PETITION IN SUPPORT OF HR2289 - ENDING JUVENILE LIFE WITHOUT PAROLE
The United States is the only nation on earth that sentences its children to life without parole (LWOP). We have over 2500 children sentenced to die in prison, including some as young as 13. Children are NOT adults. All studies show that teen brains are not fully developed, and that they do not have the maturity to always make rational, reasoned decisions. The United States Supreme Court stated that children should not be held to the same level of culpability as adults.
HR2289 would give children sentenced to life the opportunity for parole once in 15 years.
We support HR2289.HR 2289 IH
111th CONGRESS
1st Session
H. R. 2289
To establish a meaningful opportunity for parole or similar release for child offenders sentenced to life in prison, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
Mr. SCOTT of Virginia (for himself and Mr. CONYERS) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the ‘Juvenile Justice Accountability and Improvement Act of 2009’.
SEC. 2. FINDINGS.
(2) While writing for the majority in Roper v. Simmons (125 S. Ct. 1183), a recent Supreme Court decision abolishing use of the death penalty for juveniles, Justice Kennedy declared such differences to be ‘marked and well understood’.
(3) Notwithstanding such edicts, many youth are being sentenced in a manner that has typically been reserved for adults. These sentences include a term of imprisonment of life without the possibility of parole.
(4) The decision to sentence youthful offenders to life without parole is an issue of growing national concern.
(8) Sixteen percent of these individuals were age 15 or younger when they committed their crimes.
(1) REQUIREMENTS- For each fiscal year after the expiration of the period specified in subsection (d)(1), each State shall have in effect laws and policies under which each child offender who is serving a life sentence receives, not less than once during the first 15 years of incarceration, and not less than once every 3 years of incarceration thereafter, a meaningful opportunity for parole or other form of supervised release. This provision shall in no way be construed to limit the access of child offenders to other programs and appeals which they were rightly due prior to the enactment of this Act.
(2) REGULATIONS- Not later than 1 year after the date of the enactment of this Act, the Attorney General shall issue guidelines and regulations to interpret and implement this section.
(b) Definition- In this section and section 4, the term ‘child offender who is serving a life sentence’ means an individual who--
(2) is sentenced, for such an offense or offenses, to a term of imprisonment of life, or of any number of years exceeding 15 years, cumulatively.
(c) Applicability- This section shall apply to individuals sentenced before, on, or after the date of the enactment of this Act.
(1) COMPLIANCE DATE- Each State shall have not more than 3 years from the date of enactment of this Act to be in compliance with this section, except that the Attorney General may grant a 2-year extension to a State that is making a good faith effort to comply with this section.
42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial Justice Assistance Grant Program or otherwise.(3) REALLOCATION- Amounts not allocated under a program referred to in paragraph (2) to a State for failure to be in compliance with this section shall be reallocated under that program to States that are in compliance with this section.
Each State that has in effect laws and policies in accordance with the requirements of section 3 shall, not later than 1 year after the date of compliance with such section--
(B) the name and contact information of the office, agency, or other entity that may be contacted for additional information about such laws and policies, including the application of such laws and policies to a child offender who is serving a life sentence, by a victim who was directly and proximately harmed as a result of an offense described in section 3(b) that was committed by such a child offender; and
(2) provide procedures whereby a victim who was directly and proximately harmed as a result of an offense described in section 3(b) that was committed by a child offender who is serving a life sentence may, upon request, receive information about the specific opportunities for parole or supervised release to be provided to such child offender in accordance with such laws and policies, including dates of parole or supervised release hearings and notice of decisions granting or denying parole or supervised release.
Section 3624 of title 18, United States Code, is amended--‘(g) Opportunity for Release for Child Offenders Serving a Life Sentence- Not later than 1 year after the date of the enactment of this subsection, the Attorney General shall establish and implement a system of opportunity for release that will apply to child offenders who are serving a life sentence (as defined in section 3 of the Juvenile Justice Accountability and Improvement Act of 2009) for Federal offenses. The system shall conform as nearly as practicable to the laws and policies required of a State under section 3(a) of such Act and shall include provision for the same or similar notice to victims as States are required to provide under section 4 of such Act. The system shall be in addition to any other method of release that might apply to such an offender.’.
