Raise penalty would triple cost of incarceration

Keep an adolescent in conflict with the law in a comprehensive care center costs the State an average of 85,700 pesos annually, equivalent to approximately 7,500 a month.

That investment could triple to approve the reform to the law 136-03 or code for the system of protection and fundamental rights of children and adolescents, to increase the maximum penalty for the boys and girls which offenders aged 5 to 15.

The average of the maintenance in a center of deprivation of liberty of this type is calculated on the basis of the investment that makes the Ministry of public health, which assigns to the year 18 million pesos in the four centres administered, where 210 adolescents kept prison. Each centre is allocated an annual average of 4.5 million pesos.

In the juvenile Preparatory Institute (pocketed), only one of the eight centres of integrated care that handles public health, where run different programmes u000atécnicoocupacional established by the system, an internal monthly investment is estimated at 7,524 pesos, including feeding, maintenance workshops, personal care and hygiene and school. This Center receives an annual subsidy of 7 million 200 thousand pesos.

The Preparatory Institute of juvenile maximum Antonio Alvarez, La Vega, go six million pesos annually; to the center of evaluation and youngest referral in Santo Domingo, two million 400 thousand pesos; the Preparatory Institute of juvenile of San Cristóbal, seven million 200 thousand pesos, and the Preparatory Institute of girls of Santo Domingo, two million 349 thousand 24 pesos a year.

The Office reported that it spent 39 million pesos per year in the sis - theme of girls, children and adolescents, including four detention centres for adolescents in conflict with the law as given.

Is a general investment throughout the system, that does not require the amount allocated to u000aeach home, because only detailed allocations by lines, among them maintenance of physical plant, fuel, furniture of Office, travel expenses, rents, security, payroll, petty cash and passages. For this reason that was impossible to establish how much invests in every adolescent.

because while was requested amount for the four sites that it manages, was not distributed in this way.

La Attorney handles comprehensive care in Najayo, Santiago, Manoguayabo and San Francisco de Macoris, in which kept prison around 380 teenagers. These vocational technical programs are scarce.

The National Congress meets a reform law 136-03 Bill to increase penalties for minors who received. Article 291 will be modified to increase from one to six months detention and article 340, to increase from one to 10 years prison for adolescents between 13 and 15 years, and from 5 to 15 u000ayears, between 15 and 18 years.

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Robbery aggravated is the crime more frequently
the 55 percent of detained adolescents are preventive, with a total of 320 of the 582 who harbored the eight centres, to November 14, 262 are penalized.

35% Is charged with aggravated robbery, being the crime more frequently, according to September 30, which indicate that 186 of 526 boys detained at that date were for robbery aggravated.

Second is homicide, with 34%, and thirdly, the rape, with 13%.

Traffic of drugs, 10%; blows and injuries, 6%, and possession of firearms, 2%. The lack of follow-up explains the high rate of recidivism, which round, between 30% and 40% in some centres.

Reject increase in criminal sanction
with rare exceptions, the majority of the directors of comprehensive care centres are opposed to the increase of the penalty, because they understand does not contribute to curbing the u000araft, recidivism, or help with the rehabilitation of adolescents who commit offences.

; Hipólito Antonio Grullón, of San Francisco de Macorís; Enrique Martínez, Santiago; Milagros Núñez, Villa Consuelo; Liliam Ortega, Manoguayabo, and father Carlos Montoya Elizondo of San Cristóbal, pose right thing is to ensure the implementation of the measures laying down the code, which many are not met, giving support to the centres develop occupational programmes and educational.

But Ana Maria Castillo, in charge of the Regional Department of re-education de La Vega, believes that the increase of the penalty should display depending on the crime, if recidivist and if you have discernment.

Sócrates Sanchez, of the center of Christ the King, favors an increase to the higher age group, which claims to think like an adult.

