these criteria, which I apply to myself in the absence of any others provided by the expertise of the specially qualified tribunal, in whose keeping these matters are entrusted, I come to the conclusion that I should not convene as a Juvenile Court, but that the defendant should be held for trial under the regular procedures in the District Court, where rehabilitation programs are provided for adults in his category, such as the Youth Corrections Act.
I am not unmindful that one of the purposes of the Juvenile Court Act is to spare the juvenile the stigma of a criminal record. In this case, if he is treated as an adult offender and should be convicted, he may still escape the burden of a criminal record under the Youth Corrections Act. That Act would seem to be specially tailored for an individual of defendant's type, that is, one who is too mature to derive benefits under juvenile procedure but yet young enough to present possibility of reclamation and rehabilitation by procedures other than those provided older defendants. This defendant would be eligible for sentence under the provisions of the Youth Corrections Act, and if he conducted himself properly he might not only be reclaimed and rehabilitated, but upon his unconditional discharge before the maximum of the sentence imposed, his conviction would be 'automatically' set aside and the record thereof expunged.
Under the humane provisions of this Act, youthful offenders sentenced thereunder are not thrown into contact with hardened criminals, but are kept apart with others of their same age group with a view to their rehabilitation.
I am also not unmindful of the fact that defendant may be in need of psychiatric treatment. If he is and is found not guilty by reason of insanity, he will receive such treatment until he is restored sufficiently to be released safely to society. This would give him no record of a conviction of a criminal offense, and except for the record of being tried in this Court he would be in no different position than if I convened as a Juvenile Court where the only authority which I have found in the statute for psychiatric treatment for juveniles is that contained in 24-301(d), D.C.Code 1961 Ed. This provides that if any person tried in the Juvenile Court for an offense is acquitted solely on the ground that he was insane at the time of its commission, the Court shall order such person to be confined in a hospital for the mentally ill. By coming to this Court, he is entitled to the same treatment if found not guilty by reason of insanity, and in addition to that his treatment may be continued, if necessary, after the age of 21. This would not be possible under a Juvenile Court commitment. If he should be found guilty, instead of not guilty by reason of insanity, and in the event the Court should believe that nevertheless he was in need of psychiatric treatment, that would still be possible by a sentence under the Youth Corrections Act. There are trained psychiatrists in attendance at the correctional institutions thereunder, and I am informed by the probation officer that the psychiatric services therein are adequate and satisfactory.
Fortunately, I am not confronted in this case with a child who has been waived to this Court but who in my judgment should be treated as a juvenile, and who is in need of psychiatric treatment other than that provided for him under Sec. 24-301(d), supra. Although I made repeated inquiries of government counsel as to what I could do in such circumstances in providing psychiatric treatment, I was given no information on the subject by argument or in testimony. Perhaps there is no provision for the treatment of children so situated, as distinguished from diagnosis, which is available under the Legal Psychiatric Services provided in Sec. 24-106, D.C.Code 1961 Ed.; but if there be none, I should suppose that the appropriate authorities would request Congress for relief.
Accordingly the Motion to convene as a Juvenile Court is denied.