What is mandatory bindover?

“Bindover” is the process by which a juvenile court judge transfers a youth’s case to an adult court to be tried and sentenced as an adult. Here in Ohio, the practice of “mandatory bindover” still occurs today - where the court must transfer a child to adult court if certain criteria are met. For kids as young as 14, this means if they are charged with certain crimes, they are automatically tried as an adult in adult court with no discretion on the part of the juvenile judge.

Eliminating mandatory bindover will limit judges to a “discretionary bindover” system, where kids charged with certain crimes must be properly evaluated by a juvenile court judge before a decision is made to bind them over into adult court. Discretionary bindover allows our youth to be seen by factoring in their social history, education, past trauma, family history, and mental health.

For more information, please see our informative Bindover Power Hour about mandatory bindover and its harmful impacts.

Why end mandatory bindover?

Juvenile court is different. Juvenile adjudication is rehabilitative – adult felony sentencing is punitive. Youth in the juvenile justice system are held accountable for their actions while receiving supportive rehabilitation services. Youth in the adult system lack academic, vocational, and skill-building opportunities their counterparts receive in the juvenile justice system.

Ohio has one of the highest racial disparities in mandatory bindover in the US. 

• In 2020, over 80% of Ohio youth bound over to adult court were Black. 

• In Cuyahoga County, over 90% of kids boundover are Black.

Bindover can have devastating and life-long consequences for Ohio youth. 

• Youth incarcerated in adult facilities are:

  • Five times more likely to be sexually assaulted

  • Eight times more likely to die by suicide

  • Two times more likely to be beaten by staff or attacked with a weapon by another incarcerated person

• Youth are often kept in solitary confinement for long periods and experience severe trauma

• Youth in the adult system have nearly double the rate of mental illness (66%) compared to adults in the same system (35%)

Bindover actually increases future reoffending and recidivism - the opposite of rehabilitation and contrary to community wellness.

What can you do:

We can end the outdated, racist, illogical, and damaging process of mandatory bindover permanently in Ohio by telling our legislators to pass legislation to END Mandatory Bindover. And you can help!

Sign this petition – believe in the future of ALL Ohio youth and end mandatory bindover today.