SEC. 6. GRANTS TO IMPROVE LEGAL REPRESENTATION OF CHILDREN FACING OR SERVING LIFE IN PRISON.
(1) are charged with committing an offense, before the individual attained the age of 18, that is subject to a sentence that may include a term of imprisonment of life, or the functional equivalent in years or more; or
(b) Legal Representation- In this section, the term ‘legal representation’ means legal counsel and investigative, expert, and other services necessary for competent representation.
(c) Authorization of Appropriations- There are authorized to be appropriated to carry out this section such sums as may be necessary.
The United States is the only nation on earth that sentences its children to life without parole (LWOP). We have over 2500 children sentenced to die in prison, including some as young as 13. Children are NOT adults. All studies show that teen brains are not fully developed, and that they do not have the maturity to always make rational, reasoned decisions. The United States Supreme Court stated that children should not be held to the same level of culpability as adults.
HR2289 would give children sentenced to life the opportunity for parole once in 15 years.
We support HR2289.HR 2289 IH
111th CONGRESS
1st Session
H. R. 2289
To establish a meaningful opportunity for parole or similar release for child offenders sentenced to life in prison, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
Mr. SCOTT of Virginia (for himself and Mr. CONYERS) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the ‘Juvenile Justice Accountability and Improvement Act of 2009’.
SEC. 2. FINDINGS.
(2) While writing for the majority in Roper v. Simmons (125 S. Ct. 1183), a recent Supreme Court decision abolishing use of the death penalty for juveniles, Justice Kennedy declared such differences to be ‘marked and well understood’.
(3) Notwithstanding such edicts, many youth are being sentenced in a manner that has typically been reserved for adults. These sentences include a term of imprisonment of life without the possibility of parole.
(4) The decision to sentence youthful offenders to life without parole is an issue of growing national concern.
(8) Sixteen percent of these individuals were age 15 or younger when they committed their crimes.
(1) REQUIREMENTS- For each fiscal year after the expiration of the period specified in subsection (d)(1), each State shall have in effect laws and policies under which each child offender who is serving a life sentence receives, not less than once during the first 15 years of incarceration, and not less than once every 3 years of incarceration thereafter, a meaningful opportunity for parole or other form of supervised release. This provision shall in no way be construed to limit the access of child offenders to other programs and appeals which they were rightly due prior to the enactment of this Act.
(2) REGULATIONS- Not later than 1 year after the date of the enactment of this Act, the Attorney General shall issue guidelines and regulations to interpret and implement this section.
(b) Definition- In this section and section 4, the term ‘child offender who is serving a life sentence’ means an individual who--
(2) is sentenced, for such an offense or offenses, to a term of imprisonment of life, or of any number of years exceeding 15 years, cumulatively.
(c) Applicability- This section shall apply to individuals sentenced before, on, or after the date of the enactment of this Act.
(1) COMPLIANCE DATE- Each State shall have not more than 3 years from the date of enactment of this Act to be in compliance with this section, except that the Attorney General may grant a 2-year extension to a State that is making a good faith effort to comply with this section.
42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial Justice Assistance Grant Program or otherwise.(3) REALLOCATION- Amounts not allocated under a program referred to in paragraph (2) to a State for failure to be in compliance with this section shall be reallocated under that program to States that are in compliance with this section.
Each State that has in effect laws and policies in accordance with the requirements of section 3 shall, not later than 1 year after the date of compliance with such section--
(B) the name and contact information of the office, agency, or other entity that may be contacted for additional information about such laws and policies, including the application of such laws and policies to a child offender who is serving a life sentence, by a victim who was directly and proximately harmed as a result of an offense described in section 3(b) that was committed by such a child offender; and
(2) provide procedures whereby a victim who was directly and proximately harmed as a result of an offense described in section 3(b) that was committed by a child offender who is serving a life sentence may, upon request, receive information about the specific opportunities for parole or supervised release to be provided to such child offender in accordance with such laws and policies, including dates of parole or supervised release hearings and notice of decisions granting or denying parole or supervised release.
