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NewsFebruary 2, 2018

A Cape Girardeau state senator has proposed a bill that would largely prevent the prosecution of 17-year-olds in adult court. But that bill has drawn criticism from the area's chief juvenile officer, who said the measure would burden counties with added costs...

The Cape Girardeau County Juvenile Justice Center is seen Thursday at 2137 Rust Avenue in Cape Girardeau.
The Cape Girardeau County Juvenile Justice Center is seen Thursday at 2137 Rust Avenue in Cape Girardeau.Fred Lynch

A Cape Girardeau state senator has proposed a bill that would largely prevent the prosecution of 17-year-olds in adult court.

But that bill has drawn criticism from the area's chief juvenile officer, who said the measure would burden counties with added costs.

Under existing law, 17-year-old offenders are prosecuted for criminal offenses in adult courts.

State Sen. Wayne Wallingford's bill would require offenders under the age of 18 to be prosecuted in juvenile courts unless certified as adults.

Wallingford proposed identical legislation last year that did not make it out of the Legislature.

But Randy Rhodes, chief juvenile officer for the 32nd Judicial Circuit of Cape Girardeau, Bollinger and Perry counties, said Wallingford's Senate Bill 793 could increase the costs to the three counties by 25 percent if it becomes law.

Missouri's juvenile justice system is funded by counties and the state. Juvenile officers are state employees, but the counties pay other costs associated with juvenile facilities and services in their area.

The three counties of the local judicial circuit pay over $500,000 annually for juvenile court expenses, Rhodes said Thursday.

Adding 17-year-olds into the juvenile court system will increase that burden, he said.

The legislation does not provide any funding to the counties to offset the increased cost, Rhodes said.

Proponents of the bill have suggested the legislation will mean financial savings for the Missouri Department of Corrections, but Rhodes said "nobody mentions the county budget, and that is our bread and butter."

In 2017, Rhodes' juvenile office handled 1,200 referrals. Only five juveniles were placed in the custody of the Missouri Division of Youth Services, he said.

Rhodes said he believes 17-year-old offenders should be dealt with in juvenile court.

"Those kids' brains are mush," he said. "They do not fare well in prison."

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But Rhodes said that without increased state funding, it is impractical to expand the number of juvenile offenders served by the system.

He said juvenile centers are not prepared security-wise to handle the older teenagers.

Wallingford said Missouri is one of only five states that has not passed a bill raising the juvenile age.

The Republican state senator said the Missouri Department of Youth Services has indicated that it has the bed space and funding to handle 17-year-old offenders.

Wallingford suggested that the local juvenile offices will not be burdened with such offenders.

Those who have committed serious crimes like murder will end up being tried in adult court, he said.

But he said his measure would save taxpayer dollars by keeping lesser offenders out of adult court and allowing them to be rehabilitated and become productive citizens.

"Incarcerating our youth in adult prisons is actually the most expensive option and produces the worst result," he said.

"We save taxpayers' dollars as well," he said.

Wallingford said his bill also would lead to savings in terms of county jail costs.

Under federal law, 17-year-olds must be kept separate from older inmates in jail. Complying with that law could mean added costs to operate county jails in Missouri, the senator said.

A Senate committee unanimously passed the bill, which Wallingford said drew support from a variety of organizations. "No one came up and testified against it," he said.

Wallingford expressed optimism that the Legislature will approve the bill this session. "The evidence is out there (in support of the measure), we just have to run with it," he said.

mbliss@semissourian.com

(573) 388-3641

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