Youth life sentences are focus of new legislation

Westerman leads mercy effort

Frank E. Lockwood Arkansas Democrat-Gazette

WASHINGTON — U.S. Rep. Bruce Westerman introduced legislation Tuesday that would eliminate life sentences without the possibility of parole for federal crimes committed by youths.

Other decades-long sentences meted out to young offenders would also be eligible for review.

After serving 20 years, those who committed serious offenses as minors would be able to have their sentences reviewed. The legislation would authorize federal judges, in certain instances, to shorten lengthy sentences.

“This is, I think, a merciful bill in giving young people an opportunity for a second chance if they’ve been rehabilitated in the system,” Westerman said in an interview Tuesday.

Twenty states, including Arkansas, and the District of Columbia have already taken steps so that young offenders eventually will have their sentences reviewed by judges or a parole board, Westerman said.

“I think it’s the right thing to do,” the Republican from Hot Springs said.

The bill is co-sponsored by two Democratic congressman from Los Angeles — U.S. Reps. Tony Cardenas and Karen Bass — as well as U.S. Rep. Lynn Jenkins, R-Kan.

“It’s something that people can agree on regardless of party,” Westerman said.

In 2012, the U.S. Supreme Court ruled that automatic life sentences without the possibility of parole for young offenders constitute cruel and unusual punishment, a violation of the Eighth Amendment to the U.S. Constitution.

One of the cases the court reviewed involved Kuntrell Jackson, sentenced to life without the possibility of parole for his involvement, at age 14, in the robbery and murder of a video store clerk in Blytheville. His accomplice pulled the trigger.

The court noted that young brains are still developing, a fact that it said lowered a minor’s “moral culpability” and increased the chances of subsequent improvement.

In 2016, the high court decided that those already serving such sentences should be able to eventually seek release.

In 2017, Arkansas adopted Act 539, which makes young offenders eligible for parole consideration after serving 20-30 years of their sentences, depending on the severity of the crimes.

Westerman said he sought to model his bill on the Arkansas version, which passed in the House 86-1 and the Senate 28-0 before being signed into law by Gov. Asa Hutchinson.

If Westerman’s bill becomes law, it would apply retroactively.

Before reducing a sentence, courts would consider a variety of factors, including “the age of the defendant at the time of the offense,” his criminal history, the nature of the crime and the role he played in carrying it out.

Judges would examine whether the felon has shown “maturity, rehabilitation, and a fitness to reenter society sufficient to justify a sentence reduction.”

The views of U.S. attorneys, Bureau of Prisons officials, mental health experts and the victims or their families would also be considered.

Westerman said he opted for the 20-year review because it matches provisions contained in the Sentencing Reform and Corrections Act, which cleared the Senate Judiciary Committee earlier this year.

Jody Kent Lavy, executive director of the Campaign for the Fair Sentencing of Youth, praised Westerman for filing the bill.

“It’s an important measure. We are grateful for his leadership in introducing the bill along with several co-sponsors,” she said.

Juvenile offenders, she said, “are not simply little adults. They have unique characteristics as children and a unique capacity for growth and change.”

This type of legislation offers them a second chance, she added.