28. July 2008 by Rev Young.

I am going to use the examples and experiences with public education and my daughter as the blatant example of how we fail our children.  Although I am writing about Juvenile Justice, it is very easy to see how we have failed her and children like her, through her experiences. 

First of all, Heidi was a generation at the beginning of the awakening of the autism movement.  While more was known about diagnosing the condition, little was known about treatment.  We entered public education with the assistance of United Way.  Our assessment services and personal classroom aid for Heidi was provided by BOCES (Board of Cooperative Education Services).  Through every grade level, with every teacher and every classroom, I educated the teacher and her aid on how to instruct Heidi.  There were times, in junior high, that I would be at the school every week and sometimes several times.  Teachers were not prepared for her, they did not want to take the time to teach her, they did not see the value in instructing her and they didn’t want to be bothered.  Now this was a child with obvious disabilities.  One that we should be prepared to and desire to give extra assistance, to help her reach her potential.  That was not what we experienced.

While you may view this as an isolated incident, let me share a story to the contrary.  As I spoke earlier, junior high was very difficult.  The year Heidi started junior high was the first year that they moved 6th grade out of elementary school and into junior high school.  Parents, they do this because of economics, not because it best environment for our children.  I received notes everyday on Heidi and her difficulty adjusting to this new environment.  I would receive phone calls from the school for me to come pick her up because Heidi was difficult to manage.  I would pick her up and she would be happy as a clam.  Now that is pretty normal for a kid.  They don’t feel well at school but all of a sudden they are healed when they get home!  However, it was a growing issue.  Finally, I had enough.  I decided to take my day off and go to school.  I followed Heidi through all of her classes, watched how the aid interacted with her, saw the environment that she was in and assessed the problems.  With autistic children, over-stimulation causes behavior outbursts.  If you know the source of over-stimulation, you can help the child adapt or remove them from the situation.  What I saw at my visit to school was truly alarming!  I called a meeting with the District Director of Special Education, the principal, the teachers, her special education coordinator and her aid.  Oh and there was me.  That is how it felt.  All of them……and me.  They asked how we were going to address the behavior outbursts, what recommendations could I make and they assured me that they wanted what was best for Heidi. 

I began by addressing the special education director.  I told him that I had attended class with Heidi.  I told him that in every class, every single student was at risk of failing.  I told him that I saw teachers that were unprepared to deal with the neediness of a 6th grader.  I saw teachers that did not know how to communicate effectively with a 6th grader.  I saw teachers that had no control of their class.  I saw students that were lost, frightened and failing because they had no leader to guide them.  The director responded that one third of all 6th graders and all 9th graders fail.  That is the statistics, they expect that.  They simply are not mature enough to deal with the social pressures of the new regiment.  AND THE DISTRICT ACCEPTS THAT AS OKAY!

They wanted to know if there was a proven and appropriate way to remove Heidi from a stimulating environment.  I stood up and demonstrated that if you get behind her, wrap your arms around her and pull her tight to your body while speaking softly in her ear, you can change her whole demeanor.  They told me they could not do that because that would be viewed as hugging and they don’t hug children!  Did you hear me?  They don’t hug children!  Why?  because we are born of fear and we are afraid that someone might do something wrong to our child.  So out of the one in 100,000 incidents of molestation…..we choose not to let anyone hug our kids.  I told the director that was our first problem.  Sixth grade children are at the age when one moment they need the comfort of a caregiver and the next moment they do not acknowledge your existence.  Comfort and Release, comfort….and release.  This is the process of building confidence in a child to stand on their own.  If you continually release them with no comfort, they act up, they get angry, they withdraw or they try to blend in.  They do not gain confidence, they just try to survive.  On their own abilities.  Through wrong behavior.

I also confronted the district on materials and equipment for classrooms, adequate assistance for the teachers and told them that Heidi’s educational program from the state mandated these things.  I gave them a time line to pull everything into order.  At the end of the year, her teachers thanked me.  They told me that because of my voice, they were able to acquire all the necessary equipment and staff for Heidi but also for the other children as well!  By the time the changes happened we were going on Christmas break.

If this was the experience for Heidi, who had an obvious disability, what do you think happened to the child with a learning disability, or problems at home, or was hungry every day when he came to school, or couldn’t afford all the school supplies?  What happened to them?

One third of all sixth graders, that started the school year with hope,…….failed that year.  And that was acceptable!

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24. July 2008 by Rev Young.

