Without question, Colorado must consider other civil justice policies than merely “throwing away the key” when a juvenile commits a crime. While the dictates of justice, and the considerations of victims are inarguable, we believe Colorado must also look at juvenile justice from a higher moral viewpoint than adult criminal justice.

Commutations for juvenile offenders are not the answer in every case, but to preclude commutations outright, as a matter of State policy, is to abrogate a cornerstone of our Constitution : that justice be meted out on the merits of each case - and not in the “one-punishment-fits-all” fashion we see today.

We believe that reduced sentences, in certain cases, are in the best interests of all Coloradans. By using Commutation as a potential reward for incarcerated juveniles, combined with a well organized series of programs for rehabilitation and education Colorado can become a leader in juvenile justice practice and a model for much-needed reforms.

Judges today, in cases of juveniles tried as adults, have few discretions to preclude unduly long sentences, or to factor rehabilitative potential in the punitive phase of a juvenile’s case. It may shock the sensibilities of most Coloradans to realize that there are dozens of juveniles now serving life without parole in Colorado prisons, and that these juveniles were charged as adults without any judicial role in that process, and were then sent to prison for life, with no judge ever being involved in the sentencing decision. These “lethal intersection” cases are a clear example of over-reaching prosecutors tipping the balance of powers in our State, without the citizenry ever realizing how unjust our system has become in these cases.

In the few cases where judges do still have some measure of sentencing discretion, the program options available for juvenile offenders are little more than a lock down boot camps. There is a place for boot camps in any juvenile justice program, but we believe these should be integrated with educational and rehabilitative programs that truly serve to redeem a juvenile offender while he or she pays the consequences of their actions by serving their sentence.

When a juvenile is tried and convicted , we as a State, must say,” We now have a duty, not only to punish this individual for the crimes they have committed, but to give them every chance for rehabilitation and education while serving their sentence. To otherwise return them to society without doing so, is a guarantee of a repeat cycle of failure and renewed criminal conduct.

Instead, in too many cases, unrestrained District Attorneys try them as adults, sentence them to extraordinarily long mandatory adult sentences, where they are incarcerated in adult prisons with no programs and no rehabilitation. We put these children into survival mode with the worst adult prisoners in our state, and keep them in warehouse facilities where the only “recreation” is violence.

No judge, no jury, no Governor, and no Parole or Commutation Board can know which juvenile will succeed in being rehabilitated and which will not. The way to find out, is to give them the opportunity. It is well said that morality and character cannot be infused, but rather, can only be illuminated. Custodial rehabilitation may be the only light some juveniles are ever given to rebuild their lives with. The best course is to give them the illuminating lights of rehabilitation and education, and measure their progress carefully. Lowering sentences does not have to mean automatic parole for unrepentant offenders. It should mean the opportunity for parole, if the juvenile is working towards true rehabilitation.

Compounding the problem is the fact that post-trial decision makers have very limited information as to which juveniles should receive consideration for a lowered or modified sentence. The only information entered into a juvenile’s in-custody file are negative indicators commonly known as incidents reports or write-ups. In fact, no system exists to report positive behavior, accomplishments while in custody, or rehabilitative progress. The only scoring done, is when the juvenile makes a mistake. Our government was not established to so unfairly prevent those who have fallen, from ever getting up, but that is the state of juvenile justice in Colorado today, and we believe this deserves attention and remedy.

Lest any Coloradan think these policies are only the problems of convicted criminals, you need only look at the cost of these policies that is borne by every citizen of our state, every single day. Our school graduation rates continue to fall, while our prison population continues to rise. While state spending on education over the past 10 years has increased by less than 21%, spending on prisons has increased more than 122%. When all our money is pulled from schools to build more prisons, it is no accident that our children follow. Case in point : merely housing the juveniles already sentenced to life without parole in our prisons today will cost the taxpayers more than $50 million dollars.

Colorado cannot afford the failed policies of the past.

That is why we call upon Governor Ritter to act. To rise above the failures of “throwing away the key”, and to implement policies and practices that balance all the diverse needs inherent in Colorado juvenile justice - the undeniable need for punitive sanctions for criminal conduct, the need for rehabilitation of juvenile offenders, and the need for the State to have policies which make moral and fiscal sense.

We believe Governor Ritter can and should direct the Juvenile Commutation and Pardon Board to make recommendations to the Department of Corrections as to which juveniles can be eligible for release programs after reviewing the file of each juvenile who asks for the program.

We believe that Governor Ritter should ensure that those who graduate from rehabilitative and educational programs then be eligible to apply to the Juvenile Commutation and Pardon Board for a reduced sentence.

Failing Executive Branch action, we believe this model should be put into law by the Legislature, so that judges can modify prison sentences for juveniles when they have earned eligibility.

Colorado can become a worldwide leader in Juvenile Justice. Not all, perhaps not even a majority, of the juveniles given such opportunities for redemption will succeed. Those that are redeemable, however, deserve the opportunity to work hard and earn a second chance. Not a free pardon. Not automatic parole. A second chance.

Who among us would deny this to someone who has paid a price for his crimes, and worked hard to earn this second chance?