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Justice for Wisconsin Youth Policy Recommendations

Ensure Developmentally Appropriate Treatment for All Kids in the Juvenile Justice System

1. Return 17-year-olds to the original jurisdiction of the juvenile courts.

Research over the past decade has consistently shown that trying youth in adult court creates more crime.  In the past year alone, reports have been released by the U.S. Centers for Disease Control and Prevention and the U.S. Department of Justice finding that trying youth as adults decreases community safety by increasing the likelihood those youth will commit more crimes. 

WCCF has been working for the past several years on legislation which would return 17-year-olds to the original jurisdiction of the juvenile court while still allowing judges discretion to move violent offenders to the adult court.  We are committed to this legislation, along with the funding necessary to ensure that services provided in the juvenile court continue to be effective after the transition. 

2. Create a statutory preference for diverting nonviolent juvenile offenders.

Wisconsin youth are arrested at a very high rate, compared to the national average.  Not all youth who are arrested would benefit from formal court prosecution.  While Wisconsin has robust diversion programs in some areas of the state, other areas have fewer resources.  Consequently, youth with similar crimes may be offered diversion in some counties and not others.

WCCF is researching model diversion programs and statutes nationally.  Once we have identified the research supported programs we will begin to identify ways in which we can expand diversion in Wisconsin while still providing youth with critical services to address their treatment and developmental needs.

3. Require data tracking by race and ethnicity of youth waived into adult court.

Each year in Wisconsin, 300 to 400 youth are waived into the adult court system.  Currently, the only data systematically kept about these youth are the overall numbers who are waived.  Given that Wisconsin leads the nation in the overrepresentation of minority youth in adult prison, it is essential that we collect and publish more information about these youth. 

WCCF will work to ensure that more information is available about youth waived into adult court, including race and ethnicity.