Lawmakers focus on juvenile justice reform

Bills moving through the state Legislature would address constitutional rights and adjust sentencing rules for juveniles.

“In every aspect of society, we treat children differently — except when they commit a crime,” James Dold, president and founder of Human Rights for Kids, said last week at a news conference on juvenile justice bills pending before the Hawaii Legislature. “At that point, we discard the fact that they are children, and (they) are easily disposable into the criminal justice system, where we don’t really care what happens to them.”

Dold noted special considerations for minors in other areas, such as the minimum legal age for voting, marriage and joining the military.

House Bill 217 would require minors in custody under the age of 15 to have legal counsel before waiving Miranda rights, while House Bill 218 would allow judges to consider sentences that are up to half of the mandatory minimums for non-violent offenses.

“We have a criminal justice system that has disregarded child status,” Rep. John Mizuno, (D, Kalihi­-Palama), who introduced both bills, said Wednesday at a press conference. “They’ve treated our children the same as they’ve treated adults, and that’s not right.”

Dold said it’s possible for juveniles who don’t understand the criminal justice system to get longer sentences than adults for the same crime. One example of how that can happen, he said, is that juveniles are susceptible to harsh interrogation by police officers that can lead to false confession — an issue addressed in HB 217.

A University of Michigan National Registry of Exonerations review showed 36% of the minors it examined were exonerated of a crime they falsely confessed to. That number jumped to over 60% for minors who were 15 years old and younger.

“Before (a minor) can waive his Miranda rights, he would have to talk with his parents or with a lawyer,” Dold said.

HB 218 would mean juveniles spend less time in jails and prisons, where they would be exposed to other inmates.

“You don’t want these people in prison with hardened criminals who are going to be their role models,” said Sen. Karl Rhoads (D, Kalihi-­Palama-Chinatown).

Dold said that minors who commit crimes are often victims of childhood trauma.

About 90% of children in the criminal justice system have been abused or have witnessed abuse, according to Human Rights for Kids, a Washington-based nonprofit. They are also at higher risk of failing to graduate high school, being unemployed, having chronic health conditions and suffering from drug abuse.

An estimated 200,000 children in the country are tried as adults in criminal courts every year, and 10,000 are in adult jails and prisons at any point.

Minors are also more at risk to threats all inmates face. They are five times more likely to be sexually assaulted while in an adult prison than those in a juvenile facility, and 36 times more likely to commit suicide, according to the Equal Justice Initiative.

“Based on what we know about kids, based on the juvenile brain of behavioral science and their potential for rehabilitation, what should be the focus of the criminal justice system? Our position is that the focus should almost always be on rehabilitation and successful reintegration of these children back into society,” Dold said.

The bills are also aimed at minors who are tried as adults in Hawaii, where a 14 year old can be tried as an adult if charged with a felony that results in serious bodily injury.

If HB 218 is passed Hawaii would be the second state to give judges broader discretion when it comes to mandatory minimums for juveniles; Nevada and Washington, D.C. have similar laws in place.

HB 217 and 218 were both amended in the Senate, meaning they are likely to go to conference for further consideration.