SPRINGFIELD, Ill. – Today marks 50 years since the U.S. Supreme Court made Miranda warnings mandatory, and legal experts say Illinois is taking small but positive steps in bolstering those rights for young people accused of crimes.

The Miranda ruling states every person must be informed of his or her rights when arrested.

But juvenile justice advocates say many times young people waive those rights without really understanding them.

University of Chicago law professor Randolph Stone is praising parts of Senate Bill 2370, which would require a simplified Miranda warning for minors.

"It's the same thing that we want for our children or any child, that the child be properly educated about the rights that they are getting ready to waive, and we found that in many instances the kids just have no idea what they're giving up," he states.

That law is currently sitting on Gov. Bruce Rauner's desk awaiting his signature.

Stone and other reform advocates, however, say Illinois could do more to protect juvenile rights by requiring legal counsel for all accused offenders under age 18.

Current Illinois law only requires a defense lawyer for children 13 or younger.

The new bill would extend the legal counsel requirement to children up to age 15 during custodial interrogations. But that would only apply to serious cases, such as murder or sex offenses. Stone argues that having a lawyer present for all juveniles would reinforce the Miranda protections.

"The police in their interrogation techniques often cause kids to waive their rights and then sometimes to even falsely confess to crimes that they didn't commit,” he points out. “It's even more important that they have some legal representation at this critical stage."

According to the Illinois Juvenile Justice Initiative, only about 20 percent of young people understand what their Miranda rights are, and the least understood warning is their right to talk with a lawyer before being questioned by police.




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A class action lawsuit has been filed on behalf of young people with disabilities serving time in the Illinois Department of Corrections.

The nonprofit legal advocacy group Equip for Equality suggested state legislation passed in 2006 has largely been ignored. It mandates young people ages 18-22 who are incarcerated take classes to earn a high school diploma.

Olga Pribyl, vice president of the special education clinic at Equip for Equality, said anyone in the age group who was, or currently is, eligible for special education services is affected.

"There's a number of individuals who entered the Illinois Department of Corrections who are within this age range, and who had previously been receiving special education services at their prior educational institution," Pribyl explained. "But once they entered The Department of Corrections, they didn't receive any education."

Pribyl described four years of negotiations on the issue as unsuccessful, which led to the lawsuit being filed against the Illinois Departments of Corrections and Juvenile Justice, and the Illinois State Board of Education.

The group worries young people with disabilities are not getting essential support or accommodation for their schooling while they are incarcerated. It said the consequences are far-reaching in terms of future schooling, vocational training and employment opportunities upon their release.

Pribyl argued getting a diploma can turn young lives around.

"When they exit the system, they're ready to be employed and can be participating members of the community and not go back into the system," Pribyl emphasized. "Statistics show that without an education, the rate of recidivism is a lot higher for these individuals."

Youth in custody can receive GED preparation. Pribyl added her group would like to see them receive high school credit-bearing courses instead. The Illinois Juvenile Justice Commission listed 446 juveniles in the state's 16 detention facilities as of this spring.

The number of youth held in juvenile justice facilities in California and across the U.S. dropped 75% between 2000 and 2022 - according to a new policy brief from the Sentencing Project.

Researchers say it reflects big declines in youth offending and arrests - and lower rates of incarceration during the pandemic.

Josh Rovner, director of youth justice with the Sentencing Project, said this contradicts frequent assertions by politicians and commentators that youth crime is out of control.

"It's surprising to many people in the country that believe that things are always getting worse," said Rovner, "that believe that this generation of kids is worse than any generation that came before it, when the evidence doesn't back that up at all."

California has been on the forefront of juvenile justice reform.

The state closed the last of its youth prisons last year, moving to a county-based model to keep children closer to family and community-based programs.

The state also banned almost all prosecution of children under age 12, and ended the transfer of 14- and 15-year-olds to adult court.

Rovner said youth are much less likely to re-offend when they are spared incarceration - and instead enter programs that emphasize mentoring, family therapy, and restorative justice.

"Some people argued drops in incarceration would only lead to increases in offending," said Rovner. "The opposite happened. In fact, by locking up fewer kids, offending continued to drop. So successes can build upon successes, but there is still so much work to do."

State data show that the number of youth in California juvenile facilities stood at almost 2,800 in 2023 - a dramatic drop from just over 11,000 in 2002.




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A Grand Island-based organization is offering a diversion program cited in a new report as one of the most effective with at-risk youths.

The intervention program is Multi-Systemic Therapy, or MST, which the Mid-Plains Center has offered for more than 20 years. In The Sentencing Project's report, MST is identified as having contributed to the 75% decline in youth incarceration between 2000 and 2022.

Chase Francl, president and CEO of MidPlains, explained the approach is to involve all of the "systems" contributing to or affected by a youth's dysfunction.

"You can work with the child, great, but if he still has the same peers that are driving this, you need to be working with the family and help them," Francl asserted. "How do you set limits on this? Your child's sneaking out at night; let's look at what that does. Let's look at how it's impacting school performance. Let's be talking with the teachers."

Mid-Plains therapists work in Kearney, Grand Island, Hastings, York and Lincoln. Francl noted youths are typically involved with therapy for 12 weeks, and the program has decreased long-term rearrests by more than 70%.

Josh Rovner, director of youth justice for The Sentencing Project, said it is not surprising incarceration has some of the worst outcomes for young people who get into trouble.

"Among the things that matter most for young people to achieve is to have a positive peer group and to have the support of their parents and other caring adults in their lives," Rovner outlined. "Sending kids away from home into locked facilities provides neither of those things."

Francl added keeping the youth at home is a major goal for the majority of the young people and families they serve.

"Typically, where we get called is, 'This situation's on fire; this is our last chance at putting it out. Would you guys come in and see if you can salvage the situation?'" Francl observed. "If we can't be successful with this, this youth is getting placed out of the home, whether that's a group home, whether that's detention."

The Mid-Plains MST program has had more than 90% of youths remain at home while enrolled, and more than 97% have had no new arrests. Francl stressed although the majority of referrals come from the court system, court involvement is not a requirement. He added he has been told there would be enough youths to fill the program if they doubled their staff tomorrow.


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