Delinquent: A growing number of juveniles have no criminal record prior to mandatory bindover. ‘I was shocked

Delinquent : A growing number of juveniles have no criminal record prior to mandatory bindover. ‘I was shocked,’ Edward saysWhile most youth touch the system multiple times before being bound over as adults, an increasing number of juveniles are first-time offenders, like 16-year-olds Edward and Sean. Each is serving six to eight years in adult prison for a carjacking. Each came from a close-knit family. Neither got a chance at court-supported services designed to help them veer away from crime.

The law also applies to kids as young as 14, but under stricter circumstances. They must be charged with murder and have previously spent time in youth prison for another high-level felony, or they must be from another state. A decade ago, it was rare to see juveniles commit acts triggering that mandatory transfer, especially on their first or second charge, juvenile judges say. That’s changed.

Other states are already taking some of those steps. Over the past two decades, legislators across the country have reacted to declines in juvenile crime and advances in brain science by adapting laws to, often by raising age requirements or limiting the number of bindover-eligible offenses. More than half of the juveniles who were bound over on their first or second charge between 2019 and 2022, were accused of non-homicide crimes, like aggravated robbery, aggravated burglary or rape, county bindover data shows, though nearly all of them involved a firearm.Two days after Sean’s 16th birthday, in 2020, he threw a 72-year-old motorist to the ground at gunpoint and sped off in his car before it crashed during a police pursuit. He had no prior criminal record.

Or prosecutors could have sought a blended sentence under what’s known as the Serious Youthful Offender statute, in which case Sean would serve time in a youth prison with the threat of adult prison to follow if he got into trouble.

@Exmeter Bindover Delinquent Cuyahoga County Juvenile Justice

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