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Justice for Wisconsin Youth Policy Recommendations

Nearly 5,000 Wisconsin 17 year olds were admitted to adult jails in 2004 on charges largely for non-violent offenses. A decade of studies around the country have shown that children who are tried and incarcerated in the adult system commit additional crimes more quickly and commit more serious offenses than minors tried and incarcerated in the juvenile system where treatment options are more available.  Ensuring that kids get fair treatment in court is our number one priority in this area.  To this end, we have a multi-stage legislative agenda to return youth under 18 to the original jurisdiction of the juvenile court and to return the decision-making about who should be tried in adult court to the prosecutors and juvenile court judges. 

Raise the age of juvenile court jurisdiction back up to 18 – Right now, all 17-year-olds are considered adults (only for the purpose of criminal prosecution).  The vast majority of 17-year-olds are arrested for minor crimes which can and should be handled in the juvenile court.  For the most serious crimes, prosecutors would still have the potential to file to have a child waived into adult court, and juvenile judges could decide who gets waived.

Return the decision-making about who should be tried in adult court to the prosecutors and juvenile court judges – Currently, certain crimes are automatically tried in adult court. We are working to give discretion to the courts, so judges can take into account adolescent development and the specific situation of the child (prior law violations and amenability to treatment) before deciding if a youth should be sent to adult court.