Found 31 matches.
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Unsealed Fate: The Unintended Consequences of Inadequate Safeguarding of Juvenile Records in Maine
Tags: Maine | Aftercare/Reentry | Collateral Consequences | Crime Data and Statistics | Life Without Parole and Parole Issues | Status Offenses | Evidence-Based Practices | Research | Partner Publications
Research into the impact of juvenile records show authors conducted focus groups, interviews and surveys of youth and adults with juvenile records, family members, juvenile justice practitioners, and key stakeholders and found that individuals with juvenile records face barriers in applying for jobs and professional licenses, enrolling in the military, accessing housing and securing other financial supports.
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Charging Youth As Adults Is Ineffective, Bias-Fraught & Harmful
Tags: California | Brain and Adolescent Development | Collateral Consequences | Crime Data and Statistics | Detention | Racial and Ethnic Disparities | General System Reform | Juvenile Defense and Court Process | Mental Health and Substance Abuse | Positive Youth Development and Strengths-Based Programming | Risk Assessment and Screening | Youth in the Adult System | Victims | Evidence-Based Practices | Legislation | Reports | Research
Prop. 57 passed this past November, one section took away from prosecutors the power to cause a young person to be tried as an adult out, and gave the power back to judges. The report includes disproportionality of race and geography in adult sentencing.
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California Alliance for Youth and Community Justice---Three Years of Legislative Victories: 2014 - 2016
Tags: California | Collateral Consequences | Community-Based Alternatives and Supervision | Confidentiality | Crime Data and Statistics | Detention | General System Reform | Girls | Institutional Conditions | School-to-Prison Pipeline | Member Publications
Capsule summary of youth justice reform legislation NJJN member CAYCJ worked to pass 2014-2016.
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A stolen cellphone, then an odyssey through Maryland's juvenile justice system
Tags: Maryland | Aftercare/Reentry | Brain and Adolescent Development | Collateral Consequences | Community-Based Alternatives and Supervision | Detention | Family and Youth Involvement | Institutional Conditions | Juvenile Defense and Court Process | Mental Health and Substance Abuse | Prevention | Victims | Restorative Justice | Correctional Education | Media | Reports
A thirteen year old boy was with a group of boys who had stolen a cell phone. The counsellors and attorney argued that restorative action be administered as a best outcome. The Judge disagreed and ordered a 90 day term in a juvenile detention.
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Missouri dooms countless children to the school-to-prison pipeline
Tags: Missouri | Collateral Consequences | Detention | School-to-Prison Pipeline | Media | Reports
The school-to-prison pipeline is about to get worse. Missouri will soon charge students who get into fights with felonies. A Missouri state statute that goes into effect on Jan. 1 will no longer treat fights in schools or buses as a minor offense, regardless of a young person’s age or grade. Instead, School Resource Officers (SROs) and local law enforcement will now intervene by arresting and charging them with assault in the third degree — a Class E felony.
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Checklist for Safeguarding the Confidentiality of Youth in the Justice System - JLC and NJJN
Tags: National | Collateral Consequences | Juvenile Defense and Court Process | NJJN Publications
A checklist on confidentiality and expungement policy, created by Riya Shah of the Juvenile Law Center and Melissa Goemann of the National Juvenile Justice Network.
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Ohio Addresses Collateral Consequences for Youth, S.B. 337
Tags: Ohio | Collateral Consequences | Youth in the Adult System | Legislation
The Ohio General Assembly passed a bill focused on reducing collateral consequences for both adults and youth involved in the juvenile and adult criminal justice systems. For youth, the law expands eligibility and shortens the timeframe for the expungement of some youth’s juvenile court records, and creates a presumption that youth transferred to adult court be held in juvenile detention facilities instead of adult jails. The law also guarantees that youth who are confined pre-adjudication receive credit toward their sentences for time served in locked facilities. Unfortunately, the original law and subsequent amendments expanded the type of juvenile court records that can be released for certain criminal records checks. S.B. 337/Act No. 131, signed into law June 26, 2012; effective September 28, 2012.
