The simple existence of a juvenile justice system demonstrates that society recognizes a difference between juvenile and adult offenders; that juveniles in most instances deserve a greater opportunity to learn from mistakes and become productive members of their communities.
That was why the Legislature last year passed — with only one dissenting vote in the House — the Youth Opportunities Act, which seals the juvenile court records for those who have completed the requirements of sentencing and probation, such as counseling, community service, have had no further criminal arrests and have paid all legal fees and restitution. The ability to seal records, the Legislature found, would remove a potential barrier caused by release of the records in getting a job, an education or housing, all crucial steps in turning one’s life around.
And it works, at least for those who have the financial ability (or whose parents have the ability) to pay their court fines, fees and restitution. Those who can’t pay are stuck having to answer for the mistakes of their youth when seeking a job, a student loan or an apartment.
Rep. Ruth Kagi, D-Shoreline, and Sen. Steve O’Ban, R-University Place, are expecting to propose legislation in the House and Senate early in the session that begins next week that would remove that barrier for those who struggle to pay court fines and fees. While the Youth Equality and Reintegration Act would prevent court fines and fees from being imposed on juvenile offenders, the responsibility for paying restitution would remain. Provided former juvenile offenders can show a good-faith effort to pay restitution, judges would have the discretion to convert the restitution to a civil penalty that would remain an obligation for the former offender.
Only about 12 percent of court-imposed financial obligations, including restitution, are paid by adult and juvenile offenders. Removing the hinderance of court fines and sealing juvenile records, Kagi said, would, by improving the odds of finding work, make it more likely that restitution to victims will be paid.
“So little money is collected now,” Kagi said, “all we’re doing is keeping it difficult for the poor to find a job and pay restitution to the victim.”
It’s important to note that about 96 percent of crimes committed by juveniles in Washington state are nonviolent offenses, such as theft, underage drinking and vandalism.
Washington state’s courts, undeniably cash-strapped, are likely to object to the loss of court fees and fines for juvenile offenders, but they’re seeing little actual revenue from juvenile cases. And the fines, as imposed now, are a heavier burden for lower-income people. The burden gets even heavier when, because they can’t pay the fines — plus 12 percent interest — that they must wear a juvenile record around their neck for potential employers, landlords and others to use as a reason to reject them.
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