In terms of sentencing, despite the articulated preference for rehabilitation-oriented alternatives, the revisions to the Children’s Code that occurred in 1996 set clear guidelines for sentencing adolescents who were convicted as adults for their crimes (Jarrett & Peters 1). In fact, the law mandates that judges sentence juveniles convicted as adults to the State Department of Corrections, which houses and oversees adult inmates, or to the Youthful Offender System (YOS), if aged 14 years or older and meeting a certain set of criteria based on the crime committed. Convicted adolescents who are automatically sent to the State Department of Corrections include those who meet any one or more of the following criteria:
a class 1 felony;
• a class 2 felony resulting from a plea agreement where the juvenile was
charged with a class 1 felony;
• a class 2 felony when the juvenile has one or more prior convictions for
a crime of violence or prior adjudications for an offense that would
constitute a crime of violence if committed by an adult;
• a class 2 felony when the juvenile is 16 or older;
• incest or aggravated incest or any crime involving unlawful sexual
behavior; or
• a second or subsequent offense for the following when such juvenile
received a sentence to the DOC or to the YOS for the prior offense:
N a felony that is a crime of violence;
N a felony offense relating to firearms and weapons
except for the possession of a handgun by a juvenile;
N use, or possession and threatening the use of, a deadly
weapon during the commission of felony offenses
against the person;
N vehicular homicide, vehicular assault, or felonious arson;
or
N adjudication as an “habitual juvenile offender.”
Related Articles
Case Studies in Social Deviance : Deviant Behavior in Societal Context
Parent Responsibility for Children’s Crimes : A Legal and Ethical Discussion
Transforming the Law: Radical Reforms in Juvenile Justice Processes
Trying Juveniles as Adults : A Case Study of Colorado Juvenile Justice
(Jarrett & Peters 3)