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Washington Joint Legislative Task Force on Sealing Juvenile Records, Report, January 2012
Tags: Washington | Collateral Consequences | Confidentiality | Reports
2011 law established a joint legislative task force on sealing juvenile records, whose final report includes various proposals around record sealing along with cost estimates.
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Delaware Allows for Expungement of Juvenile Records, H.B. 177
Tags: Delaware | Collateral Consequences | Confidentiality | Legislation
Finding that “juvenile arrest records are a hindrance to a person’s present and future ability to obtain employment, obtain an education, or to obtain credit,” the Delaware General Assembly passed a law that requires juvenile arrest and delinquency records to be expunged in specific situations.
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Ohio Supreme Court Rules State’s Implementation of the Adam Walsh Act Cannot Be Applied Retroactively, State v. Williams, 129 Ohio St.3d 344 (2011)
Tags: Ohio | Collateral Consequences | Sex Offender Registries | Court Decisions and Related Documents
In July 2011, the Supreme Court of Ohio addressed S.B. 10 (the state’s attempt to comply with the federal Adam Walsh Act), finding that the registration duties imposed by S.B. 10 amount to punishment, and therefore cannot be constitutionally applied retroactively.
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Addressing the Collateral Consequences of Convictions for Young Offenders, Ashley Nellis, The Champion, National Association of Criminal Defense Lawyers
Tags: Collateral Consequences | Reports
Article recommending the following reforms to reduce the negative consequences of collateral sanctions for juveniles: reverse counterproductive school-based policies such as “zero tolerance” that disengage youth from school; ensure expungement of juvenile records; prohibit inclusion of juvenile records on national and state offender registries; restrict non-relevant conviction questions from employment applications; and revise and expand reentry services and supports for youth.
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North Carolina Provides for Expungement of Youthful Offender Criminal Records, S.B. 397
Tags: North Carolina | Collateral Consequences | Confidentiality | Youth in the Adult System | Legislation
North Carolina law now provides for expungement of criminal records for 16- and 17-year-olds charged as adults who are first-time offenders.
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Testimony of Texas Criminal Justice Coalition on H.B. 961, Restricting Access to Youth Records
Tags: Texas | Collateral Consequences | Confidentiality | Testimony
A Texas law makes all records or files related to a youth convicted of a fine-only misdemeanor (other than a traffic offense) confidential. Prior to the legislation, any youth convicted of a fine-only misdemeanor had to wait two years before his or her record was sealed; within the two-year window, a background check by a public entity would reveal the conviction.
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Texas Restricts Access to Youth Records, H.B. 961
Tags: Texas | Collateral Consequences | Confidentiality | Legislation
A Texas law makes all records or files related to a youth convicted of a fine-only misdemeanor (other than a traffic offense) confidential. Prior to the legislation, any youth convicted of a fine-only misdemeanor had to wait two years before his or her record was sealed; within the two-year window, a background check by a public entity would reveal the conviction.
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Ohio Supreme Court Protects Young Children Charged with Certain Sex Offenses, In re D.B., 129 Ohio St.3d 104 (2011)
Tags: Ohio | Collateral Consequences | Sex Offender Registries | Court Decisions and Related Documents
In June 2011, the Supreme Court of Ohio issued a decision protecting young children from certain sex offender laws. Ohio’s statutory rape law can no longer be applied to children under the age of 13 who engage in sexual conduct with other children under the age of 13.
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Oregon Alleviates Some Registration Requirements for Youth Convicted of Sex Offenses, S.B. 408
Tags: Oregon | Collateral Consequences | Sex Offender Registries | Legislation
The Oregon State Legislature modified the relief process for youth convicted of sex offenses and required to register as sex offenders. Under the law, youth adjudicated of misdemeanor offenses will no longer be required to register, and the Oregon State Police must remove within one year those youth previously required to register for misdemeanors. Additionally, the law allows youth adjudicated of a Class C felony to apply for removal from the registry within 30 days prior to the case’s closure in juvenile court. Lastly, for youth convicted of Class A or Class B felonies, the law reduces the waiting period to apply for removal from the registry from three years to two years.
