Albuquerque Journal
SANTA FE, N.M. — Santa Fe police Capt. Gary Johnson calls the current juvenile justice system “a catchand-release program.”
Bernalillo County Sheriff Darren White calls it the “hug-a-thug” approach.
The target of their comments: procedures used by the Children, Youth and Families Department to determine whether juveniles picked up for nonviolent crimes such as residential burglary should be jailed pending further proceedings.
CYFD says each juvenile is carefully evaluated using a point system. It often comes up with a different answer than the one suggested by arresting officers.
Statistics provided to the Journal by CYFD show that 60 percent of the juvenile lawbreakers Santa Fe law enforcement officials think should be locked up are allowed back on Santa Fe-area streets without ever being booked into jail.
A series of burglary cases with teen defendants in Santa Fe has put a new spotlight on the issue, one that has led to prickly relations between cops and CYFD. “I don’t care what the experts say; going to jail is a deterrent,” Johnson said. I n ma ny c ases, t hat isn’t happening. According to CYFD statistics for the current state fiscal year, 134 juveniles in Santa Fe County were approved for detention by juvenile probation officers from July 2008 through April 15 - 40 percent of the 333 youths cops arrested and recommended be jailed pending court appearances.
For the full 12 months of the 2007-08 budget year, law enforcement recommended jail for 321 youths picked up in Santa Fe County. CYFD followed the recommendation for 130 young suspects - the same 40 percent rate for detentions as the current year.
CYFD is holding a series of meetings statewide seeking input on “possible modifications” to the system CYFD uses to determine whether youths are jailed after arrest.
The next hearing is at 2 p.m. Friday at the PERA Building in Santa Fe.
One issue is CYFD’s “Risk Assessment Instrument” - the tool the department’s Juvenile, Probation and Parole officers use to help determine detention for a delinquent offender. State law requires CYFD to periodically evaluate that tool, part of the state Children’s Code since 1997.
“The current numbers show we’re at an increase (over) last year at this time,” said Juvenile Probation and Parole Deputy Director Ted Lovato of juvenile crime referrals. “There’s been some concerns voiced by (law enforcement) both anecdotally and factually regarding juvenile detentions. Friday’s meeting will give insight on why this might be the case and how we can better address everyone’s concerns.”
Law enforcement disenchantment with the system isn’t restricted to Santa Fe County.
“We know what they’re capable of on the streets,” White said of some offenders. “It’s really frustrating. Every offender is different. Some are more amenable to the more lenient conditions; others are not.”
Despite CYFD’s assertion that it considers each youth as an individual, White contends it uses a “one-size-fitsall” approach, treating violent youths the same as those who are nonviolent.
“They are putting the safety of their staff and the community in jeopardy,” he said.
Juvenile Probation and Parole officers have the final say in whether a juvenile is jailed after he or she is arrested - unless there is an arrest warrant for the suspect, which means automatic detention.
“I really feel we’re sending the wrong message not putting them in jail,” Santa Fe County Sheriff Greg Solano said of many young offenders.
“I think the word has gotten out to kids that you will not pay a price and they will be released to their parents. It’s given kids bravado to do these things. The fear I had as a kid that I had regarding detention just isn’t there anymore.”
But CYFD officials say that just because a kid doesn’t go to jail immediately doesn’t mean he or she isn’t facing consequences.
“Detention is just one small part of it,” Lovato said. “That’s not the end of their consequences. There’s going before a judge, probation, restitution.”
Different standard
Detention for juveniles is determined differently than for adults. After a juvenile is taken into custody, the police officer contacts a CYFD juvenile probation officer, who determines whether to jail the youth.
The probation officer contacts a CYFD call center in Albuquerque to calculate a score based on the information the officer provides, as well any records CYFD may already have on the juvenile.
That score comes from a point system that is weighted by the severity of the crime, along with both aggravating and mitigating factors. Points could be subtracted, for instance, if the teen has a job, a good school record or no criminal record.
Violent crimes generally lead to detention, but a juvenile could remain free after being charged with other serious offenses, such as burglary or DWI.
“No juvenile gets booked on a DWI unless there is serious bodily injury or death,” Solano said. “There have been no juvenile incarcerations for DWI in two years. I really feel it’s a matter of us sending the wrong message.”
Santa Fe police Capt. Johnson said his department is often frustrated when a kid breaks into someone’s home but isn’t jailed. “All the property stolen by these kids fuels drug sales,” Johnson said. “Which puts more money into the hands of drug dealers and keeps them in business.”
Lovato responded, “We completely understand where they’re coming from. But we recognize that law enforcement is our partner in this business and we need to work as a team and hopefully work toward the same goals.”
Lovato said juveniles don’t have the same rights as adults once jailed - such as being allowed to post bond to get out pending a court appearance - so state law compels greater protections.
Police acknowledge that communication could be improved on all sides.
“We all can do a little bit better,” Johnson said. “But I have to say that (probation officers) have all the facts known to police at that time.
“We’re not trying to throw them under the bus. We just want a better understanding and be on the same page when it comes to incarceration. I just don’t think it’s a good point system.”
Copyright 2009 Albuquerque Journal