Up until this time, I have been posting articles and information concerning Juvenile Justice Reform.  For the next few weeks (or how ever long it takes), I want to focus on educating everyone on the issues surrounding juvenile reform policy.  Juvenile Justice Reform 101.  It has occurred to me, and to my advocate friends, that most people are not informed on the issues at all.  They have false information stuck in their heads, they do not see how this has anything to do with them or they simply did not realize that there was a need for their voice.

That is where I want to begin.  If we want to impact our society, schools, neighborhoods, communities, state or our nation, we have to choose to pay attention and get involved.  That is easy for me to say because I have a cause (actually 2) that involve me and my family on a personal level.  That causes me to pay attention and to get involved.  It is the only hope we, as a family, have for the future. 

There is a larger picture that has become painfully clear to me.  While the issues that I advocate for personally involve my children and of course the rest of our family as a result, I was shocked and horrified to find out how many families, like us, are facing the same issues.  Once I realized how many families were facing the same issues that I was facing, I began to see the impact that these issues had on our community and our city.  Then, as my vision opened further, I saw the impact it had on my state and the nation.  With this realization came the knowledge and understanding that the issues I advocate for impact every family in the United States!  Every single family in this country is impacted in some way by these issues and I will show you how.

I advocate for two major issues.  The first being Juvenile Justice and Prison Reform.  The second issue I advocate for is Disability Education and Habilitation Reform.  Now I want you to follow me closely on this and I assure you, you will never look at politics and your community the same.

There is a connection between the two issues that I advocate for.  They both deal with young people with disadvantages.  They both deal with young people who’s needs are not being met by programs, rehabilitation or habilitation.  They are both young people groups that most people view as “someone else’s problem”.  They are both the future hope of our country, for the way we take care of the least, the poor and the needy, directly reflects on how well we are taking care of our population in general! AND it will determine the health, strength and stability of the next generation in our nation!

Now, for those of you that think in purely financial terms, let me present you with some thoughts to ponder.  At any time during the year 150,000 juveniles are being held in adult prison facilities.  At an average cost of $25,000.00 per juvenile, that costs you $3,750,000.  per year.  You are housing 150,000 juveniles in a facility that is violent, coercive and demeaning, where they are held in hopelessness, anger and fear.  Let’s call it the University of Despair because for the same cost, you could be paying to educate these young people, creating a future hope for them and for your community, state and nation.  Since juvenile rehabilitation programs are all but extinct in most areas, because we have taken a tough on crime and zero tolerance stand and because we did not take into account that this meant we were declaring war on our own children, the states in our country have taken to housing juvenile offenders in adult prison facilities.  What do you think they are encountering there?  Do you think we are teaching them a lesson or are we cementing a life of dependency on us?  You see, if we do not take the opportunity when they are juveniles to rehabilitate and educate them, we may very well end up caring for them in prison for the majority of their lives.  That financial burden will be ours and our children’s! 

Now here is another thought.  We can either pay for rehabilitation and education, which costs significantly less than incarceration OR we can continue to build prisons.  The money we pour into prison facilities takes away from the money we COULD be spending on education, disability programs, health care, elder care or keeping up with road repair and parks programs.  We could be spending the money on things to better our communities and better the lives of those living in the communities at the same time.

As adults, parents, members of our society, we are responsible for creating the environment that produces juvenile delinquency.  We cannot hide from that fact.  We are the adults and are responsible for the care of ALL children.  We can let the sociologists and psychologists continue to ponder the questions “Why is this happening?”  We need to begin by asking “What do we need to do to change the outcome?”

My daughter is almost 24 years old.  She was diagnosed with autism at the time when intervention programs were being “tested”.  She was not even diagnosed until she was 6 because the awareness movement for autism was still  forthcoming.  When they wanted to continue testing (medically) and putting her through the trauma of clinics, I asked the professionals if this would provide a cure?  They said no.  I told them that I thought our efforts would be best placed on her development.  “Let’s take what we have and make her the best she can be.” 

We have a large population of young people that are failing, sick, dying and lost.  Let us commit ourselves to take them where they are and help them become the best they can be.  For all of our sakes. 

Where do we start?  With education.  That is the next issue I will tackle.  Does “No Child Left Behind” work?  Or has it caused the gap between races, economic advantage and invention vs academics to widen?   

To be continued…..

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15. July 2008 by Rev Young.

I have been handed these two articles, one from the Washington Post and the other from the New York Times, which are very encouraging commentaries on the future of Juvenile Justice Reform. 

