James Swift

James Swift is a freelance reporter working in metro Atlanta.

Recent posts

New Report Argues Registering Juvenile Sex Offenders Does More Harm Than Good

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HRW

A new report released by Human Rights Watch examines the impact of registering juveniles in sexual offender databases. “Raised on the Registry: The Irreparable Harm of Placing Children on Sex Offender Registries in the U.S.” argues that forcing youth sex offenders to be listed on such databases has a multitude of negative implications that may impede a young person’s ability to reform behaviors and engage in normal social activity. Sometimes, the report states, the restrictions on where a young sex offender may live, go to school and work are so severe that some juveniles are driven to commit suicide. According to the report, there is no “conclusive evidence” suggesting that registering young sex offenders reduces reported rates of sexual abuse. Furthermore, the authors of the report state that constant police monitoring and notification policies that require a young person to divulge their sexual offense histories are many times unnecessary, since the populations tend to have among the lowest levels of re-offending. Continue Reading →

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Historic Juvenile Justice Reform Bill to Be Signed into Law Tomorrow in Georgia

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Most recent photo of Gov. Deal

Thursday, Gov. Nathan Deal is expected to sign House Bill 242 — a sweeping juvenile justice reform package that also rewrites the state’s juvenile code– in Dalton, Ga. Advocates have been calling for statewide juvenile justice reform for years, with some of the policies rewritten by HB 242 stretching back to the 1970s. Last year, Gov. Deal reassembled the state’s Special Council on Justice Reform – a body that had proposed recommendations that were adopted as new criminal justice reform laws a year earlier under the recently signed HB 349 — to make recommendations for reforming the state’s juvenile justice system. A Special Council on Criminal Justice Reform for Georgians report released last December served as the backbone for HB 242, which was formally introduced to the Georgia House in early February by state representatives and state Senate sponsor Charlie Bethel, a Republican representing the state’s 54th district. “As Georgia moves forward with its juvenile reform effort, all credit goes to Gov. Deal and the General Assembly,” said Joe Vignati Justice Division administrator for the Governor’s Office for Children and Families. Continue Reading →

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Ruling Could Vacate Sentence of Man Who Carried Out School Shooting Rampage in 1998

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Oregon State Correctional Institution. Photo courtesy of Oregon DOC

Citing last year’s Miller v. Alabama Supreme Court ruling, an attorney representing Kipland “Kip” Kinkel — who in 1998, murdered his parents and embarked upon a shooting spree at Thurston High School in Springfield, Ore. — has filed a petition asking a state judge to void Kinkel’s current sentence. “He pleaded guilty and didn’t try to evade responsibility for what he had done and asked for a lawful sentence,” The Oregonian quotes Andy Simrin, attorney for the now 30-year-old Kinkel. Due to last year’s landmark ruling, he is requesting that his client’s current sentence be vacated and a new sentence hearing be ordered. On May 20, 1998 — a day after killing his parents — then 15-year-old Kinkel went on a shooting rampage at his high school. Continue Reading →

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Georgia Gov. Deal Signs Law Establishing New Juvenile Justice Reform Commission

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nathan-deal

Georgia Gov. Nathan Deal signed House Bill 349 into law Thursday, granting judges more latitude to avoid meting out mandatory minimum sentences, particularly regarding the state’s drug-related cases. “Public safety will be improved by giving prosecutors leverage in certain cases and by ensuring that our prison resources are reserved for the kingpins while the mules are given a chance at reform,” Deal told the Associated Press. Under the bill, drug court defendants, alongside those enrolled in mental health programs, will be eligible for restricted driving permits, pending they meet specific requirements as part of their respective programs. Additionally, defendants in such programs, who obtained HOPE GED vouchers while in jail, are now allowed to use their earned credits for a two-year period following their release. The signing of the bill also officially establishes the Georgia Criminal Justice Reform Commission (GCJRC), charged with reviewing both the state’s criminal and juvenile justice systems. Under the new council, Deal will appoint 15 members, of which 10 will be state officials. With four-year terms, members of the GCJRC will conduct justice system reviews a minimum of every two years. Continue Reading →

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Nebraska Juvenile Justice Reform Amendments Pass Committee Vote

