Don’t Throw Away the Key – General Assembly Update

Yesterday was a busy but good day at the General Assembly.

SB 259 sponsored by Senator Lucas was unanimously voted out of the Senate Courts of Justice committee!  It was set for its first reading on the Senate floor’s uncontested docket today and will hopefully move through the Senate without any problem. SB 259 will reduce the number of youth housed with adult offenders in adult jails by requiring evidence finding of dangerousness (other than the youth is being tried as an adult) before a youth can be moved from a juvenile detention center to an adult jail.

Both SB 205 sponsored by Senator Edwards and SB 389 sponsored by Senator McDougle were referred out of the Senate Courts of Justice committee to the Virginia State Crime Commission yesterday.   We are pleased with this outcome as it will avoid the unnecessary broadening of Virginia’s transfer laws at this time.  As we have said before, we believe that more study of this issue will further highlight the problems with Virginia’s transfer system making the need for change even more apparent.  Additional time will allow us to add more groups to the 45+ already showing their support for reform by signing on to the Campaign, to open the eyes of more people to the problems with trying youth as adults, to gather more stories about how transfer is impacting our youth, families, and communities, and to grow the Don’t Throw Away the Key Campaign.

There are still bills in the House of Delegates that would result in negative changes to the transfer system.  We will keep you posted on how those proceed and there will certainly be opportunities for advocacy when those bills are set to be heard.

Action Steps:

1. Thank Senator Lucas for her sponsorship of SB 259 and the members of the Senate Courts of Justice Committee (Marsh (Chairman), Saslaw, Quayle, Norment, Howell, Lucas, Edwards, Reynolds, Puller, Obenshain, McDougle, Deeds, Hurt, McEachin, Petersen) for their votes on SB 259!  You can express your thanks to the Senators by phone call, email, or letter.

The name and contact information for your Senator can be found here:

http://conview.state.va.us/whosmy.nsf/main?openform

1. Thank Senator Edwards for his patronage of SB 205 and support for reform of Virginia’s system of trying youth as adults.   Senator Edwards’ contact information is below:

General Assembly Building, Room 309
Capitol Square
Richmond, Virginia 23219
(804) 698-7521
email: district21@senate.virginia.gov

1. Be on the lookout for more information as the session progresses! Things move quickly during the General Assembly session so watch your email closely and be prepared to take action on short notice.

Senate Courts Criminal Subcommittee Update

Dear Friends,

This morning Senator Lucas’ bill SB 205 which would limit the number of transferred youth held in adult jail pretrial passed out of the criminal subcommittee and will move on to the full Senate Courts of Justice committee.  I anticipate that it will be heard at 9 a.m. on Monday morning by the committee but will have to provide more definite information once it is available. 

Senator McDougle’s bill SB 389 was passed by for the day this morning while Senator Edward’s bill SB 205 was heard.  Thanks to everyone who came out in support of Senator Edwards and this bill! Special thanks to those of you who gave testimony!  In light of the similar subject matter covered by these two bills, Senator Edwards and Senator McDougle have agreed to meet and discuss a possible compromise on the issue.  We will keep you posted on what comes of that meeting.

Overall, it was a very successful morning.

However, we still need your help! Here’s how:

• Contact your Senator asking him/her to vote “yes” on SB 205 and “no” on SB 389 if he or she is on the Criminal Subcommittee (Reynolds, Howell, Norment, McEachin, Deeds, McDougle, and Hurt). See talking points.
• Contact your Senator if he or she is on the Senate Courts of Justice Committee (Marsh (Chairman), Saslaw, Quayle, Norment, Howell, Lucas, Edwards, Reynolds, Puller, Obenshain, McDougle, Deeds, Hurt, McEachin, Petersen)  asking him/her to vote “yes” on SB 259. See talking points.

Thank you for your continued support.  Please do not hesitate to contact me with questions or concerns.

Kate Duvall

434-284-0869

IMPORTANT UPDATE – 2010 General Assembly Session

The 2010 Session of the Virginia General Assembly started on Wednesday January 13^th.  The session will last for sixty days and ends on March 13^th.   The issue of trying youth as adults will be front and center during the session. We need your help!

