BLENDED SENTENCING. Regan Comis, M & R Strategic Services March 27, 2014
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1 BLENDED SENTENCING Regan Comis, M & R Strategic Services March 27, 2014
2 OVERVIEW Blended Sentencing Varieties History Minnesota Ohio New Mexico Conclusion
3 WHAT IS BLENDED SENTENCING? Blended sentencing laws may either provide juvenile courts with criminal sentencing options (juvenile blended sentencing) or allow criminal courts to impose juvenile dispositions (criminal blended sentencing). OJJDP "Juvenile Offenders and Victims: National Report Series", 2011
4 VARIETIES OF BLENDED SENTENCING USED ACROSS STATES Type Description Adopted By Juvenile-Exclusive Blend (1) The juvenile court imposes either juvenile (delinquency) or adult (criminal) sanctions. New Mexico Juvenile-Inclusive Blend (11) Juvenile-Contiguous Blend (4) Criminal-Exclusive Blend (10) Criminal-Inclusive Blend (7) The juvenile court imposes both the juvenile and adult sanctions, typically suspending the adult sanction The juvenile court imposes a juvenile sanction that would be in force beyond the age of its extended jurisdiction. At that point the juvenile court determines whether the remainder of the sanction should be served in adult criminal corrections system. The criminal court imposes either juvenile or criminal sanctions. The criminal court imposes both juvenile and criminal sanctions, typically suspending the criminal sanction. Illinois, Kansas, South Dakota, Minnesota, Alaska, Arkansas, Connecticut, Michigan, Montana, Vermont, Ohio Texas, Massachusetts, Rhode Island, South Carolina West Virginia, Colorado, California, Oklahoma, Wisconsin, New Mexico, Nebraska, Illinois, Kentucky, Massachusetts Florida, Arkansas, Michigan, Iowa, Massachusetts, Missouri,, Virginia, Idaho
5 HISTORY Emerged during a period in the late 1980 s to the 1990 s of increasingly violent juvenile crime. The desire to give courts greater flexibility in managing juvenile offenders Blended sentencing offers juvenile offenders a last chance within the juvenile system by providing an incentive to respond to treatment in order to avoid the consequences of an adult sentence.* *Redding, R. and Howell, J. (2000). Blended sentencing in American juvenile justice courts. The Chicago University Press.
6 CASE STUDY: MINNESOTA Pre Blended Sentencing Certifications 330 youth Juvenile-Inclusive Blended Sentencing st 3 years Blended Sentencing Certifications 323 Blended Sentence (EJJ ) 181 The Net-Widening, 1997 EJJ Probation revocation and adult sentence executed: 77% were probation violations 23% were new offenses Of the Probation Violations Judges Sentenced 43% sentenced to prison 50% sentenced to a jail or workhouse Marcy R. Podkopacz, Barry C.Feld, The Back Door to Prison: Waiver Reform, Blended Sentencing, and the Law of Uniteneded Consequences, 91 J. Crim. L. & Criminology 997 ( )
7 CASE STUDY: OHIO Juvenile-Inclusive Blended Sentencing Pre Blended Sentencing Certifications st 3 years of Blended Sentencing Certifications 164 Blended Sentence (SYO) 139 Data on race and transfer vs. blended sentencing Conventional juveniles SYO Transfer White 38% 35% 19% Minorities 20% 34% 36% Fred L. Cheesman II, Nicole L. Waters and Hunter Hurst IV, Who Gets a Second Chance? An Investigation of Ohio's Blended Juvenile Sentence, Journal of Helath and Human Services, pp , 2010.
8 CASE STUDY: NEW MEXICO Criminal-Exclusive Blended Sentencing Youthful Offender Convictions 104 Convictions 53 received criminal sanctions 51 received juvenile sanctions An offender s chances of receiving a 9-year or longer prison sentence were greater in the rural district than in the other two districts. Torbet, Patricia, et al Juveniles Facing Criminal Sanctions: Three States That Changed the Rules. Washington, DC: U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Deliquency Prevention.
9 CONCLUSION Juvenile Blended Sentencing Greater overall risk of the juvenile offenders being sanctioned as adults Criminal Blended Sentencing Can serve as a partial fail-safe mechanism ensuring juveniles prosecuted as adults are given some chance to show that they belong in the juvenile system. CONTACT: REGAN COMIS regancomis@keithleepublicaffairs.com
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