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    Tuesday, May 07, 2024

    State prosecutor details complexities of juvenile laws, touts diversion boards at Old Lyme workshop

    Old Lyme - Longtime juvenile prosecutor Francis J. Carino gave mixed reviews to Connecticut's juvenile laws Monday and confided to a gathering of police and youth services professionals that the best alternative for first time offenders accused of committing minor crimes is to go before a community-based juvenile review board.

    "Sometimes we do more harm than good in court," Carino said.

    Carino has been prosecuting juveniles for 37 years and has served for 26 years on juvenile review boards in his own communities. Invited to a workshop by the Lymes' Youth Service Bureau and Old Lyme Resident State Trooper's Office, where several people referred to him as a "guru" when it comes to juvenile matters, Carino walked the gathering through the state's new and evolving juvenile laws, saying "some are good and some are bad."  

    Since 2012, 16- and 17-year-olds are treated as juveniles for most offenses, and earlier this month, in furtherance of the state's new Second Chance Society approach, Gov. Dannel P. Malloy proposed raising the age to 21 and giving juvenile offender status to some offenders up to age 25.

    "It's going to be an interesting legislative session," Carino said.

    The "Raise the Age" laws that went into effect in 2012 have some kinks that make it difficult for police and prosecutors to know how to charge 16- and 17-year-olds. Lawmakers wanted to give them the benefit of the juvenile system without losing the revenue generated by teens charged with violations and infractions for which a fine could be paid, so they carved out exceptions and created a situation where a teen could be considered a juvenile and an adult in the same case, Carino said. 

    Also, he said, when the General Assembly decriminalized the possession of less than half-ounce of marijuana in 2011, it did not apply the new law to juveniles. Adults pay fines for the offense, but juveniles are exposed to up to 18 months in a detention center.

    "A lot of kids heard decriminalization and though it was legal," Carino said.

    Juveniles charged with some of the most serious crimes, including capital felonies, Class A felonies and most Class B felonies, are tried in adult court under the new laws, Carino said, but juvenile judges no longer have as much discretion to transfer less serious crimes to adult court. Oddly, first-degree manslaughter is not included in the list of charges automatically transferred to adult court, though first-degree assault is an automatic transfer. Juveniles charged with first-degree robbery are not automatically transferred, he said, and those charged with first-degree burglary are transferred only if the child is armed with explosives, a deadly weapon or a dangerous instrument.

    Carino went over the expansion of mandatory reporting laws, which now require any school employees who have contact with students, except for those in adult education, to report suspected abuse or neglect. He spoke of the discretion that police have when deciding how to handle a juvenile offense, remarking that in certain cases, a warning from the officer could be the most effective response.

    Mary Seidner, director of the Lymes' Youth Service Bureau, said communities are grappling with juveniles behaving abusively on social media. One audience member said "vaping" or inhaling liquid nicotine or other products through a vaporizer is a common trend, and another said "a fair amount" of young people have been caught coming to school with brownies and cookies laced with marijuana. 

    Most Connecticut communities have a Juvenile Review Board that serves as an alternative to juvenile court for young, first-time offenders. The offender and his or her parents appear before a panel of police, social workers, juvenile court officials, clergy and community members who assess the case and tailor a program, often involving community service or counseling. The board then monitors the juvenile's progression

    Carino, who has served on juvenile review boards in Rocky Hill and Hebron, said the boards are faster and more flexible than courts and provide a greater opportunity for supervision and monitoring.

    "When a juvenile review board tells a kid, 'We're watching you,' the kid knows it, because he sees (members) around town."

    The boards use a "restorative justice" model that focuses on rehabilitation through reconciliation with victims and the community at large. Carino said in one case, teens who had committed offenses with technology were required to go to a senior center and teach the residents how to use smartphones. The seniors and the juveniles loved it, he said, and one kid told him he would continue to volunteer at the center after his obligation was fulfilled.

    Children referred to juvenile court may never even get before a judge or prosecutor, he said, since probation officers handle many of the less serious cases. Going to court can perpetuate a poor self-image for a juvenile or enhance the 'glamor' for the child and his peers. Court is an adversarial process, and a juvenile can end up with a criminal record - though it is sealed - and can move on to committing adult crimes.

    k.florin@theday.com

    Twitter: @KFLORIN

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