On the positive side, two bills have been proposed that could reduce the number of youth tried as adults, and the number of youth who are locked up in adult jails awaiting their trial as adults.

Bills that create positive change in the transfer system:

• Senate Bill 205 (“SB 205”) sponsored by Senator John Edwards will limit the current broad unfettered authority of prosecutors to make transfer decisions by giving Circuit Court Judges the authority to send cases back to juvenile court where the Judge finds that the youth should not have been transferred to Circuit Court originally.

http://leg1.state.va.us/cgi-bin/legp504.exe?ses=101&typ=bil&val=sb205

• SB 259 sponsored by Senator Louise Lucas will reduce the number of youth housed with adult offenders in adult jails by requiring evidence finding  of dangerousness (other than the youth is being tried as an adult) before a youth can be moved from a juvenile detention center to an adult jail.

http://leg1.state.va.us/cgi-bin/legp504.exe?ses=101&typ=bil&val=sb259

Unfortunately, even though we know that Virginia’s transfer system does not work, is not fair, and is not safe for youth or their communities, some bills have been proposed that will dramatically increase the number of youth tried as adults in Virginia by giving prosecutors even more power and making more crimes subject to automatic transfer.

Bills that will inappropriately increase the number of youth tried as adults:

• House Bill (“HB”) 1120 sponsored by Delegate Todd Gilbert and SB 389 sponsored by Senator Ryan McDougle are companion bills. These bills unnecessarily add more categories of offenses to those subject to automatic transfer and those where the prosecutor has unilateral power to transfer youth. These changes will dramatically increase the number of youth who are tried as adults and locked up with adults. These bills mandate that youth charged with a second act of violence as defined in §19.2-297.1 be tried as adults. They also expand the authority of Commonwealth’s Attorneys to decide to try youth as adults for gang offenses and second or subsequent violations selling, distributing, etc., various controlled substances including marijuana.

http://leg1.state.va.us/cgi-bin/legp504.exe?ses=101&typ=bil&val=hb1120

http://leg1.state.va.us/cgi-bin/legp504.exe?ses=101&typ=bil&val=sb389

• HB 569 sponsored by Delegate Sal Iaquinto adds the additional felonies of “committing, conspiring, or aiding and abetting an act of terrorism or possession, manufacture, or distribution of a weapon of terrorism or a hoax device…” to the list of felonies which Commonwealth’s Attorneys have the discretion to send to adult court.

http://leg1.state.va.us/cgi-bin/legp504.exe?ses=101&typ=bil&val=hb569

• HB911 sponsored by Delegate Robert Bell mandates “that if a case against a juvenile 14 years of age or older for an offense that would be a felony if committed by an adult is transferred from the Juvenile and Domestic Relations District Court to the Circuit Court, all ancillary charges to that offense, even though they may not be felonies, are likewise transferred.”

http://leg1.state.va.us/cgi-bin/legp504.exe?ses=101&typ=bil&val=hb911

 

The Senate Bills listed above are where we need to initially focus.  Take Action and Support the Passage of SB 259 and SB 205 and Prevent the Passage  SB 389 ( think we should, in this email just ask them to focus on the bills that senate courts will hear soon and not ask them to discuss house bills yet):

1. The bills will first go to the Senate Courts of Justice Criminal Subcommittee.  If your Senator is on this subcommittee, contact him or her by letter, email, or telephone call and encourage them to vote “yes” on SB 259 and SB 205 and “no“on SB 389.   The following Senators are on the Senate Courts of Justice Criminal Subcommittee: Tommy Norment, Janet Howell, Roscoe Reynolds, Ryan McDougle, Creigh Deeds, or Robert Hurt.

The name and contact information for your Senator can be found here:

http://conview.state.va.us/whosmy.nsf/main?openform

Talking points to be used as a guide for your contact can be found here.

Be on the lookout for more information as the session progresses! Things move quickly during the General Assembly session so watch your email closely and be prepared to take action on short notice. We will do our best to keep you up to date as things progress.

