State mulls upping juvenile offender age

BOSTON - Massachusetts lawmakers are considering raising the age of offenders sent to juvenile court from 18 to 21, a measure that some believe could lead to both safer communities and help meet the developmental needs of young people.

The measure, one of many proposed reforms to the state's criminal justice system, would make Massachusetts the first state in the country to raise the juvenile age threshold.

The bill that would raise the age of juvenile offenders gradually by one year each year was sponsored by Sens. Karen Spilka, D-Ashland, and Cynthia Creem, D-Newton, and Reps. Evandro Carvalho, D-Boston, and Kay Khan, D-Newton.

"Research on adolescent development consistently shows that young people do not fully mature until they are in their twenties, and they can lack important self-control, impulse control, and decision-making capacities," said Spilka, chairwoman of the Senate Ways and Means Committee. "Young people have unique developmental needs, and our juvenile justice system plays a critical role in helping them get back on track."

Spilka believes raising the age "will increase public safety and provide young people with the age-appropriate rehabilitation and support services they need to lead successful adult lives and positively contribute to their communities."

Advocates argue raising the age will improve the criminal justice system and reduce repeat offences in young adults.

In a recent Boston Herald op-ed column, Suffolk County Sheriff Steve Tompkins and Retired Essex County Sheriff Frank G. Cousins Jr. voiced their support for raising the age.

"As sheriffs of two of the commonwealth's larger and more

diverse counties, we believe the time has come for meaningful, comprehensive improvements to our criminal justice system," they wrote. "Now is the time to catch up with what science and experience tell us about emerging adults to produce a safer, fairer and more effective system."

Bristol County Sheriff Thomas M. Hodgson said that he believes the best way to deal with juvenile crime is through proactive instead of reactive policies.

"We need to reach out to these kids in third and fourth grade before they establish these behaviors," Hodgson said. "We cannot attack recidivism if we can't tackle the issues before they walk through the front door."

Massachusetts previously raised the age of juvenile offenders from 17 to 18 in September 2013. In a report released last December, the Department of Youth Services said the move has had major benefits.

"Raising the age of juvenile court jurisdiction conforms to a national trend in supporting young people to move into adulthood with the skills necessary to help them become contributing members of their community," the report stated. "Department of Youth Services offers multiple educational pathways to high school diplomas, equivalency certificates, post-secondary education and vocational training."

DYS offers clinical services to help juvenile offenders address substance abuse, depression or any other behavioral needs.

North Attleboro attorney Kerri Quintal said those options are at the heart of the juvenile system.

"It is not meant to be a punishment, but rather a rehabilitative system," Quintal said. "It is meant to get juveniles to be active members of society."

Like the 2013 age increase, the proposed legislation would not change the current law that the most serious offenders - such as murders - would be charged and sentenced as adults. Any juvenile sentenced as an adult for a serious crime would be held in a juvenile facility until they are of age to be transferred to an adult prison.

Naoka Carey, executive director at Citizens for Juvenile Justice believes the legislation makes good policy sense.

"One of the big reasons the juvenile justice system does a much better job than the adult system is that it provides to juveniles a way in finishing their education," Carey said. "This is a key way to avoid crime and get kids on the right track by finishing their education so they can get a good job."

"A lot of these young adults' big concern is finishing their education," she said. "The services the juvenile system provides are the kinds of services that this group of people need."