Sentencing Rules for Juveniles Must Change

Connecticut must stop sentencing juveniles to life in prison without the possibility of parole in order to conform to a U.S. Supreme Court ruling that banned the practice, ACLU of Connecticut Legal Director Sandra Staub wrote in testimony for the state Sentencing Commission

The commission, which is again considering recommendations to change Connecticut's sentencing laws, held a hearing on the issue Thursday. The commission recommended legislation last year requiring that people sentenced to more than 10 years in prison for crimes committed before they were 18 years old be eligible for parole at some point in their sentences.

That legislation, which the ACLU of Connecticut supported, passed the state House of Representatives 137-4 but stalled before the Senate, which had not taken it up when the 2013 session ended.

In her testimony, Staub commended the commission for supporting reform again and noted that at least 10 states have changed their juvenile sentencing rules in response to the Supreme Court's 2012 ruling in Miller v. Alabama.

The court held that mandatory life sentences without the possibility of parole for offenders under the age of 18 violate the Eight Amendment’s prohibition on cruel and unusual punishments. The court specifically noted juveniles’ “diminished culpability and greater prospects for reform.”

The Sentencing Commission’s proposal would bring Connecticut into compliance with that ruling and would give all juvenile offenders who are serving lengthy sentences the chance to show they have rehabilitated, matured, changed their ways and made amends, Staub wrote.

She also noted that the current juvenile sentencing scheme in Connecticut has produced a disturbing racial disparity.

"Although Caucasians make up 71 percent of the state population, only 12 percent of the juvenile offenders serving sentences of more than 10 years and 8 percent of those serving more than 50 years are Caucasian," Staub wrote. "Taking steps to protect all children from permanent and lengthy sentences will also help to eliminate some of these racial disparities."