STATEHOUSE (Jan. 26, 2022) – After Tuesday’s unanimous vote by the Indiana House of Representatives, State Rep. Wendy McNamara’s (R-Evansville) legislation to curb recidivism rates among youth offenders now heads to the Senate for consideration.
With McNamara’s legislation, nonviolent youth offenders would receive counseling for mental health and behavioral issues rather than being incarcerated or placed in detention.
“We should be focusing our resources on youth who’ve committed serious crimes rather than spend time and money detaining nonviolent, low-level offenders,” McNamara said. “Multiple studies show youth who participate in diversion programs are considerably less likely to be arrested again compared to those who are incarcerated. This legislation will help keep our communities safe while reducing a child’s risk of returning to the criminal justice system.”
According to McNamara, chair of the House Courts and Criminal Code Committee, her legislation would ensure children younger than 12 years old would no longer be detained unless it is essential for a community’s safety and no reasonable alternative exists. Judges would have discretion to decide if an offender presents a flight risk or danger, and they would be screened and evaluated to see if they pose a danger to the community. The screening tool would be developed by a newly formed juvenile justice oversight body that would also develop a statewide grant program to support juvenile justice initiatives focused on pre-trial diversion and behavioral health needs.
“Many communities don’t have the same resources when it comes to helping at-risk youth, and a child’s outcome shouldn’t be determined by their geography,” McNamara said. “This statewide grant program can help reshape our juvenile justice system and help more Hoosier youth learn tools to be successful.”
According to an Indiana Youth Institute report, 70 percent of all juvenile offenders suffer from some kind of mental illness, and children who experience abuse and neglect are 55% more likely to be arrested and 96% more likely to commit a violent crime.