Don’t Throw Away the Key Action Day a Success!!

Close to sixty people attended the Virginia State Crime Commission meeting in Richmond yesterday.  There were lots of new faces, old friends, and all around wonderful enthusiasm.  Thanks to all who made the trip!!  Liane Rozzell’s message “There’s also no chance child advocates will quit fighting for change” was definitely heard loud and clear.

Check out the media coverage of the day’s events:

State Lawmakers Stuck on Juvenile Courts, NBC 29, December 15, 2009.

Virginia Crime Panel Extends Juvenile Justice Study, CBS 6, December 15, 2009.

Parents Seek Juvenile Justice Changes, NBC 12, December 15, 2009.

VA Crime Panel Extends Juvenile Justice Study, Associated Press, December 15, 2009.

Virginia Panel Hears About Juvenile Justice Disparities, “Sexting” Laws, Richmond Times Dispatch, December 16, 2009.

Don’t Charge Juveniles as Adults, Advocates Urge, Virginian Pilot, December 16, 2009.

Washington Post Supports Reauthorization of JJDPA

The Washington Post editorializes today about the importance of reauthorizing the Juvenile Justice and Delinquency Prevention Act:

Jailing Juveniles – Sensible fixes to youth crime and delinquency policies, Washington Post, December 14, 2009.

Virginia Crime Commission News

On Tuesday evening, the agenda for the December 15^th meeting of the Virginia State Crime Commission was made public (http://vscc.virginia.gov/December152009.html).  I am saddened to share with you that the Crime Commission has decided to study the issue of juvenile transfer for another year rather than make recommendations for legislation this year.  The Commission feels that more data about this practice and the youth who are being transferred is necessary before moving forward with legislation.

While this is disappointing news, it is not a loss or the end.  We believe that more data will further highlight the problems with Virginia’s transfer system making the need for change even more apparent.  A year of additional time will allow us to add more groups to the 45+ already showing their support for reform by signing on to the Campaign, to open the eyes of more people to the problems with trying youth as adults, to gather more stories about how transfer is impacting our youth, families, and communities, and to grow the Don’t Throw Away the Key Campaign.

WE MUST REMAIN VIGILANT AND PROACTIVE! Transfer will be addressed, albeit briefly, at the hearing and opportunity for public comment will be very limited.  We understand if you choose not to attend the meeting because of this change in the agenda. However, it is still important to attend the Crime Commission hearing on December 15^th at 10 a.m.  so that the members of the Commission understand that this is an important issue and we remain committed to the cause.

We are planning a press conference to begin at 11:30 a.m. This will give those of you who support the Don’t Throw Away the Key Campaign and want an opportunity to express your support the chance to speak with the press.  If you would like to speak, please contact Grace Bauer at gbauer@cfyj.org or (443) 418-5201.

Please also plan on joining us for lunch and a planning session on next steps.  We need to keep the momentum that this Campaign has gathered up over the next year and can only do this with your help. Lunch will follow the press conference (starting around 12:30 p.m.) and will be held at 626 East Broad Street, Richmond, VA 23219-1890.  If you plan to come to lunch, please respond to this email or call Kate Duvall at 434-977-0553 ext. 146.

If you choose not to make the trip to Richmond this time, please be on the lookout for further news from the Don’t Throw Away the Key Campaign.

Sunday Editorials on Juvenile Transfer

Editorials calling for juvenile transfer reform in Virginia ran in both the Washington Post and the Daily Progress this weekend. See the links below:

Justice for Virginia Juveniles, The Washington Post, December 6, 2009.

The Case for Changing Law, The Daily Progress, December 6, 2009.

Thank You!

As the Thanksgiving holiday approaches, the Don’t Throw Away the Key campaign would like to take a moment to give “thanks” to all of you for your support over the past several months.  Specifically, we would like to thank you for urging organizations to sign on to the letter to the Virginia State Crime Commission members, for sending emails to the Co-chairs and Director of the Crime Commission, for following us on Facebook, and for planning to attend the December 15^th meeting of the Crime Commission in Richmond.  Thanks to your support and media coverage of the recent release of JustChildren’s report Don’t Throw Away the Key:  Reevaluating Adult Time for Youth Crime in Virginia (see below for links to the coverage), the Don’t Throw Away the Key Campaign is gathering momentum.

