Razor wire fence borders the Metro Regional Youth Detention center in Atlanta, Ga. JJIE Staff, 2010. File photo.

Youth Transfers to the Adult Corrections System More Likely to Reoffend

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Juveniles transferred to adult corrections systems reoffend at a higher rate than those who stay in the juvenile justice system, according to a new report from the National Institute of Corrections (NIC). The report also found insufficient evidence that trying youths as adults acts as a crime deterrent. Entitled “You’re an Adult Now,” the report published in December 2011 is based on the findings of three-dozen juvenile justice and adult corrections experts convened by the NIC in 2010 to identify challenges when youth are transferred to adult court. Highlighted in the report, written by Jason Ziedenberg, director of juvenile justice at M+R Strategic Services, was research by the Centers for Disease Control that found youth transferred to the adult system are 34 percent more likely than youth who remain in the juvenile justice system to be re-arrested for violent or other crimes. The safety of juveniles in adult prisons is also a serious concern, according to the report, which cites a Bureau of Justice Statistics study that found, 21 percent of the victims of inmate-on-inmate sexual violence in jails in 2005 were under the age of 18.

Kansas Cuts Out Food Stamps for Many Children of Illegal Immigrants

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A new formula for calculating who receives food stamps in Kansas has left many U.S.-born children of illegal immigrants without aid. The change affects the Supplemental Nutrition and Assistance Program (SNAP), a federal program administered individually by the states. By law, illegal immigrants are not eligible for food stamps but their U.S.-born children are, according to The Kansas City Star. Previously, Kansas excluded illegal immigrants as members of the household in the formula but adjusted the family’s income proportionately. The new rule doesn’t adjust the income, so a family’s earnings are spread over fewer people in the calculation.

Investigation Leads to Sex Allegations at Augusta, Georgia Youth Detention Center

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The Augusta, Ga. youth detention denter, where a 17-year-old was beaten to death in November, continues to be the focus of an investigation by the Georgia Bureau of Investigation (GBI). A team of 20 agents conducted interviews Tuesday as part of the murder probe. They were also there to investigation new allegations of sexual contact (some confirmed) between security personnel and detained youth, according to The Athens Banner-Herald. Gale Buckner, commissioner of the Department of Juvenile Justice (DJJ), briefed members of the Augusta legislative delegation on the ongoing joint investigation by DJJ and GBI.

New OJJDP Acting Administrator Ready for Challenge, Say Former Colleagues

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Last week, Melody Hanes assumed the mantle of acting administrator of the federal Office of Juvenile Justice and Delinquency Prevention, a temporary position held for three years by her predecesor. She may be there just as long. The Obama administration appears in no hurry to permanently fill the position and controversial legislation to remove Senate approval for the OJJDP administrator passed the Senate but is stalled in the House. While Congress debates the issue, Hanes, formerly the Deputy Administrator for Policy at OJJDP, faces an uphill battle as acting administrator of an agency that has had its budget slashed nearly $150 million by Congress in recent years. But former colleagues say Hanes, a one-time prosecutor and law professor, is uniquely qualified to make the most of a job hamstrung by its lack of permanence.

Man who Plead Guilty to Murdering 7-Year-Old Georgia Girl Found Dead in Apparent Suicide

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Two days after receiving a life sentence without parole for the murder of a 7-year-old Canton, Ga. girl, Ryan Brunn apparently killed himself in his prison cell Thursday, according to the Georgia Department of Corrections. Brunn, an apartment groundskeeper, testified at a hearing Tuesday that he lured Jorelys Rivera to an empty apartment before molesting and killing her. Her body was found in a trash compactor three days after she went missing on December 2, 2011. DoC spokesperson Kirsten Stancil said Brunn was found unresponsive at 4:15 p.m. in his cell at the Georgia Diagnostic and Classification Prison in Jackson.