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Nebraska_State_Legislature

The Nebraska Legislature has pushed forward a proposed piece of juvenile justice reform legislation, following a judiciary committee re-write, the Omaha World-Herald reports. Legislators approved amendments Tuesday to Legislative Bill 561. If passed, the proposal would reroute the state’s estimated 3,500 juvenile offenders away from Nebraska’s Department of Health and Human Services and place them under the authority of the state Office of Probation Administration instead. Although the bill’s original language called for the closing of two facilities in the cities of Kearney and Geneva, the recent rewrite would keep the two centers open, albeit, with stricter standards in place. Further, the proposed legislation would establish new re-entry processes for young people leaving the two facilities, and encourage counties to implement diversion programs for juvenile offenders. Continue Reading →

Filed under: Community-Based Alternatives, News

Connecticut Judiciary Committee Approves Bill Authorizing Reviews of Sentences for Some Juvenile Offenders

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Photo by Marc Tomik

This week, members of Connecticut’s joint judiciary committee approved House Bill 6581, a piece of legislation that would grant automatic reviews for individuals given sentences in excess of 10 years and were under the age of 18 at the time the crimes were committed. The bill is a response to last year’s Miller v. Alabama ruling, and part of a larger package of state reforms recommended by a commission of Connecticut’s prosecutors, defense attorneys and judges. The legislation will now proceed to a vote on the floor of the state’s House of Representatives. Judiciary Committee Co-Chairman Gerry Fox (D-Stamford) toldThe Hartford Courant that while the proposed legislation gives inmates an opportunity for release from prison, the measure by no means would result in the automatic release of the state’s juvenile offenders. “This does not say that these inmates would definitely get out of prison,” Rep. Fox is quoted. Continue Reading →

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New Jersey Legislator Wants Violent Video Games Banned in Public Places

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Photo Courtesy of Merrick Monroe

If New Jersey Assemblywomen Linda Stender (D-Union) has her way, it could soon become a finable offense in the state for businesses to have violent video games available for public play. According to The Star Ledger, Stender announced plans to introduce a measure that would prevent public places — such as retail outlets, bowling allies and movie theaters — from having accessible video games that are rated either “mature” or “adults-only” by the Entertainment Software Ratings Board (ESRB.)

Under the legislation, she said that offenders would face first-time fines up to $10,000, with repeat offenders being tabbed $20,000 for each subsequent violation. Although Stender said that she doesn’t believe that video games are lone factors in contributing to violent youth behavior, she does consider the games to have a profound influence on young people. “Children today are exposed to violent images more than ever,” she is quoted in a recent press release. “Violent video games can desensitize children to violence and give them a warped version of reality where violence and death have no consequences outside their TV screens.”

Under the proposal, the violent video game ban would extend to all “places of public accommodation.” In addition to barring the games from restaurants, bars and amusement parks, the legislation would also restrict video game access in hospitals, public libraries and “any educational institution under the supervision of State Board of Education or the Commissioner of New Jersey,” which encompasses a wide swath ranging from kindergarten classrooms to the state’s colleges and universities. Continue Reading →

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Georgia Agencies Offering $6 Million for Juvenile Reinvestment Proposals

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Governor Deal at the 2013 State of Address to the Georgia General Assembly

On Friday, Georgia’s Governor’s Office for Children and Families (GOCF) and the Criminal Justice Coordinating Council (CJCC) announced a call for proposals, with $6 million in grants being offered to reduce recidivism rates among juvenile offenders. “We aim to incentivize court projects that provide services which hold juveniles accountable for their actions,” stated GOCF Executive Director Katie Jo Ballard. “While also holding our juvenile system accountable to taxpayers.”

The agencies are currently looking for in-state projects, involving evidence-based models that have been proven to reduce juvenile offender recidivism. The state will fund $5 million, with counties prioritized based on recidivism rates, while the GOFC will be providing an additional $1 million in federal funds. Funding applications are due by June 21, with award notifications expected to be announced on July 22. Continue Reading →

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Florida Juvenile Murderers May Face 50-year Minimum Sentences

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Photo Courtesy of Florida Senate

This week, Florida’s state Senate Criminal Justice Committee approved a bill that could establish new minimum and maximum juvenile sentencing standards within the state. Under Senate Bill 1350 (SB 1350), juvenile offenders convicted of murder may be given a minimum sentence of 50 years behind bars, while young people convicted of non-murder offenses would have maximum sentences of 50 years. The bill, approved by a 4-2 vote, also leaves room for judges to give life sentences for juvenile offenders charged with murder, pending outcomes from a review that takes into consideration several factors, including the nature of the offense and the offender’s mental competence. Upon rejecting a life sentence, SB 1350 would require state judges to impose the 50-year minimum sentence. According to The Ledger.com, the proposal has the backing of both the Florida Sheriffs Association and state prosecutors. Continue Reading →

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