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Washington Eliminates Duty to Register for Certain Individuals, S.B. 5204
Tags: Washington | Collateral Consequences | Sex Offender Registries | Legislation
Five years after their release from confinement, individuals in Washington convicted of a Class A felony sex or kidnapping offense at the age of 15 or older no longer have to register as sex offenders. Similarly situated individuals who were 14 years old or younger at the time of the offense, or individuals convicted of a non-Class A sex or kidnapping offense, may petition the court to be relieved of the duty to register two years after their release from confinement. The legislation also creates a uniform burden of proof for individuals who petition the court for relief from the duty to register as sex offenders for offenses committed as juveniles, and allows authorities to seal most juvenile sex offense records when the convicted individual has been relieved of the duty to register and complied with all other statutory requirements.
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Washington Youth May Petition Courts to Seal Certain Records; Legislature Protects Youth from Consumer Reporting, H.B. 1793
Tags: Washington | Collateral Consequences | Confidentiality | Legislation
Washington State juvenile courts may seal the records of youth who committed Class A felonies and sex offenses. The law also states that if a youth receives a full and unconditional pardon, the proceedings in the matter upon which the pardon was granted must be treated as if they never occurred, and the youth may reply accordingly to any inquiry; all court and law enforcement records must be destroyed within 30 days. Lastly—addressing a practice that keeps many formerly system-involved youth from achieving their career goals—law now prohibits any consumer reporting agency from including in a consumer report the subject’s juvenile records if he or she is 21 years of age or older at the time of the report.
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Michigan Removes Certain Youth from Sex Offender Registries, S.B. 188
Tags: Michigan | Collateral Consequences | Sex Offender Registries | Legislation
Michigan law removes all individuals from sex offender registries who were under the age of 14 at the time of their offenses. Additionally, those individuals who were 14 or 15 years old at the time of the offense will be moved to the private law enforcement registry for the duration of their mandated registration. Previously, youth ages 15 and younger were placed on the law enforcement-only registry, but then added, with limited exceptions, to the public registry when they turned 18, despite the fact that their offenses took place when they were underage. Youth charged with "age-only consensual" acts -- in which there is no more than four years of age difference between the victim and the accused, and which involve a consenting victim -- will no longer have to register. Lastly, existing age-only consensual registrants will have the opportunity to petition for removal from the registry.
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Michigan Removes Certain Youth from Sex Offender Registries, S.B. 189
Tags: Michigan | Collateral Consequences | Sex Offender Registries | Legislation
Michigan law removes all individuals from sex offender registries who were under the age of 14 at the time of their offenses. Additionally, those individuals who were 14 or 15 years old at the time of the offense will be moved to the private law enforcement registry for the duration of their mandated registration. Previously, youth ages 15 and younger were placed on the law enforcement-only registry, but then added, with limited exceptions, to the public registry when they turned 18, despite the fact that their offenses took place when they were underage. Youth charged with “age-only consensual” acts—in which there is no more than four years of age difference between the victim and the accused, and which involve a consenting victim—will no longer have to register. Lastly, existing age-only consensual registrants will have the opportunity to petition for removal from the registry.
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Ohio Supreme Court Finds State’s Implementation of the Adam Walsh Act Unconstitutional, State v. Bodyke, 126 Ohio St.3d 266 (2010)
Tags: Ohio | Collateral Consequences | Sex Offender Registries | Court Decisions and Related Documents
In June 2010, the Supreme Court of Ohio declared that the retroactive reclassification of sex offenders under Ohio’s S.B. 10 (the state’s attempt to comply with the federal Adam Walsh Act) is an unconstitutional violation of separation of powers, when the registrant (adult or juvenile) had previously been classified by a court order.