Section 3624 of title 18, United States Code, is amended--‘(g) Opportunity for Release for Child Offenders Serving a Life Sentence- Not later than 1 year after the date of the enactment of this subsection, the Attorney General shall establish and implement a system of opportunity for release that will apply to child offenders who are serving a life sentence (as defined in section 3 of the Juvenile Justice Accountability and Improvement Act of 2009) for Federal offenses. The system shall conform as nearly as practicable to the laws and policies required of a State under section 3(a) of such Act and shall include provision for the same or similar notice to victims as States are required to provide under section 4 of such Act. The system shall be in addition to any other method of release that might apply to such an offender.’.
SEC. 6. GRANTS TO IMPROVE LEGAL REPRESENTATION OF CHILDREN FACING OR SERVING LIFE IN PRISON.
(1) are charged with committing an offense, before the individual attained the age of 18, that is subject to a sentence that may include a term of imprisonment of life, or the functional equivalent in years or more; or
(b) Legal Representation- In this section, the term ‘legal representation’ means legal counsel and investigative, expert, and other services necessary for competent representation.
(c) Authorization of Appropriations- There are authorized to be appropriated to carry out this section such sums as may be necessary.
Dear Honorable Members of the Sub-Committee,
I encourage each of you to closely review and support this Bill which requires states to enact laws and adopt policies to grant child offenders who are under a life sentence a meaningful opportunity for parole at least once during their first 15 years of incarceration and at least once every three years thereafter. This law defines a child offender who is under a life sentence as an individual who is convicted of a criminal offense before attaining the age of 18 and sentenced to a term of natural life or its functional equivalent in years.
Honorable Members, in the United States children are prohibited from buying cigarettes, consuming alcohol, seeing certain movies unless in the presence of an adult, cannot serve on juries, cannot vote, cannot marry without parental consent, are not allowed to leave home and live alone, leave school, cannot make certain decisions relating to their medical treatment or education, cannot sign contracts, purchase firearms or be drafted in to military service.
They can, however, be sentenced to life in prison and its equivalent in years without the possibility of parole, a sentence reserved for those people in our society for whom there is considered to be no redemption. Do you agree that children are beyond redemption? Juvenile life without parole sentences ignore the very real scientific facts and social differences between children and adults, abandoning the concepts of redemption and second chances upon which this country was built. Psychoanalytical studies have shown that children lack the capacity to both understand and control their actions, which reduces culpability. The human brain does not reach its full capacity in the frontal cortex, the area of reasoning, until age 25.
The U. S. disproportionately sentences child offenders to LWOP. With an estimated 2,500 child offenders serving the sentence, and 42 of the 50 states and the federal government permitting the sentence, the U.S. is home to over 99% of youth serving the sentence in the world. 10 states set no minimum age and 12 states set a minimum of 10-13 years of age and 16% who receive this sentence are indeed of this young age. Of great concern are the tremendous racial disparities among the populations receiving the sentence. Finally, it is your responsibility as our leadership to be acutely aware of the unthinkable fact that adult prisons are especially harsh on juveniles. The suicide rate for juveniles in adult facilities is 8 times that of juveniles in detention facilities.
I honor Representatives Scott and Conyers for their courage in proposing HR 2289. I encourage you, Honorable Members of the Sub-Committee, to begin to do the hard work in discerning where justice truly lies concerning the youth of America. Please help HR 2289 on its way to the full House.
i support this act. my boyfriend was sentenced as a minor and has served 17 years. it is time for him to come home and to the other lwop.This needs to stop...