The first article concerns Juvenile Justice Delinquency Prevention Act which is to be heard on July 17th.  This act would restore most of the policies that were in place in 1974 that protected the rights of juvenile offenders with the belief that juvenile offenders could and SHOULD be rehabilitated.  This piece of legislation would also protect juveniles from being housed in adult prison facilities, especially during the interim time before their acquittal or conviction.  The practice of housing juvenile offenders in adult facilities has proven to be a breeding ground for violence and repeat offenders.

The second article concerns New York State and their move from juvenile detention to community based programs for rehabilitation.  I want to encourage all of you who are reading this blog to go to the New York State Department of Corrections web site.  They have been working at rehabilitating their antiquated system of corrections and moving toward treatment, programs, rehabilitation and restoration.  As a result they will be closing 3 prison facilities in 2009 and it looks like they will be closing a number of detention facilities as well.  The change in their recidivism rate has been a direct result of programs.  Take a look, you will be surprised! 

Now read on.  I think we can take some of this information and use it within our own states to help facilitate change in our own states.

Juvenile Justice
Some changes would improve legislation in the Senate.

The Washington Post

Sunday, July 13, 2008; B06

SINCE 1974, federal law has required that juveniles picked up for breaking the law be kept separate from alleged adult offenders — and for good reason. Juveniles held in adult facilities are more likely to be attacked, more likely to commit crimes once released and more likely to commit suicide than those held in facilities that house only minors. This week, the Senate Judiciary Committeeis scheduled to consider reauthorizing an updated version of the 1974 bill. The Juvenile Justice Delinquency and Prevention Reauthorization Act of 2008 strengthens protections for juveniles while safeguarding judicial discretion to deal with exceptional cases. It also calls for preservation and expansion of programs that have been particularly effective in combating delinquency and crime among youth, including mentoring and after-school supervision. The bill should be passed, with some changes.

Over the past decade, an increasing number of states have adopted laws allowing juveniles to be charged as adults for certain serious crimes; prosecutors in these jurisdictions often have the last word on charging decisions. Those jurisdictions often also require that these juveniles be held in adult facilities. Under the proposed bill, even juveniles charged as adults must be held in juvenile facilities or out of “sound and sight” of adults in adult facilities unless a judge specifically orders otherwise. A judge must take into account the alleged offender’s age, his physical and mental maturity, and the nature of the crime, among other factors; a judge must review every 30 days the decision to send a juvenile to an adult facility. This approach is sensible. The bill should be amended to explicitly allow prosecutors and other state officials to flag for the judge juveniles they believe would be a danger to other minors and so would be better held in adult quarters.

The legislation also takes a step in the right direction by setting stricter limits on detentions for status offenders — those youths who are picked up for skipping school or running away from home. Such youths have not committed crimes and would not have been locked up for these infractions had they been adults. Studies show that these juveniles — and the community — are better served when they are directed to mentoring or school-based programs. As it is, judges in many jurisdictions may hold juveniles indefinitely for status offenses; the proposed bill would limit that to seven days. That’s an improvement, but lawmakers should consider eliminating these detentions altogether.

The Congressional Budget Office has not yet estimated the cost of the new juvenile justice bill. According to Justice Department figures, the existing version of the law cost taxpayers just under $300 million last year — real money but a fair price to pay for smart and effective programs.

__________________________________________________________________________________________

July 11, 2008

Editorial

Help Closer to Home

One proven way to prevent borderline young offenders from becoming serious criminals is to treat them — and their families — in community-based counseling programs instead of shipping them off to juvenile facilities that are often hundreds of miles away from home. Early data suggests that New York City’s alternative-placement programs are cutting recidivism rates.

In addition to saving young lives, the community-based programs cost a lot less: $20,000 per child per year versus as much as $200,000 for holding a child in a juvenile facility. Despite that, politicians and labor unions — eager to preserve local jobs — are fighting hard to keep facilities open.

Earlier this year, Gladys Carrión, the commissioner of New York’s Office of Children and Family Services, announced her intention to close five of the state’s 22 facilities for low-level offenders and an intake center in the Bronx. A longtime advocate of community-based therapies, Ms. Carrión was fiercely criticized by the unions and communities where the facilities are located. The Legislature then restored funding for one of the facilities and the intake center. Gov. David Paterson will need to press a lot harder to close the rest of the unneeded centers and to help keep the reform effort on track.

