Amendments to juvenile laws would broaden crimes for which minors could be tried as adults

Popular Democratic Party Sen. Luis Javier Hernández Ortiz criticized the bill for altering definitions and increasing the number of crimes for which minors can be charged as adults.

By THE STAR STAFF

Senate Bill (SB) 38, which proposes amendments to juvenile laws, aims to expand the range of crimes for which minors can be prosecuted as adults, a move that runs contrary to the court system’s primary goal of rehabilitating young people and helping them become productive members of society.

New Progressive Party (NPP) Sen. Ángel Toledo López argues that the recently approved bill simply changes the definitions of “misdemeanors” to “crimes.” On the other hand, Popular Democratic Party (PDP) Sen. Luis Javier Hernández Ortiz criticized the bill for altering definitions and increasing the number of crimes for which minors can be charged as adults.

The juvenile court system is primarily focused on rehabilitation, while the adult system emphasizes punishment and retribution. Hernández Ortiz emphasized that under the proposed bill, minors could be charged as adults for serious offenses such as aggravated burglary, aggravated assault, sexual assault, rape, and robbery, among others.

Toledo López contends that the essence of juvenile law remains unchanged.

“Type three offenses in juvenile law are considered type three offenses that, if committed by an adult, would be classified as first-degree felonies,” he said. “The concept of a first-degree felony no longer exists in the Penal Code. We are discussing crimes and their associated penalties.”

Hernández Ortiz acknowledged that while some minors are exploiting the current system -- knowing they will be released by age 21 -- he believes the shift in public policy proposed in SB 38 is harmful.

“There are many minors who are taking advantage of the system,” the PDP minority leader in the upper chamber said. “I agree with the concept of addressing the issue but disagree with the idea that this represents a complete change in public policy and how juvenile crime will be handled.”

He also pointed out that the Department of Justice should have been consulted on the matter, as the report on the bill failed to include input from the Department of Corrections and Rehabilitation, the Puerto Rico Police, and the Board of Social Workers.

“In other words, I would have liked to see, from a social perspective, an analysis of whether this is truly the right mechanism to help young people think twice before committing an offense,” Hernández Ortiz said in a radio interview.