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Collateral Consequences Checklist
Tags: Pennsylvania | Collateral Consequences | Reports
The Pennsylvania Juvenile Defenders Association, in collaboration with Models for Change, published a Collateral Consequences Checklist. The Checklist is intended to provide attorneys, judges, and others who work with youth a summary of the short- and long-term consequences of juvenile adjudications of delinquency.
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Washington Establishes Task Force on Sealing Juvenile Records, S.B. 6561
Tags: Washington | Collateral Consequences | Confidentiality | Legislation
Law establishes a joint legislative task force on sealing juvenile records, whose final report includes various proposals around record sealing along with cost estimates.
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Retroactive Application of SORNA Unconstitutional, U.S. v. Juvenile Male, No. 07-30290, September 10, 2009
Tags: Federal | Collateral Consequences | Sex Offender Registries | Court Decisions and Related Documents
In September 2009, a panel of the federal Ninth Circuit Court of Appeals ruled that that the retroactive application of the Sex Offender Registration and Notification Act’s (SORNA) provisions for former youth offenders is punitive and in violation of the Ex Post Facto Clause of the U.S. Constitution. The court found that the registration and reporting requirements would affect many adults who were sentenced for sex offenses many years ago when they were youth, and that the requirements threaten “to disrupt the stability of [individuals’] lives and to ostracize them from their communities by drawing attention to decades-old sex offenses committed as juveniles that have, until now, remained sealed.” The court referred to the “pervasive and severe” disadvantages of mandatory registration and the historic confidentiality of juvenile proceedings in its reasoning.
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Illinois Prohibits Sending Juvenile Arrest Records to Federal Bureau of Investigation, S.B. 1030
Tags: Illinois | Collateral Consequences | Confidentiality | Legislation
An Illinois law prohibits the transfer of confidential juvenile arrest records from the Department of State Police to the Federal Bureau of Investigation, to further prevent the unnecessary release of confidential juvenile data. The law also improves the process for juveniles with arrests for misdemeanor offenses to clear their records.
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Texas Youth May Have Records Sealed Immediately After Successful Completion of Drug Court Program, H.B. 2386
Tags: Texas | Collateral Consequences | Confidentiality | Legislation
Texas juvenile courts may seal the record of an eligible youth immediately after he or she successfully completes a drug court program.
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Maryland Youth Gain Opportunity for Record Expungement, H.B. 1227
Tags: Maryland | Collateral Consequences | Confidentiality | Legislation
Youth in Maryland may petition for the expungement from the criminal system of an adult charge upon transfer of the case back to the jurisdiction of the juvenile court.
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Washington Courts Must Seal Records of Youth Who Have Successfully Completed Deferred Disposition, H.B. 1954
Tags: Washington | Collateral Consequences | Confidentiality | Legislation
Washington courts are now required, within 30 days after a youth’s 18th birthday, to seal a youth’s records of deferred disposition, provided that the youth does not have any pending charges.
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Washington Individuals with Youth Adjudications for Sex Offenses Must Be Notified of Right to Removal from Registries, S.B. 5326
Tags: Washington | Collateral Consequences | Sex Offender Registries | Legislation
The Washington State Patrol must provide notice to individuals registered for a sex offense or kidnapping offense committed when they were juveniles of the ability to petition for relief from the duty to register. The notice must be provided at least annually.
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Know Your Rights: Understanding Juvenile and Criminal Records and Their Impact on Employment in New York State, Legal Action Center and National HIRE Network
Tags: New York | Collateral Consequences | Reports
Guidelines detailing how recently released youth can successfully enter and remain in the workforce in the state of New York.
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The Mark of a Criminal Record, Devah Pager, American Journal of Sociology
Tags: Collateral Consequences | Youth in the Adult System | Research
Study focusing on the consequences of incarceration for the employment outcomes of black and white job seekers. The study adopts an experimental audit approach—in which matched pairs of individuals applied for real entry-level jobs—to formally test the degree to which a criminal record affects subsequent employment opportunities. The findings of this study reveal an important, and much under-recognized, mechanism of stratification.