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Policy Research Shop Seventeen-Year-Olds in the NH Criminal Justice System Lauren Bowman Grace Hart Soo Jee Lee Kali Montecalvo Melanie Wilcox February 2011 Support for the Policy Research Shop is provided by the Ford Foundation and by the Fund for the Improvement of Postsecondary Education, U.S. Department of Education. Policy Research Shop 1. INTRODUCTION Policy Research Shop Current State Policy • 1996: NH state legislature enacted a law lowering the age of criminal responsibility from 18 to 17 • Reasons: – Political pressure: “tough on crime” – Age consistency with Massachusetts – Thought to be more cost effective than juvenile facilities Policy Research Shop Seventeen-Year-Olds in NH • Majority commit non-violent crimes – ex: Possession of drugs or alcohol, shoplifting County Seventeen-year-olds held (2007-8) Belknap 2 Carroll Data Unavailable Cheshire 19 Coos 15 Grafton 16 Hillsborough 128 Merrimac 18 Rockingham Data Unavailable Strafford 58 Sullivan 33 Policy Research Shop Concerns • Rising prison expenditures • Developmental effects on seventeenyear-olds Policy Research Shop Policy Options 1. Keep the same policy 2. Blended sentencing 3. Raising the age of adulthood and expanding other programs: – Teen Courts – Alternative specialized courts Policy Research Shop 2. MAINTAINING THE CURRENT AGE OF CRIMINAL RESPONSIBILITY Policy Research Shop Benefits of Treating Seventeen-Year-Olds as Adults • Hold juvenile offenders accountable • General deterrence – Inconsistent evidence for this benefit • Age consistency with neighboring states Policy Research Shop Drawbacks of Treating Seventeen-Year-Olds as Adults • Higher recidivism rates – But no data for NH • Exposure to criminal culture • Vulnerable to physical and/or sexual abuse • Fewer opportunities for meaningful rehabilitation in adult facilities Policy Research Shop Implications for New Hampshire • 2006: Report on the Financial Impact of Age of Majority in NH – Raising the age would transfer 1,214 seventeenyear-olds to juvenile justice system – 607 cases open at any time Policy Research Shop Additional Costs of Treating Seventeen-Year-Olds as Juveniles FY 2009 FY 2010 FY 2011 FY 2012 $5,392,119 $6,635,602 $7,901,640 $8,422,019 *These figures do not include the salaries and benefits of additional staff that would need to be hired Policy Research Shop Budget Implications for NH Average Daily Cost per Offender by Facility Facility State Prisons Sullivan Strafford Rockingham Merrimack Hillsborough Grafton Coos Cheshire Carroll Belknap 0 20 40 60 80 100 120 140 160 Cost *The maximum average daily cost per resident at the Sununu Youth Services Center is $370 per day Policy Research Shop Implications for NH (cont.) • Recidivism data for NH unavailable – Studies conducted in other states indicates higher recidivism when tried as adults • County superintendents reported holding seventeen-year-olds not burdensome – Didn’t have to create additional programs Policy Research Shop Case Study: Wisconsin - Background • Categorical exclusion approach (1996) • Goals: 1. Individual accountability 2. Age consistency 3. Focus resources on younger offenders Policy Research Shop Case Study: Wisconsin - Results • Two out of three goals achieved • Study of legislation from 2002-2006: – Fewer than one-half completed probation – High recidivism rates – Significant fiscal effects if entered back into juvenile criminal system Policy Research Shop Other States with the Same Policy Policy Research Shop Other States with the Same Policy (cont’d.) • States that considered/enacted legislation to raise age since 2006: Illinois New York Wisconsin Missouri North Carolina Rhode Island Connecticut Policy Research Shop 3. BLENDED SENTENCING Policy Research Shop Overview • Minimal age of criminal court jurisdiction is 18 • Choice between juvenile and criminal court sanctions • More flexibility Policy Research Shop Case Study: Vermont • State’s Attorney decides where to file • Family Court option • 80% of petitions begin in adult court, and most remain there Policy Research Shop Case Study: New Mexico • Effective in 1993 • Eliminated judicial waiver provision • Two types of offenders: – Youthful offenders – Serious youthful offenders • Drawbacks, but overall deemed success Policy Research Shop Case Study: Minnesota • Three changes (1994): – ‘Extended jurisdiction juvenile’ (EJJ) category – Juvenile disposition and stayed sentence – Juvenile court jurisdiction until age 21 • Compromise, but with drawbacks • Generally considered success Policy Research Shop 4. TEEN COURTS Policy Research Shop Background • Voluntary alternative for teens convicted of non-violent crimes • Sentence determined by fellow teens • Some run by the state, others by non-profits and municipalities Policy Research Shop Benefits and Drawbacks of Teen Court Benefits Drawbacks • Accountability without stigmatization • Fosters social bonds and pro-social attitudes • Can’t handle all cases • Voluntary programs • Effectiveness not established Policy Research Shop Teen Courts in New Hampshire • Not in state law, but some still operating in the state • Child and Family Services of New Hampshire operates Upper Valley Youth Court • Merrimack County Department of Human Services runs the Merrimack County Teen Court Policy Research Shop 5. ALTERNATIVE SPECIALIZED COURTS Policy Research Shop Juvenile Drug Courts: Background • Rationale: Reduce overall costs to criminal system by lowering recidivism rate • Community-based treatment programs, diverse support services, intensive judicial supervision Policy Research Shop Juvenile Drug Courts in NH: Background • One of top ten states in nation in teen drug & alcohol use • Increasing juvenile drug charges and arrests Policy Research Shop Juvenile Drug Courts: Benefits & Drawbacks Benefits • Increased options • Immediate incentives & sanctions • Increased coordination • More expedient & targeted response Drawbacks • Major unique challenges – Negative peer influence – Psychological • Effectiveness Policy Research Shop 6. Recommendation Policy Research Shop Conclusion & Recommendation • Keep the same policy - Likely more cost-effective - Able to provide adequate services • Adapt or blend alternative sentencing approaches - Developmental concerns • Establish recidivism definition and data tracking mechanisms - Would provide greater accuracy