Found 247 matches.
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updated Feb 21 NJJN Policy Platform_RaiseTheMinimumAge
Tags: Juvenile Defense and Court Process | Youth in the Adult System
updated Feb 21 NJJN Policy Platform_Raise The MinimumAge, lower age policy platform
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Sticker Shock 2020: The Cost of Youth Incarceration
Tags: Juvenile Defense and Court Process | Youth in the Adult System | Reports | Research | Partner Publications
In 2014, when the Justice Policy Institute first analyzed the cost of secure youth confinement, 33 states and the District of Columbia reported an annual cost per youth that eclipsed $100,000. 1 In 2020, despite more than a half-decade of falling youth arrests and declining rates of youth incarceration since 2014, 40 states and Washington, D.C. report spending at least $100,000 annually per confined child, with some states spending more than $500,000 per youth per year The average state cost for the secure confinement of a young person is now $588 per day, or $214,620 per year, a 44 percent increase from 2014. These cost figures over a six-year period represent the growing economic impact of incarcerating youth. However, the long-term impact of these policies extends well beyond the fiscal cost. Extensive research reveals that secure youth incarceration increases the likelihood of recidivism and harms educational attainment, lifetime wages, and future health outcomes for youth. Additionally, carceral settings have proven to be a primary vector for the spread of the COVID-19 virus. Many jurisdictions have reduced the number of youth detained pre-trial to stem the spread of the virus, either by cutting down the number of youth admitted to detention, or by releasing some young people from confinement; but much more work remains to be done. For example, while admissions to youth detention fell by 50 percent between February and May 2020, rates of release also declined after a brief increase in March.2
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Sign-on Letter to Chairman Nadler Requesting Mark-up of HR 5053 01.14.20
Tags: Federal | Youth in the Adult System
Sign on letter to Judiciary Committee Chair Jerry Nadler requesting a mark-up for H.R. 5053, the Justice for Juveniles Act. The Justice for Juveniles Act would exempt youth from the onerous requirements of the Prison Litigation Reform Act (PLRA) and ensure youth can access justice when they suffer harm.
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NJPC Souls of Young Folk Report
Tags: New Jersey | Racial and Ethnic Disparities | Juvenile Defense and Court Process | Youth in the Adult System | Reports | Member Publications
Every year, over 75,000 children and youth are tried as adults across the country.1 Between 32,000 and 60,000 of those youth are held in adult jails.2 The number of laws providing for the prosecution, incarceration, and sentencing of youth as adults grew substantially in the 1980s and 1990s, including in New Jersey. This brief explores the causes of racial disparities and disproportionality in New Jersey's waiver of black youth to the adult criminal justice system. To analyze potential causes, we reviewed data from the New Jersey Department of Corrections, the Office of the Attorney General, and the New Jersey State Police along with qualitative surveys from incarcerated youth and their families. In addition to data, we gathered historical research on the treatment of black adults and youth in New Jersey and the development of New Jersey's waiver laws over the past thirty-seven years. Our conclusion is that there are a constellation of factors including historical, structural, and implicit bias that contribute to the disproportionate waiver of black youth to the adult system. As a result, the New Jersey Parents' Caucus recommends ending the practice of waiver of youth to the adult system to address the historical, structural, and implicit bias embedded in the waiver process. We recognize that ending youth waiver is a long-term effort; therefore, to start addressing bias immediately, we recommend holding prosecutors accountable for the discretion they wield in transferring youth to the adult criminal justice system. Specifically, there is a need for more detailed data collection, transparency, and oversight to address the ongoing effects of historical, structural, and implicit bias negatively impacting black youth.
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Principles of Effective Juvenile Justice Policy
Tags: Federal | Colorado | District of Columbia | General System Reform | Juvenile Defense and Court Process | Youth in the Adult System | Advocacy | Reports | Member Publications | Partner Publications
The NCSL Juvenile Justice Principles Work Group project was developed under an NCSL partnership with The Pew Charitable Trusts public safety performance project. The work group project responds to the challenge lawmakers face of constructing juvenile justice systems that are both fiscally responsible and improve outcomes on many important fronts: protecting and enhancing public safety, holding youth accountable, helping youth develop the skills they need to succeed, preserving and strengthening families, and promoting fairness. The issues addressed in these Principles reflect the important role of state legislatures in enacting policies that avoid unnecessary involvement of youth in the justice system and support evidence-based interventions that reduce recidivism and protect public safety. While working group members and other lawmakers recognize that confinement may be necessary for youth who commit the most serious crimes and pose the greatest threat to public safety, a major interest of the group was sustaining and reinforcing the current trends of falling juvenile crime and out-of-home placement rates.
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Toolkit: Facility Closure and Strategic Downsizing of Juvenile Justice Systems July 2018
Tags: Federal | Institutional Conditions | Youth in the Adult System | Correctional Education | Administrative/Regulatory Policies | Member Publications
This Toolkit was prepared by the Council of Juvenile Correctional Administrators (CJCA) with additional support from The Pew Charitable Trusts. Many agencies across the country are closing facilities. CJCA members have been informally helping each other through this process and wanted to collect their experiences, resources and advice in one document. In addition to juvenile justice administrators and agency staff, the information here may be useful to legislators, court officers and administrators, leaders of related agencies (e.g., education, health), advocates, and others who may be engaged in the closure process and/or supporting youth and families. This guide is intended to help juvenile justice agencies responsibly and successfully close a facility and consider closure as a component of efforts to safely reduce the use of juvenile justice placement facilities. It also shows how best to manage those closures when they occur, as well as how to redirect facility operational funds to other parts of the system, such as community‐based diversion and/or aftercare services.
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Concerns Over Recent Actions by the Department of Justice and the Office of Juvenile Justice and Delinquency Prevention
Tags: Federal | Deinstitutionalization | Detention | Racial and Ethnic Disparities | Youth in the Adult System | Advocacy | Administrative/Regulatory Policies | Reports | Partner Publications
This backgrounder published by the Campaign for Youth Justice outlines how recent actions taken by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) toward loosening compliance with the Juvenile Justice and Delinquency Prevention Acts (JJDPA) core requirements will be extremely detrimental to young people in contact with the justice system, especially youth of color.
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National Sheriffs’ Association Resolution on Youth Tried as Adults
Tags: Federal | Juvenile Defense and Court Process | Youth in the Adult System | Administrative/Regulatory Policies | Reports
This resolution states the National Sheriffs' Association's support for keeping youth under 18 out of the adult justice system. The group says that the youth justice system should have original and exclusive jurisdiction over cases involving youth under the age of 18, unless there is evidence, reviewed by a judge, that refutes the presumption that a young person can be safely rehabilitated in the youth justice system.
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Ready to Launch: A Campaign Starter Toolkit to Close Youth Prisons
Tags: Federal | Racial and Ethnic Disparities | General System Reform | Juvenile Defense and Court Process | Youth in the Adult System | Advocacy | Member Publications | Partner Publications
This toolkit created by Youth First Initiative can guide you on how to create a strategic plan to run a campaign to promote different initiatives and movement to close youth prisons. Presented to you is step-by-step guidelines to start a campaign from start to finish. It starts with researching and gathering information. Then it’s time to get your voice heard, create workplan and strategic approach, reach out to those of power, develop concrete planes, organize plan, develop campaign, get resources and support you need, use power of public opinion and media, recruit necessary staff, plan and execute post-launch activities.
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CFYJ Youth Transfer Brief
Tags: General System Reform | Youth in the Adult System | Partner Publications
The Importance of Individualized Factor Review.
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Youth Transfer: The Importance of Individualized Factor Review
Tags: Federal | California | Nebraska | New Jersey | Youth in the Adult System | Partner Publications
This publication states facts, reviews and analysis of negative impact as a result of youth incarceration in terms of youth safety and public safety with examples of prosecutorial factors in Nebraska, New Jersey and California. The publication ends with policy recommendations.
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NORCOR_DRO_Don't Look Around-A Window into Inhumane Conditions for Youth ...
Tags: Oregon | Deinstitutionalization | Detention | General System Reform | Juvenile Defense and Court Process | Mental Health and Substance Abuse | Physical Health | Youth in the Adult System | Correctional Education | Reports | Research | Member Publications
The report shows the fact and statistics of youths being incarcerated in correctional facilities in Oregon. Due to the fact that a lot of facilities are not regulated, the safe and humane conditions for youth in such facilities have become a big concern. The lack of oversight and accountability has allowed Northern Oregon Regional Correctional Facility (NORCOR), for example, to neglect the basic mental health and social development needs of kids in custody. Disability Rights Oregon is calling for immediate implementation of the 2016 recommendation by the Oregon State Court Juvenile Justice Mental Health Task Force: that all child-serving systems commit to employing evidence-based, trauma-informed practices and that juvenile detention facilities be regulated and licensed.
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Putting Justice in North Carolina’s Juvenile System
Tags: North Carolina | Family and Youth Involvement | General System Reform | Juvenile Defense and Court Process | Youth in the Adult System | Restorative Justice | Reports | Research | Member Publications
This report by the Youth Justice Project Southern Coalition for Social Justice shows the number and statistics of youths entering the adult court system at an early age. It mentions the Juvenile Justice Reinvestment Act, that, beginning in December 2019, will no longer automatically charge all 16- and 17-year-olds as adults in the criminal system. However, the report further explain the existence of problems in the juvenile justice system that should be improved to treat youths fairly without compromising public safety.
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Raise the Age NY Fact Sheet
Tags: New York | Juvenile Defense and Court Process | Youth in the Adult System | Member Publications | Fact Sheets and Briefs
Bill summary on “Raise the Age” legislation passed in New York on April 10, 2017. Listed are key components within the legislation.
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MERCY Act Letter of Support 2 6 17
Tags: Federal | Detention | General System Reform | International and Human Rights | Juvenile Defense and Court Process | Youth in the Adult System | Advocacy | Administrative/Regulatory Policies | Court Decisions and Related Documents | Legislation | Member Publications | Partner Publications
Letter of support for the MERCY Act. Sponsored by Sen. Cory Booker to protect young people from solitary confinement. Juvenile Law Center.
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Charging Youth As Adults Is Ineffective, Bias-Fraught & Harmful
Tags: California | Brain and Adolescent Development | Collateral Consequences | Crime Data and Statistics | Detention | Racial and Ethnic Disparities | General System Reform | Juvenile Defense and Court Process | Mental Health and Substance Abuse | Positive Youth Development and Strengths-Based Programming | Risk Assessment and Screening | Youth in the Adult System | Victims | Evidence-Based Practices | Legislation | Reports | Research
Prop. 57 passed this past November, one section took away from prosecutors the power to cause a young person to be tried as an adult out, and gave the power back to judges. The report includes disproportionality of race and geography in adult sentencing.
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Juvenile InJustice: Charging Youth as Adults is Ineffective, Biased, and Harmful
Tags: California | Brain and Adolescent Development | Racial and Ethnic Disparities | Positive Youth Development and Strengths-Based Programming | Youth in the Adult System | Restorative Justice | Evidence-Based Practices | Reports | Research | Member Publications
A collaboration of formerly incarcerated youth and their families. Shows the harmful effects and provides recommendations for restorative justice-oriented solutions to improve health outcomes.
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The governor has used his executive powers to help some New Yorkers who committed crimes in their youth
Tags: New York | Community-Based Alternatives and Supervision | Family and Youth Involvement | General System Reform | Juvenile Defense and Court Process | Youth in the Adult System | Advocacy | Media | Reports
Efforts in Justice Reform: Gov. Andrew Cuomo has pardoned more than 100 New Yorkers who turned their lives around after criminal convictions at that young age.
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Bring Our Children Home: Ain't I A Child? (full report)
Tags: New Jersey | Brain and Adolescent Development | Community-Based Alternatives and Supervision | Deinstitutionalization | Racial and Ethnic Disparities | General System Reform | Youth in the Adult System | Member Publications
Extreme racial inequalities persist within New Jersey's juvenile justice system, according to a report from the New Jersey Institute for Social Justice. Includes policy solutions.
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Bring Our Children Home: Ain't I A Child? (policy brief)
Tags: New Jersey | Brain and Adolescent Development | Community-Based Alternatives and Supervision | Deinstitutionalization | Racial and Ethnic Disparities | General System Reform | Youth in the Adult System | Member Publications
Extreme racial inequalities persist within New Jersey's juvenile justice system, according to a report from the New Jersey Institute for Social Justice. Includes policy solutions.
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Parents, advocates plea for changes in Missouri's juvenile justice system
Tags: Missouri | Youth in the Adult System | Advocacy | Media | Presentations
Missouri is one of only seven states in the nation that has not passed a bill to raise the age of juvenile court jurisdiction to 18, according to the Campaign for Youth Justice.
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ACLU FINDS PAROLE NEARLY IMPOSSIBLE FOR PRISONERS WHO COMMITTED SERIOUS CRIMES AS YOUTH
Tags: National | General System Reform | Life Without Parole and Parole Issues | Youth in the Adult System | Partner Publications | Fact Sheets and Briefs
REPORT SHOWS PAROLE BOARDS FAILING TO RELEASE THESE PRISONERS, DESPITE YEARS OF REHABILITATION AND EVIDENCE THAT THEY POSE NO RISK TO SOCIETY
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Indiana Child Re-sentenced for Murder: A sign of Juvenile Justice Reform?
Tags: Federal | Indiana | General System Reform | Youth in the Adult System | Restorative Justice | Media
An article about the shift in American juvenile Justices systems as child advocates calls for restorative justice to better keep children out of the adult system. This includes the passage of Paul's Law.
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Kids in Prison: Getting Tried as An Adult Depends on Skin Color
Tags: New Jersey | Racial and Ethnic Disparities | General System Reform | Youth in the Adult System | Media
Black teenagers in New Jersey are being tried as adults more than any other racial or ethnic group, resulting in harsher treatment and longer sentences. However, as of March 1st, 2016 minors in can not be sent to adult prisons and must at least start their sentences in juvenile facilities, though they may still be prosecuted as an adult.
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The Prosecution of Youth as Adults in California: A 2015 Update
Tags: California | Racial and Ethnic Disparities | Youth in the Adult System | Reports | Fact Sheets and Briefs
A report updates trends in California's use of "direct file", wherein a prosecutor has the ultimate power to file charges against youth as young as 14 years old directly in adult criminal court. Direct filing disproportionately impacts youth of color.
