HB 239: Juvenile Justice Reform

This Bill passed the Senate 24-0 and the House 67-4. 

Libertas Institute supports this bill.

Last month the Utah Juvenile Justice Working Group released its recommendations on how to better promote the public safety and accountability of juvenile offenders, control costs, and improve recidivism. These recommendations have been incorporated into Representative Lowry Snow’s House Bill 239. With little reform over the years, there has not been sufficient oversight to control costs, reduce recidivism, and ensure that justice is actually being served through existing criminal laws and the methods by which they are enforced against youth offenders.

Libertas Institute has been particularly concerned about status offenses leading youth unnecessarily into the criminal justice system. An example of a status offense is truancy—absence from school in violation of the compulsory education law—and when a judge orders perfect attendance and the student violates that order, it can lead to punitive results such as detention in a government facility.

Two important policies addressed by HB 239 will affect students who have issues with truancy. First, it will expand effective early interventions to strengthen families and improve outcomes and second it will increase options for schools and law enforcement by investing in pre-court interventions. Rather than simply sending a student and parent directly to truancy court, early interventions and pre-court diversions will allow struggling families to explain their circumstances and find the correct avenue for the successful education for their children.

This bill is a part of an ongoing criminal justice reform effort that began several years ago here in Utah. For example HB 348, passed in 2015 (and supported by Libertas Institute), created much needed reform in the adult corrections system. The Utah Juvenile Justice Working Group’s full report can be found here.