In 2006 the Virginia General Assembly ordered the Crime Commission to study our Juvenile Justice system and look for emerging problems and possible solutions.

2009 has arrived and with it the findings of the study. The results suggest that the Commonwealth is doing a number of good things to prevent juvenile crime and reduce recidivism. 12 years ago the legislature modified Virginia's system and since that time juvenile crime has dropped 34%.  Is this significant drop entirely the result of good lawmaking? Probably not. Outside social, economic and national trends played their part in lowering crime rates among juveniles. But for the sake of argument lets assume that the Virginia legislature's changes did substantially help reduce juvenile crime rates.

The crime commission report tells us that while recidivism rates among almost all groups of juveniles are decreasing, one group is substantially increasing. One group's chances of committing another crime greatly increase and they are far more likely to turn to lifelong crime as a result of their time in a Virginia correctional institution. Who are these kids? Why are they much more likely to return to criminal behavior?

In 1996 Virginia cracked down on kids big time. There was a national hysteria about kids participating in gangs and engaging in violent behavior. Virginia decided that if a kid was charged with certain crimes the commonwealth's attorney should have the discretion to send the charged individual to either Juvenile and Domestic Relations Court or to the Adult Circuit Court. This is one of the rare instances in our legal system in which a prosecutor has far more power than a judge. When a juvenile is transferred and prosecuted in the adult system they lose many of the important processes necessary for a youth and this contributes to their likelihood to commit more violent crimes in the future.

For instance:

• When a juvenile is charged in adult circuit court he no longer receives services from juvenile education centers. As long as he is participating in the court process he is missing the education others in his age cohort are gaining.
• If he is found not guilty, he's been exposed to seriously violent offenders and has missed out on education opportunities.
• If the juvenile is found guilty in adult court he will be returned to the juvenile system with a large gap in his development.
• Worst case is that the juvenile is found guilty in the adult court and given a suspended jail sentence, effectively eliminating educational and employment opportunities in the future.

The Crime Commission surveyed Virginia's public defenders who represent juveniles and 93% believe that the law should be revised so that only first and second degree murder cases would face an adult circuit court. According to the Virginia Pilot even researchers in the Bush administration's Office of Juvenile Justice Delinquency and Prevention suggest that treating children as adults increases the likelihood of recidivism.

2009 is here, the carefully conducted research is in the hands of our legislators and unfortunately several are grumbling about the timing of making changes.

According to an article in the Virginia-Pilot:
Some legislators say now is not the time to make changes to the system. As of Friday, no juvenile justice legislation had been pre-filed, and legislators said there will be no new funding for more prevention and treatment programs.

I think everyone realizes there is no state money available for new programs for prevention this budget cycle. That is unfortunate and sad as we are likely to see a spike in juvenile crime in the next ten years. Virginia's leaders can take this opportunity to pass legislation that will not cost taxpayers any additional funds and likely save revenues in the short-term and social costs in the long-term by correcting this over reaching 1996 law.

Peter Feddo serves as a gubernatorial appointee on the Virginia Advisory Committee on Juvenile Justice.