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Righting Wrongs: The Five-Year Groundswell of State Bans on Life Without Parole for Children
Tags: Nevada | West Virginia | National | Brain and Adolescent Development | Racial and Ethnic Disparities | Life Without Parole and Parole Issues | Youth in the Adult System | Reports | Partner Publications
Report from Campaign for Fair Sentencing of Youth highlights recent legislative reforms, some of the key stakeholders involved, and some of the lives impacted by these reforms.
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Do Black Kids Matter In Memphis?
Tags: Tennessee | Racial and Ethnic Disparities | Youth in the Adult System | Media
This article discusses issues of racial inequalities in the Memphis youth criminal justice system and the underlying systematic problems causing youth of color to be treated harshly.
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Stemming the Rising Tide: Racial & Ethnic Disparities in Youth Incarceration and Strategies for Change (Burns Institute)
Tags: National | Community-Based Alternatives and Supervision | Deinstitutionalization | Detention | Racial and Ethnic Disparities | Youth in the Adult System | Restorative Justice | Reports | Partner Publications
Report from Burns Institute documenting racial disparities trends in the juvenile justice system and recommending strategies to address the roots of racial inequities and allow youth of color a chance at restorative justice and greater well being.
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The Prosecution of Youth as Adults: A County-Level Analysis of Prosecutorial Direct File in California and Its Disparate Impact on Youth of Color, Burns Institute
Tags: California | Racial and Ethnic Disparities | Youth in the Adult System | Reports | Partner Publications
Joint report examining the prosecution of youth as adults in California finds: Prosecutors are increasingly using direct file despite plummeting youth crime; racial and ethnic disparities have grown; county-level disparities have led to an inequitable system of "justice-by-geography."
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Vermont - Act 153 (H. 95) - Re: jurisdiction over delinquency proceedings
Tags: Vermont | Brain and Adolescent Development | General System Reform | Institutional Conditions | Youth in the Adult System | Legislation
Act 153 of 2016 relates to jurisdiction over delinquency proceedings by the Family Division of the Superior Court. Among other things, it requires DOC to house offenders under 25 in a separate facility, sets a timetable for raising the age eventually to 18 for all initial filings including felonies (except the "Big 12") into family court, and expands "youthful offender" status available to youth 12-21.
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Vermont - Act 153 (H. 95) - Summary
Tags: Vermont | Brain and Adolescent Development | General System Reform | Institutional Conditions | Youth in the Adult System | Legislation
Act 153 requires DOC to house offenders under 25 in a separate facility, sets a timetable for raising the age eventually to 18 for initial filings including most felonies and moving them into family court; expands "youthful offender" status available to youth 12-21.
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A conservative case to 'raise the age' in Michigan
Tags: Michigan | Youth in the Adult System | Reports
This policy study from R Street makes the case for raising the age in Michigan from a conservative political standpoint.
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Moving Beyond Juvenile "Super-Predator" Rhetoric
Tags: Washington | General System Reform | Youth in the Adult System | Member Publications
Editorial from NJJN member TeamChild refutes "super predator" concept, calls for moving beyond its devastating consequences.
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More Harm Than Good: How Children are Unjustly Tried as Adults in New Orleans
Tags: Louisiana | Youth in the Adult System | Reports | Research | Member Publications
This SPLC report examines the practice of trying youth as adults in New Orleans: Research consistently demonstrates that prosecuting children as adults increases the likelihood that they will end up behind bars again. As a general matter, juvenile transfer also unjustly treats a child as a fully formed adult when science shows that young people's brains -- and their decision-making abilities -- are still developing. The sentences that transferred youth receive in Orleans Parish are often the same as they could have received in the juvenile justice system. But young people in the adult system will serve those sentences without the services offered by the juvenile system -- services that rehabilitate, educate, and prepare them for successful re-entry into the community, even as they are held securely in a juvenile prison.
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No Place for A Child: Direct File of Juveniles Comes at a High Cost; Time to Fix Statutes
Tags: Florida | General System Reform | Youth in the Adult System | Reports | Research
Since 2009, more than 12,000 children have been tried as adults in Florida over the last five years -- 98 percent of these children are "direct filed" in adult court by prosecutors with no hearing, due process, oversight or input from a judge. This policy brief from the James Madison Institute examines the consequences of "direct file" for Florida's youth.
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Policy Brief - No Place for A Child: Direct File of Juveniles Comes at a High Cost; Time to Fix Statutes
Tags: Florida | General System Reform | Life Without Parole and Parole Issues | Youth in the Adult System | Reports
Data reported by the Florida Department of Juvenile Justice shows that most children tried as adults in Florida are charged with non-violent felony offenses, primarily property and drug crimes, or misdemeanors. Moreover, more than 70 percent of children convicted in adult court are sentenced to probation, not prison, calling into question whether a more serious, adult court transfer was necessary in the first place. These facts are reason for concern and highlight the need for change in Florida’s “direct file” system. -
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A Legislated Study of Raising the Age of Juvenile Jurisdiction in Louisiana: The future of 17-year-olds in the Louisiana Justice System
Tags: Louisiana | General System Reform | Youth in the Adult System | Reports
This study, authorized by the Louisiana State Legislature in House Concurrent Resolution No. 73 of the 2015 Regular session, was completed at an expedited pace over a six-month period to meet the deadlines established in the resolution. Three key findings of this study are summarized below. *There is a growing consensus, based on a large body of scientific evidence, that 17-year-olds are developmentally different than adults and should be treated as such. *The last several years of reform in the Louisiana juvenile justice system have created a capacity to accept, manage, and rehabilitate these youth in a manner that will predictably generate better outcomes than the adult system. *The initial impact projections are generally lower than states that have recently gone before Louisiana in raising the age of juvenile jurisdiction, and those states found that the impact on the system was substantially less than first predicted. In fact, states have reported substantial fiscal savings. We have reason to suspect this will be the same for Louisiana.
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Summary of National Standards Restricting the Solitary Confinement of Youth - ACLU
Tags: National | General System Reform | Youth in the Adult System | Administrative/Regulatory Policies | Reports
This document highlights national standards and best practices for juvenile justice settings (including examples from specific systems), as well as mental health and educational facility standards and best practices, and international standards. These standards and best practices, drawn from a range of institutional environments, all apply limitations on the use of solitary confinement for youth.
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FINAL REPORT OF THE GOVERNOR'S COMMISSION ON YOUTH, PUBLIC SAFETY AND JUSTICE: Recommendations for Juvenile Justice Reform in New York State
Tags: New York | Brain and Adolescent Development | Racial and Ethnic Disparities | General System Reform | Youth in the Adult System | Reports
Why “raise the age” now? Numerous developments have converged in recent years to forge a growing consensus for this and related reforms to New York State’s juvenile justice system. In brief, at least seven key developments have brought us to this point where reform is both necessary and possible. Each of these developments is explored in greater detail in this report.
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JJGPS State Scan: U.S. Age Boundaries of Delinquency
Tags: National | Youth in the Adult System | Administrative/Regulatory Policies | Reports
This JJGPS State Scan describes and lists state-based laws and policies regarding the lower and upper ages of juvenile court jurisdiction nationwide.
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YTFG Blueprint for Youth Justice Reform - 2016
Tags: National | Community-Based Alternatives and Supervision | Crossover and Dual Jurisdiction Youth | Deinstitutionalization | Racial and Ethnic Disparities | Family and Youth Involvement | General System Reform | Girls | Juvenile Defense and Court Process | Youth in the Adult System | Partner Publications
The Youth Justice Work Group (YJWG) of the Youth Transition Funders Group (YTFG) envisions a youth justice system that fosters the healthy development and well-being of all children and youth by building upon their strengths, cultivating their relationships with caring adults, supporting their families and communities, and offering them age-appropriate opportunities for future success. We are committed to partnering with the broader community to promote restorative justice, safety, opportunity and positive outcomes for all young people. In order to achieve our vision, and in alignment with YTFG’s Youth Well-Being Framework, we recommend the following 10 Tenets for Youth Justice Reform.
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Zero Tolerance: How States Comply with PREA’s Youthful Inmate Standard
Tags: National | Institutional Conditions | Youth in the Adult System | Reports | Research | Partner Publications
This report explores how states house youth under 18 in prisons in the new age of PREA compliance and enforcement. Furthermore, this report highlights national trends in juvenile arrests, crimes, and incarceration of children in the adult system.
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Justice Redirected: The Impact of Reducing the Prosecution of Children as Adults in Colorado and the Continuing Need for Sentencing Reform
Tags: Colorado | General System Reform | Juvenile Defense and Court Process | Youth in the Adult System | Reports | Research | Member Publications
In 2012, Colorado reformed the way children can be prosecuted as adults by changing the law that previously allowed prosecutors to press charges in adult court without judicial review. The changes to the law reduced the number of children who could be “direct fled,” — or charged — in adult court by the prosecutor, and put in place a system of oversight by allowing a judge to review the prosecutor’s decision to prosecute a juvenile in adult court.
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The Incarceration of Children & Youth in New Jersey's Adult Prison System
Tags: New Jersey | Youth in the Adult System | Member Publications
The New Jersey Parents Caucus (NJPC) created this data brief on youth in the New Jersey adult prison system. Among its key findings were gross racial and ethnic disparities, widespread denial of due process for youth, regular abuse of young people in the system, and overuse of solitary confinement on youth.
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Keep Children Out of Orleans Parish Prison
Tags: Louisiana | Youth in the Adult System | Member Publications
Louisiana Center for Children's Rights. LCCR successfully used this November 2014 publication as part of its successful effort to get a city council resolution that youth transferred to adult court in New Orleans be housed in juvenile detention pre-trial, not adult jail.
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Missouri S.B. 36 -
Tags: Missouri | Institutional Conditions | Mental Health and Substance Abuse | Youth in the Adult System | Legislation
Text of Missouri S.B. 36, 2013, or "Jonathan's Law," which provides new guidelines expanding the possibility of dual jurisdiction for youth in the adult justice system.
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Act-4-JJ Press Release: Bipartisan consensus on strengthening federal law to reduce incarceration, make state juvenile justice systems more fair, improve public safety
Tags: National | Racial and Ethnic Disparities | General System Reform | Status Offenses | Youth in the Adult System | Legislation | Media | Partner Publications
Act-4-JJ's press statement regarding the bill introduced on December 11, 2014 by Sens. Whitehouse and Grassley that would reauthorize the Juvenile Justice Delinquency Prevention Act (JJDPA).
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Bill: Juvenile Justice and Delinquency Prevention Act Reauthorization, December 11, 2014
Tags: National | Racial and Ethnic Disparities | General System Reform | Status Offenses | Youth in the Adult System | Legislation
The content of the bill introduced on December 11, 2014 by Sens. Whitehouse and Grassley that would reauthorize the Juvenile Justice and Delinquency Prevention Act (JJDPA).
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JJDPA Reauthorization Bill - Summary - December, 2014
Tags: Iowa | Rhode Island | National | Racial and Ethnic Disparities | General System Reform | Status Offenses | Youth in the Adult System | Legislation | Reports | Partner Publications
ACT-4-JJ summarizes the content of a bill that would reauthorize the Juvenile Justice Delinquency Prevention Act (JJDPA), introduced by Sens. Whitehouse and Grassley on December 11, 2014.
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Press Release: JJDPA Reathorization Bill, December 2014
Tags: Iowa | Rhode Island | National | Racial and Ethnic Disparities | General System Reform | Status Offenses | Youth in the Adult System | Legislation | Media | NJJN Publications
A joint press release from the National Juvenile Justice Network and the Coalition for Juvenile Justice regarding the December 11, 2014 re-introduction of the Juvenile Justice and Delinquency Prevention Act (JJDPA) by Sens. Whitehouse and Grassley.
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Because Kids are Different: Five Opportunities for Reforming the Juvenile Justice System
Tags: National | Confidentiality | Institutional Conditions | Sex Offender Registries | Youth in the Adult System | Shackling | Partner Publications
This Models for Change document concisely frames five reform policy areas in light of adolescent development: adult transfer, solitary confinement; confidentiality of juvenile records; sex offenses registries; and courtroom shackling.
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Because Kids are Different: Five Opportunities for Reforming the Juvenile Justice System
Tags: National | Brain and Adolescent Development | Confidentiality | Institutional Conditions | Sex Offender Registries | Youth in the Adult System | Shackling | NJJN Publications
This Models for Change document concisely frames five reform policy areas in light of adolescent development: adult transfer, solitary confinement; confidentiality of juvenile records; sex offenses registries; and courtroom shackling.
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Treat Kids as Kids
Tags: California | Deinstitutionalization | Youth in the Adult System | Reports | Member Publications
The California Alliance for Youth and Community Justice penned this report highlighting the risks and dangers of trying, confining, or incarcerating young people in adult courts and prisons. The article offers concrete policy recommendations to ultimately end these practices in California.
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California Requires Incarcerated Individuals under the Age of 22 be Considered for a Lower Security Level Placement
Tags: California | Institutional Conditions | Youth in the Adult System | Legislation
Assembly Bill 1276 requires the Department of Corrections and Rehabilitation to conduct individual assessments of every person under the age of 22 who is entering state prisons and to consider placing these youth at a lower security level than corresponds with their classification level and in a facility that permits increased access to rehabilitation programs. Previously, youth under the age of 22 were routinely sent to the highest security prison yards, known as “level IV” yards. The legislation also allows youth who did not qualify for a lower security level to have their placement reconsidered at their annual review until the age of 25. Assembly Bill 1276 was authored by Assembly Member Richard Bloom, with principal co-author Senator Hancock, sponsored by Human Rights Watch and co-sponsored by the Los Angeles District Attorney’s Office and the Anti-Recidivism Coalition. A.B. 1276 was signed into law on September 26, 2014.
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STATE TRENDS: Updates from the 2013-2014 Legislative Session
Tags: National | Youth in the Adult System | Reports | Partner Publications
The Campaign for Youth Justice recently released this report highlighting the incredible work of advocates, families, youth, and policy makers to decrease the number of children entering into the adult criminal justice system.
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Juveniles in Placement, 2011 (OJJDP)
Tags: National | Deinstitutionalization | Detention | Racial and Ethnic Disparities | General System Reform | Youth in the Adult System | Reports
The Office of Juvenile Justice and Delinquency Prevention provides a detailed picture of youth in both public and private residential placements for the year 2011.
