"History, Trends and Promising Approaches
in Juvenile Justice for High-Risk Juvenile
Offenders"
By Sarah Hammond
National Conference of State Legislatures (NCSL)
SPECIAL COMMITTEE ON HIGH-RISK JUVENILE
OFFENDERS - Madison, WI
September 16, 2008
Overview
• Roadmap:
- Brief history of juvenile justice system
- Age factors & jurisdictional authority
- Trends in the last 20 years
- Treating juveniles like adults: pros & cons
- Promising models and reforms in the states
- Policy considerations and options
History of the Juvenile
Justice System
• Founded more than a century ago on the
principle that children are fundamentally different
from adults -- so a justice system should reflect
these differences
• Within 2 decades, every state had legislated
some form of a juvenile court and code
• Juvenile system provides protective jurisdiction
Juvenile Justice
Today
• Two themes drive the system:
1) the welfare of young offenders
and
2) the protection of public safety
• Pendulum
High-Risk Juvenile
Offenders:
Treat as Adults or Kids?
High-Risk Juvenile
Offenders Cont…
• Commit the crimes most feared by the
public - assault and violent crimes
• Assessment of risk and needs is necessary
for determining what setting
High-Risk Juvenile
Offenders Cont…
OJJDP research for this populations of juveniles
reveals the following:
• The earlier youth begin to engage in delinquent
behavior, more likely to become chronic offenders
» For boys, violent offending begins at age 7, then
increases steadily from ages 8 - 19
» For girls, it peaks at age 13, then declines
• Most serious juvenile offenders are more likely to have
other problems, involving drugs, mental health, and
school
• More likely to have been victimized earlier in life
How States Treat
Adolescent Offenders
Age Factors
•Maximum Age of Jurisdiction
» 2 states, (NY & NC) age 15; 10 states, age
16; 38 states, age 17
•Minimum Age of Jurisdiction
» 16 state laws set the lowest age of juvenile
court jurisdiction - NC age 6; NY, Mass, MD
age 7; AZ age 8; 11 states age 10 (includes
WI)
Jurisdiction Authority -
How Cases Get to Adult Court
Judicial waiver/transfer (45 states). Discretionary,
mandatory , presumptive, reverse and "once an
adult, always an adult" provisions
» 13 states are mandatory (youth automatically
tried and sentenced as adults no matter what
the offense)
Statutory exclusion (29 states)
Concurrent jurisdiction a.k.a. direct file or
prosecutorial discretion (15 states)
Transfer Ages
• In 23 states, no minimum age
is specified
• In all other states, the minimum
age is between 10 and 15 years
of age
Sentencing Structure
Sentencing options courts can use
for imposing offense-based
sentences:
Blended sentences:
26 states allow for a combination of
juvenile & adult sanctions
Sentencing Structure
Cont…
Extended jurisdiction:
• States have increased the maximum age
of juvenile court jurisdiction to enable the
court to provide juvenile sanctions and
services beyond the traditional statutory
age of jurisdiction that is in the best
interest of the child and the public
• 24 states extend through age 20
• Highest age is 24 (4 states, including WI)
Trends In the Last 20 Years
• Rise in juvenile violence in mid- 1980s to
mid-1990s
• In the 1990s, every state made changes in
its laws governing juvenile justice
• There was a loss of faith in the rehabilitative
model of the juvenile justice system
• New policies resulted to hold more young
offenders accountable through adults
sentencing options
5 Areas of Change since
1990
1. Transfer Provisions - 40 states
2. Sentencing Authority - 31 states
3. Confidentiality - 47 states
4. Victims' Rights - 32 states
5. Correctional Programming - over half of
states responding to new transfer laws
National Statistics
• The number of youth placed in adult
prison has increased by 208% since
1990
• Every year approximately 200,000
juveniles are prosecuted in adult courts
in the US
• 2005 report estimates 2,225 juveniles
under 18 are serving life without parole
sentences in adult prisons
Juvenile Justice Budgets
• 2 highest juvenile justice system budgets
are Florida and California
• Georgia, Ohio, Texas, Virginia, Maryland,
Louisiana, North Carolina &
Massachusetts follow…
Arguments For and Against
Juvenile Courts
PRO:
•Felonious juvenile behavior can be
outgrown
•Media can glamorize juvenile crime
•Risk to juveniles in adult prison
•Legal consequences of felony
conviction too harsh
•Youth more likely to be rehabilitated
in juvenile system
Arguments For and Against
Juvenile Courts Cont…
CON:
• Safety and Accountability
• Deterrence
• Juvenile offenders have become more
violent - i.e. gang violence on the rise
• Victims' rights
Pendulum Swinging
• Overall, juvenile crime has fallen since
the mid-1990s; however female crime
arrest rates have increased
• Some argue the pendulum is swinging
back towards a movement of exploring
ways to keep juveniles out of adult
systems
Research on Adolescent
Brain Development and
Competency
• Recent research suggests that
adolescent offenders' limitations in
several areas of decision-making can
make them less blameworthy than
adult offenders
MacArthur Research
Network
Findings when comparing adolescents
to adults:
1) focus is on short-term;
2) less likely to think of consequences of
behavior;
3) less concern about risk and more sensitive
to rewards; and
4) impulsiveness escalates and then decrease
Changes at the Federal
Level
• Roper v. Simmons (2005)
» U.S.S.C. states there is consensus in
society that juveniles lack the
requisite "culpability" for their crimes
» 47% of state legislatures outlawed
execution of juveniles in 80s and 90s
» Since 1976, only 4 states had
executed one or more juvenile
offenders
Other Studies: Juveniles in
Adult System
• Safety concerns revealed in "Jailing
Juveniles" study
• 36% more likely to commit suicide than in
juvenile detention facility
• At greater risk of physical and sexual abuse
» 21% of all inmate on inmate sexual violence
in 2005 and 2006 were youth under 18
» 50% more likely to be beaten up by staff
» 50% more likely to be assaulted with a
weapon
Recidivism
Studies show higher rates of
recidivism in
juvenile offenders in adult systems v.
