Mandatory Bindover 101
In FY 2020, 192 kids were tried as adults in Ohio. Almost half of them were transferred to adult court without anyone looking at the facts of their case and almost all of them were black. The Juvenile Justice Coalition has been working to end the practice of Mandatory Bindover in Ohio.
What is Mandatory Bindover?
This is the process by which a minor’s case is automatically sent to adult court for adjudication without a judge considering the facts, evidence, or circumstances of a case or of the child being charged. A child as young as 14 years old can be bound over in Ohio and can be transferred to an adult jail. This practice is cruel and ineffective as a public safety measure. Children in adult jails must be separated by sight and sound from adults which means they often end up in never-ending solitary confinement, a process we know is incredibly damaging to anyone let alone a child. (Read more about the effects of solitary confinement here, here, and here.) Children who are bound over are:
5x more likely to be sexually assaulted
8x more likely to die by suicide
2x more likely to be attacked by staff or other incarcerated people
2x more likely to suffer from mental illness compared to adults in the system
More likely to reoffend and be sentenced to additional time than youth with the same crimes who remain in the juvenile system
Even though only about 13% of Ohio’s youth are black, 80% of the children who face Mandatory Bindover are black! We know that this policy is disproportionately levied against youth of color and therefore has a devastating and recurring effect on populations and communities of color. That is an unacceptable trend and we refuse to overlook these kids the way our system is determined to.
Mandatory Bindover is an illogical lapse in the juvenile justice system. We know that children are fundamentally different than adults and should be treated as such. They have less developed brains, are more susceptible to peer pressure, and have a greater potential to grow and change than adults do! Equally important, research consistently shows that bindover only increases future re-offending of juveniles. Juvenile detention is an environment more tailored to the rehabilitation of a child, whereas adult prison is a punitive institution that leaves children in a much worse place than when they entered.
What are we doing about it?
In 2021, House Bill 500 was introduced which sought to eliminate mandatory, eliminate reverse bindovers, and modify the laws of discretionary bindovers. Discretionary Bindover is the process where a judge reviews the case, conducts an amenability process to decide if a minor should be tried as an adult and then transfers cases to adult court. Since the bill did not make it out of committee (and therefore wasn’t passed in the House) before legislators left for Summer recess, we are working to have it incorporated into the criminal law corrections bills in both the House and Senate (HB 699 and SB 288). It is more important than ever that we fight for our children! Eliminating Mandatory Bindover would make it a requirement for judges to actually do the due diligence of reviewing a case before a decision is made that will have lasting detrimental effects on a child.
We are doing what we can to educate Ohioans about this issue, because ignorance is what allows a policy like Mandatory Bindover to continue. When parents, teachers, and concerned citizens learn of the policy they want to act! We just need to make sure people understand the realities and consequences of this policy. We are holding policy hours, working with several other organizations in our efforts, and contacting legislators regularly to increase support for ending Mandatory Bindover.
What can you do?
Great question, thanks for asking! Legislators need to know we are paying attention to their decisions and we will fight for our kids' right to be treated as kids.
Sign our petition asking them to include the elimination of Mandatory Bindover in SB288 and HB699!
Call the legislators with the power to protect our kids and make your support to end Mandatory Bindover known! There’s a quick and easy call script and contact information for the legislators below.
Share the petition link, this email, and our social media posts at Instagram Facebook Twitter to help us get the word out! We need to make our voices heard!
Phone Call Script
My name is _______ and I am calling to express my support for eliminating mandatory bindover of youth in Ohio and to urge you to amend HB 500 into SB 288 and HB 699. It is essential that Ohio enacts legislation that protects youths’ safety and well-being, while also holding them accountable in ways that advance public safety. Children are not adults, and but mandatory bindover requires treating them like adults. Amending HB 500 into SB 288 and HB 699 will give Ohio’s youth an opportunity to access rehabilitation in the juvenile justice system and move Ohio towards a fairer justice system.
Send Calls and Emails to:
SB 288 Sponsor/Senate Judiciary: Nathan Manning, Chair, (614) 644-7613 manning@ohiosenate.gov
HB 699 Sponsor: Tavia Galonski, (614) 644-6037 Rep35@ohiohouse.gov
HB 699 Sponsor: Bill Seitz, (614) 466-8258 Rep30@ohiohouse.gov
HB 500/HB 699 House Criminal Justice Committee: Jeff LaRe, Chair, (614) 466-8100 Rep77@ohiohouse.gov
Juvenile Justice Coalition is excited to partner with communities and law enforcement agencies across the state to ensure these standards are incorporated into policy in meaningful and strategic ways. Ohio's youth have rights that must be respected. Together we can make sure they are safe and seen.