By Pat Culverhouse
In June 2016, the Louisiana Legislature passed Senate Bill 324, referred to as the “Raise the Age” law which treated 17-year-old suspects accused of violent crimes as juveniles in the criminal justice system.
During Gov. Jeff Landry’s recent special session on crime, legislators reversed course by overwhelmingly passing Senate Bill 3 (74-26), returning 17-year-olds to adult status in the system.
Across the state, many officials saw the action as a realization that the juvenile justice system is stymied by two critical problems: rising juvenile crime rates and no money for incarceration spaces. Juvenile crime will still be a problem, but Minden’s Chief of Police Jared McIver believes the legislature’s action is a step in the right direction.
“I’m happy, the court is happy,” McIver said, speaking on the return of 17-year-olds to the adult criminal system. “The governor and legislature realized we were in a bind. When they passed the previous legislation, I think they had good intentions. But when they added 17s to the mix, there was no thought to funding or housing.”
McIver said juvenile crime is skyrocketing, and there are limited repercussions for the youthful offenders.
“It’s like a revolving door. We bring them in, they go right back out. It can be discouraging,” he said. “And when 17-year-olds were legally juveniles, it just meant another age group added to a system already overloaded, overcrowded and underfunded.”
McIver said the difference between 17- and 18-year-olds isn’t enough to affect the justice system.
“A lot of 17-year-olds are committing crimes that need to be punishable by prison sentences…major crimes like assault, murder, rape, armed robbery,” he said. “Often, the public perception is that police, judges and prosecutors aren’t doing their job. But in the juvenile system, they’re often returned to the custody of parents or guardians.”
In the adult justice system, there is often recourse for recovering some percentage of expenses from the criminal acts. That isn’t the case for juveniles, McIver said.
“You have to have revenue from some source,” he said. “Adults can be fined or adjudicated to pay restitution for damages or recovery of property. With juveniles, there’s no recourse for financial recovery. There’s no money set aside when we’re dealing with juveniles.”
Now that the legislature has changed the status of 17-year-olds, McIver believes there’s another area that needs to be addressed. Guards and staff at juvenile detention centers need to be allowed more flexibility to maintain discipline.
“Staffing at these centers is a problem. There are strict rules covering what guards can and cannot do. Use of force to maintain discipline is not allowed, and that leads to guards having juveniles spit on them, curse them, throw bodily fluids on them, hit and kick them. Guards can’t use pepper spray or physical force. Who would want to work under those conditions?” he said.
Legislators should address those concerns, McIver said, but there should also be provisions made for proper training available to juvenile detention officers.
“Juvenile detention officers should be trained as well as any other law enforcement officer,” he said. “There’s a difference in handling a young offender, even if that offender is prone to violence. These officers need extensive training and they deserve that training.”
McIver has a suggestion for those who have been responsible for setting such strict, often restrictive, standards for dealing with incarcerated juvenile criminals.
“Take some time and work as a guard in a juvenile facility. Show us how it’s done…how to deal with the lack of respect, the violence where your only tools are reason, patience and a degree in psychology,” he said.
McIver said he recalls dealing with the single mother of a 17-year-old who found herself with no recourse while he was being treated as a juvenile in the eyes of the law.
“This lady was working two jobs to support them, while her son had chosen a life of crime. She told me he invited criminals into her home, stayed out all night. He knew he could stay at home until he was 18 and there was nothing she could do,” he said.
“She said she was afraid she would be held responsible for his actions as long as he was considered a juvenile. I truly felt bad for her because if we picked him up, he’d be returned to her custody. The only tools we had were to arrest him. Now, that 17-year-old can face adult consequences and that mother might find some peace and stability,” McIver said.