The Children’s Policy and Law Initiative of Indiana held a rally on March 1 featuring local religious and political leaders who voiced opposition to Senate Bill 279, which would decrease the age courts can prosecute children charged with attempted murder as adults from 14 to 12. The Senate passed SB 279 in January, with 45 senators voting for the bill and only three against. Local leaders cited safety for children and the potential impact on the Black community as major reasons they opposed the bill.
Dr. Gwen Kelly, vice chair of the Children’s Policy and Law Initiative, said children lack the maturity to safely navigate adult correctional facilities, potentially having to deal with sexual assault or even suicide. Antonio Lipscomb, preacher and City-County Council candidate, mentioned his traumatic past as a child in an adult correctional facility.
“I personally spent 30 days in a real jail at the age of 13, and I tell you if it wasn’t for the mercy of those inmates, I probably wouldn’t have been able to make it out,” Lipscomb said.
Lipscomb also cited statistics that suggest the law could be harmful for the Black community. According to the Pew Research Center, Black people comprise 12 percent the country’s adults yet make up 33 percent of prisoners. Such statistics cause some local leaders to be suspicious of how the justice system would implement SB 279 if it becomes law.
“Our constitution in this great state says we will not use criminal justice for vindictive punishment, and that’s exactly that we do,” State Rep. John Bartlett said.
Much of the support behind SB 279 stems from the tragic school shooting at Noblesville West Middle School in 2018 when a 13-year-old boy wounded a fellow student and a teacher. The boy received a five-year sentence, the maximum punishment for a minor charged with attempted murder. Many, including the injured teacher and family of the student, believed the punishment was too light.
“Indiana law already allows juveniles who are at least 14 to be tried in an adult court for any ‘heinous or aggravated’ felony,” Sen. Erin Houchin, author of the bill, said via email. “Giving prosecutors the ability to seek a waiver allowing younger juveniles to be tried in adult court for attempted murder still leaves the ultimate sentencing decision to the judge. In all likelihood, a juvenile tried and convicted in adult court for this crime would carry out their sentence in a juvenile facility, not an adult prison, until they reach adulthood, when they could be transferred.”
The House plans to hold committee hearings on SB 279 in March. Kelly said the margin at which it passed in the Senate proves the bill’s momentum, so a vote would likely follow shortly. State Sen. Greg Taylor is one of the three senators who voted against SB 279.
“This is going to be a tough task,” Taylor said. “A bill that passes 45-3 is very hard to beat. … My suggestion would be to lobby hard against this bill. Very hard.”
The Children’s Policy and Law Initiative of Indiana held a rally on March 1 featuring local religious and political leaders who voiced opposition to Senate Bill 279, which would decrease the age courts can prosecute children charged with attempted murder as adults from 14 to 12. The Senate passed SB 279 in January, with 45 senators voting for the bill and only three against. Local leaders cited safety for children and the potential impact on the Black community as major reasons they opposed the bill.
Dr. Gwen Kelly, vice chair of the Children’s Policy and Law Initiative, said children lack the maturity to safely navigate adult correctional facilities, potentially having to deal with sexual assault or even suicide. Antonio Lipscomb, preacher and City-County Council candidate, mentioned his traumatic past as a child in an adult correctional facility.
“I personally spent 30 days in a real jail at the age of 13, and I tell you if it wasn’t for the mercy of those inmates, I probably wouldn’t have been able to make it out,” Lipscomb said.
Lipscomb also cited statistics that suggest the law could be harmful for the Black community. According to the Pew Research Center, Black people comprise 12 percent the country’s adults yet make up 33 percent of prisoners. Such statistics cause some local leaders to be suspicious of how the justice system would implement SB 279 if it becomes law.
“Our constitution in this great state says we will not use criminal justice for vindictive punishment, and that’s exactly that we do,” State Rep. John Bartlett said.
Much of the support behind SB 279 stems from the tragic school shooting at Noblesville West Middle School in 2018 when a 13-year-old boy wounded a fellow student and a teacher. The boy received a five-year sentence, the maximum punishment for a minor charged with attempted murder. Many, including the injured teacher and family of the student, believed the punishment was too light.
“Indiana law already allows juveniles who are at least 14 to be tried in an adult court for any ‘heinous or aggravated’ felony,” Sen. Erin Houchin, author of the bill, said via email. “Giving prosecutors the ability to seek a waiver allowing younger juveniles to be tried in adult court for attempted murder still leaves the ultimate sentencing decision to the judge. In all likelihood, a juvenile tried and convicted in adult court for this crime would carry out their sentence in a juvenile facility, not an adult prison, until they reach adulthood, when they could be transferred.”
The House plans to hold committee hearings on SB 279 in March. Kelly said the margin at which it passed in the Senate proves the bill’s momentum, so a vote would likely follow shortly. State Sen. Greg Taylor is one of the three senators who voted against SB 279.
“This is going to be a tough task,” Taylor said. “A bill that passes 45-3 is very hard to beat. … My suggestion would be to lobby hard against this bill. Very hard.”
Contact staff writer Ben Lashar at 317-762-7848. Follow him on Twitter @BenjaminLashar.
Contact staff writer Ben Lashar at 317-762-7848. Follow him on Twitter @BenjaminLashar.
Concerned community leaders and members gathered at the Edna Martin Christian Center to express opposition to Senate Bill 279. The majority of the criticism surround the impact the law would have on Black children. (Photo/Ben Lashar)
