Delays in juvenile justice reform in Pennsylvania impair the futures of children.
The notorious abuses of vulnerable children by two Luzerne County Juvenile Court judges (convicted in 2008) and the 2011 book detailing those abuses (Kids for Cash by William Ecenbarger) renewed interest in reforming Pennsylvania’s juvenile justice system. The state’s Juvenile Act of 1972 was last amended in 1995—nearly 30 years ago—with provisions that limited juvenile court jurisdiction over several serious felonies, making it easier to try adolescents as adults.
Renewed interest in reform is also being motivated by emerging research in neuroscience describing developmental differences between adolescent and adult brains.
In December 2019, Governor Tom Wolf, Chief Justice Thomas G. Saylor, and General Assembly leaders established the 30-member bipartisan, interbranch Pennsylvania Juvenile Justice Task Force to conduct a comprehensive, data-driven assessment of Pennsylvania’s juvenile justice system and make recommendations supported by research. In June 2021, the JJTF produced a Final Report with 35 policy recommendations and an Executive Summary.
Proposed legislation to implement JJTF reforms has been slow to move forward.
Senator Lisa Baker (R, D-20, Luzerne), chair of the Senate Judiciary Committee, led the advancement of a package of four Senate bills (SB 167-170) addressing just four of the total policy recommendations of the JJTF. Included in these bills are strong processes and funding for expunging records (including shortening the timeline for eligibility), emphasizing diversion (remaining at home or in a group home or day program in the community) over out-of-home placement (geographically distant), reducing the emphasis on punishment first, and allocating state funds for both legal defense and alternative services for juveniles.
Each of these bills passed out of committee in March 2023. After first consideration by the Senate, SB 167-170 were sent to the Appropriations Committee, where they remained for over one year.
On September 17, 2024, the Senate passed two of the four bills:
SB 169 (49 Yeas, 0 Nays): Keeping youth in out-of-home placement no longer than the timeframe supported by research.
SB 170 (47 Yeas, 2 Nays): Creating a standardized statewide juvenile expungement process. (Targeted funding for the expungement process is not specified in the bill.)
SB 169 and 170 now go to the PA House of representatives for consideration. The House will need to act quickly on these bills if they are to pass and reach the governor’s desk for his signature before the end of the legislative session, November 30, 2024.
There may be a conflict in bills.
Representative Dan Miller (D, D-42, Allegheny) is the prime sponsor of an alternative House bill, HB 1381. This represents a more comprehensive set of juvenile justice reforms than the Senate package, including provisions not laid out in the JJTF recommendations.
It is worth noting that HB 1381 leaves out provisions for standardizing and financing statewide processes for records expungement, considered an important lever in helping convicted juveniles create better futures. From Senator Baker’s December 2022 Memorandum:
When someone who was involved in the juvenile justice system turns 21, their records do not automatically disappear. This poses a considerable barrier for juveniles seeking to get their lives back on track. With background checks so prevalent today, juvenile records can negatively affect employment, education, housing, credit, and identification down the road.
But according to the May 2023 Memorandum for HB 1381 “this bill incorporates JJTF recommendations involving the Juvenile Act and builds upon them by including other measures that will help ensure that our juvenile justice system is fair, equitable, and responsive to the rehabilitative needs of our kids.” Even though HB 1381 does not include anything on records expungement.
HB 1381 passed out of the House Judiciary Committee with all Democrats voting Yes and all Republicans voting No, then was “laid on the table” (put aside until a future date) in September 2023. As of September 2024, there has been no further movement.
The future for juvenile justice reform.
When thinking about juvenile justice reform, it is important to recognize that, according to JJTF findings, “at least two-thirds of youth enter the juvenile justice system for misdemeanors or contempt from Magisterial District Court for failing to pay fines.” In other words, many juvenile convictions are for small offenses. This was true for the Kids for Cash scandal.
We need the General Assembly to discuss, collaborate and pass bills to bring Pennsylvania’s Juvenile Act of 1972 into the 21st century. The JJTF created a long overdue, bipartisan roadmap. The legislature must act because the future of our kids in every county is at stake.
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