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Revised Guidance on Jail Removal and Separation Core Requirements
Tags: National | Youth in the Adult System | Administrative/Regulatory Policies
OJJDP Publication "Revised Guidance on Jail Removal and Separation Core Requirements" offers new guidance related to the Juvenile Justice and Delinquency Prevention Act's (JJDPA) Sight and Sound Separation requirement for children in adult jails and lockups.
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Branded for Life: Florida’s Prosecution of Children as Adults under its 'Direct File' Statute
Tags: Florida | Youth in the Adult System | Reports
Currently under Florida's "Direct File Statute," whether or not children are tried as adults lies on one single shoulder: the prosecutor. This report highlights the flaws of this statute; one being that the judge does not have the opportunity to review the case and evaluate whether or not the child should be tried as an adult. This one critical decision, could affect the rest of a child's life.
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Youth Behind Bars: Examining the Impact of Prosecuting and Incarcerating Kids in Michigan’s Criminal Justice System
Tags: Michigan | Youth in the Adult System | Reports | Member Publications
This report, from the Michigan Council on Crime and Delinquency (an NJJN member) details the negative effects of adult incarceration on youth in Michigan.
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Youth Offender Accountability and Rehabilitation Act of 2014 (Washington, D.C.)
Tags: District of Columbia | Youth in the Adult System | Legislation
The Youth Offender Accountability and Rehabilitation Act of 2014, introduced by Councilmembers Jim Graham and Tommy Wells, to improve adultification policies in the district.
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Capital City Correction: Reforming DC's Use of Adult Incarceration Against Youth
Tags: District of Columbia | Youth in the Adult System | Member Publications | Partner Publications
This publication, a collaboration between DC Lawyers for Youth and the Campaign for Youth Justice, details Washington D.C.'s use of adult incarceration on young people and outlines arguments against the practice.
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Maryland H.B. 1295, 2014, Juvenile Court Transfers
Tags: Maryland | Youth in the Adult System | Legislation
Maryland H.B. 1295, 2014, repealing laws that prohibited some juvenile court transfers.
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Maryland S.B. 515, 2014, Juvenile Court Transfers
Tags: Maryland | Youth in the Adult System | Legislation
Maryland S.B. 515, repealing laws that prohibit transfers to juvenile court.
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Automatic Adult Prosecution of Children in Cook County, Illinois, 2010-2012
Tags: Illinois | Racial and Ethnic Disparities | Youth in the Adult System | Reports | Member Publications
This publication explores the effects of a 32-year-old Illinois law that requires juveniles accused of the most serious crimes to be charged as adults. The study finds that the law is discriminatory, prevents judges from exercising their judgment and makes it more likely that those who are convicted will commit violent crimes in the future.
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Nevada A.B. 202, 2013
Tags: Nevada | Youth in the Adult System | Legislation
Nevada A.B. 202, 2013, raising the age of juvenile court jurisdiction.
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OJJDP Bulletin: Young Offenders - What Happens and What Should Happen
Tags: National | Youth in the Adult System | Research
This bulletin examines policies that affect young offenders who cross over from the juvenile to the criminal justice system.
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Oregon H.B. 4037 (2014)
Tags: Oregon | Youth in the Adult System | Legislation
Text of a bill drafted by the Partnership for Safety and Justice regarding the immediate transfer of youth convicted as adults to a youth facility rather than being processed through an adult facility.
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USA Today: N.Y., N.C. consider changes to juvenile justice laws
Tags: North Carolina | New York | Youth in the Adult System | Media
USA Today article discussing New York and North Carolina's struggle to raise the age of adult court jurisdiction from 16.
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State Trends: Legislative Victories from 2005-2010, Removing Youth from the Adult Criminal Justice System
Tags: National | Youth in the Adult System | Partner Publications
This publication from the Campaign for Youth Justice collects and summarizes legislative victories regarding the removal of youth from the adult criminal justice system from 2005-2010.
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State Trends: Legislative Victories from 2011-2013, Removing Youth from the Adult Criminal Justice System
Tags: National | Youth in the Adult System | Partner Publications
This publication from the Campaign for Youth Justice collects and summarizes legislative victories regarding the removal of youth from the adult criminal justice system from 2011-2013.
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Performance-Based Standards: Reducing Isolation and Room Confinement
Tags: National | Institutional Conditions | Youth in the Adult System | Reports
This Performance-Based Standards report finds that isolation should only be used in extreme circumstances for youth, and even in those circumstances should be brief and supervised. This report outlines the harms that come to youth in isolation, and encourages the reduction of this practice.
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Michigan Establishes Indigent Defense Commission, H.B. 4529
Tags: Michigan | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
The Michigan Legislature created an independent and permanent Michigan Indigent Defense Commission to identify and encourage best practices for defending indigent individuals and to establish, enforce, and oversee statewide public defense standards. In establishing and overseeing the standards, the commission is to emphasize the importance of indigent defense for youth under age 17 who are tried and sentenced in adult criminal court (in Michigan, all youth 17 and older are automatically tried as adults). The legislation notes the importance of lowering caseloads, proper training, continuous representation by the same attorney throughout an individual’s case, and oversight of representation. The law does not apply to youth tried in juvenile court. H.B. 4529/Act No. 93, signed into law and effective July 1, 2013.
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Missouri Expands Program Allowing Certain Youth Convicted as Adults to Receive Juvenile Disposition, S.B. 36
Tags: Missouri | Crossover and Dual Jurisdiction Youth | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
Stemming from the tragic suicide of a 17-year-old boy who had been sentenced as an adult, was held in isolation in an adult prison, and was awaiting transfer to a notoriously abusive adult prison, the Missouri Legislature passed Jonathan’s Law, which expands the availability of Missouri’s dual jurisdiction program for youth convicted as adults. The dual jurisdiction program allows youth convicted as adults to have their adult criminal sentence suspended and to instead receive a juvenile disposition. The law requires judges to consider giving a juvenile disposition to youth who have been convicted as adults; if judges choose not to give a juvenile disposition—despite acceptance of the youth by the Division of Youth Services (DYS)—they must make findings on the record as to their reasons for imposing an adult sentence. All judges in Missouri must also now order a DYS evaluation for youth who are transferred to adult court to help give all youth an opportunity to qualify for the dual jurisdiction program. The law extends the age of eligibility for the dual jurisdiction program from 17 years to 17 years and six months, helping to ensure youth are not deprived of the option simply because of delays inherent to the court system. Additionally, the law removes the “once an adult, always an adult” for youth who were transferred to adult court, but not convicted. S.B. 36, signed into law June 12, 2013; effective August 28, 2013.
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Nevada Curbs Laws Treating Youth as Adults
Tags: Nevada | Youth in the Adult System | Legislation
Nevada raised the age at which youth may be automatically transferred to adult court for murder or attempted murder from 14 to 16. However, the law simultaneously lowers the age for prosecutorial transfer of felonies from 14 to 13. The law also allows youth charged as adults to petition the court to be held in juvenile facilities while awaiting trial. Lastly, the law creates a task force to study best practices for prosecuting youth as adults and the costs and benefits of such policies. The task force is to present its recommendations to the legislature in 2015. A.B. 202/Act No. 483, signed into law June 11, 2013; effective July 1, 2013, October 1, 2013 and October 1, 2014.
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Oregon Continues to Limit Placement of Youth in Adult Facilities, H.B. 3183
Tags: Oregon | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
A new law in Oregon authorizes the county sheriff to send a youth sentenced to the custody of the Department of Corrections directly to a youth correctional facility if the youth was under 20 years of age at the time of sentencing and under 18 years of age at the time of the offense. The change allows youth to bypass adult intake. The law follows on the heels of H.B. 2707, passed in 2011, which established juvenile detention facilities as the default place of pre-trial confinement for youth who are facing adult criminal charges. H.B. 3183, signed into law and effective June 11, 2013.
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Older Youth Held in Adult Jails for Probation Violations are Protected from Longer Stays
Tags: Nevada | Youth in the Adult System | Legislation
A law limiting the length of detention to 30 days for youth under the age of 18 who violate probation now also applies to youth between the ages of 18 and 21 who have been placed on juvenile probation or parole and are being held in adult county jail. A.B. 207/Act No. 422, signed into law June 6, 2013; effective October 1, 2013.
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Delaware Eliminates Juvenile Life Without Parole, S.B. 9/Act No. 37
Tags: Delaware | Juvenile Defense and Court Process | Life Without Parole and Parole Issues | Youth in the Adult System | Court Decisions and Related Documents | Legislation
Delaware modified its juvenile sentencing laws in order to bring them into compliance with the Miller v. Alabama U.S. Supreme Court decision. The law eliminates the sentence of juvenile life without parole and replaces it with a sentence of 25 years to life for convictions of first degree murder. The law allows anyone sentenced to more than 20 years in adult prison as a juvenile to petition for sentence modification. Such reviews must take place no later than 30 years into a sentence for first degree murder convictions and after 20 years for all other cases. The bill applies retroactively, applying to anyone serving a life without parole sentence for an offense committed before he or she turned 18. S.B. 9/Act No. 37, signed into law and effective June 4, 2013.
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Sexual Victimization in Prisons and Jails, Reported by Inmates 2011-12
Tags: National | Youth in the Adult System | Reports | Research
This Bureau of Justice Statistics report uses data gathered from interviews with prison and jail inmates to determine the prevalence of sexual victimization in prisons and jails. The report includes specific statistics on the incidence of sexual victimization among incarcerated youth, aged 16-17.
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Task Force Recommends Expanding Jurisdiction of Juvenile Court to Limit Number of Youth Charged as Adults
Tags: Maryland | Youth in the Adult System | Legislation
The Maryland legislature established a Task Force on Juvenile Court Jurisdiction to study current laws relating to juvenile court jurisdiction and review research on best practices. The task force’s report, issued in December 2013, focuses on youth who are transferred to the adult system upon being charged with an offense that is automatically excluded from juvenile court jurisdiction. The report makes two recommendations: 1) completion of an analysis of the capital, programmatic, and staffing needs associated with a possible expansion of juvenile court jurisdiction, and 2) a revision of current law to expand juvenile court jurisdiction in certain specific situations, allowing such youth to request transfer from adult court back to juvenile court. H.B. 786/Act No. 639, signed into law May 16, 2013; effective June 1, 2013.
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Missouri: Justice Rationed, An Assessment of Access to Counsel and Quality of Juvenile Defense Representation in Delinquency Proceedings
Tags: Missouri | Juvenile Defense and Court Process | Youth in the Adult System | Reports | Partner Publications
The National Juvenile Defender Center provides policy makers and juvenile defense leaders with the tools to identify system barriers to quality representation in delinquency proceedings, highlights best practices and provides recommendations for implementation strategies for improving Missouri's indigent defense delivery system.
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2013 Juvenile Justice Reform Legislation: House Bill 242, JustGeorgia Summary
Tags: Georgia | Family and Youth Involvement | Juvenile Defense and Court Process | Mental Health and Substance Abuse | Youth in the Adult System | Court Decisions and Related Documents | Legislation | Member Publications
JustGeorgia provides a detailed summary of the changes to Georgia's juvenile code enacted through H.B. 242.
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Reforming Juvenile Justice: A Developmental Approach
Tags: Federal | National | Brain and Adolescent Development | Deinstitutionalization | Family and Youth Involvement | General System Reform | Status Offenses | Youth in the Adult System | Reports | Research
The National Research Council's report brief combines a summary of new research in adolescent developmental psychology with an evaluation of reigning policies in juvenile justice. Based on these materials, the NRC makes recommendations for juvenile justice policy reform.
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Colorado Retains Youthful Offender System to Help Limit Placement of Youth in Adult Prisons, S.B. 216/Act No. 171
Tags: Colorado | Detention | Youth in the Adult System | Legislation
Colorado reenacted a law making young adults eligible for the Youthful Offender System, which had been repealed in October 2012 due to a sunset provision. A “young adult offender” is a person who is at least 18 years of age but under 20 years of age at the time the crime is committed, and under 21 years of age at the time of sentencing. Such youth may be sentenced to the Youthful Offender System for convictions of certain felonies, rather than being sent to adult prison. The Youthful Offender System is a facility within the adult Department of Corrections (DOC) that includes a high school, vocational programming, and more services than are available in adult prison. The law also mandates that the DOC implement policies to comply with the Federal Prison Rape Elimination Act (PREA) in order to provide better protections for youth under 18 in prison. S.B. 216/Act No. 171, signed into law and effective May 10, 2013.
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To Punish A Few: Too Many Youth Caught in the Net of Adult Prosecution
Tags: National | Brain and Adolescent Development | Racial and Ethnic Disparities | Youth in the Adult System | Reports | Research | Partner Publications
This 2007 report from the Campaign for Youth Justice highlights some of the consequences of prosecuting and detaining youth through the adult criminal justice system. The report explores the consequences of transfer for public safety, the costs of prosecuting youth as adults, the lengthy prison sentences faces by juveniles convicted as adults in states with strike laws, the developmental differences between children, teenagers and adults, the disproportionate representation of youth of color in both the adult and juvenile justice systems, and the incarceration of youth in adult detention facilities.
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Indiana Legislature Creates Sentencing Alternatives for Youth in the Adult System
Tags: Indiana | Youth in the Adult System | Legislation
Indiana created new sentencing alternatives for youth who have been waived to adult criminal court or who are tried as adults under the direct file statute. The court may now sentence youth in the criminal division, suspend the criminal sentence, and place the youth in the Division of Youth Services, making completion of placement in a juvenile facility a condition of the suspended criminal sentence. Prior to this law, youth transferred to adult court could not be placed in a juvenile facility. After the youth turns 18, the court must hold a review hearing prior to his or her 19th birthday to decide whether to continue the youth in juvenile placement (until age 21 at the latest), discharge the youth because sentencing objectives have been met, carry out the remaining sentence in an adult facility, or place the youth in an alternative sentencing program such as probation, home detention, or community corrections. H.E.A 1108/P.L. 104-2013, signed into law April 29, 2013; effective July 1, 2013.
