Don’t erase hope for all juvenile lifers

By The Gazette Editorial Board

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The number of policy issues likely to be addressed by the overtime edition of this year's legislative session has been rapidly dwindling. One that state Rep. Jeremy Taylor, R-Sioux City, insists must be resolved regards life sentences without parole eligibility for juveniles.

We agree that some change is in order.

The legal impetus took hold a year ago when the U.S. Supreme Court ruled that all juvenile criminal offenders sentenced to life in prison without a chance for parole violated the Constitution's protections against cruel and unusual punishment. The court did preserve states' discretion to impose such a penalty if a juvenile was involved in murder.

The Iowa Supreme Court, in the wake of that decision, ruled in December that a 16-year-old convicted of kidnapping and raping a Polk County girl when he was 16 should have some opportunity for parole eventually.

That case helped set the stage for the Iowa Legislature to bring the state's law up to date.

Taylor and some other lawmakers worry that without action, juvenile offenders convicted of any Class A felony could be immediately eligible for parole. A justified concern for the protection of society.

Taylor also wants at least a 25-year minimum sentence before juveniles can apply for parole. Others prefer 15 years, as a 2009 state Senate bill proposed.

Both of the current bills as amended, SF 365 and HF 607, would not allow parole eligibility if the juvenile is convicted of first-degree murder, or is convicted of second-degree murder while also found guilty of either first-degree kidnapping or first-degree sexual abuse involved in the murder's circumstances.

We're not sure what the right number of years is before a juvenile should be able to apply for parole, but a minimum makes sense.

Most important is that Iowa law supports our long tradition in the juvenile court system: Hold young offenders accountable but don't automatically erase all opportunity for them to learn from the errors of their youth and immaturity, prove they are rehabilitated, and earn a chance to lead a responsible adult life and contribute to their communities. Without a reasonable measure of hope, they simply continue to be a drag on taxpayer resources, and decades of a young life are wasted.

Lawmakers remain entrenched in state budget battles that threaten to drag on for weeks. But before they adjourn, they should approve legislation that, with a few necessary exceptions, brings juvenile sentencing in line with Iowans' philosophy: Give our youngsters a second chance if they're willing to work for it.

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