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Youth sentences demand flexibility

Posted to: Editorials Opinion

Few would dispute the need for a lengthy prison term for a 16-year-old who commits a horrendous crime. For example, Robert Lee Barnes at 16 raped a Portsmouth teenager and stabbed her more than 40 times. In February, he was sent to prison for 42 years, to be followed by a quarter-century on probation.

Barnes' psychological evaluation gave no assurances that he wouldn't repeat his crimes, and in cases such as his, society must be protected.

But occasionally, youngsters who have committed crimes need discipline, a structured environment and training - not a felony conviction that will define their lives and make it tougher for them to find work or contribute to society.

Judges should have the ability to decide when a teen criminal needs to be locked away and when he needs an environment that fosters rehabilitation.

This month, the Virginia State Crime Commission recommended that circuit judges be given more options in determining the fate of juveniles being tried in adult court. It's a good idea, and the General Assembly should follow in January with a law.

The commission, which has been studying juvenile justice laws since 2006, is considering reforms to reduce crime and keep teens from returning to the criminal justice system. The laws enacted in 1996 limited judges' authority to determine whether teenagers belonged in the juvenile justice system or in circuit court.

The commission's most recent recommendation would allow circuit judges to determine that a juvenile is delinquent - if the teen meets certain probation requirements - rather than convicting him of a felony, a permanent blight on his record.

Juvenile detention facilities, while not a cure-all, typically provide school, counseling, goal-setting - opportunities that give teens a better shot at turning their lives around.

Young people sent to adult correctional facilities are less likely to go to school, get job training or get any sort of life-changing help.

Last year, a study by JustChildren, an arm of the Legal Aid Justice Center, found that teens convicted as adults - nearly 700 a year in Virginia - are 34 percent more likely to commit another crime than youths sent to the juvenile system.

The lesson: If we lock them up, don't offer job training or counseling, don't teach them to read and write and don't give them reason to change, they probably won't.

Gov. Bob McDonnell has worked to ensure that when inmates are released, their re-entry is smooth and invites success. He understands that simply building more prisons and putting more people behind bars can't alone keep us safe.

This month, he announced plans to reduce the number of youngsters returning to the criminal justice system, in part with a mentoring program that pairs community volunteers with juveniles in detention. One-on-one mentoring, his spokeswoman said, is key to changing a young person's perspective on life and will reduce the risk of getting in trouble.

Keeping teenagers motivated to succeed will take the work of all of us: parents, teachers, church and community volunteers, police and juvenile justice workers. The governor pinpointed a key to getting kids back on track: individual attention.

The General Assembly, in its reforms, should let judges provide the same attention to juveniles who end up in a courtroom.

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