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Youth in Adult Court Gain Deferred Sentencing Option, S.F. 288
Tags: Iowa | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
Iowa passed legislation allowing deferred sentences for youth in adult court. The court may suspend the sentence in whole or in part, including any mandatory minimum sentences, pending successful completion of probation. Youth who are charged with the most serious felonies are not eligible for deferred sentences. Such deferred sentences are an option for youth even in situations where they are not available for adults convicted of the same offenses. S.F. 288/Act No. 42, signed into law April 24, 2013; effective July 1, 2013.
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Older Youth Charged as Adults May Be Held in Juvenile Facilities, Rather than Adult Prisons
Tags: Maine | Youth in the Adult System | Legislation
Maine passed legislation to allow youth convicted as adults who are between the ages of 18 and 26 to be held in juvenile facilities, rather than adult prisons. Such youth must be separated by sight and sound from the rest of the population at the juvenile facilities. The law was passed in order to serve older youth in a more rehabilitative way. The change also facilitated the closure of an adult facility and more efficient use of one of the state’s two juvenile facilities. S.P. 133/Act No. 28, signed into law and effective April 9, 2013.
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Utah Amends Provisions for Judicial Transfer of Youth, H.B. 105
Tags: Utah | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
In an effort to limit the number of youth transferred to adult court, a new Utah law prohibits a judge from transferring a youth to adult court if there is clear and convincing evidence that such transfer would be contrary to the best interest of the youth and the public. The youth may present evidence and, in making his or her determination whether to transfer a youth, a judge must consider two new factors: the number and nature of the youth’s prior adjudications in juvenile court and whether public safety would be better served by keeping the youth in juvenile court or transferring the youth to adult court. H.B. 105/Act No. 186, signed into law March 27, 2013; effective May 14, 2013.
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Wyoming Requires Law Enforcement to Notify Parents When Issuing Citations to Youth, H.B. 175
Tags: Wyoming | Juvenile Defense and Court Process | Status Offenses | Youth in the Adult System | Legislation
Wyoming state law now requires law enforcement to attempt to notify parents and guardians of youth who are issued citations for a violation of state or federal law or municipal ordinances. The law is an attempt to address the problem of many youth being issued citations and sent to adult court—the default court for most misdemeanors and violations in Wyoming—without their parents or guardians ever receiving notice. H.B. 175, signed into law March 7, 2013; effective July 1, 2013.
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Letter on the Incarceration of Youth in US Adult Prisons, Human Rights Watch
Tags: Youth in the Adult System | Testimony
Human Rights expert letter to the Inter-American Commission on Human Rights (Org. of American States) on the incarceration of youth under18 in adult prisons in the United States.
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Raising the Age of Juvenile Court Jurisdiction: the Future of 17-year-olds in Illinois' Justice System
Tags: Illinois | Fiscal Issues and Funding | General System Reform | Youth in the Adult System
In this report, the Illinois Juvenile Justice Commission documents how Illinois ended the automatic prosecution of all 17-year-olds charged with misdemeanors, improving public safety and decreasing long-term costs. The Commission recommends doing the same with 17-year-olds charged with felonies.
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Transfer of Juveniles to Adult Court: Effects of a Broad Policy in One Court
Tags: Youth in the Adult System | Reports
New findings suggest that adult transfer of youth does not necessarily reduce the likelihood that youth will commit criminal acts, makes inevitable the chances that children and teens will be victimized by older inmates, and disrupts their development.
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Policy Reforms on Juvenile Justice: Successful Campaigns, Strategies, and Tactics
Tags: Public Opinion and Messaging | Youth in the Adult System | Partner Publications
A slide presentation reviewing the state of youth incarcerated in adult facilities in the U.S.; reviews elements of successful campaigns to push legislative reform for these young people in the justice system.
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Keeping Youth Out of Adult Jails and Prisons: New Opportunities Through State Policy Changes and New Federal Regulations
Tags: Youth in the Adult System | Partner Publications
This policy brief focuses on the major reasons why youth should be removed from adult facilities and provides recommendations for policy reforms, resources and next steps.
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Snapshot of National Organizations’ Policy Statements on Youth in the Adult Criminal Justice System
Tags: Youth in the Adult System | Reports | Partner Publications
An overview of the major policy statements of juvenile and criminal justice system stakeholder groups and professional associations and examples of statements advancing removal of youth from adult jails and prisons and reducing the prosecution of youth in adult court.
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Youth in the Adult Criminal Justice System
Tags: Youth in the Adult System | Reports | Partner Publications
This policy brief showcases the latest data about youth in the adult criminal justice system, key arguments for reform and recommendations for change.
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Growing Up Locked Down: Youth in Solitary Confinement in Jails and Prisons Across the United States
Tags: Institutional Conditions | Youth in the Adult System | Reports
A report from the Human Rights Watch and the American Civil Liberties Union on the dangers of the practice of solitary confinement; it includes interviews from individuals held in solitary confinement and prison and jail officials, as well as quantitative data and the advice of experts.
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Families Unlocking Futures: Solutions to the Crisis in Juvenile Justice (Executive Summary)
Tags: Racial and Ethnic Disparities | Family and Youth Involvement | General System Reform | Institutional Conditions | Juvenile Defense and Court Process | Youth in the Adult System | Partner Publications
Executive summary of report from Justice for Families and DataCenter, based on more than 1,000 surveys and 24 focus groups with families of youth who have been in the justice system. The report shows the many ways justice systems have failed youth, families and communities and proposes solutions for transforming youth justice to help our youth succeed and keep our communities safe.
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Families Unlocking Futures: Solutions to the Crisis in Juvenile Justice (full)
Tags: Family and Youth Involvement | General System Reform | Institutional Conditions | Juvenile Defense and Court Process | School-to-Prison Pipeline | Youth in the Adult System | Partner Publications
Report from Justice for Families and DataCenter, based on more than 1,000 surveys and 24 focus groups with families of youth who have been in the justice system. The report shows the many ways justice systems have failed youth, families and communities and proposes solutions for transforming youth justice to help our youth succeed and keep our communities safe.
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Appeals Court Rules that Transfer to Adult Facility without Due Process Violates Youth’s Rights, State of New Jersey in the Interest of J.J., A-2357-11T2
Tags: New Jersey | Juvenile Defense and Court Process | Youth in the Adult System | Court Decisions and Related Documents
New Jersey law permits youth aged 16 or older to be transferred from a juvenile facility to an adult facility if the youth’s “continued presence in the juvenile facility threatens the public safety, the safety of [other confined youth], or the ability of the commission to operate the program in the manner intended.” The state maintained that such youth could be transferred without any due process, and transferred the youth in this case without any prior notice to him, his family, his attorney, or the juvenile judge. However, the appellate court disagreed and invalidated the transfer, holding that, given the adult prison’s focus on punishment and security, rather than rehabilitation, youth must be provided due process—including written notice of the transfer with the supporting factual basis, the opportunity to be heard and present opposition, some form of representation, and written findings of fact supporting the decision to proceed with the transfer. State of New Jersey in the Interest of J.J., A-2357-11T2, decided August 28, 2012.
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Ohio Addresses Collateral Consequences for Youth, S.B. 337
Tags: Ohio | Collateral Consequences | Youth in the Adult System | Legislation
The Ohio General Assembly passed a bill focused on reducing collateral consequences for both adults and youth involved in the juvenile and adult criminal justice systems. For youth, the law expands eligibility and shortens the timeframe for the expungement of some youth’s juvenile court records, and creates a presumption that youth transferred to adult court be held in juvenile detention facilities instead of adult jails. The law also guarantees that youth who are confined pre-adjudication receive credit toward their sentences for time served in locked facilities. Unfortunately, the original law and subsequent amendments expanded the type of juvenile court records that can be released for certain criminal records checks. S.B. 337/Act No. 131, signed into law June 26, 2012; effective September 28, 2012.
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Miller v. Alabama 567 U.S. ___ (2012)
Tags: Federal | Life Without Parole and Parole Issues | Youth in the Adult System | Court Decisions and Related Documents
The Court held that the Eighth Amendment’s prohibition against cruel and unusual punishment forbids the mandatory sentencing of life in prison without the possibility of parole for juvenile homicide offenders.
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Connecticut Removes Some Roadblocks to Keeping Youth in Juvenile Court, H.B. 6001/Act No. 12-1
Tags: Connecticut | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
Connecticut state law requires youth 14 and older charged with Class A or B felonies to be transferred to adult court, but a youth charged with a Class B felony may be sent back to juvenile court if both the prosecutor and defense counsel agree that the youth would be better served there. Prior to new legislation, the prosecutor had only 10 days to file a motion to transfer a youth back to juvenile court; the legislation eliminates the 10-day limit. For youth charged with other felonies, the law moves discretionary transfer hearings out of adult court and back to juvenile court. A court may only transfer such a case if “the best interests of the child and the public” will not be served by keeping the case in juvenile court. In making this finding, the court must consider the existence and seriousness of any prior offenses, any evidence of mental illness or intellectual disability, and the availability of appropriate services in juvenile court. H.B. 6001/Act No. 12-1, signed into law June 15, 2012; effective October 1, 2012.
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Colorado Softens Sentencing Options for Certain Youth, H.B. 1310/Act No. 268
Tags: Colorado | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
A new Colorado law extends the time period for deferral of adjudication of a youth for a sex offense from one year to two years, with the option to extend it to five years with good cause shown. The extension allows more time for youth to complete sex offender treatment. Additionally, deferred adjudications are eligible for expungement, despite a general state prohibition on expungement of records of sex offenses. The law also establishes a new “aggravated juvenile offender” provision, which allows consecutive sentencing in juvenile court of youth adjudicated for first and second degree murder. The law provides an alternative to prosecuting such youth in adult criminal court—youth who are classified as aggravated juvenile offenders remain in juvenile facilities until the age of 21. At age 20 ½, a hearing is held at which a judge decides how the sentence should be managed and whether the youth should be released or transferred to an adult facility, program, or parole. H.B. 1310/Act No. 268, signed into law June 7, 2012; effective June 12, 2012.
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Youth Transferred Back to Juvenile Court Become Eligible for Expungement of Criminal Records
Tags: Maryland | Confidentiality | Youth in the Adult System | Legislation
Maryland amended its expungement provisions to allow youth transferred or “reverse waived” from adult court back to juvenile court for disposition at sentencing to file a petition for expungement and the court is required to grant it. Previously, youth could only file to expunge criminal charges when they were reverse waived to juvenile court prior to trial . S.B. 678/Act No. 563, signed into law May 22, 2012; effective October 1, 2012.
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Prison Rape Elimination Act of 2003 Final Rule
Tags: Federal | Institutional Conditions | Youth in the Adult System | Administrative/Regulatory Policies | Reports
The Department of Justice released the final rule to prevent, detect and respond to prison rape in accordance with the Prison Rape Elimination Act of 2003.
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IACHR Report on Admissibility: Juvenile Offenders Sentenced to Life Imprisonment Without Parole
Tags: International | Michigan | Life Without Parole and Parole Issues | Youth in the Adult System | Reports
A report on admissibility filed by the Inter-American Commission on Human Rights (IACHR) in which the IACHR agrees to hear the petition filed on behalf of Michigan youth sentenced to life without parole.
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Legislature Mandates Examination of Detention Practices in Maryland
Tags: Maryland | Community-Based Alternatives and Supervision | Youth in the Adult System | Legislation
Maryland passed legislation requiring the Department of Juvenile Services (DJS) to report on how it will work to ensure that youth charged as adults can be detained within juvenile facilities and how it will reduce the overall number of youth held in detention. DJS’ report, submitted in December 2012, discussed its work with the Juvenile Detention Alternatives Initiative to reduce reliance on detention, use of prevention and diversion services, use of an objective risk assessment instrument to guide detention decisions, and efforts to reduce the numbers of youth held in detention while pending placement. H.B. 1122/Act No. 416, signed into law May 2, 2012; effective July 1, 2012.
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Mississippi Removes Youth from Walnut Grove Correctional Facility and Creates Youthful Offender Unit for Youth Convicted as Adults, H.B. 523
Tags: Mississippi | Brain and Adolescent Development | Detention | Institutional Conditions | Youth in the Adult System | Court Decisions and Related Documents | Legislation
After Mississippi advocates filed a class-action lawsuit against the Walnut Grove Correctional Facility over conditions of confinement, provisions of a subsequent settlement agreement were incorporated into state legislation. In addition to the lawsuit, the facility was simultaneously subject to a U.S. Department of Justice investigation, which found that the conditions at Walnut Grove violated the constitutional rights of youth. The investigation revealed that staff engaged in sexual misconduct with youth, used excessive force, and were deliberately indifferent to the risk of harm youth posed to one another, youth’s mental health needs, and youth’s serious medical needs. The legislation required youth under 22 years old to be removed from Walnut Grove and directed the Department of Corrections (DOC) to establish a youthful offender unit to house youth 17-years-old and younger who have been convicted as adults; youth ages 18 or 19 may also be housed in the Youthful Offender Unit at the discretion of the DOC Commissioner. The Youthful Offender Unit opened in December of 2012; youth housed there must have interactive, structured rehabilitative and/or educational programming and recreational and leisure activities outside of their cells. All programming must be tailored to the developmental needs of adolescents. H.B. 523/Act No. 489, signed into law and effective April 26, 2012.
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Colorado Limits Direct Filing of Juvenile Cases in Adult Court, H.B. 1271/Act No. 128
Tags: Colorado | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
Colorado amended its current law to limit the direct filing of juvenile cases in adult court. Prior law gave unilateral discretion to prosecutors to select certain youth for prosecution in adult criminal court, with no right to judicial review at any stage of the case. The new law raises the minimum age for direct file from fourteen to sixteen and limits the offenses eligible for direct file to only the most serious crimes (Class 1 and 2 felonies, sexual assault, and violent crimes) and repeat offenses. The new law also provides all youth whose cases are direct filed with the right to request a reverse transfer back to juvenile court. Lastly, the legislation reforms sentencing provisions to eliminate mandatory minimums for mid-level crimes of violence and require all youth convicted of misdemeanors to receive a juvenile disposition. H.B. 1271/Act No. 128, signed into law and effective April 20, 2012.
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Transfer of Juveniles to Criminal Court is Not Correlated with Falling Youth Violence
Tags: Arizona | California | Florida | Ohio | Oregon | Washington | Youth in the Adult System | Reports
Jeffrey Butts of the John Jay College of Criminal Justice points out that the increase in juvenile transfers to adult court is not correlated with the fall in youth violence seen over the past six years.