I agree that minor should not be sentence with such a harsh punishment. These minors are influenced by the people around them. Most of them make decision based on these influences. Sometimes these decision are initiated by elders or gang in the neighborhood. For some of us we are fortunate to have guidance and some support and for some of us we don't. The ones like the kids that are currently in prison with life parole are the one's that don't. In most cases, they advantages in life are not their side to begin with. Like the rough neighborhood they were grew in, neglect, bad school system, etc. The list goes on. As I see it, these kids can't see the big picture outside these walls because they are not given the tools growing up. So, how do we imprison these kids that faces these challenges that most of us have never experience and not even consider to give them a second chance in life. Often time, I ask myself. I don't think it takes a lifetime to rehabilitate or forgive someone.
Give these children hope for a better life! Rehabilitation is the key!
It is inhumane, and uncivilized to try children as adults. We should be working to rehabilitate children that have gone down the wrong path. There are many reasons that kids make mistakes, but they need to be given help, not prison sentences that lock them up and throw away the key.
I believe in a God of 2nd chances and while some people may consider a juvenile delinquent worthy of nothing more than locking them up and throwing away the key for ever, I thank God that He does not look upon us in that manner for then we would all be behind those same walls for the daily sinful lives we all live - in direct disobedience to God's commands! The truth is there is none of us worthy of any more than the next brother or sister. It is high time we stop spending the countless taxpayers dollars on incarceration and use those dollars to find out why our children are going to prison. Why are our children hurting so much that they turn around and hurt others! God tells us that of all things love is the greatest. It is the one thing that changes hearts. I pray we will make decisions out of love and mercy. It's time we use our prisons to reach and teach and transform and not to house broken men and women as though they have never existed. There is no difference in that and abortion. Our communities and families are crying out for someone to care. Won't you be the one to stand up and say that you care - at any cost? I will stand with you - because you never know when that child behind those walls may be yours... God bless you and yours.
Tc
It is inhumane to try and convict children as adults. Our criminial justice system focuses too much on incarceration as the key to keeping society 'safe' rather than rehabilitation and fixing the true causes of juvenile crime--poverty, lack of outreach programs for risk children and a broken educational system. Children are not capable of truly comprehending their actions. They are impressionable. They make mistakes. We cannot allow their lives to be wasted away due to momentary lapses due to their immature judgement.
I am grateful to see so many supporters for HR2289. I strongly stand on your side through this process as an act to create a better judicial system. Through this change, shall we see a better sentencing for our young children in America. May these children be our neighbors, family, or friends, they deserve a second chance and need your help. Keep up the good work everyone. Once this becomes law, we will celebrate for the children of America.
As an educator(special ed), I would not be effective if I did not truly believe all children are capable of making changes for growth/self-improvement! Another basic rule in special education is-consistency is key. That being said we as Americans need to decide 'when is someone an adult?'. Then that needs to be consistently followed. I can understand once in a while there might be an especially heinous crime that might warrant special consideration; although some type of mental health condition is typically involved in such cases and proper treatment would be warranted. The United States should be embarassed of the fact it continues to have so many juveniles incarcerated for life. I believe there is only one other country on the planet that does such a thing! I do believe it is time to reconsider our stance on this law and change it.
I support HR2289. They need legal representation, still to have accountability, to be taught, and clearly should not be given life without the chance of parole as the brain is not developed to the level of reasoning that it will be when they are an adult.
I agree deeply that children and teens that are serving a life sentence deserves a second chance with the society. Many makes mistakes and not mature enough to fully understands the consequences. But life without parole is severely harsh. Please pass this petition for our youths chance at life after mistakes.. God bless
"A child is the purest form of a human being as he is not yet moulded by the harsh realities of life." Marilyn French ------ I remember when I was just around high school age, I though some of the people in school that was doing all these bad things like stealing car stereo, smoking, beating people up was so cool. I ended up joining some of them and started to break in cars and take other people's stereo. I though it was just fun to do these things with my "friends". Now looking back, it's all just doesn't make sense. I think I was just trying to fit in, I didn't and still don't have it in me to steal or harm another person. Give the child offenders a chance to experience life as it was given by god. No one is pure in this world, some of us is just lucky enough to have a second chance.
I certainly agree that there are other venues that should be explored before putting juvenile's with a LWOP sentencing.