juvenile systems
•New York v. New Jersey
•Center for Disease Control
Possible Explanations
• Stigma
• Resentment and in justice felt by juveniles
• Learning criminal behavior
• Decrease focus on rehab and family
support
Models of Reform
• State laws and Executive action
• Missouri Model
• MacArthur Foundation's Models for Change
Movement to Not Treat
Young Offenders as Adults
• Rethinking the upper age of juvenile court
jurisdiction
•Connecticut's Experience
»How accomplished
»Cost
Other States Studying
Age Factors
• Rhode Island - 2007 action, SB 1141
• New Hampshire - 2008, HB 179
• Illinois, Missouri, New York, North
Carolina
Mental Health Needs of
Juvenile Offenders
• 2 million adolescents arrested each year in the
U.S. have a mental health disorder and 70% of
youth in the system are affected with mental
health disorder
• Juveniles have less chance to receive adequate
assessment or treatment in adult facilities
• More than half the states have passed laws
dealing with mental health issues and at least 15
states address juvenile competency now
Other Laws
• Virginia
» "Once an adult always an adult" law
changed (2007)
» Juveniles sentenced in adult prison to
gain earned sentence credits while
serving the juv. portion in juvenile
center (2008)
• Arkansas, Illinois, New Mexico &
New York
» Protect confidentiality of juvenile
records
Other Laws Cont…
Colorado SB 66 (2008)
» Reduces 1st degree murder to a
class 2 felony if the defendant was
under 18
» Makes such a defendant eligible
for juvenile court sentencing
(youthful offender sentence)
Maine SB 691 (2008)
» Requires blended sentence for
juveniles convicted as adults if
juvenile is under 16
Colorado Juvenile Clemency
Board
• Created by Executive Order by Governor in 2007
– 1st of its kind in the country
• Reviews cases of juveniles tried as adults and
currently serving life with out parole sentences
• Second Chances – Board can make
recommendations to reduce sentence or move
juveniles back to the juvenile system
Missouri Model
• Has hosted visitors from 30 states
• Recidivism
• Cost
http://www.dss.mo.gov/dys/index.htm
Other Promising New
Programs
MacArthur Foundation's Models for
Change
•Goal to create a new wave of juvenile
justice reform by producing system-
wide change in multiple states that
others will learn from and emulate
•Investing $100 million
Pennsylvania
• Aftercare
• Disproportionate Minority Contact
• Center for Evidence-Bases Practices
Illinois
• Transfer law changes
• New Department of Juvenile Justice
• Judges given more discretion
Washington
• Systems Integration and "Reinvesting
in Youth" strategies
• Mental health legislation
Louisiana
• Web-based survey instrument to map
availability of services for system
involved youth and their families
• Developing model approaches for
information sharing
Action Networks
• Mental Health/Juvenile Justice
• Disproportionate Minority Contact
(DMC)
• Juvenile Indigent Defense
Policy Options and
Considerations for the Most
Serious Juvenile Offenders
• Aftercare
• Extended and blended jurisdiction systems
• Discretion points for determining transfer
• Reverse Waiver
• Enhance the effectiveness of juvenile correctional
programming through the adoption of evidence-
based practices
Evidence Based Practices
• Washington's juvenile justice success
• NCSL site visits to Seattle and
Philadelphia
• Upcoming events
Concluding Remarks
When facing decisions about juvenile
crime, offenders and their placement in
the juvenile or criminal systems, it is
important to not abandon the notion of
youthful rehabilitation, but to also
incorporate accountability for all offenders
Thank you
Questions?
Contact Information
sarah.hammond@ncsl.org
(303) 856-1361
www.ncsl.org