Rhode Island news
Issues raised by treating suspect, 17, as an adult
01:00 AM EDT on Wednesday, August 8, 2007
BARRINGTON — After 17-year-old Justin E. Lake was arrested on breaking and entering charges three weeks ago, a new Rhode Island law demanded that he be treated as an adult.
So, he spent the night in a Barrington jail cell instead of the Rhode Island Training School, where minors are usually held. He appeared in District Court, rather than Family Court.
But when time came to release the 17-year-old and his parents could not be located, Lake was treated like a minor — he was placed under the care of the Department of Children, Youth and Families.
For 17-year-olds now being charged as adults, Lake’s case exemplifies a new irony.
“Inevitably when you have a minor in an adult system, issues like this are going to arise because of certain legal rights that apply to minors that don’t apply to adults,” said Elizabeth Burke Bryant, executive director of Rhode Island Kids Count.
Three weeks ago, Lake and a 13-year-old were arrested inside a County Road home, charged with breaking and entering. Homeowner Michael Silveira had returned home to find a door open and the two inside.
They were allegedly attempting to steal a number of small items from the house: pocket knives, lighters, tools, bracelets, and coins. Lake was later found with a $5 bill in his pocket that he claimed he took from the house.
The 13-year-old suspect was sent to the Rhode Island Training School. Lake, who had also been arrested earlier last month for shoplifting, was held in the Barrington jail cell.
Authorities discovered that Lake had been living with various friends in Massachusetts. He claimed that his parents had a restraining order against him. DCYF officials could not confirm that fact and were unable to contact Lake’s parents.
In court the following day, District Court Magistrate Joseph P. Ippolito, Jr. heard about Lake’s situation. Ippolito contacted the DCYF and placed him in their care “because they have resources available.”
“It seemed like the right thing to do,” Ippolito said. “The question was whether he’d wander around Rhode Island. We don’t want 17-year-olds wandering around the state. I wanted to get him back into Massachusetts DSS [Department of Social Services].”
If Lake had been 18, he likely would have been released on his own, according to Andrew Johnson, legal counsel for the DCYF. But since he was 17 and did not live with his own family, Lake was released to the DCYF which placed him in a group home. Lake, whose police report mentions a Fall River address, was transferred to the Massachusetts DSS about three weeks ago, according to Johnson.
Bryant believes that the case proves that lowering the age for adult criminals does not actually save as much money as proponents had hoped. The law was largely passed as a money-saving measure, citing figures indicating that housing an inmate at the Adult Correctional Institutions would cost less than housing someone in the Training School.
“It will take resources and add to the costs for a department to step in on a case-by-case basis, rather than having the more cost-effective and appropriate situation of having minors in a system that is designed to serve their needs,” Bryant said.
Bryant also mentioned recent reports that show how housing young adults in the ACI may actually cost more, since inmates under 18 are placed in a high-security protective-custody unit.
Johnson said Lake’s case may have been the first in which the DCYF was called to get involved with a 17-year-old being tried as an adult.
“We will always work with the District Court when they have a 17-year-old who is charged as an adult and that child has no place to live or a family to support that child,” Johnson said.
Johnson did not speculate on whether this would be a common problem or how they will deal with every case.
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