No child should have a mandatory sentence of life without parole. Without giving a person the possibility of parole, you are in fact giving them a death sentence. This is not to say that every person would actually get paroled, but if not given that opportunity to go before a parole board, what incentive is there for a person to turn their life around? Everyone should be given that opportunity.
Please seriously consider this bill--it is so very necessary for Pennsylvania juvenile lifers. Pennsylvania has more juvenile lifers than any other state. These children deserve the possibility of parole, especially if they have been reformed.
Our system identify adult as someone who reaches 18 years of age. A person of 18 is consider a mature adult who can make "wise" decision in the eyes of the law. They are given the right to make purchases such as car, house, cigerette, alcohol, enter a club, an apply for credit card. Yet, someone who is UNDER 18 is not given the same rights to these simple society needs. Where is the translation when it comes to imposing ADULT sentencing to a minor?? By law minor can't even purchase alcohol or sign up for the ARMY, yet under the criminal system they are capable to serve and face ADULT sentencing? SOMETHING IS LOST IN TRANSLATION BETWEEN THE SOCIAL SYSTEM AND THE CRIMINAL SYSTEM.
Annie Lam
If "we" do not believe children under the age of 18 is capable of making the right decision about smoking tobacco and the same for drinking alcohol under the age of 21, then why do "we" think they are mature enough to make life changing decision for them self and their family? In the case of my brother, who is sentenced 25 to life for a crime that he had no intention to carry out, is still struggling to understand how and why things turns out the way it is. He is still wondering if it was his naiveness or stupidity or immaturity or lack of life’s experience that have lead him to this ending? His case, the DA quoted in newspaper, a “beating that went wrong.” That beating ended up with someone got killed. Even after the trial, no one knew why the guy that shot the victim did it, neither did my brother. My brother asked his friends to teach this guy a lesson for insulting his girlfriend’s father, but ended up with murder. Per our lawyer, it was sentenced that way because of malice and afore thought and with the enhancement of lying-in-wait. I still can’t understand why the law is setup this way to charge someone to the fullest extent of the law without any consideration of age, circumstance and the true and original intent of offense. In my brother’s case, the intent to kill was never found. All sides agreed it was a beating that went bad, it was not a gang related incident and most of the offenders are under the age of 18! The more I think about it, the more I can’t understand our legal system. In our society we assume that when our children reached a certain age they are automatically blessed with the knowledge and wisdom of “life” and is expect to live as responsible human being just like that. I am now 38 years old and admittedly I am not the most mature person in the world. I now have only fully and truly understand the burden and responsibility as a parent, this knowledge didn’t come falling out of the sky. I learned this through my daughter that we just gave birth to. I learned to be a responsible citizen and understand it’s importance when I joined the work force after college. I for one didn’t get blessed and gain my knowledge and wisdom from age, I had to learn them by experience. Before anyone started think that I have some screw up parents, I have to tell you, you are dead wrong. They are the most caring and strict parents out there. I don’t have any intention to down play the role and importance of parent’s involvement in the development of a child’s growth and well-being. I just want to emphasize that the development process involve school, parents, friends, society, media and most of all their personal experience.
Predators, rapist and murders get out in 10 or 15 years. Give Josh and others a chance.
Hi, My husband is Jefrrey Branch of Philadelphia who has been incarcerated for 27 years was he best child a mother could no, but he was a good kid helping out a friend, he didn't murder or sexually assault anyone my point is not saying that they deserve what they got but it just seems to me that is what congress focus on so please just listen to all the other stories of these young men and women who are not the same as they were 10,20,30 years ago.
Juveniles should not be automatically transferred to adult court for any reason. Sometimes cases need the discretion of a judge rather than transfer and mandatory JLWOP. Please help these children to rehabilitate with some hope for freedom in the end. Karen J. Hyorth
I'm totally sickened and ashamed to say, I live in a place where we do this to our children. If as parents we were to subject our young ones to the horrors, that the kids are in our JUSTICE SYSTEM. We would be punished as well. And rightly so. So why do we tolorate this behavior in those whom are supposed to represent US, The People. It's about time to put the JUST back in Justice. These are OUR babies...
