Hillary Transue: It’s time to fix state’s juvenile justice system

In April of 2007, I was sentenced to a youth forestry facility for mocking my vice principal online.

I was sentenced by the now infamous former judge Mark Ciavarella, who is now serving a lengthy prison sentence for his role in the construction of a for-profit juvenile detention center. Local officials and legislators swiftly condemned Ciavarella’s actions after exposed in the media under the sensationalized headlines, “Kids for Cash”.

An interbranch commission on juvenile justice was established in 2009 to address systemic issues highlighted by Ciavarella’s misconduct. Our community, particularly my peers who endured Ciavarella’s legacy, harbored hope for a fairer system. However, 15 years later, it’s disheartening to admit this hope has largely faded.

Pennsylvania’s juvenile justice system remains inequitable, with reports of abuse in facilities such as Wordsworth, Glen Mills, Devereaux, Delaware County Juvenile Justice Center, and Pennsylvania Juvenile Justice Services Center. Despite the evidenced success of diversionary programs, out-of-home placements still take precedence, and children as young as 10 can become involved in the system. Juveniles face adult charges, and — most important — youth of color bear a disproportionate burden.

Supporting House Bill 1381 is crucial for Pennsylvania to demonstrate its commitment to its youth and set a national example of equitable practices. This bill can alleviate facility overcrowding, reduce crime through evidence-based approaches, reduce racial disparities in the system and instill hope in our children and communities.

Youth incarceration in Pennsylvania costs nearly $200,000 per youth annually, whereas intensive community-based interventions are 50 times less expensive.

However, effective services such as multisystemic therapy (MST) and family functional therapy (FFT) are no longer contracted for in the state. Many offending youths lack strong community ties, making community-based diversionary programs vital for establishing connections and support networks. These programs increase youth resilience by linking them to community resources. Diversion boasts an 80% success rate.

I was sentenced for a crime that should have been addressed by my school, a situation that House Bill 1381 aims to rectify by limiting school referrals to juvenile court. My offense was low-level and non-violent, a common scenario in Pennsylvania where three out of four juveniles sentenced are in placement for first-time, nonviolent offenses. By reducing reliance on court discretion for youth sentencing, instances of juveniles being placed for extremely minor offenses can be decreased.

Half of all youth in placement are incarcerated due to technical violations of probation, such as rule infractions. Even without committing new offenses, youth on probation are often removed from their communities, leading to overcrowding in detention centers such as the Pennsylvania Juvenile Justice Services Center. This practice costs Pennsylvania over $140 million annually.

At 14 years old, being sentenced left me traumatized by separation from family and community and devastated by the label “juvenile delinquent.” It took over a decade to fully recover from this, despite only being in placement for three weeks. Expecting a 10-year-old to endure such an experience is unconscionable. At that age, many children are still immersed in imaginative play, making it horrifying to envision them navigating the system or grasping the gravity of their actions. Raising the minimum age of court jurisdiction to 13 is imperative to shield as many young children as possible from encountering the system.

In the court system, juveniles are often perceived as much older and criminally deviant like adults. Directly charging youth in adult court deprives them of the chance to be treated as children, causing irreparable harm. Those prosecuted as adults are significantly more prone to re-arrest compared to those handled within the juvenile system. While Black male youth constituted only 7% of Pennsylvania’s youth population in 2019, they represented 58% of youth prosecuted as adults. Eliminating direct file would allow juveniles to be treated as children and address racial disparities within the system.

We must eliminate fines and fees for youth in the juvenile justice system. Many entering the system cannot afford these charges and suffer further penalties as a result. These fees can overwhelm impoverished families and communities. Considering the current age of juvenile court jurisdiction, expecting a 10-year-old to pay these fines is unrealistic. Unpaid costs prolong court supervision unnecessarily, hinder record expungement, and may even lead to reincarceration. In 2019, Black youth accounted for 31% of contempt cases for nonpayment and 57% of those under court supervision until age 21.

In Pennsylvania, Black youth are 400% more likely to be incarcerated than white youth, highlighting a significant racial disparity that demands correction. It’s crucial to address this inequity and allow youth of color to contribute their voices to this discussion. All youth voices deserve to be heard, but amplifying the voices of youth of color is especially vital, as they represent a significant portion of those harmed by the system.

“Kids for Cash” unfolded in Luzerne County 15 years ago. Today, I am an educator, a writer and a mother.

I am no longer an authority on enduring the juvenile justice system in PA. I urge you to listen to those who are. Young people and families currently affected by the system possess voices and insights just as valuable, if not more, as mine. We should extend our ears and compassion, as we once did for the children affected by Ciavarella’s court, to hear what this new generation has to say.

Pennsylvania cannot afford to lag in adopting juvenile justice practices that prioritize children’s well-being. We’ve already endured the disgrace of tragedies like “Kids for Cash.” It’s time to truly demonstrate our commitment to serving Pennsylvania’s youth to the rest of the country.

House Bill 1381 is a significant step in this direction.