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Colorado Requires Youth Charged as Adults to Be Held in Juvenile Facilities Prior to Trial, H.B. 1139/Act No. 18
Tags: Colorado | Detention | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
Colorado amended its statute concerning pretrial detention of youth prosecuted as adults. Existing law provided youth with the right to a hearing to determine whether the youth’s immediate welfare or the protection of the community required that the youth be detained. Now, if the court determines after such a hearing that a youth must be detained, Colorado law requires that all youth charged as adults to be held in juvenile detention facilities rather than adult jails or pretrial facilities. Youth may only be transferred to adult jail upon petition by the juvenile facility and a court hearing. H.B. 1139/Act No. 18, signed into law and effective on March 15, 2012.
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Re-Directing Justice: The Consequences of Prosecuting Youth as Adults and the Need to Restore Judicial Oversight
Tags: Colorado | Youth in the Adult System | Reports
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Executive Summary-- Re-Directing Justice: The Consequences of Prosecuting Youth as Adults and the Need to Restore Judicial Review
Tags: Colorado | Youth in the Adult System | Reports
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Amicus Brief in Support of Petitioners (Miller v. Alabama and Jackson v. Hobbs)
Tags: Federal | Alabama | Arkansas | Life Without Parole and Parole Issues | Youth in the Adult System | Court Decisions and Related Documents
Juvenile Law Center and National Juvenile Defender Center, NJJN partners, filed an amicus brief in support of protecting youth from life sentences.
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Jackson v. Hobbs - Brief for Petitioner
Tags: Federal | Arkansas | Life Without Parole and Parole Issues | Youth in the Adult System | Court Decisions and Related Documents
Brief for Petitioner, Kuntrell Jackson, in the case of Jackson v. Hobbs. Also see, Miller v. Alabama.
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Miller v. Alabama - Brief for Petitioner
Tags: Federal | Alabama | Life Without Parole and Parole Issues | Youth in the Adult System | Court Decisions and Related Documents
Brief for Petitioner Evan Miller in the case of Miller v. Alabama. Also see Jackson v. Hobbs.
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You're An Adult Now: Youth in Adult Criminal Justice Systems
Tags: Youth in the Adult System
Juveniles confined in a system created for adults can face even greater challenges than those confined in the juvenile justice system. The National Institute of Corrections compiled these findings which shed light on the nearly 250,000 youth who end up in the adult criminal system each year.
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Trying Juveniles as Adults: An Analysis of State Transfer Laws and Reporting
Tags: Federal | Youth in the Adult System | Reports
In the 1980s and 1990s, legislatures in nearly every state expanded transfer laws that allowed or required the prosecution of juveniles in adult criminal courts. This bulletin, which is part of the Juvenile Offenders and Victims National Report Series, provides the latest overview of state transfer laws and practices and examines available state-level data on juveniles adjudicated in the criminal justice system.
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Misguided Measures: The Outcomes and Impacts of Measure 11 on Oregon's Youth, Campaign for Youth Justice and Partnership for Safety and Justice
Tags: Oregon | Youth in the Adult System | Reports
In 1994, Oregon voters passed Measure 11, which imposed long mandatory minimum sentences for certain crimes and required that youth charged with those crimes be automatically prosecuted as adults. Misguided Measures: The Outcomes and Impacts of Measure 11 on Oregon's Youth, co-released by the Campaign for Youth Justice and NJJN member Partnership for Safety and Justice, reviews the way Measure 11 has affected juvenile crime in the 15 years since it was enacted.
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Ohio Passes Juvenile Sentencing Reform Bill, H.B. 86
Tags: Ohio | General System Reform | Mental Health and Substance Abuse | Youth in the Adult System | Legislation
Ohio’s new juvenile sentencing reform bill explicitly supports research-informed, outcome-based programs and services; allows judges to consider early release opportunities throughout a youth’s commitment, including youth serving mandatory sentences; revises mandatory sentencing guidelines for youth to allow for judicial discretion in instances where the youth was not the main actor; adopts uniform competency standards for all delinquency proceedings; establishes a reverse waiver provision that makes it possible for young people automatically transferred to adult court to return to juvenile court at the discretion of the judge; and creates a temporary interagency task force to make recommendations to the legislature for addressing the needs of delinquent youth with significant mental health issues.
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North Carolina Provides for Expungement of Youthful Offender Criminal Records, S.B. 397
Tags: North Carolina | Collateral Consequences | Confidentiality | Youth in the Adult System | Legislation
North Carolina law now provides for expungement of criminal records for 16- and 17-year-olds charged as adults who are first-time offenders.
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Texas Increases Protections for Youth Transferred to Adult System, S.B. 1209
Tags: Texas | Youth in the Adult System | Legislation
A Texas law requires that the sight and sound protections for youth in the juvenile system also now apply to youth under age 17 who are tried as adults; all such youth must be separated by sight and sound from adults in the same facility. Additionally, the law mandates that counties develop policies specifying whether certain transferred youth under 17 years of age may be held pre-trial in a juvenile detention facility, rather than an adult jail. Prior to the change, counties were prohibited from holding transferred youth in juvenile detention facilities.
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Pass HB 2904: HB 2904 Creates a 'Second Look' for Youth Treated as Adults in Our Criminal Justice System, Partnership for Safety and Justice
Tags: Oregon | Youth in the Adult System | Reports
Fact sheet on legislation that would allow youth who have served half of their sentence the opportunity to go back before a judge. Second Look recognizes that youth can and do change and transform themselves and therefore the system of justice should not be static and inflexible.
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Pass SB 1014: SB 1014 Creates an Automatic Hearing Before Treating Youth as Adults in Our Criminal Justice System, Partnership for Safety and Justice
Tags: Oregon | Youth in the Adult System | Reports
Fact sheet on legislation that would allow youth charged with a Measure 11 crime to receive a hearing so that a judge can determine whether adult court is the best approach for accountability, public safety, and the rehabilitation of the juvenile or whether being sent to juvenile court would deliver the best results.
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Youth Charged as Adults in Minnesota May Be Held in Juvenile Detention Facilities, H.F. 229
Tags: Minnesota | Youth in the Adult System | Legislation
Youth charged as adults in Minnesota may now be held in secure juvenile detention facilities, pending the outcome of the criminal proceedings against them. The change will help keep some youth out of adult facilities prior to a conviction or acquittal.
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Oregon Retains Pretrial Youth in Juvenile Facilities, Ohio, H.B. 2707
Tags: Oregon | Detention | Youth in the Adult System | Legislation
Ensures that youth charged as adults are held in juvenile detention pre-trial, rather than adult jails.
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Youth in Oregon Must Be Held in Juvenile Detention Pre-Trial, Rather than Adult Jails, H.B. 2707
Tags: Oregon | Detention | Youth in the Adult System | Legislation
An Oregon law makes juvenile detention the default place to hold youth charged as adults pre-trial. The bill addressed a glaring inconsistency in Oregon law, through which such youth were to be held in adult jail before trial and in youth facilities after conviction.
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Bed Space Forecast for Baltimore Youth Detention Facility - NCCD
Tags: Maryland | Youth in the Adult System | Reports
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Vermont Youth Convicted as Adults Before Age 21 May Have Records Sealed, S.B. 58
Tags: Vermont | Youth in the Adult System | Legislation
Vermont law allows youth convicted as adults for crimes committed before they were 21 years old to petition to have their records sealed. Previously, the law allowed such record-sealing only if the conviction occurred for offenses committed prior to age 18. The law additionally closes a loophole that forced a youth to be charged in adult court if 18 or older, despite having committed the offense prior to age 18. Such cases must now be initially filed in juvenile court.
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Mississippi Extends Jurisdiction of Juvenile Court to 17-Year-Olds, S.B. 2969
Tags: Mississippi | Youth in the Adult System | Legislation
Mississippi legislation returns 17-year-olds charged with felonies (with the exception of murder, armed robbery and rape) to the original jurisdiction of the juvenile court. Prior to this legislation, all 17-year-olds were automatically prosecuted in adult court for any offense.
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Hawaii Limits Transfer of Youth to Adult Correctional Facilities, H.B. 1067
Tags: Hawaii | Youth in the Adult System | Legislation
The Hawaii State Legislature repealed a law that authorized the Executive Director of the Office of Youth Services, with the approval of the family court, to transfer a committed youth from the Hawaii Youth Correctional Facility to an adult correctional facility for disciplinary or other reasons. The legislation stemmed from the inability of adult facilities in Hawaii to maintain sight-and-sound separation between youth and adults, as required by the federal Juvenile Justice and Delinquency Prevention Act.
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Arizona Judges Gain More Discretion Regarding Transfer to Adult System, S.B. 1191
Tags: Arizona | Youth in the Adult System | Legislation
An Arizona law gives judges more discretion in certain cases to decide whether prosecution of youth in adult or juvenile court will best protect public safety and promote rehabilitation. Since 1997, Arizona prosecutors have been able, at their sole discretion, to charge youth as young as 14 as adults for a wide variety of offenses, including nonviolent crimes. In 2007, judges were given discretion in certain sex offense cases to hold “reverse remand hearings” to determine whether youth should be tried as adults; the new law expands reverse remand hearings to include other types of crimes filed through prosecutorial discretion.
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Arizona Allows for Reverse Remand Hearings, Arizona, S.B. 1191
Tags: Arizona | Youth in the Adult System | Legislation
Allows for reverse remand hearings to determine whether youth should be moved from adult court to juvenile court in cases where the prosecutor has the sole discretion to charge youth in adult court.
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Testimony on Hawaii Legislation to Limit Transfer of Youth to Adult Correctional Facilities (H.B. 1067), March 17, 2011
Tags: Hawaii | Youth in the Adult System | Testimony
The Hawaii State Legislature repealed a law that authorized the Executive Director of the Office of Youth Services, with the approval of the family court, to transfer a committed youth from the Hawaii Youth Correctional Facility to an adult correctional facility for disciplinary or other reasons. The legislation stemmed from the inability of adult facilities in Hawaii to maintain sight-and-sound separation between youth and adults, as required by the federal Juvenile Justice and Delinquency Prevention Act. Testimony in support of the law from several state agencies and non-profit organizations additionally discussed the danger presented to youth placed in adult facilities, and the inadequacy of programming for youth in adult facilities.
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Idaho Youth Tried as Adults May Be Held in Juvenile Detention Facilities, S.B. 1003
Tags: Idaho | Detention | Youth in the Adult System | Legislation
Idaho law now provides that youth being treated as adult offenders may be housed with the general population in a juvenile detention center upon court order. The court may make the order on its own, or pursuant to a petition by one of the parties in the case. Prior law prohibited youth who were waived to adult court from being housed in a juvenile detention facility without sight and sound separation from the other youth. Youth waived to adult court may now be housed with the general juvenile population if it is determined by the detention administration that the safety and security of the other youth would not be at risk.
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Statement of Purpose and Fiscal Note, Idaho S.B. 1003, Youth Tried as Adults May Be Held in Juvenile Detention Facilities
Tags: Idaho | Detention | Youth in the Adult System | Reports
Idaho law now provides that youth being treated as adult offenders may be housed with the general population in a juvenile detention center upon court order. The court may make the order on its own, or pursuant to a petition by one of the parties in the case. Prior law prohibited youth who were waived to adult court from being housed in a juvenile detention facility without sight and sound separation from the other youth. Youth waived to adult court may now be housed with the general juvenile population if it is determined by the detention administration that the safety and security of the other youth would not be at risk.
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North Carolina Establishes Task Force to Evaluate Raising Age, Executive Order 80, January 14, 2011
Tags: North Carolina | Youth in the Adult System | Legislation
North Carolina’s 2010 budget included language to establish a Youth Accountability Planning Task Force. The task force is to determine whether North Carolina should raise the age of juvenile court jurisdiction from 16 to 18 and develop an implementation plan to do so. The task force released a report in January 2011, which recommends that youth under age 18 accused of minor crimes should be handled in the juvenile justice system, while 16- and 17-year-olds accused of serious felonies should remain in the adult system. The governor issued an executive order early in 2011 extending the task force until December 31, 2012 so that the group can continue its work.
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Cost-Benefit Analysis of Raising the Age of Juvenile Jurisdiction in North Carolina, Vera Institute of Justice, January 10, 2011
Tags: North Carolina | Youth in the Adult System | Reports
The Vera Institute of Justice issued a cost-benefit analysis of raising the age in North Carolina. The analysis found that expanding juvenile jurisdiction to include misdemeanor and nonviolent felony offenses for 16- and 17-year-olds would annually yield $52.3 million in net benefits.
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Talking Points: Trying Kids as Adults, Campaign for Youth Justice
Tags: Youth in the Adult System | Reports
Document including sample talking points for juvenile justice advocates who are fighting to restrict the circumstances under which children can be prosecuted as adults. The talking points, prepared by the Campaign for Youth Justice in collaboration with NJJN, incorporate research conducted by the MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice.
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The Changing Borders of Juvenile Justice, MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice
Tags: Youth in the Adult System | Reports
Summary of book examining transfer legislation and practices as a window into the theory and principles underlying the juvenile justice system. It demonstrates the need for continuity and coherence between the juvenile and criminal courts and policies. And it shows how important it is for youth advocates to think about what happens after transfer, as young offenders make their way in the adult criminal justice system.
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Improving Public Safety by Keeping Youth Out of the Adult Criminal Justice System
Tags: Arizona | Youth in the Adult System | Reports
Thousands of Arizona children have been prosecuted in the adult system in the name of public safety, however research shows that treating youth as adults increases recidivism and criminal behavior. In this report, the Children's Action Alliance offers ten recommendations to keep Arizona's youth and communities safer.
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Illinois Commission to Develop Plan for Extending Juvenile Court Jurisdiction to 17-Year-Olds Charged with Felonies, S.B. 3085
Tags: Illinois | Youth in the Adult System | Legislation
The Illinois Juvenile Justice Commission is to study and report on possible expansion of the jurisdiction of the juvenile court to include 17-year-olds charged with felonies. The commission's mandate builds on legislation passed in 2009 that raised the age of juvenile jurisdiction from 17 to 18 for youth charged with misdemeanors (S.B. 2275).
