The consensus juvenile justice bills moving through the legislature, while helpful, don't address the core need for 'direct filing' reform, the Senate Judiciary Committee heard Monday.
Although four juvenile justice reform bills are primed to move forward in the Pennsylvania Senate, it would appear that the heaviest of lifting on the effort is yet to be done.
Following Monday’s hearing, criminal justice reform advocates rallied on the steps of the Capitol to demand action that would exceed the scope of the bills under consideration. This would include the restriction or elimination of so-called “direct file” or “statutory exclusion” laws, which give district attorneys the statutory power to prosecute juveniles in adult court right off the bat for certain offenses.
When asked by Martin if such a special committee on the direct file issue would be appropriate, most panelists agreed – although it was suggested that district attorneys would be less enthusiastic about major changes given that the current setup puts more burden on the defense. SB 1228 would require such program placements to be reviewed at three months, instead of six, pointing to evidence that longer placements are often unnecessary.
Even still, Welsh said, “future legislation will be necessary to achieve all that the juvenile justice recommendations lay out,” particularly with regard to the direct filing issue. But while such a case is being adjudicated, juvenile offenders can find themselves held in adult jails, an often traumatic experience that is “the system itself creating a greater risk to public safety” rather than enhancing it, Welsh said.
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