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Indiana juvenile justice bill first in nation

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In what started at a summit hosted by the Indiana State Bar Association in August, House Enrolled Act 1193, which authorizes a work study commission to consider various juvenile justice issues in Indiana, was signed by the governor March 17.

The commission will be made up of representatives of various people who oversee the juvenile justice system, as well as stakeholders who regularly work with children in and out of the classroom. Starting in July, the yet-to-be appointed commission members will begin meeting on a monthly basis to discuss best practices for handling juvenile justice matters, including what is happening in Indiana and in other states.

Rep. Linda Lawson, D-Hammond, who authored the bill, said she was pleased even though original language about mandatory training for police officers who deal with juveniles on a regular basis was deleted before it passed out of the Senate Judiciary Committee. That committee stated fiscal reasons for cutting the training portion from the bill.

Lawson, herself a retired police officer, said training could still be implemented at a later date, or the commission could recommend training based on their findings.

She added that according to a recent study by the Pew Center on the States, released March 17, Indiana had the highest percentage increase of people in prison from 2008 to 2009. She said the study by a non-partisan group affirmed what the bill was all about, which is the need for the various stakeholders in Indiana's justice system to think about what these statistics mean. That includes how those statistics relate to the juvenile justice system's statistics, which the Pew Center included in its research.

"Without being nudged or told, we already knew we needed to do something about kids being detained and arrested for unnecessary reasons," Lawson said. "I look forward to seeing the work group get started, and I'm anxious to see the end result."

JauNae Hanger, a civil rights attorney in Indianapolis who helped organize the summit, and Judge Steven Teske, a juvenile judge in Clayton County, Ga., who spoke at the ISBA's conference and testified before the Senate and House judiciary committees in support of the bill, agreed.

"Just because training was cut out for economic reasons, remember this is a commission to study and make recommendations," Judge Teske said. "As revenues come back and increase, the group can make the recommendation to have training."

Hanger added that the commission will also be inclusive to "a broad, diverse group of stakeholders" including mental health professionals, social workers, educators, police officers, judges, and attorneys who will all be able to voice their opinions.

"Given the fact the issue of zero tolerance has hit the national scene in the news and has been getting a lot of attention, and with this type of statewide legislation studying zero tolerance in order to make statewide changes, it is my opinion that Indiana will become a trendsetter," he said.

He added it has already happened in Georgia.

On March 18, the Georgia State Senate unanimously passed a bill regarding zero tolerance. Sen. Emanuel Jones, who authored that legislation, is a Democrat in a state where both houses have Republican majorities.

However, Judge Teske said Republican senators were among those who asked if that bill went far enough when discussing it before the Senate Education and Youth Committee.

As a result of those questions, Judge Teske told the committee he and Jones would work together over the summer on more comprehensive legislation to draw up and submit for the 2011 session.

"These senators are familiar with what Indiana is doing and that was the impetus to start looking at this one piece of legislation to say, 'Is this enough? Should we not be doing more, like Indiana?'" he said.

Russell Skiba, who testified on behalf of the bill as a national expert on zero tolerance policies and professor in counseling and educational psychology at Indiana University - Bloomington, also praised the bill.

"Schools and school districts and states around the country are looking for guidance on how to get a handle on some of these issues," he said. "This bill puts Indiana at the forefront of defining these issues."

Matthew C. Aalsma, professor of pediatrics and psychology at Indiana University School of Medicine, who testified on behalf of the bill, said via e-mail, "The goal of these efforts, from my perspective, is to divert more low-risk/mentally ill youth away from the juvenile justice and detention setting to allow for treatment and other protective factors to develop. Diversion is more possible when school police officials receive training in de-escalation of youth with mental illness/special education needs."

Dr. Margaret J. Blythe, who works with Aalsma at the medical school and at the Marion County Juvenile Detention Center, added via e-mail that she was pleased the bill promoted the commission, but added she was "disappointed" the bill didn't include training requirements. However, because "virtually all law enforcement agencies had representatives that testified in favor of the bill" she said this was a sign of "a community awareness and need to address these issues."

Judge Teske said he was impressed with the involvement of the ISBA on the conference and resulting legislation.

"I don't know that I know of too many state bars that have gotten this active in addressing something as significant and comprehensive as this," he said.

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  1. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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