STATEHOUSE (Jan. 19, 2022) – The House Courts and Criminal Code Committee voted unanimously today to advance legislation authored by State Rep. Wendy McNamara (R-Evansville) to reduce recidivism rates among nonviolent youth offenders.
According to a 2021 Indiana Youth Institute report, Indiana ranks seventh-highest in the nation for the number of youth per capita in the juvenile justice system. Nearly a third of juvenile offenders will be arrested for another crime within three years, according to the report.
“Juvenile offenders – some as young as six years old – are sometimes detained for long periods of time for minor offenses, like truancy,” McNamara said. “A new risk and needs assessment tool would help judges determine which offenders pose a risk to the community, while better identifying needed social services and mental health resources. This will help keep our communities safe while reducing a child’s risk of returning to the criminal justice system.”
McNamara, chair of the committee, said her legislation would help nonviolent youth offenders receive counseling for mental health and behavioral issues rather than being incarcerated or placed in detention. A Council of State Governments report shows youth who participate in diversion programs or counseling are 40% less likely to reoffend.
If passed into law, juvenile offenders would be screened and evaluated to see if they pose a danger to the community. Children younger than 12 years old would not be detained unless it is essential for a community’s safety and no reasonable alternative exists. Judges would still have discretion when deciding if an offender presents a flight risk or danger.
McNamara said juvenile offenders often face mental health and substance abuse issues, abandonment, homelessness and trauma. According to the IYI 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.
A new juvenile justice oversight body, established by this legislation, would create the screening tool for young offenders and develop a statewide grant program to support juvenile justice initiatives focused on pre-trial diversion and behavioral health needs. A CSG report shows that for every dollar spent on juvenile diversion programs, it saves $11 in taxpayer money spent on incarcerating youth.
House Bill 1359 now moves to the full House for consideration.
