Raise the Age redirects 17-year-olds to juvenile justice system
4th March 2019 · 0 Comments
Meghan Holmes
Contributing Writer
Beginning March 1, 17-year-olds across the state of Louisiana will no longer be tried as adults for nonviolent offenses. The change is part of a criminal justice reform bill that passed in 2016 called Raise the Age that will also make 17-year-olds who commit violent crimes part of the juvenile justice system beginning July 1, 2020.
“Seventeen year olds are kids, and we define them that way in almost every other aspect of the law,” said Rachel Gassert, policy director with the Louisiana Center for Children’s Rights. “This is the right thing to do and it’s an investment in our children and their future.”
Raise the Age passed with bipartisan support following the efforts of young people, law enforcement, and the Louisiana Youth Justice Coalition, a network of more than seventy organizations working to reform the juvenile justice system. Before the legislation passed, Louisiana was one of only a handful of states where 17-year-olds were tried in the adult system.
“There are only four states now that haven’t passed similar legislation,” Gassert said. “Five states, including Louisiana, are in the process of bringing 17-year-olds into the juvenile system, so it’s been a big topic the last few years.”
Advocates for Raise the Age argue that keeping children in the juvenile system saves the state money and improves public safety. Children are also safer, with physical and sexual assault less common in youth facilities.
“This is going to reduce incarceration costs because placing 17-year-olds in juvenile detention means they’re less likely to reoffend, because they have access to education and services that the adult system can’t provide,” Gassert said. “They also aren’t saddled with a lifelong criminal record. It will be confidential and they will have access to greater job and housing opportunities – the kinds of things you need to keep your life on track.”
Opponents of Raise the Age laws argue that the changes will overwhelm the juvenile justice system, and state budgets. A 2017 report from the Justice Policy Institute refutes those claims, looking at several states that recently passed legislation. Juvenile justice spending decreased in Connecticut after Raise the Age laws passed, while Illinois set aside money that was never used, and Massachusetts saw spending go up, but it was 37 percent less than expected.
In part to control costs, these states also changed the way they prosecute juvenile offenders, using more alternatives to detention like probation and out-patient rehabilitation services. Louisiana plans to do the same, with the Office of Juvenile Justice offering grant opportunities to implement alternatives, such as pre-trial supervision and evening reporting centers.
“We have added programs and reduced the number of youth in our secure facilities by 44 percent,” OJJ Director Dr. James Bueche said in a press release. “We are hopeful that we’re ready.”
Advocates see the implementation of Raise the Age as a victory in the fight for juvenile justice reform, but continue to press for additional alternatives to detention.
“We support Raise the Age, but we are also concerned because more prison beds are being built, especially here in New Orleans,” said Sonji Hart, deputy director of Finance and Administration with Families and Friends of Louisiana’s Incarcerated Children. “We have to look system-wide and not just put forward piecemeal solutions. That means making sure our public defenders are fully funded and judges are putting children in the least restrictive environment possible, using alternative solutions.”
The law is not retroactive, meaning that 17-year-olds convicted in the adult system will remain there. 17-year-olds will also continue to navigate the adult system after being arrested for violent offenses until Louisiana’s Raise the Age law is fully implemented in 2020.
“We think it’s really important to stay on track and get the full implementation on time,” Gassert said. “Juvenile facilities are designed to keep kids safe, and 17-year-olds will be safer now. We are really excited to see this change.”
This article originally published in the March 4, 2019 print edition of The Louisiana Weekly newspaper.
