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1996 SESSION
960120836Patrons-- Melvin, Baker, Cantor, Cunningham, Darner, Deeds, Jackson, Jones, J.C. and Moran; Senators: Houck, Miller, Y.B. and Reasor
WHEREAS, the incidence of juvenile crime has increased in Virginia over the last five years; and
WHEREAS, this increase has resulted in more juveniles being processed through the courts and held in state and local secure facilities; and
WHEREAS, according to the Joint Legislative Audit and Review Commission's report in 1995 on Juvenile Delinquents and Status Offenders, Court Processing and Outcomes, black youths are almost five and a half times more prevalent in the state's juvenile correctional center population than they are in the general population; and
WHEREAS, black males are more than seven times as likely as white males to be securely confined; and
WHEREAS, there are a number of factors, such as high incidence of poverty, serious crimes among minorities, and police arrest patterns in urban areas, which undoubtedly increase the likelihood that black youths will be brought to juvenile court in disproportionate numbers; and
WHEREAS, once these youths are brought to court, both intake practices and sanctioning patterns of juvenile court judges directly impact whether black youths will be confined in large numbers relative to their percentage in the population; and
WHEREAS, the JLARC study found that after [ controlling for
considering ] a number of factors related to the offender's offenses,
criminal and treatment history, and family composition, race did appear to play
a role in judicial decisions concerning the use of secure confinement; and
WHEREAS, the foundations of justice are based on race- [ neutral ] and gender-neutral application of the law; now, therefore, be it
RESOLVED by the House of Delegates, the Senate concurring, That the Office of
the Executive Secretary of the Supreme Court [ is requested to be
requested to establish guidelines for race-neutral decision making. The Office
of the Executive Secretary shall ] coordinate a voluntary effort among
juvenile court judges to define general principles or guidelines for use in
achieving the goal of race neutral decision-making as it relates to the
sanctioning of juvenile offenders. These efforts may include the development
of cultural training, establishment of guidelines, or additional approaches
endorsed by the participants in this voluntary effort.