ACLU of MaineVerified account

LD 320 would 1. establish twelve as the minimum age at which children can be charged with a crime. Right now in Maine, children of any age can be charged with a crime.

2. Maine requires children to be committed to Long Creek for a mandatory minimum of one year for any offense. The vast majority of states, including all other New England states, have no such minimum. LD 320 repeals this requirement

3. After a child is committed to Long Creek, they lose access to their court-appointed lawyers. Maine is failing at its constitutional obligation to ensure all people charged with a crime and deprived of their liberty have access to an attorney. LD 320 would restore access.

Rep. Morales said in her testimony, children who act out beyond normal adolescent behavior need help and guidance, not incarceration.

Atlee Reilly, Disability Rights Maine notes the majority of young people incarcerated at Longcreek have disabilities. This raises concerns about a failure to proactively address their needs before they end up incarcerated

Reilly describes incarceration as "the most costly and least effective manner to have their needs met."

Mary Bonuato, GLAD, testified about her experiences working with young people at Longcreek. She talked about the difference it made for a young person to have her as an attorney and advocate. "Every you person deserves that opportunity and closer look."

Of the young people she worked with, Bonuato saw "enormous promise and potential" when they have genuine opportunities for growth.

Meagan Sway, ACLU of Maine testified about why young people need an attorney at every phase of the criminal legal process, including while they are committed at Longcreek.

Sway: The right to counsel is even more important for children because they generally cannot advocate for their own legal rights or make decisions about what is in their best interest without guidance.

Cumberland District Attorney Sahrbeck testified in support of LD 320. On establishing a minimum age to charge a child, DA Sahrbeck said, "Quite frankly, it’s time to get other programs in place." That is, supportive programming, not incarceration.

DA Sahrbeck recognized the trauma of becoming involved in the juvenile justice system inflicts on a child, and that it has lasting effects. He notes incarceration itself is an adverse childhood experience, and can lead to lifelong involvement in the adult criminal legal system.

Jan Collins of MPAC notes that many kids involved in the juvenile justice system have experienced deep wounds and trauma. "We must not add to those wounds."

Erica King of the Muskie School at USM: national research & local data are overwhelmingly find that incarcerating young people is not an effective use of taxpayer money, leads to higher likelihood of involvement in adult criminal system & long lasting negative outcomes for kids

Acc. to King: 42% of young people released from Longcreek are incarcerated again within two years, either at Longcreek or in an adult facility. King adds the average length of confinement for low to moderate-risk kids at Longcreek is 508 days (more than one year)

Ending testimony with powerful words from Skye Gosselin with Maine Youth Justice.

Skye testified about her experience with being incarcerated as a 14 year old at Long Creek. “Most kids just need to be cared for, not another case with a number on top of it.”