The United States is the only nation on earth that sentences its children to life without parole (LWOP). We have nearly 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.
HR4300 would give children sentenced to life the opportunity for parole once in 15 years.
We support HR4300.
TO THE HOUSE SUB-COMMITTEE ON CRIME, TERRORISM AND HOMELAND SECURITY
A PETITION FROM ELIGIBLE U.S. CITIZEN ELECTORS IN FAVOR OF HR 4300
SEC. 3. ESTABLISHING A MEANINGFUL OPPORTUNITY FOR PAROLE FOR CHILD OFFENDERS.
(a) In General- 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 under 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. Not later than one year after the date of the enactment of this Act, the Attorney General shall issue guidelines and regulations to interpret and implement this section. 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 passage of this Act.
(b) Definition- In this section, the term `child offender who is under a life sentence' means an individual who--(1) is convicted of an offense committed before the individual attained the age of 18; and (2) is sentenced to a term of natural life, or the functional equivalent in years, for that offense. (c) Applicability- This section applies to an individual who is sentenced on or after the date of the enactment of this Act as well as to an individual who had already been sentenced as of the date of the enactment of this Act. (d) Compliance and Consequences-
(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. (2) CONSEQUENCE OF NONCOMPLIANCE- For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to be in compliance with this section shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to that State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants program, 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 have not failed to be in compliance with this section.
The United States is the only nation on earth that sentences its children to life without parole (LWOP). We have nearly 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.
HR4300 would give children sentenced to life the opportunity for parole once in 15 years.
We support HR4300.
TO THE HOUSE SUB-COMMITTEE ON CRIME, TERRORISM AND HOMELAND SECURITY
A PETITION FROM ELIGIBLE U.S. CITIZEN ELECTORS IN FAVOR OF HR 4300
SEC. 3. ESTABLISHING A MEANINGFUL OPPORTUNITY FOR PAROLE FOR CHILD OFFENDERS.
(a) In General- 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 under 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. Not later than one year after the date of the enactment of this Act, the Attorney General shall issue guidelines and regulations to interpret and implement this section. 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 passage of this Act.
(b) Definition- In this section, the term `child offender who is under a life sentence' means an individual who--(1) is convicted of an offense committed before the individual attained the age of 18; and (2) is sentenced to a term of natural life, or the functional equivalent in years, for that offense. (c) Applicability- This section applies to an individual who is sentenced on or after the date of the enactment of this Act as well as to an individual who had already been sentenced as of the date of the enactment of this Act. (d) Compliance and Consequences-
(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. (2) CONSEQUENCE OF NONCOMPLIANCE- For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to be in compliance with this section shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to that State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants program, 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 have not failed to be in compliance with this section.
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 2,380 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 4300. 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 4300 on its way to the full House.
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