State officials weigh massive changes in juvenile justice system

In what would be a seismic shift in how Connecticut deals with children who run afoul of the law, lawmakers and officials spearheading juvenile justice reform will consider the creation of a new state agency solely for minors in the criminal justice system.

The potential restructuring is in the earliest stages of study but, as conceived, the plan would create a new entity to handle minors accused and convicted of crimes in both the juvenile and adult courts.

Connecticut’s current system for handling juvenile justice cases is bifurcated and in need of reform, officials acknowledge. Those juveniles charged with crimes serious enough to be sent to the adult courts are under the care of the state Department of Correction and held in either Manson Youth or York Correctional Institution. Those whose cases stay in the juvenile courts are overseen by the Judicial Branch, and are held in either the Hartford or Bridgeport juvenile detention centers or receive treatment in the community.

The proposal under consideration by the Juvenile Justice Policy and Oversight Committee would put all of those children under the purview of a new, standalone state agency, an approach taken by a majority of other states. Members of JJPOC will hear a presentation detailing the proposal at their Thursday meeting.

“We are very interested in system design and system reform that will align our state practices with what works for kids, and what they need,” said Sarah Eagan, the state’s child advocate and a member of JJPOC. “Kids who are high risk and high need are still kids.”

JJPOC members are required by statute to review other states’ methods for transferring juveniles to the adult criminal justice system, and how that transfer impacts public safety and affects changes in minors’ behavior. They must submit a report to lawmakers by Jan. 1, 2020 that lays out a plan to implement the changes by July 1, 2021.

The number of children in Department of Correction prisons has fallen in recent years for a variety of reasons, including a lower crime rate and a slew of legislative reforms. There were 54 youths at Manson Youth and York Correctional institutions as of Nov. 1. It is not uncommon for the majority of children at Manson to be held there before they have been sentenced for their alleged crimes.

The state agency being considered by JJPOC would serve far more juveniles than those currently in the adult system. It would also manage a continuum of outofhome placements for all youth under age 18 and oversee the detention of preadjudicated minors, transferring some duties from the Judicial Branch to the new Executive Branch agency.

The recommendation to create a new state agency comes from the Washington, D.C.based Center for Children’s Law and Policy, which was hired by JJPOC to both review other states’ policies and suggest how Connecticut could improve its treatment of minors in the adult system. CCLP has already presented a preliminary version of the plan to JJPOC’s executive committee; it will be presented to the full committee at its Nov. 21 meeting.

Marc Pelka, Gov. Ned Lamont’s undersecretary of criminal justice policy and planning, said he has not yet spoken to the governor about the proposal, noting that stakeholders only found out about the recommendation earlier this month and that further analyses is needed.

“This is a crucial issue to examine, and it warrants detailed discussion and analysis,” said Pelka.

Like Pelka, top officials with the judicial and correction departments who are also members of JJPOC, said they are not yet ready to take a position on the recommendation.

“This is an important topic that deserves a thorough assessment before any decisions are made,” said DOC Commissioner Rollin Cook said. “One thing you can’t do is rush this. Significant policy changes are only successful when you apply realistic time frames with a practical approach related to budget implications.”

Court Support Services Division Executive Director Gary Roberge, whose office oversees the juvenile detention centers, said his team is still analyzing the proposals. Although they will take a position eventually, he said, ultimately it’s not their decision.

“It’s going to be up to the General Assembly,” Roberge said. “They’re the decisionmakers. We don’t recommend policy. We implement policy that comes from the General Assembly.”

The Center for Children’s Law and Policy proposed four options to the juvenile justice committee, but recommended only one.

Following CCLP’s recommended path could prove to be a heavy lift. The state would have to both create a new executive branch agency and transfer responsibilities for juveniles currently undertaken by DOC and the Judicial Branch. It’s also unclear how private community placements for juveniles currently being sought by the Judicial Branch would be affected by the creation of such an agency. Finally, and perhaps most importantly, an analysis of what this would cost taxpayers has not yet been undertaken.

The new agency would assume responsibility for the 144 children under the Judicial Branch’s care as of Nov. 12, as well as the 54 youths at Manson and York.

“It’s a relatively small number of kids but at the end of the day no matter who oversees it, we don’t have the placement resources right now,” said Susan Hamilton, the director of delinquency defense and child protection for the Division of Public Defender Services. “Those would need to be developed.”