STAKEHOLDER CALLS

Our state’s response to the Covid-19 pandemic must include protecting the health and due process rights of legal system-involved young people, including emerging adults.  

The Massachusetts Trial Courts and executive agencies dictate much of what incarcerated and justice-involved individuals' are able to do and where they are able to be.  This imposes a substantial responsibility on state agencies and the courts to reduce chances of exposure at each systemic decision point to protect young people under their charge as well as to ensure overall public safety.  Several state agencies have issued emergency guidance or orders explaining changes in their operations in response to the Covid-19 pandemic.

On March 17th, CfJJ submitted a formal letter to the Chief Justice of the Trial Courts, the Commissioner of Probation, the Commissioner of the Department of Youth Services and the Chief Counsel of the Committee for Public Counsel Services seeking a stakeholder call within two weeks to address concerns about these agencies’ response at each of these decision points that are still unanswered in their issued emergency rules:

  • Social distancing for justice-involved youth

  • Due process protections in light of the Courts’ decision to reduce court activity

  • Reducing entry and expediting exit from the legal system

  • Transition planning as youth move within the system

  • Protections for youth in confinement in DYS and in adult correctional facilities regarding health, mental health, access to education and family, and preventing isolation

Emerging adults – particularly those still subject to or who have aged out of child welfare proceedings and those entitled to K-12 education – are subject to adult court and correctional systems.  Prisoner Legal Services issued a letter to the Governor and the County Sheriffs identifying issues that need to be addressed in correctional facilities.

In response to the Courts’ closures and limited activity, the Committee for Public Counsel Services published an Op-Ed urging the protection of due process rights and the high stakes in case delays for young people with juvenile justice and child welfare cases.