By John Finnerty

CapitolWire

The state House has sent to the Senate a pair of juvenile justice reform bills inspired by a 2021 statewide task force report with almost three dozen recommendations for legislative changes.

Only two of those changes have been enacted. The House this week would double the tally.

The report found that the juvenile justice system relies too heavily on out-of-home placements for juveniles in custody when less costly and more effective alternatives are available.

The task force estimated that if lawmakers implemented the group’s recommendations, it would cut the number of juveniles in out-of-home placements by 39% and save taxpayers $81 million over five years.

House Bill 1577 would require the Department of Human Services to establish stricter protocols for the use of restraints on juveniles in custody. The legislation indicates that restraints should “only be used as measures of last resort to protect a child from behavior that poses a serious and immediate risk of physical harm to self or others.”

Under House Bill 1576, the Department of Human Services would be required to establish a cost-sharing program to help counties pay for legal representation for juveniles in detention facilities.

The legislation would allow counties to seek reimbursement for 50% of the cost of legal representation for juvenile detainees.

A fiscal note completed by the House Appropriations Committee estimated the legislation would cost the state almost $1 million.

“We have to remember juveniles are children. They’re still learning. They’re not prisoners. They’re people who need guidance. And often when they are going into a juvenile detention facility, they’re treated like prisoners,” Rep. Melissa Shusterman, D-Chester, said before a Children and Youth Services Committee vote on the bills. “These juvenile detention centers need to help these children get back to society, not punishing them over and over.”

Enacted reforms

Lawmakers passed two juvenile justice reform bills last year.

Act 107 requires that courts hold a review hearing at least every three months to make sure juveniles in out-of-home detention are getting appropriate care and are returned home in an appropriate time frame.

Act 108 created an expungement process for juvenile delinquency cases. Both measures took effect in April.