Megan Schrader
The Gazette
DENVER — Partially inspired by The Gazette’s investigation into the treatment of juveniles in state-run facilities, a bill headed to the governor’s desk would strictly limit when and for how long juveniles can be put in solitary confinement.
“We got some pretty compelling evidence, even from the state department, that in the past the department of youth corrections had not been following state law in terms of protections of people in solitary confinement,” said Sen. Kent Lambert, R-Colorado Springs.
Lambert, a sponsor of House Bill 1328, helped open records in 2015 that The Gazette used to investigate the conditions of juveniles behind bars.
In a special investigation that ran in October — Youth Lockups: Trouble Behind Bars — The Gazette found that juveniles were illegally put in solitary confinement as a form of punishment.
One juvenile spent 22 days alone in a cell under a program called a special management plan.
The Division of Youth Corrections, which is a part of the Department of Human Services, stopped using special management plans and dramatically changed its solitary confinement policy in October, just before “Youth Lockups” ran.
The Gazette reviewed more than 1,600 documents opened in 2015 by a new law from Lambert and Rep. Pete Lee, D-Colorado Springs. The investigation found widespread use of solitary confinement and the use of pressure points and knee strikes to gain compliance. A state law passed in 1999 prohibited the use of solitary confinement other than in the case of an emergency.
Lee and Lambert said while the new DYC policy was a step in the right direction, the history of the division made it clear that treatment of the youth could be subject to cultural and leadership changes and a new, stricter law was needed.
Denise Maes, public policy director for the American Civil Liberties Union of Colorado, applauded the House’s passage of the bill Monday.
“HB 1328 puts in place permanent guardrails and oversight measures to ensure that the Colorado Department of Youth Corrections never again resorts to using long-term solitary confinement to manage or punish children,” Maes said.
Gov. John Hickenlooper has said he would need to study the issue to understand the best practices for time in seclusion, but his office indicated Monday that the bill was “much improved.”
Juvenile corrections has been a major part of the Colorado General Assembly during the 2016 session. With three days remaining, lawmakers are trying to hash out details to a sensitive bill that responds to a U.S. Supreme Court ruling that it is cruel and unusual punishment to sentence juvenile offenders, even those tried as adults, to life without the possibility of parole.
“We have a more reasoned and enlightened view of juvenile justice. We’ve moved away from the “tough on crime” recognizing that it has failed and we are becoming smart on crime in recognition of adolescent brain development that tells us kids are different. They are impetuous as youths but mature and can become productive citizens despite ... very antisocial acts committed as children,” Lee said.
Lee has been an advocate for moving the state to a restorative justice system that matches offenders with victims, often before charges have been filed, to help prevent juveniles from entering the system or to help them take responsibility for their crimes after being sentenced.
Meanwhile, Senate Bill 181 passed the House on second reading Monday and seems likely to go to the governor. The bill would allow for juveniles to petition the court for re-sentencing and contemplates what the lower-limits of those new sentences could be.
It evoked emotional testimony from both the families of juveniles who have been incarcerated for the better part of their lives, at times for being accomplices to heinous crimes, as well as from those who lost loved ones to those crimes and fear the early release of those convicted felons.
Rep. Rhonda Fields got up and urged lawmakers not to “lose sight of the victims.”
Fields’ son and his fiance were killed in a shooting. Both the shooter and an accomplice are on death row.
“There’s no do-over on murder,” Fields said, reiterating that the victims felt badly treated during the process.
“They shared with me not knowing if there is any truth in justice, if there is any truth in sentencing,” Fields said. “This is not an easy thing to tolerate.”
Rep. Daniel Kagan, D-Cherry Hills Village, said between 1990 and 2006 48 juveniles were sentenced to life without parole. He said some were accomplices to crimes, some had gone years in prison without a single infraction and some had made amends with the families of their victims.
The bill passed Monday in the House on second reading and must pass on third reading before going back to the Senate for concurrence on amendments.
Copyright 2016 The Gazette