Kamlager-Dove, Cárdenas Introduce Legislation to Reform the Juvenile Justice System

WASHINGTON, DC – Today, Congresswoman Sydney Kamlager-Dove (CA-37) led Congressman Tony Cárdenas (CA-29) in introducing the Childhood Offenders Rehabilitation and Safety Act to reform the federal juvenile justice system to better address the needs of juveniles and provide holistic pathways for rehabilitation.

“We must protect all our children, and that includes those who have come into contact with the criminal justice system. Too many of our nation’s young people have been traumatized by our broken juvenile justice system and have suffered from the impact of punitive and counterproductive policies. The Childhood Offenders Rehabilitation and Safety Act will provide young people with the tools they need to be rehabilitated during their time in the justice system, rather than further harmed or set back by their experiences,” said Congresswoman Kamlager-Dove. “For too long, our justice system has used a one-size-fits-all approach for juvenile justice, using the same policies for children as they do for adults, but we know that doesn’t work. These vindictive, inhumane policies only exacerbate the school-to-prison pipeline and strip children of their futures. I’m glad to introduce this legislation with Congressman Cárdenas to provide more healing pathways for our kids so that they are able to live fulfilling lives.”

"Our justice system routinely tries and sentences children as adults — especially in communities of color," said Congressman Cárdenas. “We know that children don't have fully developed decision-making abilities, and we also know that they have a unique capacity to change and grow into responsible adults under the guidance of professionals and accountable guardians. I'm proud to join Congresswoman Kamlager-Dove in introducing the Childhood Offenders Rehabilitation and Safety Act to provide long overdue updates to our federal juvenile justice system, drastically reduce taxpayer costs, create safe neighborhoods, and provide children with a true second chance.”

“We applaud Representative Kamlager-Dove’s efforts to end the harmful practice of prosecuting young children in federal court through introduction of this bill which would establish a minimum age of 12 years old for federal prosecution,” said Tracey Tucker, Executive Director, National Juvenile Justice Network. “Young children do not have the cognitive ability to understand the proceedings and participate effectively in their defense and are most at risk from violence when incarcerated. We urge Congress to pass this bill which will further the goal of ensuring children are treated as children across the nation.”

"The Coalition for Juvenile Justice is excited to see this legislation introduced! This bill provides an array of important protections for our children and ensures that some of the most vulnerable among us are able to get the services and supports they need to become successful adults," said Naomi Evans, Coalition for Juvenile Justice.

The Childhood Offenders Safety and Rehabilitation Act would:

• Clarify that for the purpose of federal court jurisdiction, a “juvenile” is a person who has passed their 12th birthday but has not yet reached their 18th birthday. Children under the age of 13 would not be prosecuted for crimes in federal court;
• Raise the age for discretionary federal adjudication of a child in adult proceedings from 15 years old to 16 years old;
• Provide safeguards for juveniles in federal jurisdiction against the developmentally deleterious effects of extended incarceration or confinement with adults by taking into consideration at sentencing evidence of childhood trauma, adverse childhood experiences, involvement in foster care, and the best interest of the child;
• Prohibit placement of juveniles in federal adult correctional facilities;
• Require federal data collection related to juveniles adjudicated in federal criminal jurisdiction or detained in federal custody for crimes committed as juveniles;
• Eliminate applying the felony murder rule to juveniles. The felony murder rule allows a defendant to be charged with first-degree murder for a killing that occurs during a dangerous felony, even if the defendant is not the killer; and
• Provide an HHS grant program under Title IV-B Part 2 (Marylee Allen Promoting Safe and Stable Families Program) for local child welfare and juvenile justice department collaborations that meet the needs of families and their children who are excluded from adult or criminal adjudication by age, child survivors of commercial sexual exploitation, or cross-over and dual status youth. Dual status youth are involved with both foster care and juvenile justice systems, while cross-over youth become involved in one system and “cross” to the other. The grant program will help ensure trauma-focused, developmentally appropriate services are delivered by multidisciplinary teams that will create treatment plans with the children, family, stakeholders, and service providers.

The Childhood Offenders Rehabilitation and Safety Act is yet another piece of legislation introduced by Congresswoman Kamlager-Dove aimed at reforming our criminal justice system. She has previously introduced the Pregnant Women in Custody Act to address the treatment of pregnant inmates; the Women in Criminal Justice Reform Act to change the way our prison system disproportionately impacts women, often resulting in harsher sentencing, poorer health care, and other discriminatory practices; and the One Stop Shop Community Reentry Program Actto help connect people exiting incarceration and those with conviction histories to the resources they need – including stable housing – to successfully return to their communities.

Additionally, the Congresswoman co-led the introduction of the Combating Workplace Discrimination in Correctional Facilities Act to strengthen protections for incarcerated workers from discrimination and civil rights violations, and the Correctional Facilities Occupational Safety and Health Act to increase workplace protections for prison workers. 

The Childhood Offenders Rehabilitation and Safety Act has been endorsed by:

• Human Rights for Kids
• Coalition for Juvenile Justice
• National Juvenile Justice Network
• Anti-Recidivism Coalition

To view a one-pager on this bill, click here.

To read the full bill text, click here.

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