Raising the Age: CT Weighs Juvenile Crime Bill

If all goes according to plan, 17-year-olds in Connecticut will no longer be treated like adults when it comes to criminal justice.

Before 2010, Connecticut adjudicated 16-year-olds accused of minor crimes as adults. Yet research showed that youths in the juvenile system are less likely to reoffend. And so the state passed legislation called Raise-The-Age, or "RTA." Now the state plans to increase the minimum age once more and move 17-year-olds into the juvenile system starting July 1, 2012.

Gov. Dannel P. Malloy said he supports its implementation and his proposed budget allocates $9.4 million to keep it on track. Because of that, some legislators see it as an expensive obligation.

“This is an unfunded mandate,” said state Rep. John Hetherington, a Republican representing Wilton and New Canaan in the 125th House District. “It will require them to adjust their jail facilities to accommodate people. I would favor deferring application of Raise-The-Age because it will be a severe mandate in some towns.”

And that’s as it should be, said state Rep. William Tong a Democrat who represents Darien and Stamford in the 147th House District and is a member of the Judiciary Committee.

“I definitely support Raise-The-Age and think we should implement it as soon as possible,” Tong told Capitol DisPatch.

But two bills before the Judiciary Committee could derail the effort. SB 1164 wants to defer implementation until Jul. 1, 2014, “in order to reduce state costs and provide municipal mandate relief.” SB 1216 wants an appropriation so that municipalities can study the cost of implementing RTA.

“Bills come up and get public hearings,” said Abby Anderson, executive director of the Connecticut Juvenile Justice Association. “It doesn't mean that they will get out of committee or go anywhere on the floor. We know that the governor's office and the house and senate leadership are in favor of on-time implementation.”

A member of the Judiciary Committee, Hetherington said RTA poses an “onerous financial burden” for police departments and holding facilities in some of the state’s cities.

“The economic argument is something the opposition hides behind,” Anderson said.

“Baloney,” said state Sen. Toni Boucher, a Republican representing Bethel, Darien, New Canaan, Ridgefield, Weston, Westport and Wilton in the 26th Senate District. “That would be true if we not in the financial situation we are now. It’s not based whether something is a good idea or not. In the education committee I grudgingly voted yes to delay a number of bills I desperately wanted.”

In Wilton, the police department said it doesn’t foresee added expenditures.

“I don't think we have to change anything as far as our facilities are concerned,” said Lt. Donald Wakeman, spokesman for the .

Depending on the crime, juveniles arrested in Wilton are held in a non-secure area until police contact their parents or guardians.  

“What it’s going to do, it’s going to incorporate 17-year-olds into the juvenile system, as they did with 16-year-olds about a year ago,” Wakeman said. “At that time, the original plan was to throw in 16 and 17. I guess they decided to back off on that. They were afraid that it would impact juvenile detention facilities rather than local facilities.”

If the act stays on track Connecticut will join 37 other states that set adulthood at 18. Adding 17-year-olds to the system will relieve overcrowded adult facilities and protect children, according to CJJA. Children in adult facilities are at higher risk for suicide and victimization, according to the organization.

As the law stands in Connecticut, youth tried as adults face the same sentencing guidelines and punishments as adults save for the death penalty. They can be kept adult jails pre- and post-trial, serve time in adult prisons, adult probation.

Each year about 250,000 youth under 18 are prosecuted in the adult criminal justice system, according to the Washington, D.C.-based Campaign for Youth Justice.

Most youths in the adult system were convicted of minor crimes. Violent crime accounts for 5 percent juvenile arrests: drugs, burglary, theft and property crimes most common. Also, while the number of adults arrested between 1999 and 2008 increased 3.4 percent, juvenile arrests dropped 15.7 percent during same period, according to a 2008 FBI report.

Many of these youth are repeat offenders. Raising the age reduces recidivism, CJJA’s Anderson said.

And while the juvenile court caseload increased 40 percent, after 16-year-olds were folded into the system, “overall the system shrunk,” Anderson said. Still CJJA expects the caseload to increase about 22 percent during the first 11 months of implementation.

But Department of Children and Families, DCF, is ill-equipped to handle the next round of Raise-The-Age, according Juvenile Parole Officer Cheryl Carpio’s Feb. 28 testimony before the Appropriations Committee. DCF proposed cutting 22 staff from its department as part of the proposed 2012 budget. 

“While other agencies are examining approaches to best meet the needs of the incoming 'Raise the Age' population in the best manner, DCF has decided to reduce its direct care Juvenile Parole staff by over half,” according to Carpio’s testimony. “I, for one, have never been more appalled and disappointed in a system that I have seen grow to become more therapeutic and successful in its approach to serving its youth and families. Should this drastic cut to over half our department occur, the youths and their families will suffer.”