Bill could lead to more adult charges for juvenile crimes

Indiana lawmakers are trying to fix a legal loophole that exists between the adult and juvenile justice system.

When a juvenile commits a crime and is not charged until after they turn 21, neither the adult or juvenile court system has jurisdiction over the case – and the person cannot be prosecuted. The Indiana Supreme Court warned the legislature to take action last year after its ruling in State v. Neukam.

Senate Bill 464 would give the adult court system the ability to prosecute these cases, if a juvenile committed a serious violent felony like murder, attempted murder, rape, robbery, kidnapping, or criminal deviate conduct. The person would have to have committed the crime while between the ages of 12 and 18, but not charged until they were 21 or older. The bill passed a third reading in the Senate Tuesday with a 31-13 vote.

Advocates and lawmakers agree that the loophole needs to be addressed. Investigations can take years to complete, and new witnesses can come forward with information. But Sen. Greg Taylor (D-Indianapolis) said the legislation penalizes people who were still children when they committed a crime.

“The fact is, they were not an adult when they did the action,” he said. “It's that simple.”

Joel Wieneke, a senior staff attorney with the Indiana Public Defenders Council, said the bill could sweep more people into the adult system for a wider range of crimes committed as children.

Under current Indiana law, a 12-year-old can only potentially be charged as an adult for murder.

“This is going to create a pathway towards prosecution directly in adult criminal court for a criminal offense for kids as young as 12,” Wieneke said.

Wieneke worked with Sen. Sue Glick (R-LaGrange) to create SB 410, which would overhaul the juvenile justice system and how youth can be charged as adults. But it has still not received a hearing.

SB 464 will now move to the House.

Contact WFYI criminal justice reporter Katrina Pross at kpross@wfyi.org. Follow on Twitter: @katrina_pross.

Pross is a Corps Member of Report for America, an initiative of The GroundTruth Project.