Lawmakers endorse juvenile justice bills

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Cheyenne -- A bill that would create a uniform system for screening Wyoming's young offenders cleared a significant hurdle Wednesday when it was endorsed by a legislative committee.

The Joint Judiciary Interim Committee also agreed to sponsor legislation requiring county sheriffs and others to develop a statewide system of standards for operating juvenile detention centers.

The endorsements come amid a push to reform Wyoming's juvenile justice system, which critics say lacks consistency on how it deals with young offenders.

The screening legislation would require police officers to perform risk assessments on children when taking them into custody. Police and local prosecutors would use the results to help determine whether juveniles should be jailed, taken to a group home or released to parents.

Advocates of such a system say it would create a uniform, objective process for screening young offenders before trial. They also contend it would help ensure that authorities are only jailing children who truly need to be locked up.

"We need to have consistency so kids understand justice is equal," said Rep. Keith Gingery, R-Jackson, who helped bring the legislation to the committee.

The bill has drawn criticism from some in law enforcement, who see it as an attempt by the state to micromanage local officers. In September, Gingery met with members of the Wyoming Association of Sheriffs and Chiefs of Police to hear their concerns.

Based on that feedback, the committee removed language from the bill that would have required officers to follow the assessment's findings. As the bill is now written, police and prosecutors would have the final say.

"I certainly understood where they were coming from, that these are their facilities, and this was sort of a state takeover," Gingery said.

The committee also voted to give the Wyoming attorney general, with help from the state's 23 sheriffs, the task of adopting the risk assessment program. An earlier draft of the bill had given that responsibility to the Wyoming Department of Family Services.

"Based upon where this bill started out and where it looks like we may end up, I think we are making tremendous progress," said Byron Oedekoven, executive director of the sheriffs and chiefs of police association.

"Uniformity and consistency, if that is the direction you want to have, I think this may help achieve it," he added.

Many states already use a juvenile assessment tool, which is basically a form with questions pertaining to the young person's background and criminal history.

The second bill sets a 2012 deadline for the creation of statewide standards for governing how juvenile detention facilities are operated. Facilities that don't adopt the standards would be prevented from holding children.

Committee members spent more than two hours debating who should be responsible for adopting the standards, and whether they were even necessary.

Putting standards in place would reassure parents their children will be safe if they end up in jail, said Sen. Kathryn Sessions, D-Cheyenne.

"We have to make a statement that our children are important enough for us to believe that some set of standards should apply when they are incarcerated in a detention center," she said.

Oedekoven told the committee each individual sheriff already has standards in place for juvenile detention. Those standards, he added, are subject to scrutiny from voters and groups like the American Civil Liberties Union.

Near the end of the meeting, some lawmakers wanted the Legislature to adopt its own set of detention standards, rather than passing that responsibility onto county sheriffs. The proposal didn't garner enough support to pass.

"Personally, that's not responsible legislating on the part of this committee," said Thermopolis Rep. Lorraine Quarberg.

Both bills are expected to be introduced at the Legislature's upcoming session.

Reach reporter Joshua Wolfson at (307) 266-0582 or at josh.wolfson@trib.com. Visit tribtown.trib.com/JoshuaWolfson/blog to read his blog.

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