SO WHAT HAPPENS WHEN A MINOR IS TRANSFERRED INTO ADULT COURT?
WE GOT A BETTER UNDERSTANDING FROM CHRISTOPHER VOGLER,
DIRECTOR OF PROBATION SERVICES AS PIMA COUNTY JUVENILE COURT.
HE FIRST EXPLAINED THE WAYS MINORS END UP BEING PROSECUTED
AS ADULTS. >> THE FIRST KIND OF KIDS THAT
ARE TRANSFERRED TO ADULT COURT ARE AUTOMATIC TRANSFERS.
THEY'RE SERIOUS OFFENSES, MURDER, FORCIBLE SEXUAL ASSAULT,
VIOLENT CRIMES, THAT ARE CHARGED IMMEDIATELY IN ADULT COURT FOR
KIDS THAT ARE 15 YEARS OR -- THEY ARE 15 YEARS OLD OR OLDER.
AND THEN THE SECOND CLASS IS CALLED DISCRETIONARY.
THOSE ARE KIDS WHO ARE 14 YEARS OLD OR OLDER WHO COMMIT ANY OF
THOSE SERIOUS OFFENSES, OR SOME SLIGHTLY LESS SERIOUS OFFENSES,
BUT ALSO SERIOUS FELONIES. ALSO INCLUDED ARE KIDS THAT HAVE
A HISTORY OF FELONY OFFENSES. SO WE CALL THOSE CHRONIC FELONY
OFFENDERS, KIDS THAT HAVE TWO OR MORE PRIOR FELONY ADJUDICATIONS.
THOSE KIDS END UP GOING TO ADULT COURT FOR NEW FELONIES.
THAT'S KIND OF A THREE-STRIKES KIND OF RULE.
AND THEN THE FINAL WAY THAT KIDS GET TRANSFERRED, WE WOULD CALL
JUDICIAL TRANSFER. IT'S A PROCESS WHERE THE COUNTY
ATTORNEY FILES A PETITION. THE PROBATION OFFICER DOES AN
INVESTIGATION, WRITES A REPORT, AND THE JUDGE CONSIDERS ALL THE
EVIDENCE BEFORE DECIDING WHO TO TRANSFER.
>> VOGLER SAYS THE COUNTY IS PROSECUTING FEWER MINORS AS
ADULTS. HE SAYS THAT'S IN LINE WITH
NATIONAL TRENDS ON CRIME WHICH FEDERAL DATA SHOWS DECREASING.
THE OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION HAS
TRACKED A STEADY DECLINE IN THE NUMBER OF MINORS BETWEEN THE
AGES OF 10 AND 17 ARRESTED FOR ALL CRIMES.
AS OF 2016, ARRESTS HAVE FALLEN 70% SINCE PEAKING IN 1996.
>> SO IF WE LOOK BACK AS FAR AS 1998, '99, IN THE EARLY YEARS OF
THE TRANSFER LAWS, WE HAD SOMEWHERE IN THE NEIGHBORHOOD OF
200 KIDS IN PIMA COUNTY BEING TRANSFERRED.
IN THE MORE RECENT YEARS, WE'RE LOOKING AT MORE LIKE 60 OR 70.
>> PIMA COUNTY DOES NOT SPECIFICALLY REFER MINORS.
>> WHEN WE TALK ABOUT SENDING A KID TO PRISON, THE POSITIVE
RELATIONSHIPS WITH EITHER FAMILY OR OTHER PEOPLE IN THE COMMUNITY
THAT CONTRIBUTE TO SUCCESS GENERALLY GO AWAY.
THE SCHOOL ATTACHMENT GOES AWAY. ANY THERAPEUTIC OPTIONS WE HAVE
IN THE COMMUNITY GO AWAY. AND INSTEAD WE HAVE 24/7 CONTACT
WITH OTHER PEOPLE WHO COMMIT CRIMES, SO THEY'RE A NEGATIVE
INFLUENCE. THOSE BONDS FURTHER OUTSIDE OF
THE INSTITUTION. KIDS COME OUT GENERALLY WORSE
OFF. SO ON A LONG-TERM BASIS, IF YOU
DECIDED, WE'RE GOING TO PROSECUTE THIS YOUTH AS AN ADULT
FOR THIS FELONY, WE'RE NOW OPENING UP THE DOOR TO THESE
LONG ADULT PRISON SENTENCES. AND THEN AN ADULT PROBATION
DEPARTMENT THAT'S REALLY DESIGNED FOR ADULTS.
>> VOGLER SAYS JUVENILE PROBATION OFFICERS HAVE THE SAME
TRAINING AS THOSE IN THE ADULT SYSTEM, WHICH PRIORITIZES
COMMUNITY PROTECTION OVER REHABILITATION WHEREAS HIS
OFFICERS ARE MORE FOCUSED ON REHABILITATING YOUNG OFFENDERS
SO THEY DON'T RETURN TO THE SYSTEM.
HE SAYS THE COMMUNITY CAN BE AN EVEN STRONGER DETERRENT.
>> MY EXPERIENCE IS THAT WHEN KIDS ARE SUCCESSFUL, IT'S NOT
BECAUSE OF WHAT ONE PERSON HAS DONE WITH THAT CHILD.
IT'S USUALLY BECAUSE THERE'S A COMMUNITY OR A TEAM OF PEOPLE
WHO ALL CARE ABOUT MAKING THAT KID SUCCEED.
SO IF WE ARE SUPERVISING CHILDREN IN THE COMMUNITY AND WE
WANT THEM TO BE SUCCESSFUL, WE NEED THE FAMILIES INVOLVEMENT.
WE NEED THE FAMILY'S COMMITMENT TO SUCCESS.
WE NEED PEOPLE IN SCHOOLS AND CHURCHES, COMMUNITY
ORGANIZATIONS, TO BE MOVING FOR THAT CHILD'S SUCCESS.
AND WE NEED TREATMENT PROVIDERS THAT ARE GIVING THE APPROPRIATE
TREATMENTS TO HELP THAT KID SUCCEED.
IT'S USUALLY WITH THAT KIND OF WRAP-AROUND APPROACH THAT WE SEE
THE BEST RESULTS WITH KIDS.