OPINION

Editorial: Juvenile justice reform bill a major achievement

Legislation will increase fairness and decrease youth crime

The Capital-
Journal Editorial Board
Former Shawnee County District Court Judge Jean Schmidt talked about how important Senate Bill 367 is for Kansas.

Former Shawnee County Judge Jean Schmidt isn’t interested in a quiet retirement.

At a luncheon on Wednesday, she was blunt about the importance of juvenile justice reform: “Zero-tolerance policies are for stupid and lazy people who don’t want to think or have to analyze the situation and really make a concerted, thoughtful decision.” Schmidt now advocates for a criminal justice system that emphasizes rehabilitation and prevention over detention.

This is why she called Senate Bill 367 “wonderful.”

The bill addresses the underlying causes of juvenile crime by shifting money from correctional facilities to community programs. It also decreases punishments for low-risk offenders, raises the age at which children can be tried as adults from 12 to 14, makes the diversion process more equitable, requires those who work in juvenile justice to undergo youth rehabilitation training and establishes a new oversight committee to make sure these reforms work.

SB 367 passed the Kansas House 118-5 and the Senate 40-0. It was signed by Gov. Sam Brownback on April 11 and it will be implemented on July 1, 2017.

The central focus of SB 367 is the modernization of juvenile justice in our state. The Kansas Juvenile Justice Workgroup spent months analyzing national academic research — as well as a state-specific study — before submitting a comprehensive report in November. According to Rep. John Rubin, the workgroup’s report is “based strictly on hard facts, hard data, empirical evidence,” and it is what informed the Legislature’s decision.

The workgroup found that, even though juvenile arrests have dropped precipitously since 2004, the number of children in various forms of out-of-home placement hadn’t declined at the same pace. This is partially because offenders with misdemeanors have been placed out of home at an increasing rate over the past 10 years. By imposing sentence limits, closing group homes and reducing punishments for probation violations, SB 367 will help to correct this imbalance.

The workgroup also found a large number of inconsistent judicial outcomes across the state. According to Kansans United for Youth Justice, this will be addressed “by requiring that a validated risk and needs assessment be used in all cases to inform supervision level, referrals to programs and services, and case planning.” This is an effective way to redress many of the inequities in our juvenile justice system.

To decrease our state’s juvenile crime rate, we need to do away with excessively harsh punishments, enact measures to reduce recidivism and offer programs that will diminish the appeal of illegal behavior. SB 367 does all of these things. We applaud Gov. Brownback and the Kansas Legislature for working toward a more rational, compassionate justice system in Kansas.

Members of The Capital-Journal’s editorial advisory board are Zach Ahrens, Matt Johnson, Ray Beers Jr., Laura Burton, Darren Canady, Garry Cushinberry, Matt Gassen, Mike Hall, Jessica Hosman, Vern McFalls, John Stauffer and Frank Ybarra.