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Illinois Allows Greater Separation Between Department of Juvenile Justice and Department of Corrections, H.B. 5913
Tags: Illinois | Youth in the Adult System | Legislation
An Illinois law removes the requirement that the Department of Juvenile Justice share administrative services and facilities with the Department of Corrections. The law additionally encourages collaboration between the Department of Juvenile Justice and "child-serving agencies." The change helps to further differentiate the adult and juvenile systems, and ensure youth are treated in an age-appropriate manner.
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Educating Juveniles in Adult Jails: A Program Guide, Washington, July 2010
Tags: Washington | Youth in the Adult System | Reports
Law requires that all youth held in adult jails in Washington be provided with educational programming. The legislation mandates that the educational programs adhere to educational standards for the district, and the programs must offer credits that are transferable to community schools. The state developed regulations and a program guide written by educational professionals in order to implement the statute.
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A Call to Stop Child Prosecutions in Wyoming Adult Courts, Pat Arthur and Mikaela Rabinowitz, National Center for Youth Law and Jennifer Horvath, American Civil Liberties Union - Wyoming Chapter
Tags: Wyoming | Youth in the Adult System | Reports
Report condemning Wyoming for commonly prosecuting children in adult courts, often for minor infractions such as smoking at school or stealing a pack of gum.
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Colorado Limits Prosecutorial Discretion to File Adult Charges Against a Youth, H.B.
Tags: Colorado | Youth in the Adult System | Legislation
A new law increases the minimum age at which certain youth (excepting those charged with murder and sex offenses) are eligible to be "direct filed" -- or charged in adult criminal court by a prosecutor without a transfer hearing -- from 14 to 16. The legislation also establishes factors that the prosecutor must consider in determining whether to direct file a youth, and requires a 14-day notice of intention to direct file. During this time, youth can provide information to the prosecutor regarding the enumerated factors.
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Colorado School Districts Must Provide Educational Services for Youth in Adult Jails, S.B. 54
Tags: Colorado | Youth in the Adult System | Legislation
A law requires school districts in Colorado to provide educational services during the school year to youth being held, pending trial as adults, in jails located within the district. The law also requires school districts to comply with the federal Individuals with Disabilities Education Act if a youth has a disability.
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Colorado Raises Minimum Age for Direct File, Colorado, H.B. 1413
Tags: Colorado | Youth in the Adult System | Legislation
Increases from 14 to 16 years old the minimum age at which certain youth (excepting those charged with murder and sex offenses) are eligible to be "direct filed," or charged in adult criminal court by a prosecutor without a transfer hearing.
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Mississippi Extends Jurisdiction of Juvenile Court to 17-Year-Olds, Mississippi, S.B. 2969
Tags: Mississippi | Youth in the Adult System | Legislation
Extends juvenile court jurisdiction to 17-year-olds. The court may still transfer youth to the adult court if deemed appropriate.
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Arizona Restricts Prosecutorial Authority to Transfer Youth, S.B. 1009
Tags: Arizona | Youth in the Adult System | Legislation
An Arizona law clarifies the age at which a youth can be tried in adult court without the benefit of a judicial transfer hearing. In Arizona, the prosecution of certain youth cases in adult court is statutorily allowed or required based on the youth’s age. The legislation clarifies that the filing in adult court must be based on the youth’s age at the time of the alleged offense—not the age at the time the charges are filed. Prior to this clarification, prosecutors delayed filing charges for months (and sometimes years) for the purpose of moving the case to the adult criminal court without having to go through a judicial transfer hearing.
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Virginia Reduces Number of Youth Held in Adult Jails, Virginia, S.B. 259
Tags: Virginia | Youth in the Adult System | Legislation
Creates a presumption that transferred or certified youth, if confined pre-trial, stay in juvenile detention rather than adult jails, unless a judge finds them to be a safety or security risk.
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Virginia Youth Transferred to Adult System May Be Detained in Juvenile Facilities, S.B. 259
Tags: Virginia | Youth in the Adult System | Legislation
Youth in Virginia who are transferred to the adult system must now be placed in a secure juvenile detention facility pending trial, rather than an adult jail, unless the court determines that the youth is a threat to the security or safety of other detained youth or staff
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Education Programs Must Be Provided to Youth in Washington Adult Jails, S.B. 6702
Tags: Washington | Youth in the Adult System | Legislation
Law requires that all youth held in adult jails in Washington be provided with educational programming. The legislation mandates that the educational programs adhere to educational standards for the district, and the programs must offer credits that are transferable to community schools. The state developed regulations and a program guide written by educational professionals in order to implement the statute.
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Arizona Restricts Transfer of Youth Below Statutory Age at Time of the Offense, Arizona, S.B. 1009
Tags: Arizona | Youth in the Adult System | Legislation
Specifies that a youth can only be prosecuted as an adult if he or she had reached the requisite lower age for transfer at the time the offense was allegedly committed. The legislation prevents prosecutors, especially under discretionary transfers, from waiting until a child attains the age of adult jurisdiction before bringing charges.
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New Mexico Extends Working Group Considering Appropriate Detention Placement for Older Youth, H.M. 29
Tags: New Mexico | Youth in the Adult System | Legislation
In 2009, the New Mexico House of Representatives requested that the Children, Youth and Families Department convene a working group to share resources, research, and recommendations and to otherwise coordinate efforts on the subject of appropriate detention for youth 18-21 years of age. The working group was directed to address concerns regarding housing older youth with adults, as well as concerns with housing such youth with youth aged 12-17. A duplicate House Memorial was passed in 2010 to continue the work of the group. The group made a series of recommendations in 2010 covering various topics, such as when youth may be transferred to adult jails, time limits for initial hearings, hearing procedures, and measures to protect youth aged 18-21 who are placed in adult jails.
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Juvenile Life Without Parole Chart - National Conference of State Legislatures
Tags: Institutional Conditions | Life Without Parole and Parole Issues | Youth in the Adult System | Reports
The National Conference of State Legislatures summarizes the state of life without parole laws, as applied to youth across the country.
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States Rethink 'Adult Time for Adult Crime,' Stephanie Chen, CNN.com
Tags: Connecticut | Youth in the Adult System | Media
Article about how teenagers who commit crimes at the age of 16 in Connecticut are no longer sent into the adult criminal justice system.
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Caging Children in Crisis: An Adult Jail Is No Place for a Child, Colorado Juvenile Defender Coalition
Tags: Colorado | Youth in the Adult System | Reports
Document describing the conditions in adult prisons and asserting that juvenile offenders should not be sentenced to serve time in such prisons.
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Illinois Raises the Age for Misdemeanors, Illinois, S.B. 2275/Public Act 95-1031, 2008 Raises the age of juvenile jurisdiction for misdemeanors from 17 to 18
Tags: Illinois | Youth in the Adult System | Legislation
Seventeen-year-olds who are charged only with misdemeanors now have access to the juvenile court's balanced and restorative justice approach to juvenile justice.
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Don't Throw Away the Key: Reevaluating Adult Time for Youth Crime in Virginia, JustChildren
Tags: Virginia | Youth in the Adult System | Reports
Report criticizing policy changes made by the Virginia legislature in the 1990s that have unnecessarily swept too many youth into the adult system.
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Sixteen-Year-Olds in Connecticut Returned to Juvenile Justice System, H.B. 7007
Tags: Connecticut | Youth in the Adult System | Legislation
Starting January 1, 2010, 16-year-olds became a part of Connecticut's juvenile justice system. Legislation passed in 2007 called for 16- and 17-year-olds to be moved into the juvenile system (except youth who had committed specific serious and violent offenses), but the state's budget crisis and other efforts to repeal the law on philosophical or administrative grounds threatened to delay implementation for all youth. Further legislation passed in 2009 moved 16-year-olds into the juvenile justice system as of 2010 and specifies how the change will be implemented. Seventeen-year-olds are scheduled to become part of the juvenile system as of July 1, 2012.
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Texas Allows for More In-Depth Review by Attorneys Prior to Transfer Hearings, S.B. 518
Tags: Texas | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
When a youth faces transfer to adult court, at least five days prior to the transfer hearing the court must provide to the youth’s attorney and the prosecuting attorney all written matter that the court will consider in making the transfer decision. Previously, the court was required to provide this material only one day before the hearing. The goal of the law is to encourage more thorough review by attorneys, increased information-sharing, and fewer inappropriate transfers to adult court.
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Texas Youth Convicted of Capital Felonies Given Opportunity for Parole, S.B. 839
Tags: Texas | Life Without Parole and Parole Issues | Youth in the Adult System | Legislation
Youth ages 14 to 17 in Texas who are found guilty of a capital felony now have the opportunity for parole. Previously, these youth could only be sentenced to life without parole. The law is not retroactive; youth previously sentenced to life without parole will continue to serve that sentence.
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State of Connecticut v. David A. Fernandes, Jr., Connecticut Appellate Court
Tags: Connecticut | Youth in the Adult System | Court Decisions and Related Documents
Connecticut Appellate Court opinion ruling that discretionary transfer of 14- and 15-year-olds to adult court is unconstitutional.
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Connecticut Court Finds Discretionary Transfer of 14- and 15-Year-Olds to Adult Court Unconstitutional, State v. Fernandes, 300 Conn. 104 (2010)
Tags: Connecticut | Youth in the Adult System | Court Decisions and Related Documents
On June 16, 2009, the Connecticut Appellate Court ruled in State of Connecticut v. David A. Fernandes, Jr., 115 Conn. App. 180 (2009), that the state's discretionary transfer law, which allows prosecutors to send 14- and 15-year-olds charged with C, D, and unclassified felonies to adult court, is unconstitutional. The court held that because of the liberty interest at stake, a youth facing transfer on such charges is entitled to due process. Such due process includes a hearing during which the juvenile court judge considers argument from counsel and may exercise his or her discretion to determine whether to order the transfer. The Connecticut Supreme Court later heard the case on appeal and limited the scope of the ruling; the court agreed that a hearing must be held, but determined that the legislative history of the transfer statute required such hearings to be held in adult court, rather than juvenile court.
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Certain Colorado Youth Tried as Adults May Be Held in Juvenile Facilities Rather than Adult Jail, H.B. 1321
Tags: Colorado | Detention | Youth in the Adult System | Legislation
Juveniles who are tried as adults may be placed in a juvenile facility prior to trial, rather than an adult jail, if the district attorney and defense counsel agree on the placement. Additionally, the district attorney may agree to change the place of confinement from adult jail to a juvenile facility at any stage of the proceedings. To determine the appropriate placement, the district attorney and defense counsel must consider several factors, including the nature, seriousness, and circumstances of the alleged offense; the youth's history of prior criminal acts; and the youth's age, physical maturity, mental state, and mental maturity.
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Nevada Invalidates Presumptive Certification Statute, A.B. 237
Tags: Nevada | Youth in the Adult System | Legislation
The Nevada Supreme Court threw out the presumptive certification statute that allowed prosecutors to transfer certain cases to adult court, finding that the statute violated youths’ constitutional right against self-incrimination. The court’s unanimous ruling states that the law’s “requirement that a juvenile admit the charged criminal conduct, and thereby incriminate himself, in order to overcome the presumption of adult supervision is unconstitutional.” The Nevada Legislature codified the court’s 2009 ruling and raised the threshold age at which a youth may be certified as an adult under presumptive certification from 14 to 16.
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Colorado Increases Age of Eligibility for Sentencing in the Youthful Offender System, H.B. 1122
Tags: Colorado | Youth in the Adult System | Legislation
A new category of youth was established by the Colorado General Assembly to be eligible for sentencing in the Youthful Offender System (YOS) for certain offenses. YOS offers these youth -- referred to as "young adult offenders" -- alternatives to what would otherwise be a mandatory prison sentence. Young adult offenders are those who were at least 18 years old but under 20 years of age when the crime was committed and under 21 years old at the time of sentencing. YOS offers educational and vocational programming and a shorter period of community supervision than an adult prison and parole sentence. All YOS youth have a suspended adult prison sentence, which is two to four times longer than the two- to seven-year determinate YOS term. Successful completion of YOS discharges the adult prison sentence.
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Colorado Allows Youth Charged as Adults to Petition for Expungement of Records When Sentenced as Juveniles, H.B. 1044
Tags: Colorado | Youth in the Adult System | Legislation
Colorado law permits a juvenile who is charged as an adult by the direct filing of charges in district court, but sentenced as a juvenile in the same matter, to petition the court for the expungement of his or her record. Previously, such youth were not eligible to have their records expunged.
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New Mexico Working Group Considers Appropriate Detention Placement for Older Youth, H.M. 115
Tags: New Mexico | Youth in the Adult System | Legislation
In 2009, the New Mexico House of Representatives requested that the Children, Youth and Families Department convene a working group to share resources, research, and recommendations and to otherwise coordinate efforts on the subject of appropriate detention for youth 18-21 years of age. The working group was directed to address concerns regarding housing older youth with adults, as well as concerns with housing such youth with youth aged 12-17. A duplicate House Memorial was passed in 2010 to continue the work of the group. The group made a series of recommendations in 2010 covering various topics, such as when youth may be transferred to adult jails, time limits for initial hearings, hearing procedures, and measures to protect youth aged 18-21 who are placed in adult jails.
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Teen Prisoner's Mom: Raise the Age, Melinda Tuhus, New Haven Independent
Tags: Connecticut | Youth in the Adult System | Reports
Article about rally in Hartford, Connecticut organized by the Connecticut Juvenile Justice Alliance to press for implementation of the Raise the Age law. The law ends automatic transfer of 16- and 17-year-olds to the adult system. It was passed in 2007, but now faces delay due to the state's budget deficit.
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Incarcerated Juveniles Belong in Juvenile Facilities, American Psychiatric Association News Release
Tags: Youth in the Adult System | Reports
Release highlighting some of the challenges that young juvenile offenders face and why the adult criminal system is incapable of adequately responding to these challenges.
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Kenniston v. Department of Youth Services, Massachusetts Supreme Judicial Court Opinion, SJC-10270
Tags: Massachusetts | Youth in the Adult System | Court Decisions and Related Documents
Massachusetts Supreme Judicial Court ruling that a state law that allows the Department of Youth Services to extend commitments from age 18 to age 21 (and even to have the individuals transferred to adult prisons) is unconstitutional.