If there is any doubt, Governor Paterson and other politicians in Albany should review the data on recidivism. About 80 percent of the young men who are placed in juvenile facilities in New York end up committing more crimes within three years of their release. Preliminary data from New York City suggests that the recidivism rate for the new community-based programs might be as low as 35 percent.

The idea is to help borderline young offenders before they turn to serious crime. Young people are required to participate in the programs as a condition of probation. Both they and their families are provided with counselors who teach parenting skills and who often mediate between troubled children and their families.

New York and other states will always need some facilities for young people who commit grave crimes. But they need to stop reflexively confining young people who present little or no risk. New York needs to greatly expand access to community-based programs. It can do that by closing unneeded juvenile detention centers and investing the savings in programs like the ones adopted in New York City.

Sarah Bryer

Director

National Juvenile Justice Network

1710 Rhode Island Avenue, NW, 10th Floor

Washington, DC 20036

202/467-0864 x 105

cell: 202/714-1162

fax: 202/887-0738

bryer@juvjustice.org

www.njjn.org

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7. July 2008 by Rev Young.

 I have chosen to post two recent articles that were published by two respected newspapers.  These two articles give hope to the cause of Juvenile Justice and Juvenile Prison Reform issues.  However, I believe as the authors do, that we will have to see how it really works.  Will it be enough?  The pieces of national legislation, Juvenile Justice Deliquency Prevention Act and HR 4300 are strong hopes but the internation legislation by the UN council The Rights of a Child would show that we are clearly ready to change the way we deal with Juveniles. Read on….. 

Juvenile Clemency Board

Panel makes inroads

With a system to review offenders finally in place, the first-of-its-kind board has started assessing cases.

By Kevin Simpson
The Denver Post

Article Last Updated: 07/06/2008 11:39:22 PM MDT

Nearly a year after Gov. Bill Ritter established the nation’s first juvenile-clemency board, the panel has delved into individual cases — and could soon make its first recommendations on whether to offer some young offenders a second chance.

After establishing eligibility criteria and crafting an application process, the board reviewed two cases at its June 20 meeting, has given four others serious consideration and expects several more to be in the pipeline soon.

Some final clemency decisions likely will come before the end of the year, said Mark Noel, the state director for extradition and clemency. Adult clemency traditionally has been announced around Christmastime.

“This is all new ground,” Noel said. “We’ve had inquiries from all over the world about this board. It’s a very careful, serious, deliberate process. These are murder cases. You don’t want to rush something like this.”

The panel spent months devising a process for juveniles to apply for clemency and working with the Department of Corrections to get the system up and running. Ritter introduced the board as a political compromise to address some cases among at least 45 offenders already sentenced as juveniles to life without parole.

Juvenile-justice advocates, while frustrated by the slow pace so far, still hope the clemency board will turn out to be more than just political window dressing.

“We’re not asking that they all come out,” said Mary Ellen Johnson, executive director of the Denver-based Pendulum Foundation, a juvenile-justice advocacy group. “We’re asking for a realistic chance. One out of 100 is not realistic. I’d like to see 15 of the 45 (serving life without parole) have a realistic chance.”

Johnson said her organization also would like to work with the Department of Corrections to implement programs designed to prepare young offenders for life outside of prison walls.

“We don’t think, like some (offenders’) family members, that you just wave a magic wand and they come out,” she said. “It’s not going to happen.”

Mindful that clemency always carries political risks, she proposes a conditional commutation, in which a juvenile who successfully completes a cognitive-behavior program would go into a halfway house and then gradually acclimate to society.

“We want to work with the board to make this a real partnership,” she said, “to heal those young men but also to have public safety be paramount, so it’s a win-win for everybody.”

One glitch that surfaced as the board got underway involved use of an offender’s age at sentencing to determine eligibility for juvenile clemency, rather than age at the time of the crime.

Particularly in murder cases, months or even years can pass before a case goes to trial and sentencing. The unintended result of the board’s rule was that many juveniles serving life without parole wouldn’t have been eligible to apply.

The board granted waivers while it officially changed the rule to reflect eligibility by an offender’s age at the time of the crime, which was Ritter’s intent, Noel said.

The board makes nonbinding recommendations to the governor, who can reduce a sentence or deny clemency. Offenders who are denied must wait three years to reapply.

The seven-member board also will see its first turnover, as one member leaves for health reasons. Currently, the board has no African-American representation — a situation juvenile advocates would like to see change.

Kevin Simpson: 303-954-1739 or ksimpson@denverpost.com

45 Colorado offenders sentenced as juveniles, serving life without parole, who would be eligible for clemency under the current system

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