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Vicky Gunderson

Before the Wisconsin State Assembly
Committee on Corrections and the Courts - Assembly Bill 732
April 1, 2010

My name is Vicky Gunderson of Onalaska WI. I appreciate your time today to share our families experience with 17 yr olds being defined as adults in regard to Wisconsin’s criminal justice system. Our firstborn son, Kirk completed suicide while being held in the La Crosse County Jail at the age of 17.

Our son, Kirk turned 17 on June 9, 2005 and 9 days later was incarcerated. Over several years leading up to the incident, Kirk had suffered multiple concussions, and was unable to participate in sports, sports were his passion. He had been working a part-time job, and returned home the evening of June 18th with his girlfriend. He and his girlfriend exchanged words which his father overheard regarding drinking and driving. Shortly thereafter he grabbed a knife from the knife block on the counter and became violent stabbing his Dad and his younger brother.

What we did not know was in the state of Wisconsin, a 17-year-old, no matter what the crime, is considered an adult in the criminal justice system. Although many States allow youth to be prosecuted as adults, Wisconsin is one of only 12 states in which youth under the age of 18 do not have access to the juvenile justice system due to lower ages of juvenile court jurisdiction. Each year, an estimated 200,000 youth are processed in adult criminal court in the United States and, on any given day, an estimated 10,000 youth under the age of 18 are incarcerated in adult facilities - 7,500 in adult jails and an additional 2,500 in adult prisons.

These policies exist despite research that shows that prosecuting children in the adult criminal justice system not only causes harm to these youth, but does not ultimately increase public safety. Reports from the Office of Juvenile Justice and Delinquency Prevention (OJJDP) and the Centers for Disease Control and Prevention (CDC), led by a non-federal Task Force on Community Preventive Services, have shown that prosecuting youth in the adult criminal justice system significantly increases crime. The CDC report found that youth who have been previously tried as adults are, on average, 34% more likely to commit crimes than youth retained in the juvenile justice system and recommended against “laws or policies facilitating the transfer of juveniles from the juvenile to the adult judicial system.” The OJJDP report found that prosecuting youth in the adult criminal system substantially increases recidivism and recommended changing laws to decrease the number of youth transferred to the adult criminal justice system.

Research also shows that youth in adult jails are faced with enormous hardships. First, youth in adult jails are at a high risk of suicide - youth in adult jails are 36 times more likely to complete suicide in an adult jail than in a juvenile detention facility. Second, these youth are at great risk of physical and sexual assault. The National Prison Rape Elimination Commission also recently found that “more than any other group of incarcerated persons, youth incarcerated with adults are probably at the highest risk for sexual abuse” and recommended that youth be housed separately from adults. Third, youth in jails typically do not have access to age-appropriate programming, such as education, mental health programs, or substance abuse treatment, as compared to youth in juvenile facilities.

The statistics for youth prosecuted as adults in Wisconsin are not much different from the national statistics. In Wisconsin, over 5,000 17-year olds were admitted to jails in 2004. A study of 17-year olds prosecuted in the adult system showed that 70% of these youth went on to commit more crimes, compared to a 27% or less recidivism rate for youth retained in the juvenile justice system. The report also found that the youth most likely to commit additional crimes served their sentence in adult jails. Finally, this report found that youth in adult jails in Wisconsin have access to much fewer services and programs than youth in juvenile justice facilities.

I knew none of this information when Kirk was transferred to the adult criminal justice system - I didn’t even know where the jail was and was unfamiliar with the justice system. However, a life lesson immediately began for the Gunderson family, their families, relatives and friends as this research played itself out on our lives.

At 17, Kirk was incarcerated with adults: 20 years old, 35 years old and 65 years old. During his stay, a convicted sex offender on his block approached him, told Kirk “he was going to have him” and then exposed himself. Kirk reported this incident and - instead of having his issues addressed - lost privileges like attending AA and NA meetings and church for the rest of his 4 months in the jail. While in jail, Kirk wanted to continue to work towards his HS diploma, but his education was limited in the adult jail to 4 hours a week compared to approximately 25 hours a week in a juvenile justice center. He also obtained drugs after another inmate advised him to show he was addicted to drugs. When we visited Kirk, he had facial bruising and would not tell us why or how he had been injured for fear of being considered a snitch. We were never provided family time with Kirk - instead doing individual visits through plexiglas three times a week for 20 minutes each - because he was an adult in the court’s eyes. Never once were we able to give Kirk his greatest wish, a hug. Yet the jail contacted us for permission and our insurance to cover the Prozac medication they were prescribing for his depression, and I also picked up the prescriptions and delivered them to the jail as needed.

We were told by the District Attorney that because Kirk’s dad and brother were the victims, their voices would be heard. Our message to the District Attorney and to the justice system was to 1) keep our son safe, he did not have street smarts to be incarcerated with adults, experienced adults, and 2) most importantly, his Dad stated “our family’s boat capsized and the only person not back in the boat is my son, do not let him drown, we want him to be provided treatment and to be held accountable for his actions.”

Instead, the people who were there to provide guidance to Kirk were his fellow inmates. Kirk listened to the “rotating adult cellmates” with their legal advice. He also did not have any body art, or tattoos, so another creative way for the other inmates to spend time was to teach Kirk how to self-tattoo. Unfortunately for Kirk, this art lesson is the reason he took his life by suicide. After being caught with tattoo-related contraband, Kirk hung himself from a smoke detector grill cover in his solitary cell. He left us a note on wet toilet paper that said “I am sorry, 1-4-3 (means I Love You) Family” Kirk had requested to the jail staff several times not to be left alone. However because he had never been a problem or spoke out while there we were told he was a “model inmate”, and he was not taken seriously. As a parent, when your child states they need you, how do you respond?

What price is a child’s life worth? Kirk represented life, even when he was incarcerated, the inmates sent us letters and cards sharing their sympathies and their admiration of Kirk’s love of life and his faith, and what he provided to them in regard to hope.

Today, my hope as Kirk’s Mom is for the legislature in Wisconsin to Raise the Age with AB732. I realize there is a major concern in regard to the funding, however as I stated before, how do we attach a price to life? There is research available which shows the long-term economic benefits far outweigh the short term costs. With rehabilitation, treatment programs, education and hope for our youth, the research indicates the economy will benefit by $1.7 to $3.4 million over the remainder of a youth’s life who does not re-offend.

In conclusion: Kirk kept a journal for a short period of time while he was incarcerated. His words as a 17 yr old, “I’m not in any way trying to degrade the situation. I do fully understand the seriousness of what happened that night. I thank God everyday that my dad and brother are alright. If they weren’t, I don’t think I could find the courage to live with myself. If I were to be sent to prison, it would be difficult for me to mature into a “normal” adult. Still being in my teenage years I am still developing. Being separated from society, I would be at a disadvantage upon my release as I would not know the ways of a functioning adult in society. I would still be a teenager, just in an adult body with adult situations to be responsible for.”

Thank you very much for your time and consideration in regard to AB732. If I can be of further assistance with information, please do not hesitate to contact me.