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Report: WV has made progressive youth sentencing reforms

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Monday, August 19, 2024   

West Virginia has made significant criminal justice reforms in reducing harsh sentences for children, according to the latest report from The Sentencing Project but it does not help those who were sentenced before the reforms went into effect.

The report found more than 8,600 people behind bars with sentences of life without the possibility of parole, for crimes committed when they were children.

Ashley Nellis, co-director of research for The Sentencing Project, said West Virginia set an example for other states when it reformed its youth sentencing laws in 2016.

"West Virginia actually got rid of life without parole for juveniles," Nellis pointed out. "And also does not report any individuals who are serving life with parole or virtual life sentences for crimes committed when they were under 18."

The state also continues to see a downward trend in the number of youth in juvenile facilities. A one-day count of young detainees in 2019 found almost 500 children under 18 were in detention facilities in West Virginia. Two years later, the number had dropped to 345.

Nellis noted a growing body of neuroscience research showed critical differences between developing and adult brains related to decision-making, compulsive behavior and changes in parts of the brain responsible for "fight or flight." Most research now suggests the brain continues to develop into the mid-20s, calling into question the fairness of prosecuting and sentencing juveniles in the adult system.

"You're still biologically a teen, even though you've been transferred into the criminal legal system and taken out of the juvenile system," Nellis explained.

Nellis added states continue to have leeway in how they choose to sentence minors.

"The U.S. Supreme Court has weighed in on life without parole for juveniles and severely limited the allowable use of life without parole for young people," Nellis stressed. "But they stopped short of telling the states how to implement."

Overall, the number of young people arrested has drastically dropped since the mid-1990s, and the number held in juvenile facilities fell from more than 108,000 in 2000, to around 27,000 in 2022, a 75% decline. However, youth of color are much more likely than white youth to be held in juvenile facilities.


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