THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

INTRODUCED BY WATERS, BISHOP, JOHNSON, WHEATLEY, YOUNGBLOOD, COHEN, CREIGHTON, GINGRICH, GRELL, HALUSKA, JOSEPHS, RAPP, K. SMITH, SWANGER AND WALKO, JULY 10, 2009

REFERRED TO COMMITTEE ON JUDICIARY, JULY 10, 2009  

A RESOLUTION

Directing the Joint State Government Commission to establish an

advisory committee to study the issues relating to juveniles

with life sentences.

WHEREAS, In the United States, more than 2,500 individuals

are serving life sentences without possibility of parole after

being convicted of crimes committed while they were juveniles;

and

WHEREAS, 82% of these individuals are people of color; and

WHEREAS, No other nation in the world sentences juveniles to

life without possibility of parole; and

WHEREAS, The sentencing of juveniles to life without

possibility of parole violates three international treaties,

including the International Covenant on Civil and Political

Rights, the Convention Against Torture and Other Cruel, Inhuman

or Degrading Treatment or Punishment and the International

Convention on the Elimination of All Forms of Racial

Discrimination; and

WHEREAS, 26% of individuals sentenced to life without

possibility of parole as juveniles were convicted of felony

murder and were not the perpetrators of murder, and in some

instances are serving life sentences while those who actually

were the murderers have served their sentences and have been

released; and

WHEREAS, Pennsylvania currently has 445 individuals serving

life sentences after being convicted as juveniles, significantly

more than any other state; and

WHEREAS, Pennsylvania is one of thirteen states that can

apply a life sentence with no age minimum; and

WHEREAS, The United States Supreme Court banned the

sentencing of juveniles to death as cruel and unusual

punishment; and

WHEREAS, Recent neurological research indicates that the

brain areas involved in decision-making, delayed gratification

and reasoning are not fully matured until an individual reaches

at least 20 years of age; and

WHEREAS, Juveniles serving life sentences are at much greater

risk for being victims of suicide, assault and rape while in

prison; therefore be it

RESOLVED, That the House of Representatives direct the Joint

State Government Commission to establish an advisory committee

to study the issue of juveniles being sentenced to life without

the possibility of parole, to compare the public safety record

of states that use sanctions other than life without parole for

juveniles committing capital offenses, to investigate the causes

of Pennsylvania sentencing more children to life without parole

than any other governmental agency in the world and to

investigate alternatives to meting out life sentences for

juveniles; and be it further

RESOLVED, That the advisory committee be comprised of

approximately 30 members and include persons representing all

relevant aspects of the juvenile justice, criminal justice and

social welfare systems, representatives of academia, the faith

community, psychologists and neuroscientists, juvenile justice

advocates, private and public organizations involved in criminal

justice and social welfare issues, former offenders and other

persons who have an interest and expertise in the issue of

juvenile lifers; and be it further

RESOLVED, That the advisory committee report to the House of

Representatives with its findings and recommendations no later

than one year from the date that this resolution is adopted.