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Panel balks at raising age of juvenile delinquency

Eagle-Tribune - 3/7/2020

Mar. 7--BOSTON -- A state panel is calling for more money and programs to keep young adults out of prison but is balking at raising the age of jurisdiction by juvenile courts.

A 15-member commission created as part of the 2018 criminal justice reforms is calling for more resources for diversion programs targeting offenders ages 18 to 24 and more specialized units in prisons where young adults are separated from the general population.

"We need to treat that 18- to 24-year-old group in a special way, not like older adults," said Rep. Paul Tucker, a Salem Democrat who co-chaired the commission. "We know from the studies and latest brain development science that if we can get these folks into the right programs, we can get them on the right path and cut way down on the recidivism rate."

Tucker, a former Salem police chief, said Massachusetts has made strides with programs aimed at keeping teens and young adults out of prison. He said one of the panel's key recommendations was expanding those programs for more young adults, and partnering with community groups to provide more services and educational opportunities.

But the panel was unable to agree on whether to raise the age of juvenile jurisdiction, now set at 18, as juvenile justice groups and some prosecutors have advocated.

Leon Smith, executive director of the nonprofit Citizens for Juvenile Justice, said advocates were disappointed that the commission balked at raising the age but vow to keep pushing for the changes through the legislative process. He said young adults have the highest rate of recidivism among criminal offenders in the state.

"When you look at that population, we're getting the absolute worst outcomes in the criminal justice system," said Smith, a member of the panel. "What we are doing now isn't working."

He said conclusions outlined in the report support raising the age, for example, by citing research that suggests the adolescent brain doesn't fully mature until the mid-20s, possibly later. Young offenders can suffer damage in adult detention where they're exposed to sexual and physical violence, and are at much higher risk of suicide, he said.

The panel, which included lawmakers, psychiatrists, law enforcement officials and juvenile justice advocates, was created as part of a sweeping criminal justice reform that repealed mandatory minimum sentences for minor drug offenses, eased solitary confinement in prisons and allowed certain people to expunge their criminal records.

The law raised the minimum age of criminal responsibility in Massachusetts from 7 to 12 years old and decriminalized some minor offenses for juveniles.

But lawmakers rejected a Senate-backed plan to raise the age of jurisdiction to 19, instead creating a commission to study it.

In 2013, Massachusetts raised the age of juvenile delinquency from 17 to 18 as part of a package of changes to the state's criminal justice laws.

Recent statistics show that arrests and jail sentences for young offenders have plummeted since the last overhaul of the state's juvenile justice laws.

A recent state report found arrests of suspects age 18 and under dropped from the year that ended June 30, 2018, and the year ending June 30, 2019. Delinquency filings for offenses such as school disturbances and underage drinking dropped 33%.

The number of young offenders incarcerated also declined, with first-time commitments declining 17% during that period.

On Beacon Hill, bills pending approval by the Legislature would raise the age of jurisdiction by juvenile courts by another year or two, some as high as 21.

Last year, Vermont became the first state to raise the age above 18 for when someone criminally charged goes to juvenile court. It now keeps most criminal cases under the jurisdiction of juvenile courts for those up to age 19. In two years, the age will go up to age 20.

Vermont's law allows exemptions for a dozen serious crimes, such as murder and rape, that would be handled by the adult court system.

Many state prosecutors, including Essex Country District Attorney Jonathan Blodgett, oppose such a move in Massachusetts. In testimony before legislative panels they've argued that raising the age will make young offenders less legally accountable, which would have societal and economic costs.

Tucker said he doesn't believe raising the age is the right path for Massachusetts, and he suggests the state give the 2018 reforms more time to show results.

"Rather than tinkering with the law, we need to let the reforms work," he said. "We need to give it time, and I think we'll see some good results."

Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group's newspapers and websites. Email him at cwade@cnhi.com

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