State Trends: Legislative Changes from 2005 to 2010 - Removing Youth from the Adult Criminal Justice System

Abstract

The first half of this report explains the harms of trying youth as adults. The second half of the report examines 27 positive pieces of legislation enacted in 15 states during the last 5 years, as well as highlights active reform efforts underway in four categories. Four states (Colorado, Maine, Virginia and Pennsylvania) have passed laws limiting the ability to house youth in adult jails and prisons. Three states (Connecticut, Illinois and Mississippi) have expanded their juvenile court jurisdiction so that older youth who previously would be automatically tried as adults are not prosecuted in adult criminal court. Ten states (Arizona, Colorado, Connecticut Delaware, Illinois, Indiana, Nevada, Utah, Virginia and Washington) have changed their transfer laws making it more likely that youth will stay in the juvenile justice system. Four states (Colorado, Georgia, Texas and Washington) have changed their mandatory minimum sentencing laws to take into account the developmental differences between youth and adults.

Keywords: juvenile justice, criminal justice, youth