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News Summary January 22 – February 4, 2011 “On a policy level, it’s a great idea,” Ms. Hitchens said. “But long-term treatment requires really strong programs in a secure setting, and a campus environment since they’re going to be there for so long.” A memo released last week by the Chief Probation Officers of California after the Brown proposal was announced stated that county probation departments were ready to participate in the governor’s plan — with one major caveat. “We must be sure we can afford the new responsibilities the state contemplates for local probation,” the memo said. Mr. Brown intends to compensate counties by extending existing sales tax and vehicle license fees, according to the California Department of Finance. The state’s 58 county probation departments would split $242 million in state money over the next four years. In the 2003 Alameda County lawsuit, Judge Jon Tigar of Superior Court found that conditions at state youth institutions were unsafe and not conducive to rehabilitation. The court ordered the Division of Juvenile Justice to provide young offenders with vastly improved facilities, education and treatment programs. In an interview before the announcement of Mr. Brown’s plan, a spokesman for the division, Bill Sessa, said that the state was in 85 percent compliance with the court’s mandates and that more changes were in progress. “What may have been true more than a decade ago totally mischaracterizes the reality of the Division of Juvenile Justice today,” Mr. Sessa said. He said he had no comment on Mr. Brown’s proposal to eliminate the Division of Juvenile Justice. Based on his own experience incarcerated at state and county facilities, Mr. DiazDeLeon said counties should embrace the inevitable. “I think D.J.J. can be replaced with something better within counties,” Mr. DiazDeLeon said. “Their model is outdated. You’re already coming from a dysfunctional background and going into dysfunctional system. What do you expect?” tbundy@baycitizen.org 42
News Summary January 22 – February 4, 2011 Committee advances bill on 'sexting' The sponsor, a Camden County Democrat, wants to avoid prosecutions. Associated Press (AP) – Trenton Bureau (NJ) By Angela Delli Santi January 25, 2011 Posted on: http://www.philly.com/inquirer/local/nj/20110125_Committee_advances_bill_on__sexting_.html TRENTON - New Jersey teenagers caught texting or posting sexually explicit photos online could avoid prosecution under a measure that would give first-time offenders the chance to complete a diversionary program. Assemblywoman Pam Lampitt (D., Camden), who is sponsoring the bill, said it was important to teach teens the potential consequences of their actions without saddling them with a criminal record. "We need to create a path that places education and forgiveness before arrest and prosecution," Lampitt said. "Young people, especially teen girls, need to understand that sending inappropriate pictures is not only potentially illegal, but can leave an indelible mark on them socially and educationally." The bill was released from committee by a 6-0 vote, with support from Republicans and Democrats. No similar bill has been introduced this session in the Senate. The measure targets "sexting," the practice of sending sexually explicit or suggestive photos by cell phone, as well as e-mailing similar images and posting them online. It is a nationwide problem that has confounded parents, school administrators, and law enforcers. Prosecutors in states including Pennsylvania, Connecticut, and Wisconsin have tried to stop it by charging teens who send and receive the pictures. Charges include possession and distribution of child pornography. Lawmakers in New Jersey agreed that criminal prosecutions were better avoided when possible. "There are certain aspects [of life] in which the criminal law should not be involved," said Assemblyman Michael Patrick Carroll (R., Morris). County prosecutors would get to decide who participates in the diversionary program based on guidelines spelled out in the bill. For example, the program would be open only to those who had no juvenile record and teens who did not realize the potential consequences of their actions. The legislation requires the Attorney General's Office to create a program to teach teens about the criminal penalties and social consequences of sending or receiving nude or seminude images through cell phones or computers. The educational components would include lessons on how the Internet can produce long-term and unforeseen consequences after photographs are posted and the connection between cyberbullying and the posting of sexual images. 43
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