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It’s shocking, really. If you think through the implications of Lena Taylor’s legislation, it would result in the release of literally of thousands of hard-core criminals back into our streets. Criminals who would otherwise be where they belong, behind bars. Criminals who could threaten our neighborhoods here in Milwaukee, including the Marquette campus.

Rapists, robbers, drug dealers, even murderers. Literally thousands of offenders convicted of violent crimes would be back on the streets under Senator Taylor’s plan. What’s more, her bill, SB 401, would increase taxes in Wisconsin by $3 million, and it would cost taxpayers statewide an additional $50 million or more in unfunded mandates on counties, according to a Legislative Audit Bureau report.

Lena Taylor’s plan would send criminals to children’s court, rather than adult court like they are now, and then she asks the taxpayers to pay millions more for it. Incredible. Let’s delve into the details.

Currently, a 17 year old arrested for a crime is sent automatically to adult court. Senator Taylor’s bill would give the judge the discretion to send a 17-year-old offender to children’s court, which would result in a faster release back into society. The bill would also reclassify each 17-year-old suspect as a “child,” and that would be their designation unless the judge changed it. The fiscal estimates expect that the vast majority of offenders covered by the bill would be sent to children’s court. How many offenders are we talking about? The LAB report says that from 2001 through 2005, 31,075 arrests were made in Milwaukee County of 17-year-olds. Many of those arrests led to cases and convictions.

Senator Taylor is quick to point out that her bill continues to automatically send to adult court those who commit or attempt first degree intentional homicide, commit second degree intentional homicide, commit first degree reckless homicide, or commit assault on a correctional or probation officer. But consider how many other crimes where offenders would make their way back into our neighborhoods:

MURDERERS

Her bill means some murderers would now start the system labeled as children - those who commit felony murder or second degree reckless homicide. A review of cases from 1995-2006 indicates that at least 14 such murderers would get such relief, including 13 from Milwaukee County. Consider this case, 1996CF964677B, as reported in the Milw. Journal Sentinel:

Two men who participated in a fatal beating that was at least partly motivated by the death earlier that day of “gangsta” rapper Tupac Shakur received maximum prison sentences Wednesday for their roles in the attack. Charles I. Hudson, 20, and Terrance L. Johnson, 17, received prison terms of 15 and 10 years, respectively, for the Sept. 13 mob beating of Andre D. Arvin, 38.

You decide - does a 17-year-old who joins a brutal mob in beating a man to death deserve a year in juvie, or 10 years in prison? By the way - he was later convicted of possession of cocaine with intent to distribute, again in Milwaukee County (2006CF003558).

DRUG PEDDLERS

Senator Taylor’s bill would allow 17 year old drug dealers to be sentenced as children. Drug crimes constitute 17 percent of criminal cases filed against 17-year-old offenders, so do the math and we’re talking about over 1100 drug offenders each year being labeled as “children.” You think that’s a good idea, Senator?

RAPISTS

The same data set shows that crimes against persons, violent crimes, constitute 15 percent of criminal cases filed against 17-year olds. That means 1000 people accused of violent crimes could be shunted off into children’s court each year. Look at a few examples from CCAP:

1999CF003402: Convicted in Milwaukee at age 17 of second degree sexual assault of a child. Has since been convicted of drug dealing, felon in possession of a firearm, and sexual assault.

1996CF000584: Convicted of felony threats to injury – criminal gang crime in Kenosha. Received probation. Age 17. Then, convicted of sexual assault of a child and child abuse and sent to prison. Still age 17. Convicted of misdemeanor battery. Still 17. Later convicted of resisting an officer. Should he be sent to the same court as a 14 year old who commits a petty theft, Senator?

VIOLENT CRIMINALS

Many other horrendous crimes would fall into children’s court under Taylor’s bill, violent crimes against people and property. Simple examples suffice, like 2002CF007045: convicted at age 17 of Armed Robbery with Threat of Force here in Milwaukee. He was previously convicted THREE times as an adult before that conviction – for resisting an officer, driving a vehicle without the owner’s permission, and battery. He was later convicted of drunk driving under age 21.

INCREDIBLE

I could go on, but you get the picture. Armed robbery, arson, assault, auto theft, (and I’m only in the A’s), etc. - all 17-year-olds charged with crimes would be initially labeled as children under Senator Taylor’s proposal. Often these offenders already have criminal records. Often, after their time is served, they go on to commit another crime. Senator Taylor wants to treat these criminals as children and put them in detention for a shorter period. To keep our communities safe, they need to be treated as adults and sentenced to the prison time they deserve.

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