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Illinois Raises the Age of Juvenile Jurisdiction from 17 to 18 for Youth Charged with Misdemeanors, S.B. 2275
Tags: Illinois | Youth in the Adult System | Legislation
Seventeen-year-olds charged only with misdemeanors will have their cases heard in juvenile court, rather than adult criminal court.
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Massachusetts Supreme Judicial Court Finds State “Extension Law” Unconstitutional, Kenniston v. Department of Youth Services, 453 Mass. 179 (2009)
Tags: Massachusetts | Youth in the Adult System | Court Decisions and Related Documents
The Massachusetts Supreme Judicial Court ruled that a state law allowing the Department of Youth Services to extend commitments from age 18 to age 21—and even to have the individuals transferred to adult prisons—is unconstitutional. The three individuals who challenged the law had received extended commitments on the basis that they were “physically dangerous to the public.” The court held that the term “physically dangerous” is unconstitutionally vague and that the law violated substantive due process because it permitted extended detention based solely on dangerousness, without any link to a mental condition that might keep the individuals from controlling their behavior.
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Returning 17-Year-Olds to the Juvenile Justice System: A Smart Choice for Our Communities and Our Youth, Wisconsin Council on Children and Families
Tags: Wisconsin | Youth in the Adult System | Reports
Report detailing a measure to return 17-year-olds to the original jurisdiction of the juvenile court
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Seeking Justice for Crimes - and Youngsters, Guest Opinion, Beth Rosenberg, Tucson Citizen
Tags: Arizona | Youth in the Adult System | Media
Opinion editorial in the Tucson Citizen by Beth Rosenberg, the Director of Child Welfare and Juvenile Justice for the Children's Action Alliance in Arizona (an NJJN member), calls for reform of the way states deal with young juvenile offenders.
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A Reexamination of Youth Involvment in the Adult Criminal Justice System in Washington: Implications of New Findings About Juvenile Recidivism and Adolescent Brain Development, Washington Coalition for the Just Treatment of Youth
Tags: Washington | Brain and Adolescent Development | Youth in the Adult System | Reports
Report pointing specifically to brain development research that bears on juveniles' culpability and indicating that youth are more amenable to rehabilitation. The report also cites recent studies that show that subjecting adolescents to the adult criminal justice system may actually increase future criminal behavior due to reduced access to treatment and rehabilitative services and increased exposure to adult criminal culture. Section IV of the report focuses on an examination of the cases of the 28 youth in Washington who are serving life in prison without the possibility of parole.
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State of New Mexico v. Rudy B., Case No. 27,589
Tags: New Mexico | Youth in the Adult System | Court Decisions and Related Documents
New Mexico Court of Appeals holding that the provision in the state's Delinquency Act that allows a juvenile court judge, rather than a jury, to determine whether a juvenile may receive an adult sentence based on evidence presented at the amenability hearing is unconstitutional.
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Statement Related to Wisconsin's Age of Adult Criminal Responsibility, Governor's Juvenile Justice Commission
Tags: Wisconsin | Youth in the Adult System | Reports
Wisconsin Governor's Juvenile Justice Commission unanimously endorsed returning 17-year-olds to the juvenile justice system. In its statement, the Commission cites research on brain development, evidence-based practices, and lower recidivism rates for 17-year-olds kept in the juvenile justice system.
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Nevada Supreme Court Strikes Down Presumptive Certification Statute, In re William M., 124 Nev. Adv. Op. No. 95 (Nev. 2008)
Tags: Nevada | Youth in the Adult System | Court Decisions and Related Documents
The Nevada Supreme Court threw out the presumptive certification statute that allowed prosecutors to transfer certain cases to adult court, finding that the statute violated youths’ constitutional right against self-incrimination. The court’s unanimous ruling states that the law’s “requirement that a juvenile admit the charged criminal conduct, and thereby incriminate himself, in order to overcome the presumption of adult supervision is unconstitutional.” The Nevada Legislature codified the court’s 2009 ruling and raised the threshold age at which a youth may be certified as an adult under presumptive certification from 14 to 16.
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Different from Adults: An Updated Analysis of Juvenile Transfer and Blended Sentencing Laws, with Recommendations for Reform, Patrick Griffin, National Center for Juvenile Justice
Tags: Youth in the Adult System | Reports
Report mapping the current landscape of laws governing the trial, sentencing, and sanctioning of juveniles as adults. The report summarizes the transfer laws of all 50 states and the District of Columbia as of the beginning of 2008 and includes data on the volume and characteristics of youth who are being transferred under these laws. Finally, it suggests some simple measures that states can take to make implementation of these laws more fair, flexible, and consistent.
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Virginia's Juvenile Justice System, HJR 113, Virginia State Crime Commission Presentation
Tags: Virginia | Youth in the Adult System | Reports
The commission found that recidivism rates increase significantly when juveniles are tried in adult court and that youth are often required to plead guilty in order to avoid transfer to adult court. The commission recommends that judges be given sole discretion to transfer youth and that the state should limit the number of crimes eligible for transfer. The study also reports that African American youth are twice as likely as white youth to be committed to juvenile correctional facilities.
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Raise the Age CT: A Success Story, Web site profile of Connecticut's Raise the Age Campaign
Tags: Connecticut | Youth in the Adult System | Reports
Web site chronicling successful efforts in Connecticut to raise the age of juvenile jurisdiction to 17.
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Juveniles Escape Trial in Adult Court: Judges Face Quandary in Cases of Young, Violent Offenders, Jon Murray, The Indianapolis Star
Tags: Indiana | Youth in the Adult System | Media
Article highlighting the decisions of a Marion County judge, who since 2005 has declined to grant three waivers to prosecutors seeking to try youth charged with murder as adults.
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Some Progress on Kids and Jails, The New York Times
Tags: Youth in the Adult System | Media
Editorial highlighting a study by the National Council on Crime and Delinquency, which shows that the number of minors being held in adult facilities has decreased by 38 percent since 1999. Because of reductions in juvenile crime and arrests, among other factors, the number of children held in juvenile facilities also fell. The editorial notes, however, that many youth are still incarcerated inappropriately for status offenses or substance abuse issues.
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The Case for Juvenile Courts, The New York Times
Tags: Youth in the Adult System | Media
Editorial pushing state legislatures to move away from trying youth as adults, due to the dangers of adult facilities and the special needs of juvenile offenders.
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Juvenile Transfer Laws: An Effective Deterrent to Delinquency?, Richard E. Redding, Office of Juvenile Justice and Delinquency Prevention
Tags: Youth in the Adult System | Reports
Report concluding that laws making it easier to transfer youth to the adult system have little or no general deterrent effect. The report also finds that transferring youth to the adult criminal system substantially increases recidivism, particularly for violent offenders.
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North Carolina Studies Impact of Raising Age of Juvenile Jurisdiction to 18, North Carolina, H.B. 2436/S.L. 2008-107
Tags: North Carolina | Youth in the Adult System | Legislation
Allocates $200,000 to conduct a study of the impact of expanding juvenile jurisdiction from 16 to 18 years of age.
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State v. Greenberg, Rhode Island Supreme Court
Tags: Rhode Island | Youth in the Adult System | Court Decisions and Related Documents
After a "jurisdictional quagmire" that arose in 2007 when the General Assembly passed an alleged money saving law to treat 17-year-olds as adults in criminal matters, the Rhode Island Supreme Court ruled that juveniles can only be referred to adult court after a probable cause hearing. While the law was repealed (after it became clear the presumptive cost savings were nonexistent), the repeal was not retroactive, which left about 500 youth who were charged as adults between July 1 and November 8, 2007. Unfortunately, cases for which final judgment entered are not subject to transfer, unless the convictions are vacated; those youth may, however, still seek post-conviction relief.
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A Tangled Web of Justice: American Indian and Alaska Native Youth in Federal, State, and Tribal Justice Systems, Neelum Arya and Addie C. Rolnick, Campaign for Youth Justice
Tags: Racial and Ethnic Disparities | Youth in the Adult System | Reports
Policy brief intended to serve as resource for tribes, juvenile justice professionals, and other stakeholders interested in improving outcomes for Native youth by presenting the current state of knowledge on Native youth and their involvement in justice systems across the country,
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D.C. Poll on Juvenile Justice, Greenberg Quinlan Rosner
Tags: District of Columbia | Public Opinion and Messaging | Youth in the Adult System | Reports | Research
D.C. poll found that 77 percent of those polled believe youth who are arrested and awaiting trial should be placed in a juvenile facility, not in the D.C. jail, an adult facility. The poll also found that the public overwhelmingly believes that youth should be rehabilitated and not merely incarcerated.
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From Trauma to Tragedy: Connecticut Girls in Adult Prison, Connecticut Office of the Child Advocate
Tags: Connecticut | Girls | Youth in the Adult System | Reports
Accounts how Connecticut has failed to meet the needs of girls in the adult system.
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Risking Their Futures: Why Trying Nonviolent 17-Year-Olds as Adults Is Bad Policy for Wisconsin, Wendy Henderson, Wisconsin Council on Children and Families
Tags: Wisconsin | Youth in the Adult System | Reports
Report analyzing the results of a Wisconsin Council on Children and Families study of 1,000 17-year-old offenders in the adult criminal justice system in the state. The results strongly suggest a policy change.
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Get Smarter, Not Tougher, Dealing with Youth Crime, Beth Arnovits, The Detroit Free Press
Tags: Michigan | Youth in the Adult System | Media
Opinion editorial encouraging the Michigan legislature to impose laws that are better equipped to deal with juvenile offenders rather than laws that are harsher on juvenile offenders.
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Changing Course: A Review of the First Two Years of Drug Transfer Reform in Illinois, Illinois Juvenile Justice Initiative
Tags: Illinois | Youth in the Adult System | Reports
Report documenting the positive effects of the rollback of Illinois' drug transfer law. In the 1980s, Illinois adopted legislation that required 15- and 16-year-olds to be tried as adults for drug offenses within 1,000 feet of a school or public housing. Twenty years later, the Illinois General Assembly reversed the law, mandating that such cases originate in juvenile rather than adult court. The report finds that while the numbers of youth automatically transferred to adult court declined by two-thirds after the new law was passed in 2005, there was no corresponding increase in juvenile caseloads, thus indicating that the new law did not have a detrimental effect on public safety. The report bolsters the case for further reform of transfer laws to introduce more flexibility, individualization and developmentally appropriate handling.
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He's a Man, as Charged, Laura Sessions Stepp, Washington Post
Tags: Brain and Adolescent Development | Youth in the Adult System | Media
Newspaper article discussing the implications of trying adolescents as adults and brain development research.
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Jailing Communities, Justice Policy Institute
Tags: Youth in the Adult System | Reports
Report summarizes recent research findings on jails, the changing nature of jail populations, and the known impact of jails on communities and individuals.
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Virginia Allows Juveniles Given Blended Sentences to Earn Sentence Credits, Virginia, H.B. 1207/Chapter 517
Tags: Virginia | Youth in the Adult System | Legislation
Juveniles convicted as adults and given blended sentences are eligible to earn sentence credits while at the juvenile facility.
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Governor's Commission Recommends Returning 17-Year-Olds to Juvenile Jurisdiction, Commission on Reducing Racial Disparities in the Wisconsin Justice System
Tags: Wisconsin | Racial and Ethnic Disparities | Youth in the Adult System | Reports
The Commission links the overrepresentation of minority youth to current juvenile justice policies and recommends returning 17-year-olds to the original jurisdiction of the juvenile court.
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Legislative Audit Report Finds Higher Recidivism Rates for 17-Year-Olds in Adult System, Wisconsin, Legislative Audit Bureau Report
Tags: Wisconsin | Youth in the Adult System | Reports
Report finding that 17-year-olds in the adult system have higher recidivism rates than both youth in the juvenile system and adults in the prison system.
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Official Policy on Sentencing Youthful Offenders, American Bar Association
Tags: Youth in the Adult System | Reports
Recommendations urging federal, state, and local governments to authorize and implement sentencing laws and procedures that both protect public safety and appropriately recognize the mitigating considerations of age and maturity of youthful offenders (i.e., those under age 18 at the time of their offense who are subject to adult penalties upon conviction) but not necessarily through trying juvenile offenders as adults.
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Indiana Eliminates "Once Waived, Always Waived" Law for Misdemeanors, H.B. 1112
Tags: Indiana | Youth in the Adult System | Legislation
Eliminates Indiana's "once waived, always waived" law for youth charged only with a misdemeanor.
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In re William M., 124 Nev. Adv. Op. No. 95
Tags: Nevada | Youth in the Adult System | Court Decisions and Related Documents
Nevada Supreme Court case striking down presumptive certification statute that allowed prosecutors to file cases directly in adult court. The court found that the statute violated juveniles' constitutional right against self-incrimination.
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One in 100: Behind Bars in America, Pew Center on the States
Tags: Youth in the Adult System | Reports
Report discussing how gradually, some states are proving that deploying a broad range of sanctions can protect communities, punish lawbreakers and conserve tax dollars for other pressing public needs.
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Rethinking Juvenile Justice, Press Release of Book by Laurence Steinberg and Elizabeth Scott, Harvard University Press
Tags: Youth in the Adult System | Reports
The authors condemn the common practice of trying youth as adults and make two major recommendations: 1) set a national presumptive age of adult jurisdiction of 18; 2) never try any child under 15 as an adult. The proposals are based on the proven damaging effects of incarcerating youth in adult prisons, the high cost of incarceration, the success of community-based programs, and the amenability of youth to rehabilitation. The book notes also that the public generally supports rehabilitation for youth.
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Putting the Juvenile Back in Juvenile Justice, Action for Children North Carolina
Tags: North Carolina | Youth in the Adult System | Reports
Issue brief exploring in three parts why transferring youth to the adult criminal system is not working and what can be done about it. First, the report looks at the latest scientific research on adolescent brain development, which shows that teenagers' brains are still developing adult reasoning capabilities and that environmental influences affect this development. Second, the report examines North Carolina and national data that show that transferring youth to the adult criminal system (versus treating them in a juvenile justice system) decreases public safety. Finally, the report puts forward policy recommendations for how North Carolina can bring state criminal law regarding older youth into line with current practices, research and data.
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States Are Rethinking Treating Juvenile Offenders Like Adults, Associated Press
Tags: Youth in the Adult System | Media
Article about how some states are declining to prosecute juvenile offenders as adults because of research indicating that juvenile offenders who go through the adult system end up with worse outcomes than juvenile offenders that stay in the juvenile justice system.