There will be more opportunities for you to take action and encourage Virginia’s lawmakers to reform our system of trying and incarcerating youth as adults in the coming weeks so please be on the lookout for these action alerts. In the meantime, we hope that you and your families have a peaceful Thanksgiving.

“Juvenile Sentencing Rule Scrutinized”  Daily Progress, November 17, 2009
“Study Criticizes Virginia’s Handling of Youth Offenders” Richmond Times Dispatch, November 17, 2009
“Study: Courts Too Often Treat Juveniles as Adults” The News & Advance, November 17, 2009
“Teen Crime Needs Balanced Response” The Virginian Pilot, November 22, 2009
“Community Safety: Time to Rethink Our Approach to Juvenile Sentencing” Richmond Times Dispatch, November 23, 2009

Editorials on Transfer

There was a great editorial in yesterday’s Virginian Pilot in response to the release of JustChildren’s juvenile transfer report. Retired Richmond Juvenile and Domestic Relations District Court Judge Kimberly O’Donnell authored a powerful Op-ed which appeared in this morning’s Richmond Times Dispatch. Consider showing your support by submitting online comments or writing letters to the editors of these papers. Links to the stories are below:

http://www2.timesdispatch.com/rtd/news/opinion/op_ed/article/ED-ODON23_20091122-172206/307274/

http://hamptonroads.com/2009/11/teen-crime-needs-balanced-reponse

Don’t Throw Away the Key! Act Today!

Take Action Today!!

The “Don’t Throw Away the Key” Campaign is encouraging Virginia residents to take action to change Virginia’s system of trying and incarcerating youth as adults in Virginia.
Here’s how you can help:
1) Have Your Voice Heard!

JustChildren of the Charlottesville Legal Aid Justice Center released a new report calling on Virginia policy makers to reexamine the state’s current system for trying youths as adults. The report, Don’t Throw Away the Key: Reevaluating Adult Time for Youth Time in Virginia, examines the impact of the 1996 law changes finding that the law is overly broad, unbalanced, can be unfairly applied, and lead to increases in youth re-offending rates. The report’s findings and recommendations are timely as the Virginia State Crime Commission is currently studying the issue of trying youth as adults and is expected to issue their recommendations on December 15.

A copy of the report and the stories from the Richmond Times Dispatch and Daily Progress can be found in the post below.

Please consider writing letters to the editors of these two newspapers:

1. Richmond Times Dispatch
P.O. Box 85333
Richmond, VA 23293
letters@timesdispatch.com

2. Charlottesville Daily Progress
685 Rio Road W
Charlottesville, VA 22901
http://www2.dailyprogress.com/cdp/news/opinion/letters_to_the_editor/

The Virginia Organizing Project has useful tips for writing letters to the editor. For guidelines and sample letters please visit: http://www.virginia-organizing.org/articles/writing_letters.php

2) Sign On!
We encourage everyone to get their organization to sign on to the Campaign sign on letter supporting reform of the Virginia system of trying youth as adults. This letter will be circulated to the Virginia State Crime Commission Members in November. To sign-on, contact Kate Duvall at 434-977-0553 ext 146 or at kate@justice4all.org

3) Mark your calendar!

Attend the December 15th Virginia Crime Commission meeting. If you are in the Northern Virginia or Norfolk areas, are interested in attending the meeting in Richmond and need a ride, please contact Liane Rozzell at (703) 338-3289 or liane@favyouth.org
Location: Virginia General Assembly Building in Richmond
Time: 10 am
Bring: Your friends
Wear: “Don’t Throw Away the Key” button
4) Join Us! Check us out on Facebook! Join our Fan Page!
http://www.facebook.com/home.php#/pages/Dont-Throw-Away-the-Key-Campaign/145011352671?ref=mf
5) Spread the word!
For flyers, talking points, actions kits and more, visit: www.dontthrowawaythekey.org