It is a travesty that such a great country could treat their children this way. No one under 18 should be charged as an adult! We need to start gettinig these insane laws tossed out! See also petition for ZACHARY NEAGLE! 14 charged as adult ! pldg not guilty
The barbaric practice of sending under 18's to jail for life should be stopped. A civilized country such as the USA should and CAN do better.
when people are young, they dont think, but once they get older they relize. so there no point to send someone life sentence. waste the government money
It saddens me that America doesn't care about the children
Life sentences for youth in Orange County, California is an especially serious problem.
I have first hand experiences relating to this issue.
I believe that alot of juvenils make alot of mistakes, I believe they should pay a consequence but I think that their past history should be taken into account. If they were young and irresponsible and make a very bad mistake they should get the chance of rehabilitation. If they are constantly in serious trouble then steeper actions should apply, but especially first time offenders should should not grow up in an adult prison!!! Give these kids a chance to change their lives!!!!!!!!!!
As a social worker,minister, and mother I am theologically and morally opposed to life sentence without parole of minors. Mandated lifetime limit on mercy and forgiveness contradicts the religious values this nation is based upon as well as psychological theory of rehabilitation.
I agree with this petition. I have a personal interest in its contents.
I am 9 years old and my dad was sentenced to life in prison in 2001 when he was 17. For just being with the adult who did the crime. My dad is now 25 years old didn't he do enough time. I love you dad!!
I don't think kids deserver to spend the rest of their life in jail for childhood mistakes. I'm 40 and I'm not the same person I was30 year ago not even 15 years ago.
No I'm not the same person I was 14 years ago. I made alot of mistakes in my life like drug dealing, robbery, assault, auto theft, and alot more. But that's just what they were mistakes. Now at 24 years of age, I look back and ask myself what was I thinking. That's just it; I wasn't. All I know is I was doing things kids my age only dream they could do. Staying out all night, having fun, traveling the states. That's just how I looked at my situation. Fun even though it was dangerous to me it was fun. That why I take time to reflect on my past. Now As an adult I look back and ask myself that question. Juvenile lifes should get a second chance. Now I'm not boasting about my situation, but I never was incarcerated for any of the crimes I committed. I say that to make my point knowing how I feel about my past and how I am today. I ask myself if I had a life sentence for the crimes I committed then, and again I've never been in jail, how can people be so selfish to not give these kids a second chance. I'm very remorseful for the crimes I've done. If the arguement is, we can't change, then what happen to me. A kid who never did time and thought that was the life I wanted. Sometime a second chance is all we need. Now I spend my life hepling people. I've spend my life working for city year greater philadelphia mentoring students at Gratz's high school. I'm a nusre full time and a professional boxer, and trainer. In my neghborhood I'm very well respected and known for looking out for the children. So I'd love to help, what can I do. If you want to find out who I am, you can go to my website http://justlisten2this.com/FaatimahInfoPack.pdf or you can google me at "Faatimah Tamika Balmer". There's only a chance for change when the opportunity is available. Make it available!!!
No child under any circumstance should be "forced" into the adult criminal justice system. You cannot "justify" child abuse and neglect period. We all know what happens to children in the adult criminal justice system, I thought child abuse was illegal?? Or is it just illegal for me and not you (lawmakers)?? Child abuse and neglect is not justice!! Adult punishment should not apply to children,minors,juveniles,teenagers,kids etc. Torure and neglect toward a child for committing a crime is not the answer and never will be...
Stop the insanity !!! Show that you're a civilized country for once!!!!
It is very difficult for me to understand how as a nation we ever reached the point of incarcerating children for life, and why we have tolerated such unreasonable punishment thus far. It is a terrible indictment of our judicial system and our maturity as a society that the US even tries children as adults, let alone considering the barbaric possibility of LWOP. We don't believe children to be mature enough to vote or to marry until 18, yet we allow a flawed legal process to deny them a chance to be rehabilitated and become productive citizens. We must change this irrational practice. Please support HR2289.
