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Berkshire DA Expands Program To Keep Young Offenders Out Of The Courts

The Berkshire County District Attorney's office has started a Juvenile Justice Unit and is expanding a program that diverts young offenders from the courts.

"We need to treat kids like kids, not just at home and at school, but in our criminal justice system," District Attorney Andrea Harrington said Tuesday.

People under 18 who have committed "low level" crimes such as disturbing the peace, vandalism or trespassing will be evaluated by a social worker at the DA's office to determine if they are eligible for diversion. 

The young person could be offered the chance to sign an agreement, requiring them to attend school, get a job, go to counseling, or attend programs like those offered at the Boys & Girls Club.

If they don't fulfill the agreement, they could be arraigned.

"We need to address the root cause of kids' minor offenses rather than subjecting them to prosecution and incarceration, that research shows will lead youth to a cycle of reoffending," Harrington said.

"We have previously tried this informally," Dalton Police Chief Jeff Coe said. "We now have a strong partner and a clear, formal process."

The program would not apply to certain offences, such as operating under the influence, arson or sexual assault.

As part of the new Juvenile Justice Unit, an advisory committee made up of Pittsfield law enforcement, representatives from community organizations and the public schools will recommend policies and review data to make sure juveniles are treated fairly.

"It will give young offenders the opportunity to right what they have wronged," said Shirley Edgerton, a Pittsfield public schools cultural proficiency coach. "The victim will be made whole and have a meaningful role in the process."

Harrington said the initiative comes out of the Criminal Justice Reform Act, passed by Massachusetts lawmakers last year.

Nancy Eve Cohen is a former NEPM senior reporter whose investigative reporting has been recognized with an Edward R. Murrow Regional Award for Hard News, along with awards for features and spot news from the Public Media Journalists Association (PMJA), American Women in Radio & Television and the Society of Professional Journalists.

She has reported on repatriation to Native nations, criminal justice for survivors of child sexual abuse, linguistic and digital barriers to employment, fatal police shootings and efforts to address climate change and protect the environment. She has done extensive reporting on the EPA's Superfund cleanup of the Housatonic River.

Previously, she served as an editor at NPR in Washington D.C., as well as the managing editor of the Northeast Environmental Hub, a collaboration of public radio stations in New York and New England.

Before working in radio, she produced environmental public television documentaries. As part of a camera crew, she also recorded sound for network television news with assignments in Russia, Guatemala, Mexico, Cuba and in Sarajevo during the war in Bosnia.
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