"The fact that out so quickly leads them to commit an offence again", expresses. u000aIt supports being told that teen that if incurred in an unlawful act must be punished, especially when it comes to murder. While Grullón sees that the increase of the penalty is not the solution, and basically would be while detained in integrated centres develop skills through occupational workshops, so that leaving learning a trade. "That does not cost so much, if you want to is made and the key is to occupy them", underlined.

Said that many of these young people recover and manage to channel his life. The Code establishes in its article 326, that the purpose of the sanction is the education, rehabilitation and social integration, and that the judge must ensure that it fulfils that purpose.

Of the juvenile code breach
La law 136-03 provides a number of provisions aimed at ensuring programmes for children and adolescents are not complying.

In centres of detention, adolescents u000a18 years ago but they continued together with the of 13 years, due to lack of specialized areas to locate older than age.

Also the final part of article 380, which provides that centres should be separated, according to Ethereal groups covered by the code, aged 13 to 15, and 16 to 18 years is obvious. Coexist in a same place the preventive and sanctioned, when the law provides for the separation once convicted, except in the of Christ the King, in the capital, which is exclusive for preventive.

The fact that four homes are managed by public health constitutes another violation of the code, which provides that all pass to the control of the Attorney-General, although you could see that public health develop more programs and have fewer needs.

Deprivation of freedom as a preventive measure should only last 30 days, in accordance with article 291 of the law 136 - 03, but they remain in that condition u000afor 9 months. While the law contemplates a rórroga, may not exceed 15 days.

In addition to the resources that should be the institutions administering centres, the Attorney-General and public health, the code, in its article 56 provides that municipalities and non-governmental organizations should also contribute to this cause.

Centres directors regretted that there are few networks of support, because practically only receive funds from the institutions responsible, considered insufficient to develop the necessary programmes.

Father believed raising the penalty does not solve
for father Carlos Montoya Elizondo, director of the Preparatory Institute of San Cristóbal, the solution to the problem of adolescents who received minors is not to increase the penalties.

To be done means that first would be missing the Convention of children, girls and adolescents, to which the country is a signatory. It considers that it is not just u000ato solve a problem you have to punish and penitentiary system to take the reins.

Think the best output to a problem is to search for the root, what causes the participation of adolescents in criminal acts, see why is happening.

Points out that usually behind a very aggravated conflict there is one or many adults.

Raises see where has to attack the problem to continue not emerging and create programs and projects that help first to occupy the time of the boys and then to ensure that families have the necessary resources, so that children are not alone.

Said that you should review the implementation of law 136 - 03 to determine what they are doing the centres and how they are doing it, and evaluate why there are things that fact. have not been

"Refers to take 10 to 15 years to a boy, but it would be good to see who is going to subsidize it, as they are subsidising of two or" u000a"three years, have problems to apply, because there are centres that want to install workshops but do not have the resources to do so," indicated.

Believes that it is timely - des what is needed for adolescents and that that should work authorities competent.

Understand that you we need to strengthen the part educational, as bring families to the schools, because when a teenager reaches a juvenile court is because they have failed the family, education and society.

"Justice to address the problem decided to send it to the Centre, this has to be because it is an order of a judge, and then the center that makes if you don't have good conditions, because the juvenile system lacking many resources of physical structure, economic and trained personnel", pointed out.

Understands that lawmakers should consider see what are the programmes to be applied to work with the family, schools, with society, but u000anot the ball can be thrown from one to another.

Each case should be separate
Ana Maria Castillo, in charge of the Regional Department of re-education in La Vega, believes that the increase of the penalty should display depending on offences, if the youth is recidivist and if you have discernment, among other situations.

In most developed nations penalties assume taking into account if the individual has discernment and thinks like an adult.

"Here it is the case that adults use to adolescent discussed crimes, many teenagers don't even break the law and to help a friend or for pay, throw the blame because the friend van to throw 30 and my only two or three years", reflects.

Understands that there is that society sees will think that if increase you the penalty teenager before it thousand times before committing a crime, that many of those who are detained in the center of integral attention of La Vega told him: "well, to" u000a"me not return me to see because it is not true that I'm going to leave here echo an old".

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