Legal Representation Required in Pennsylvania Juvenile Courts, Says State’s High Court

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Juveniles appearing in delinquency proceedings in Pennsylvania will be required to have legal representation following an amendment to the commonwealth’s Rules of Juvenile Court Procedure by Pennsylvania’s Supreme Court. The change, effective March 1, follows the “kids for cash” scandal in Luzerne County, Pa. in which juvenile court judge Mark Ciavarella took kickbacks from the builder of two for-profit youth detention centers and routinely denied juveniles in his court their right to an attorney. The new rules say youth under the age of 14 must have an attorney present at all delinquency proceedings and children 14 years of age or older may only waive their right to counsel in very limited circumstances. Even then, the court must be satisfied the waiver was made knowingly, intelligently and voluntarily.

California May Ease Restrictions on Media Access to Prisoners

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The California State Assembly is considering a bill that would ease restrictions for members of the press to interview prisoners. The legislation, known as AB-1270, passed unanimously out of the Public Safety Committee Jan. 10 before being referred on to the Appropriations Committee. The bill, sponsored by Public Safety Committee Chair Tom Ammiano, requires the California Department of Corrections (CDCR) to permit reporters to interview inmates personally in California's prison unless the warden determines the interview poses an immediate threat to public safety or the security of the institution. Reporters must request the interview in advance.

Washington State’s High Court Rules Legislature Not Doing Enough to Fund Education

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The Washington State Legislature has failed to meet its constitutional responsibility to fund public education for the last three decades, according to a ruling by the state’s Supreme Court. “By the Legislature’s own terms, it has not met its duty to make ample provision for ‘basic education,’” wrote Justice Debra Stephens in an 85-page opinion. “This court cannot idly stand by as the Legislature makes unfulfilled promises for reform.”

In 2009, the Legislature passed a bill meant to reform funding formulas, HB2261, and update the 1977 Basic Education Act by 2018. In Justice Stephens’ opinion, the high court reaffirmed its jurisdiction to oversee the Legislature’s timely implementation of those changes. “Ultimately, it is our responsibility to hold the State accountable to meet its constitutional duty,” Justice Stephens writes in the opinion.

Georgia Supreme Court Hears Oral Arguments in Appeal of 14-Year-Old Given Life Sentence

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Georgia’s high court will hear oral arguments Monday in the appeal of  a 27-year-old Tift County man who was sentenced to life plus 20 years for rape when he was a 14-year-old boy. Jonas Brinkley  is appealing on the grounds that his sentence violated the U.S. Constitution's prohibition against cruel and unusual punishment and that greater-than-life sentences should not be imposed on cases not involving homicide. According to prosecutors, Brinkley committed the rape while a 19-year-old friend, Lakendrick Carter, detained the victim's boyfriend in another room.  Brinkley and Carter also stole $180 from the couple before leaving their apartment. Carter was given 15 years in prison plus another five years of probation in exchange for his testimony against Brinkley. Five days after his sentencing, Brinkley, through his attorney, filed a motion for a new trial.

As the New Legislative Session Begins, One Bill Looms Above the Rest

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Monday marks the first day of the 2012 session of the Georgia General Assembly and while many bills will be considered and debated on the floor of the state Capitol, for those interested in juvenile justice, one piece of legislation gets all of the attention. The juvenile code rewrite, in the form of two separate bills, SB 127 in the state Senate and HB 641 in the House, was reintroduced last year, working its way through various committees and stakeholder meetings. This year, advocates are guardedly optimistic the code rewrite, officially known as the Child Protection and Public Safety Act, will pass the Legislature and land on Gov. Nathan Deal’s desk for a signature. “That’s our objective,” said Voices for Georgia’s Children Executive Director Pat Willis. “We have great support from the sponsors and committees where the tough work gets done.”

But, there is still work to be done, says Julia Neighbors, JUSTGeorgia Project Manager at Voices for Georgia’s Children and a lead on the code rewrite.