McConnell and Grassley's opportunity to lead the way on juvenile justice reform

Senate Majority Leader Mitch McConnell, R-Ky., and Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, are known for having some of the sharpest elbows in the upper chamber. The time has come for both men to take that no-nonsense approach to protect our nation's children.

The Juvenile Justice and Delinquency Prevention Act, first passed in 1974, is a model partnership between the federal government and the state that has served a crucial role in protecting children held by the criminal justice system. Unfortunately, its last iteration was allowed to lapse in 2007 and repeated efforts to reauthorize the legislation have fallen short.

From its outset, the JJDPA mandated that children held solely for "status offenses"—that is, acts that are illegal only because they were committed by someone under the age of 18, such as running away from home, skipping school or breaking curfew—may not be detained in juvenile jails. The law also includes crucial provisions that require minors be separated by "sight and sound" from adult offenders during any detention. Additionally, it calls on states to collect data on observed racial and ethnic disparities.

This is hardly radical legislation. In fact, it long had been a broadly bipartisan proposal and garnered strong support from both sides of the aisle even in just the past two Congresses. Sen. Grassley partnered with a former prosecutor, Sen. Sheldon Whitehouse, D-R.I., to introduce a bipartisan reauthorization bill in the 113th Congress. In the 114th Congress, the House passed a similar measure, H.R. 5963 with a resoundingly bipartisan margin of 382 to 29.

Unfortunately, the Senate version of that bill, S. 1169, was held hostage by Sen. Tom Cotton, R-Ark. Rejecting the established criminal justice research and evidence-based best practices, Cotton insisted the legislation allow for incarceration of 8- and 9-year-olds for running away from home. The objection delayed consideration of the bill, which died in the closing days of the 114th Congress.