Newt Gingrich SB 261 HuffPo Article

Newt Gingrich
Former U.S. Speaker of the House of Representatives and GOP presidential candidate
A Second Chance for Young Offenders
Posted: 04/13/2015 11:45 am EDT
Last month, I was honored to co-host an amazing and genuinely bipartisan summit on criminaljustice reform, along with my friends Van Jones, Donna Brazile, and Pat Nolan. Nearly 600 citizens
from both parties came together to discuss real solutions for our country's failing incarceration
system. The day surfaced an extraordinary range of good ideas, but one in particular stuck out for
me because it highlighted the very attitude that has caused us to spend so many billions of dollars
on corrections each year without doing much to actually correct offenders.
It is that failure of the corrections system to correct that has led us to an injustice we can and
should remedy -- the practice of sentencing young people, not yet full-grown adults, to life in prison
without a chance of parole.
There are good reasons, in everyday life, that we don't give teenagers all of the privileges of fullgrown American adults: teenage minds are not yet fully developed, so young people are generally
less mature, have a harder time understanding the consequences of their actions, and are
particularly vulnerable to peer pressure. As a result, we recognize that teenagers have a tendency to
do foolish things.
For these reasons and more -- all of which add up to common sense -- teenagers have to wait until
they're 18 to vote, to own a gun, to be legally independent from their parents, and even to get an
unrestricted drivers' license in many states. Some privileges come at an even older age -- young
adults need to be 21 to buy alcohol, for instance.
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Despite recognizing the big differences between a teenager and an adult in our laws, however,
many states have done a poor job of taking this gap into account in their sentencing codes. They
might condemn teenagers to life in prison without the opportunity for parole, for instance, for
crimes they committed when they were 14 or 15 years old.
Two years ago, California passed a simple reform based on a simple idea: if our laws recognize
young people are still developing cognitively and psychologically, our penal code should, too. SB
260, sponsored by California Senator Loni Hancock, allowed that once juveniles have served many
years of a long sentence -- between 15 and 25, depending on the offense -- they should have the
opportunity to demonstrate personal growth and rehabilitation to a parole board. Passing this
reform in 2013 was a significant achievement.
This year Senator Hancock has introduced SB 261, building on the same principle to give similar
consideration to people serving long sentences for crimes committed as young adults (ages 18 to
23). The latest scientific research shows that young-adult brains, like those of juveniles, are not yet
fully matured. In fact, young adults' capacities for judgement, decision-making, and appreciating
the consequences of their actions are not fully developed until their early twenties. This makes
juveniles and young adults uniquely capable of change, personal growth, and rehabilitation.
It's only fair to recognize the difference between young- and full-grown adults in sentencing, just as
we draw a distinction between juveniles and adults. People who commit offenses before their
capacities are fully formed deserve a second chance -- an opportunity for a parole hearing if they
mature, rehabilitate, and pay serious restitution to their victims and to the community.
SB 261 is compassionate, fair, and backed up by the latest scientific understanding of brain
development. But it is also by no means lenient. To be eligible for a hearing, the bill would require
that a young person must have served at least 15 years of his or her sentence, and even longer for
more serious crimes. This is no small amount of time for young adult -- it means spending a period
of potentially more than half their lives at sentencing behind bars.
If young adults demonstrate real personal growth, rehabilitation, and remorse, they should have
the opportunity to be eligible for a parole hearing after spending a very long period of time in
prison. The California legislature should pass SB 261 to give them this opportunity -- and other
states across the country should look to it as a model for making the criminal-justice system more
fair, as well as more efficient.
Newt Gingrich is a former speaker of the U.S. House of Representatives and a CNN contributor.
This post is part of a Huffington Post What's Working series, in partnership with #cut50, co-sponsors of the
recent Bipartisan Summit on Criminal Justice Reform (Washington, D.C., March 26). The Summit was part of a
movement to popularize support for criminal-justice reforms while also having comprehensive discussions
about the policies, replicable models and data-driven solutions needed to achieve systemic changes. The series
will focus on such solutions. For more information on #cut50, read here. And to read all the posts in the series,
see our What's Working coverage here.
http://www.huffingtonpost.com/newt-gingrich/a-second-chance-for-young-offenders_b_7055246.html
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