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Bismarck, North Dakota, April 20, 2017 – North Dakota Governor Burgum, (R), has signed into law HB 1195, making North Dakota the 19^th state to ban these death-in-prison sentences for children. The sentences also are not allowed in the District of Columbia.

HB 1195 ensures that no child in North Dakota will be sentenced to die in prison without hope of a second chance. The bill provides individuals who were convicted of serious crimes as children the opportunity to petition the court for judicial sentencing review to demonstrate they are deserving of a second chance after they have served 20 years.  Staff from the Campaign for the Fair Sentencing of Youth (CFSY) worked closely with State Representative Klemin (R), the bill’s sponsor, and other legislators to ensure HB1195 passed the North Dakota state legislature unanimously with broad bi-partisan support.

“HB 1195 is about hope, redemption, and holding our children accountable for serious crimes they commit in more fair and age-appropriate ways, while protecting public safety,” said Representative Lawrence R. Klemin, (R-Bismarck).  “This bill reflects our understanding that even children who commit serious crimes are capable of change.  I introduced this bill to give hope to those children who do change, so that they may have the opportunity to demonstrate to a judge that they are deserving of a second chance.”

Influenced by recent U.S. Supreme Court decisions grounded in adolescent development research holding that children are “constitutionally different” from adults and should not be subject to the country’s harshest penalties, the nation has increasingly moved away from life-without-parole sentences for children. In five years, the number of states that ban sentences of life in prison without the possibility of release for children has nearly quadrupled to a total of 19 plus the District of Columbia. This includes North Dakota’s neighboring states of Montana and Wyoming. An additional four states ban life-without-parole sentences for children in most cases. North Dakota and Arkansas both passed legislation on the issue this year.

“This victory in North Dakota reflects the recent groundswell of support for abolishing death-in-prison sentences for children,” said Jody Kent Lavy, executive director at the Campaign for the Fair Sentencing of Youth. “Most importantly, it brings hope to those told as children they were worth nothing more than dying in prison.”

Research by the Sentencing Project has shown that most children sentenced to life without parole have suffered extreme trauma and abuse. More than 80 percent of these youth witnessed violence in their homes and neighborhoods on a regular basis. More than 50 percent of boys and 80 percent of girls were physically abused; More than 20 percent of boys and 77 percent of girls were sexually abused.

“Like many of the people serving these sentences, I experienced severe abuse and neglect as a child, and I eventually joined a gang for a sense of family,” said Xavier McElrath-Bey, who was incarcerated as a child and now serves as senior advisor and national advocate at CFSY.  “At age 13, I was responsible for the tragic death of another child.  I spent 13 years in prison.  I learned my lesson and grew into a remorseful adult. Today, at age 41, I am living proof that no child is beyond redemption, which is why youth should never be sentenced to die in prison.”

“Every day within the Department of Corrections and Rehabilitation we see people who turn their lives around in prison, in spite of the obstacle of incarceration,” said Leann Bertsch, director of the North Dakota Department of Corrections and Rehabilitation. “Kids can and do grow up; and as they develop, they change. None of us are the same at 50 as we were at 16. Providing the possibility for judicial sentencing review decreases the likelihood of continued violent behavior behind bars and provides incentives to engage in meaningful rehabilitative programs so as to be considered more favorably by the sentencing court.”

In addition to giving people sentenced to life without parole the ability to have their sentences reviewed, the North Dakota bill will allow any child sentenced to more than 20 years the opportunity for a possible sentence reduction. As a result, all North Dakota children who commit crimes will now have the opportunity to prove their capacity for change and that they are deserving to re-enter and live in free society.

When Arkansas last week became the 18th state — and first in the Deep South — to ban life-without-parole sentences for children, it joined a series of traditionally red states to end the practice in recent years. One need only look at a map of the issue to see states like Utah, South Dakota, and West Virginia among those who no longer sentence children to die in prison.

CFSY Executive Director Jody Kent Lavy, along with Jessica Jackson Sloan of the DreamCorps #cut50 initiative, spoke to this trend among conservative states in an op-ed published in the U.S. News and World Report, and emphasized that the possibility second chances and redemption — ignored by extreme sentences handed down to teenagers — are fundamental ideals for all Americans, liberal and conservative:

Last week, Arkansas Gov. Asa Hutchinson signed into law SB 294, or the Fair Sentencing of Minors Act, making Arkansas the 18th state to ban life without parole sentences for children. At first glance, this move may seem uncharacteristic for a historically conservative state known for harsh sentencing policies. But a closer look reveals a commitment to the fundamental belief that giving children who have done wrong a second chance is not only a legal imperative, but a moral obligation.

