A SPARC OF HOPE
November 9, 2017
PLAYER OF THE WEEK
November 9, 2017
I was shown your articles on detention practices In Terrebonne Parish. 1 commend you for your work. As you report In your article, the overuse of detention increases recidivism, traumatizes children, makes mentally ill youth worse, places youth at greater risk of suicide and other self-harm, and Interrupts education among many other harms. It is a very expensive method of harming chil-drcn and the community, and is best avoided unless a child represents a serious threat of harm to himself or others or is a threat to flee the jurisdiction and not come to court.
The practices you describe occurring in Terrebonne Parish are, as far as I know, unique in this State. Your article correctly observes that Terrebonne is a conservative parish, but there are many conservative parishes in Louisiana. As far as I know none of the Jurisdictions in the state other th an Terrebonne do some of the harsh practices you describe.
Xo jurisdiction other than Terrebonne uses a bond schedule for children. We recently polled district public defenders on this very question and Terrebonne was the only jurisdiction reported to use a bond schedule for juvenile detention. I have long been of the opinion that using a pre-determined bond schedule for children violates the Constitution and state law, especially when applied to children. It Is contrary to general practice in Louisiana and seems inconsistent with Judge Hagen’s own statements In your article that he know who their children are and treat them as individuals.
As far as I know, no jurisdiction in the state shaves the heads of child inmates, other than Terrebonne. As far as I know, no Jurisdiction in the state puts misdemeanor child defendants in detention at a rate like Terrebonne. As far as I know, no jurisdiction denies bond to people who test positive for drugs. 1 do not believe the detention center even has the authority to conduct a drug test without a warrant and probable cause to believe It will uncover evidence of a crime until the child has been proven guilty beyond a reasonable doubt. Otherwise it is antithetical to the presumption of innocence.
In fact, all this talk of” behavior modification” interventions Is illegal prior to a finding that the state has proven the child guilt of an offense beyond a reasonable doubt. As our Supreme Court has said. “It is axiomatic that due process requires that a pretrial detainee not be punished.” Schall v. Martin, 467 U.S. 253 (1984). The court is not the parent. The parent can punish a child without proof, but the state has to presume the child innocent until proven guilty. The state cannot impose behavior modification interventions before a trial or a guilty plea without the child’s consent and stay within the bounds of the law. Thai’s why you are not allowed, within the constitution of the United States, to deny a person bail for grounds other than risk of flight or dangerousness.
And lastly, I cannot fathom why detention personnel would not Inform parents of the option to post bond. It sounds like they’re trying to make sure children get unnecessary detention time.
We are very concerned that these practices violate the rights of children. They are also simply bad practice that most jurisdictions in and outside of Louisiana have rejected as counterproductive to juvenile justice’s main goal to rehabilitate youth.
Sincerely.
Richard M. Pill man
Deputy Public Defender
Director of Juvenile
Defender Services
