Clancy DuBos: Busy month for bad jails_lowres (copy)

The Louisiana Violent Crime Task Force has issued a report including several recommendations for incoming Gov. Jeff Landry and the incoming State Legislature, including making juvenile court records public and transparent. May 16, 2016

When I heard about a Louisiana State Legislature measure that would make public some records of some teenagers last year, my jaw dropped and my head, figuratively, exploded.

Fortunately, that vision wasn't realized.

Unfortunately, there's reason to be concerned again this year.

A few days ago, the state's Violent Crime Task Force approved a report with multiple recommendations for incoming Gov. Jeff Landry and the incoming state Legislature. One of the recommendations suggests that our new governor and new Legislature "find additional ways to prioritize data gathering and sharing among our law enforcement agencies and courts across this state to be able to rely upon accurate and comprehensive data to improve and strengthen our criminal justice system well into the future."

I can't imagine anyone saying that's a bad idea. Of course we should aim to make things better, and that includes efforts to reduce crime and to enhance data collection and data sharing to improve law enforcement investigations and prosecutions.

The same recommendation suggests that "the legislature craft legislation to protect and empower our victims throughout the criminal justice process, including ensuring that victims have access to all relevant information, that they receive timely notifications before actions taken affecting them, including pardon and parole hearings, and that the victims’ rights and services are placed well ahead of the convicted criminals who victimized them."

That's a mouthful. I'm not on the task force, but I believe they mean that want crime victims to get more information more often and, definitely, before those who have been convicted of messing up their lives.

That sounds reasonable, but I want to see some specific proposed details.

Details. Yeah, details.

That was the issue with a measure that would've created the "Truth and Transparency in the Louisiana Criminal Justice System Pilot Program." Sounds like a laudable idea for the State of Louisiana — until we looked at the details.

As originally filed, the bill would have included only Caddo, East Baton Rouge and Orleans parishes. Those three parishes are mostly Black. Along the way, Bossier and Lafayette parishes were added. Those parishes are predominantly White.

That added some diversity to the "pilot program" that would have ended July 1, 2025.

Still, that's only five of 64 parishes. 

The task force recommends that Landry, who supported the 2023 juvenile transparency measure, and the state Legislature, which got close to authorizing the program before the bill died, revive the idea.

Their report says there's an "alarming crisis occurring across this state with violent juvenile crime, reduced consequences and responsibility for serious offenses committed by juveniles, both in our communities and in our juvenile justice facilities."

Anyone who's been paying attention to what's been happening with juvenile detention facilities in the last couple years has to agree that more must be done to secure these facilities, to keep the staff and juveniles housed in them safe and to separate the most violent offenders from others.

It's the idea of making juvenile records more available and accessible that I can't get my head around.

I'm all for reducing juvenile crime. I'm for putting youth through a process that includes a 360-degree view of what's been going on in their lives to determine the best paths forward. 

But do all of us really need access to that information?

The intent last year and this year is to focus on juveniles who commit more serious and violent crimes, actions that are seen as more devastating when committed by an adult. Think aggravated battery, armed robbery, murder, rape.

Those are horrible crimes, but do all of us need or want access to those criminal records?

The task force suggests that the incoming governor and Legislature "mandate transparency and openness in our juvenile court system for these serious offenses so that victims and the public can access and know what is happening and why it is happening in their communities."

These are kids. Certainly some of them knew what they were doing. Others should've been smart enough to exit after watching friends talk about doing something bad. But their brains are not fully developed. If we truly believe there's a chance for adults to change, why wouldn't we think there's a chance for kids to change?

The report doesn't say the entire state should be included with either a pilot or a permanent juvenile public records access system. It doesn't identify specific parishes either.

It also doesn't say how exposing these kids can make us safer.

I hope our leaders will think more about this recommendation and avoid making children who have messed up even more vulnerable.

Email Will Sutton at wsutton@theadvocate.com, or follow him on Twitter, @willsutton.