Read the full op-ed at U.S. News and World Report

“It didn’t really dawn on me, what he meant, until many years later, while I was serving a 25 year sentence.”

Earlier this month, our Senior Advisor and National Youth Justice Advocate Xavier McElrath-Bey was featured on Speak up, Arkansas, a radio program in Little Rock. Xavier shared his story and spoke of children’s unique ability to change. Through Xavier’s powerful story, he was able to change the views of one listener who took the time to call into the show to express his new support for age-appropriate accountability.

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“It was a blessing to be invited to the Convening and to meet so many people committed to this work. I plan to stay involved with this group of people until we bring about the change we all so desperately desire. I never imagined that the simple act of forgiveness would lead me to the Campaign for the Fair Sentencing of Youth and new friends of like minds who will last a lifetime. May we all be blessed along the journey.” – Lynette Grace

Last month, we hosted our most widely attended annual national convening to date in Washington, DC. We gathered together an incredibly diverse field of over 125 participants from 28 states to share strategies, build new relationships, and strengthen our movement to end life without parole for children. We were joined by parole board members, state legislators, former law enforcement officials, litigators, formerly incarcerated individuals, family members of loved ones serving life sentences, and family members of victims to youth violence. The conversations were sobering, emotional, empowering, inspiring, productive. Where else would a parole board chair, the president of a correctional association, and a recently paroled individual speak on the same panel? The convening provided a unique opportunity to utilize the diverse experiences in the room to inform our strategies going into 2017.

“The convening energizes me to do the work of abolishing life without parole for children. Being with the other family members and the staff of CFSY, along with the beautiful men and women who have grown up in prison and turned their lives around, is like being bathed in love for several days. It means the world to me.” – Linda White, loved one is a victim of a crime committed by a child. 

Our convening opened just one week following one of the most divisive presidential elections in history, so it was particularly appropriate that we began with a plenary on harm, healing, and hope. The panel featured the personal journeys toward forgiveness two parents who both lost loved ones to youth violence have taken, as well as the experiences of remorse and hope from three formerly incarcerated individuals. These presentations are what make the Convening such an invaluable experience. Each of our workshops and plenaries blended professional experience with personal testimonies that grounded our discussions in the context of the people whose lives are directly impacted by youth violence and the extreme sentencing of children.

“I am grateful that the Campaign invited me to take part in this year’s convening. I value the visits we made to Congressional offices and the opportunity I was given to serve on a panel and share my knowledge of the parole process. Nonetheless, the greatest gift of this convening was being able to spend time with others who, like me, were once serving JLWOP and were afforded a second chance. Each one of these individuals is a shining example that no child is born bad and so many of us have unlimited potential waiting to be realized. We shared our experiences and success with each other, and we look forward to supporting one another moving forward.” – Andrew Hundley, sentenced to life without parole as a teen and released as a result of the Supreme Court decisions in Miller and Montgomery. 

Our conversations ranged from technical discussions about parole to prioritizing racial justice and utilizing social media to strengthen advocacy campaigns. Our discussions were led by renowned figures in their respective fields – such as Steven Drizin, co-founder of the Center on the Wrongful Convictions of Youth, and Sheryl Ranatza, the Chairperson of the Louisiana Parole Board – as well as by individuals directly impacted by the extreme sentencing of youth.

“Being a part of the national convening each year is extremely important to me. It strengthens my resolve and reminds me that we have made tremendous progress. This year I was especially encouraged by the large constantly growing group of formerly incarcerated youth that have returned home and have become a part of  theCFSY family, dedicating their lives to eliminating JLWOP. They are the ultimate proof that no child is born bad and no child is beyond redemption and rehabilitation.” – Anita Colon, sister of someone serving life without parole in Pennsylvania. 

I am deeply grateful to all who traveled to be with us, those who shared their ideas, and most especially, those who shared their personal stories. We left energized, enlightened, and excited about doubling down our efforts to end extreme sentences for children. Together, we will end the practice of sentencing our children to die in prison. Onward! Jody Kent Lavy Executive Director The Campaign for the Fair Sentencing of Youth