Emotional debate held at Capitol over bill that prevents detention of children 12 & under unless murder is committed
Nearly a hundred people turned out for debate over a bill at the state Capitol that would prevent arrests of kids 12 and under except for murder.
Supporters of the bill say kids need intervention and not incarceration. Opponents say that's already happening and the bill makes it less likely that they will get that help.
Chenise Sena is among those opposing the bill.
"My life has forever been changed."
From a wheelchair, she recalled the carjacking that left her unable to walk, "He demands my keys, pointing the gun right at me," she said.
Fearing for her life, she says, she tried to get away and was shot by a masked gunman she would later learn was just 12 years old.
"I've got a long road ahead of me. I've got to do physical therapy. I have a nurse that comes and sees me about three times a day to help with showering and medications," Sena expressed.
As she learns to walk again, state lawmakers are debating the bill that would allow the 12-year-old who shot her to walk free. The legislation would only allow police to detain kids 12 and under if they killed someone.
Instead, the kids would be referred to so-called collaborative management programs run by county human services. Those programs would refer them to treatment.
Bill sponsor state Rep. Serena Gonzalez Gutierrez says most of the young kids committing crimes are victims themselves.
"Our current system is penalizing and traumatizing already penalized and traumatized kids," Gutierrez said.
Her co-sponsor, state Rep. Ryan Armagost, says young kids who have contact with the juvenile justice system are 11 times more likely to re-offend by the time they're 20 years old.
"Once a kid gets wrapped up in the system they're in and out of the revolving door of criminality," Armagost said.
The Colorado District Attorneys' Council agrees, which is why it says DAs already refer young offenders to community-based treatment.
It says of nearly 2,500 kids between the ages of 10 to 12, who have been charged with violent crimes or sex crimes over the last 10 years, only four have been sentenced to youth corrections.
The rest, it says, were referred for treatment. Jessica Dotter with the DAs' Council says, while the juvenile justice system can ensure they get treatment, the child welfare system can't. The bill, she says, removes any enforcement mechanism.
"If kids don't engage in the treatment that they're recommended, nothing can be done. Nothing can be done for the victims that they harmed. Nothing can be done for the potential future victims," Dotter said.
Sena says, if the bill sponsors really want to prevent kids from reoffending, they need to hold them accountable.
"And for future crimes that happen, they're just going to get off because they didn't kill a person? There needs to be some kind of serious consequences for these serious crimes," Sena said.
State analysts estimate about 650 kids ages between the ages of 10 to 12 are charged with crimes each year.
Colorado counties say the child welfare system is already overwhelmed and is designed to be protective, not punitive.
While the bill provides about $3 million over two years to help counties with the extra caseload, counties say the cost will be at least double that.
A similar bill went to a task force last year. Gov. Jared Polis says it should have gone to the Colorado Commission on Criminal and Juvenile Justice, a nonpartisan group made up of all stakeholders in the criminal justice system.
