Vermont is using a first-in-the-nation law that will place some
teenagers 18 and older in the juvenile justice system, reported The Associated Press.
A law signed by former Democratic Gov. Peter Shumlin in 2016
took effect July 1 and allows anyone 21 or younger charged with a nonviolent
crime to be eligible for juvenile offender status. In May, a bill was signed
into law by current GOP Gov. Phil Scott that will begin placing those under the
age of 19 in the juvenile justice system by 2020, and raise the age again to
those under 20 in 2022.
In both cases, the change in procedure does not apply to a
dozen violent offenses, including murder and armed robbery.
Lawmakers said increasing the age in the juvenile system may
prevent young offenders from committing future crimes. A study from the United
States Sentencing Commission found those under 21 have the highest rate of
recidivism, but the hope is that by placing them in the juvenile system and
placing a greater emphasis on rehabilitation, the criminal justice system can
help them age out of criminal behavior.
“If they make a couple of mistakes, they’d be dealt with in
the adult court, where failure is a likely outcome,” said Sen. Dick Sears, a
Democrat from Bennington County and sponsor of this year’s bill. “Or, they
could be dealt with in a combined juvenile and adult system where some success
is more than likely possible in preventing further criminal activity.”
Lael Chester, director of the Emerging Adult Project at
Columbia University’s Justice Lab, said reevaluation of how the criminal
justice system deals with young adult offenders is motivated by research in the
past decade that shows the brain is not typically fully developed until the
mid-20s.
“The 18th birthday is not magical; you do not suddenly
become a fully fledged adult,” said Chester.
While 18 is the age of majority in Vermont and most other
states, Chester said current law recognizes people under 21 should not buy
alcohol, and car rental companies generally require customers to be 25.
Massachusetts, Connecticut and Illinois have also considered
legislation that would raise the age in the juvenile justice system. On a
smaller scale, jurisdictions across the country have experimented with programs
that treat young adult offenders differently than their older counterparts.
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