Bill would keep kids out of criminal justice system | Bluegrass Moms | Kentucky.com

Bill would keep kids out of criminal justice system | Bluegrass Moms | Kentucky.com

"Should 5-, 6- and 7-year-olds face criminal charges?

In 2009 and 2010, complaints were filed against at least 748 Kentucky children younger than 11 for offenses that included being out of control, minor injury assaults and criminal mischief. Sixty-three of those children were ages 5, 6, and 7, according to a 2011 Herald-Leader analysis of state records. Eight of those children were 5 years old.

State Rep. Darryl Owens, D-Louisville, last week introduced House Bill 143, which would prohibit children 10 or younger from being charged with criminal offenses. Instead, those children could be found neglected or dependent on the state for services.

Juvenile justice and court officials recently told Owens and other Kentucky lawmakers on an interim judiciary committee that children 10 and younger can't comprehend criminal responsibility and would be better served by the social service system. Owens said HB 143 ensures that the behavior is still dealt with.

Kentucky now puts no limits on the age at which a child may be charged. The bill sets that age at 11.

Kentucky would be following at least 11 other states in having laws that don't allow children 10 or younger to be charged criminally.

Owens said in an interview that he has talked to attorneys who told him many children are found incompetent to face criminal charges.

"Their mind just hasn't developed to the point to where they understand what they are doing," Owens said.

Patrick Yewell, executive officer of family and juvenile services for the Administrative Office of the Courts, or AOC, said Thursday that if HB 143 were to become law, the AOC would work closely with the state Cabinet for Health and Family Services.

"We could place the children on diversion," Yewell said, "and, if the child failed the diversion, we could then send the child and his/her family to" the cabinet "as a family in need of services."

Officials in the Cabinet for Health and Family Services won't discuss their position on the legislation."

Read more here: http://www.kentucky.com/2012/01/09/2021386/bill-would-keep-kids-out-of-criminal.html#storylink=cpy