By H. Michael Steinberg Colorado Juvenile Crimes Criminal Defense Lawyer
Colorado Juvenile Criminal Law – Juveniles With Mental Health Issues – Important Issues To Understand – Those who practice in the Colorado Juvenile Justice System watch each day as children with mental health issues are treated as criminals for lack of better options open to that system.
A very large percentage – some estimate at up to 70% of all juveniles who come into contact with the Colorado Juvenile Justice System – have a diagnosable mental health disorder. The question must therefore asked – WHY do these kids end up charged with crimes and in juvenile court? Once there – how can the experienced Colorado Juvenile Crimes Lawyer divert them out of the system?
To answer the question as to how these kids end up in Colorado Juvenile Court – the answer is easy – the general (and mistaken) that there is no where else to treat them.
Let’s look at some of the new ideas that are in the pipeline in Colorado and across the country.
The goal is simple – juveniles who have mental health needs should – if possible – be diverted from ever entering the juvenile justice system – or once there – be diverted OUT OF the system and into a more appropriate provider of services.
Estimates put arrests of juveniles at more than 600,000. These are children who are placed in detention centers – such as those in Colorado… which are essentially jails. On any single day 70,000 juveniles reside in juvenile correctional facilities such as Colorado’s Division Of Youth Corrections. These kids suffer from mental health disorders at a rate that is at least three times higher than those youth not in the criminal justice system.
Research demonstrates that 65% to 70% of youth who come into contact with the juvenile justice system have at least one diagnosable mental health disorder;
Of these – More than 60% also have a substance use disorder;
And of those with a mental health disorder – 30% of have disorders that are serious enough to require immediate ongoing treatment.
It should come as no surprise that many of the juveniles who find themselves under arrest have had lives with much higher rates of exposure to traumatic experiences than there counterparts. Furthermore the juvenile justice system places many kids into juvenile courts for what often turn out to be non-violent offenses. Because of a lack of understanding – (ignorance really) – and a lack of resources available to treat these kids – they are locked up.
The Colorado juvenile justice system is not set up to address a youth’s mental health needs. Research over the last decade has established that “community-based treatment interventions” such as diversion programs are well suited to address the issue. These programs are much less expensive than incarcerating these juveniles and have had tremendously successful results.
Recently many new tools have developed as a result of research into the way a juvenile’s minds works and criminal defense lawyers should fight HARD to get these kids “re-routed” in existing programs here in Colorado.
Today mental health screening and assessment tools as well as new protocols exist to help divert out juveniles mistakenly arrested and placed into the juvenile justice system.
The emphasis now is on “evidence-based intervention and treatment programs” not old stereotypes and prejudgments about “bad kids.”
Adolescent development and brain research should be used by Colorado criminal defense lawyers to mitigate and explain why an individual client did and why that research supports that juvenile’s capacity for change.
This approach is what the Colorado juvenile justice system has always intended to be – rehabilitative and not just punitive. The idea is to hold juvenile’s accountable for their crimes but in the context of rehabilitation, – protecting them from the harm of the system itself – increasing their options and their chances in life and “managing” the risks they may pose in the present while ushering them into a new future.
Locking up juveniles out of frustration makes no sense. Institutionalizing them under the conditions of lock up and confined with others in Colorado’s Youth Correctional System (DYC) LINK is the wrong thing to do.
After tragedies such as Columbine High School – many public schools developed “zero tolerance” no prisoners policies that have since led to immediate school arrests of juveniles and quick expulsions with little concern about the reasons for the conduct involved.
The need to take a more reasoned approach to juvenile crime has reached critical mass. Juveniles with behavioral and mental health needs exist in very large numbers and there are answers today that can help these kids. Among these ideas are the following:
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Never stop fighting for your child – never stop believing in yourself and your right to due process of law.
ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at [email protected] – A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277. Attorney H. Michael Steinberg is passionate about criminal defense. His extensive knowledge and experience of Colorado Criminal Law gives him the edge you need to properly handle your case.
A Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. If you are seeking counsel there maybe other more specific technical or legal advice on the information provided and related topics. For that, please contact the author.
If you are charged with A Colorado crime or you have questions about the topic of this article – Colorado Juvenile Criminal Law – Juveniles With Mental Health Issues – Important Issues To Understand, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.
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