Policy Research Shop 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 Seventeen-Year-Olds in the NH Criminal Justice System Lauren Bowman Grace Hart Soo Jee Lee Kali Montecalvo Melanie Wilcox February 2011

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 CountySeventeen-year-olds held (2007-8) Belknap2 CarrollData Unavailable Cheshire19 Coos15 Grafton16 Hillsborough128 Merrimac18 RockinghamData Unavailable Strafford58 Sullivan33

Policy Research Shop Concerns Rising prison expenditures Developmental effects on seventeen- year-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 seventeen- year-olds to juvenile justice system – 607 cases open at any time

Policy Research Shop Additional Costs of Treating Seventeen-Year-Olds as Juveniles FY 2009FY 2010FY 2011FY 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 *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 : – 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:

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 Accountability without stigmatization Fosters social bonds and pro-social attitudes Drawbacks 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