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Jailing Juveniles: The Dangers of Incarcerating Youth in Adult Jails in America, Campaign for Youth Justice
Tags: Youth in the Adult System | Reports
Paper describing and outlining the negative consequences of pushing juvenile offenders into the adult criminal justice system.
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Press Release About Creation of Colorado's Juvenile Clemency Board, Colorado, Executive Order B-009-07
Tags: Colorado | Youth in the Adult System | Administrative/Regulatory Policies
Press release about Colorado's establishment a seven-member Juvenile Clemency Advisory Board to review clemency and commutation requests by juveniles who were tried as adults and sentenced to state prison.
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Testimony to Governor's Commission on Reducing Racial Disparities, Wendy Henderson, Wisconsin Council on Children and Families
Tags: Wisconsin | Youth in the Adult System | Testimony
Testimony discussing racial and ethnic disparities in the context of trying youth as adults. Henderson recommends that the legislature return 17-year-olds to the juvenile justice system and require data collection by race and age at all points in the justice system.
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RI Prosecutes 17-Year-Olds to Save Money, Eric Tucker, Associated Press
Tags: Rhode Island | Youth in the Adult System | Media
Article about how Rhode Island passed a law to prosecute 17-year old youth offenders as adults in order to save money on juvenile services. Article discusses backlash to the law.
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Connecticut Raises Age of Juvenile Jurisdiction, Connecticut, S.B. 1500/Public Act 07-4
Tags: Connecticut | Youth in the Adult System | Legislation
Raises the age of juvenile court jurisdiction from 16 to 18.
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Rhode Island Returns 17-Year-Olds to Jurisdiction of Juvenile Court, S. 1141B/ Chapter 532
Tags: Rhode Island | Youth in the Adult System | Legislation
Just months after lowering the age of adult jurisdiction, the Rhode Island legislature restored 17 years olds to the jurisdiction of the juvenile court.
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H.B. 492, Raise Juvenile Jurisdiction from 16 to 18 Years Old Action for Children North Carolina Fact Sheet
Tags: North Carolina | Youth in the Adult System | Reports
Fact sheet summarizing bill that would give the juvenile courts jurisdiction over 16- and 17-year-olds initially and allow the judge discretion to send felony cases to the adult system. The fact sheet highlights the benefits of the bill, including increased public safety, increased accountability of youth, more family involvement, and improved treatment of black youth.
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Age of Delinquency System Flow Chart, Action for Children North Carolina
Tags: North Carolina | Youth in the Adult System | Reports
Chart presents three scenarios for how youth who have committed different offenses may be handled by the juvenile justice system versus the adult criminal justice system in North Carolina.
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Virginia Permits Blended Sentences for Juveniles Convicted of Capital Murder, Virginia, H.B. 2053/Chapter 460
Tags: Virginia | Youth in the Adult System | Legislation
Mandates that juveniles convicted of capital murder may only be sentenced by the court (rather than by juries), and the court may impose blended sentences.
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Virginia Ends "Once an Adult, Always an Adult" Law, Virginia, H.B. 3007
Tags: Virginia | Youth in the Adult System | Legislation
Requires that youth are convicted in the first offense in order to be tried as an adult in future offenses.
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Report on Study of Youthful Offenders Pursuant to Session Law 2006-248, Sections 34.1 and 34.2, North Carolina Sentencing and Policy Advisory Commission
Tags: North Carolina | Youth in the Adult System | Reports
Report recommending that the state raise the age of adult jurisdiction from 16 to 18. The legislature did not pass the proposed legislation.
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The Consequences Aren't Minor, Campaign for Youth Justice
Tags: Youth in the Adult System | Reports | Partner Publications
Book highlighting the practice of trying youth as adults in the following states: California, Connecticut, Florida, Illinois, North Carolina, Virginia, and Wisconsin. Each chapter contains comprehensive information on the processes and policies that send youth to the adult criminal justice system, data on who is affected, and real-life examples of individual youth who have been personally affected by these laws.
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Protecting the Future of Oregon's Youth: The Justice for Youth Campaign, Partnership for Safety and Justice
Tags: Oregon | Youth in the Adult System | Reports
Brief discussing the problems with transferring youth to the adult criminal court, the benefits of juvenile court, implications of adolescent brain development research and the U.S. Supreme Court decision in Roper v. Simmons, public safety considerations, and public opinion polls.
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Arkansas Closes Loophole that Allowed Some Juveniles to Be Tried in Adult Criminal Court, Arkansas, H.B. 1475/Act 257
Tags: Arkansas | Youth in the Adult System | Legislation
Ensures juvenile court jurisdiction for all juveniles who are charged with committing illegal acts prior to turning 18, regardless of whether the actual trial occurs after their 18th birthday.
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Connecticut Juvenile Jurisdiction Planning and Implementation Committee Final Report
Tags: Connecticut | Youth in the Adult System | Reports
Report intended to help to bring Connecticut justice policy in line with national best practice by incorporating all youth under 18 years of age under the jurisdiction of the Superior Court for Juvenile Matters ("juvenile court").
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Adolescent Offenders and the Line Between the Juvenile and Criminal Justice Systems, Center for Child and Family Policy, Duke University
Tags: North Carolina | Youth in the Adult System | Reports
Report consists of five briefs: (1) Brief 1 provides background and recent history on the handling of adolescent off enders in the United States and North Carolina; a description of how the current North Carolina juvenile justice system works; recent North Carolina juvenile justice statistics; and information on programs and facilities for adolescent offenders in North Carolina and other states; (2) Brief 2 discusses research on youth development pertaining to three issues central to policies for adolescent offenders: blameworthiness, competence to stand trial, and the potential for an adolescent's character to change; (3) Brief 3 details how other states treat adolescent offenders; (4) Brief 4 discusses research on how juvenile crime rates respond to changes in punishment laws; (5) Brief 5 presents three policy options and a series of further considerations.
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Effects on Violence of Laws and Policies Facilitating the Transfer of Juveniles from the Juvenile Justice System to the Adult Justice System: A Systematic Review, Angela McGowan, et al., American Journal of Preventive Medicine
Tags: Youth in the Adult System | Reports
Review of published scientific evidence concerning the effectiveness of laws and policies that facilitate the transfer of juveniles to the adult criminal justice system, on either preventing or reducing violence among those youth who experience the adult criminal system or in the juvenile population as a whole.
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Georgia Limits Felony Prosecutions for Juvenile Sex Offenders, Georgia, H.B. 1059
Tags: Florida | Sex Offender Registries | Youth in the Adult System | Legislation
Reclassifies felony sex offenses as misdemeanors for cases in which the victim is at least 13, and the person convicted of the crime is no more than four years older than the victim.
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Testimony in Support of Raising Age of Juvenile Court Jurisdiction to 18, Presented to the Wisconsin Legislature by Elizabeth Clarke, Illinois Juvenile Justice Initiative
Tags: Illinois | Wisconsin | Youth in the Adult System | Testimony
Testimony supporting Wisconsin's efforts to raise the age of juvenile jurisdiction, highlighting research, U.S. Supreme Court findings in Roper v. Simmons, national and international consensus, and the national movement to raise the age in states where the age of juvenile jurisdiction is still below 18.
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Adolescents, Maturity, and the Law, Jeffrey Fagan, American Prospect Online
Tags: Brain and Adolescent Development | Youth in the Adult System | Reports
Article discussing the adverse effects of treating adolescents as adults in the criminal justice system and advocating a move towards a more forgiving youth justice system.
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Illinois Limits Automatic Transfer, Illinois, S.B. 283
Tags: Illinois | Youth in the Adult System | Legislation
Eliminates "automatic transfer" provisions that sent juveniles charged with drug offenses to adult court and instead requires individualized review of the transfer decision.
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The Economics of Juvenile Jurisdiction, Justice Policy Center at the Urban Institute
Tags: Youth in the Adult System | Reports
Analysis of the factors to consider when determining the costs of returning youth to the juvenile justice system from the adult system.
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Washington Ends Mandatory Minimums for Juveniles, Washington, H.B. 1187
Tags: Washington | Youth in the Adult System | Legislation
Eliminates mandatory minimum sentences for youthful offenders tried as adults.
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Delaware Limits Automatic Transfer, Delaware, S.B. 200
Tags: Delaware | Youth in the Adult System | Legislation
Limits the conditions under which youth can be automatically transferred to adult court. It also limits the situations in which youth being charged with Robbery One can be automatically transferred to Superior Court.
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Connecticut Increases Protections for Low-Level Teen Offenders in Criminal Court, Connecticut, H.B. 5215
Tags: Connecticut | Youth in the Adult System | Legislation
Gives a presumptive Youth Offender status for 16- and 17-year-olds who commit lower-level offenses.
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Virginia Creates Restrictions on Juvenile Defense Waiver, Virginia, Ch. 427, H.B. 2670
Tags: Virginia | Juvenile Defense and Court Process | Youth in the Adult System | Legislation
Requires that juveniles charged with felonies can only waive counsel if they consult with an attorney, and the court determines that the waiver is voluntary and in writing, that the child and parent consent, and that it is consistent with the interests of the child.
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Childhood on Trial: The Failure of Trying and Sentencing Youth in Adult Criminal Court, Report Overview, Coalition for Juvenile Justice
Tags: Youth in the Adult System | Reports
Report overview of the prevalence and treatment of juvenile offenders in the adult criminal justice system.
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National Resolution Regarding Trying and Sentencing Youth Offenders in Adult Criminal Court, Coalition for Juvenile Justice
Tags: Youth in the Adult System | Reports
Resolution discussing the negative consequences of trying juvenile offenders in the adult criminal justice system.
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Roper v. Simmons, 543 U.S. 551 (2005)
Tags: Federal | Missouri | Youth in the Adult System | Court Decisions and Related Documents
U.S. Supreme Court decision outlawing the death penalty for crimes committed while under the age of 18.
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What Do Juvenile Offenders Know About Being Tried as Adults? Implications for Deterrence, Richard E. Redding and Elizabeth J. Fuller, Juvenile & Family Court Journal
Tags: Youth in the Adult System | Research
Study examining juveniles’ knowledge and perceptions of transfer laws and criminal sanctions. Researchers interviewed 37 juveniles who had been transferred to criminal court in Georgia, obtaining quantitative as well as qualitative data based on structured interviewed questions. Four key findings emerged: (1) juveniles were unaware of the transfer law; (2) juveniles felt that awareness of the law may have deterred them from committing the crime or may deter other juveniles from committing crimes, and they suggested practical ways to enhance juveniles’ awareness of transfer laws; (3) the juveniles generally felt that it was unfair to try and sentence them as adults; (4) the consequences of committing their crime were worse than most had imagined, and the harsh consequences of their incarceration in adult facilities may have had a brutalizing effect on some juveniles.
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Wisconsin's Legislature's Fiscal Estimate of Changing Adult Jurisdiction from 16 to 18, Wisconsin Department of Administration
Tags: Wisconsin | Youth in the Adult System | Reports
Wisconsin legislature's fiscal estimate of raising the age of adult jurisdiction to 18 finds that there will be no state fiscal effect.
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Youth Crime/Adult Time: Is Justice Served?, Building Blocks for Youth
Tags: Youth in the Adult System | Research
Study taking an in-depth look at the prosecution of minority youth in criminal court. It includes the full range of "transfer" mechanisms, e.g., judicial decisions, prosecutorial decisions, and legislative exclusions. Study is broad-based, examining all the major decision points in criminal case processing, from arrest to final disposition. Additionally, there are a sufficient number of Latino youth to consider them separately in the analysis and this is a multi-jurisdictional study of juvenile cases prosecuted in adult courts in 18 large urban counties across the country. The findings are based on data gathered specifically for this study and not from secondary sources.
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Prosecuting Juveniles in the Adult Criminal Justice System, Arizona Children's Action Alliance
Tags: Arizona | Youth in the Adult System | Reports
Report summarizing information regarding prosecuting juveniles as adults. Where applicable and available, the report cites relevant research and statistics to clarify pertinent issues. However, there are important gaps in national research and little to no research has been done in Arizona since the landmark reforms of 1996 and 1997.
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The Mark of a Criminal Record, Devah Pager, American Journal of Sociology
Tags: Collateral Consequences | Youth in the Adult System | Research
Study focusing on the consequences of incarceration for the employment outcomes of black and white job seekers. The study adopts an experimental audit approach—in which matched pairs of individuals applied for real entry-level jobs—to formally test the degree to which a criminal record affects subsequent employment opportunities. The findings of this study reveal an important, and much under-recognized, mechanism of stratification.
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Prosecuting Juveniles in Adult Court, The Sentencing Project
Tags: Youth in the Adult System | Reports
Paper discussing how the imposition of adult punishments, far from deterring crime, actually seems to produce an increase in criminal activity in comparison to the results obtained for children retained in the juvenile system. Reliance upon the criminal courts and punishment ignores evidence that more effective responses to the problems of crime and violence exist outside the criminal justice system in therapeutic programs. Because there is considerable racial disparity in the assignment of children to adult prosecution, the harshness, ineffectiveness, and punishing aspects of transfer from juvenile to adult court is doubly visited on children of color.
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Juvenile Justice Matters, Weekly Radio Show of Campaign for Youth Justice
Tags: Youth in the Adult System | Media
Thirty-minute weekly radio show focusing on juvenile justice issues and featuring interviews with parents, young people and experts. The show airs over the internet at 4:30 p.m. EST each week, normally on Thursdays. Phone calls are taken during the show; the call-in number for Juvenile Justice Matters is (347) 843-4360.
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The Back-Door to Prison: Waiver Reform,
Tags: Minnesota | Youth in the Adult System | Reports
Article analyzing the implementation of Minnesota's Extended Jurisdiction Juvenile Prosecution (EJJ) blended sentencing law in Minneapolis. It describes the legal framework for judicial waiver and EJJ decisions and briefly summarizes prior research on waiver practices. It also analyzes the cases of youth against whom prosecutors filed waiver and EJJ motions between 1995 and 1997.
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Constitutional Challenges to Blended Sentencing Statutes, National Center for Juvenile Justice
Tags: Youth in the Adult System | Reports
Brief snapshot of states that have challenged the constitutionality of blended sentencing statutes.
