NH Criminal Justice System Lauren Bowman Grace Hart Soo Jee Lee Kali Montecalvo Melanie Wilcox February 2011 1 INTRODUCTION Current State Policy 1996 NH state legislature enacted a law lowering the age of criminal responsibility from 18 to 17 ID: 643003
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Slide1
Seventeen-Year-Olds in the NH Criminal Justice System
Lauren Bowman
Grace Hart
Soo
Jee
Lee
Kali
Montecalvo
Melanie Wilcox
February 2011 Slide2
1. INTRODUCTIONSlide3
Current State Policy1996: NH state legislature enacted a law lowering the age of criminal responsibility from 18 to 17Reasons:Political pressure: “tough on crime”
Age consistency with Massachusetts
Thought to be more cost effective than juvenile facilitiesSlide4
Seventeen-Year-Olds in NHMajority commit non-violent crimesex: Possession of drugs or alcohol, shoplifting
County
Seventeen-year-olds held (2007-8)
Belknap
2
Carroll
Data Unavailable
Cheshire
19
Coos
15
Grafton
16
Hillsborough
128
Merrimac
18
Rockingham
Data Unavailable
Strafford
58
Sullivan
33Slide5
ConcernsRising prison expendituresDevelopmental effects on seventeen-year-oldsSlide6
Policy OptionsKeep the same policyBlended sentencing
Raising the age of adulthood and expanding other programs:
Teen Courts
Alternative specialized courtsSlide7
2. Maintaining THE CURRENT AGE OF CRIMINAL RESPONSIBILITYSlide8
Benefits of Treating Seventeen-Year-Olds as AdultsHold juvenile offenders accountable
General deterrence
Inconsistent evidence for this benefit
Age consistency with neighboring statesSlide9
Drawbacks of Treating Seventeen-Year-Olds as AdultsHigher 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 facilitiesSlide10
Implications for New Hampshire2006: Report on the Financial Impact of Age of Majority in NHRaising the age would transfer 1,214 seventeen-year-olds to juvenile justice system
607 cases open at any timeSlide11
Additional Costs of Treating Seventeen-Year-Olds as Juveniles
FY 2009
FY 2010
FY 2011
FY 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 hiredSlide12
Budget Implications for NH*The maximum average daily cost per resident at the Sununu Youth Services Center is $370 per daySlide13
Implications for NH (cont.)Recidivism data for NH unavailableStudies conducted in other states indicates higher recidivism when tried as adultsCounty superintendents reported holding seventeen-year-olds not burdensome
Didn’t have to create additional programsSlide14
Case Study: Wisconsin - BackgroundCategorical exclusion approach (1996)Goals:Individual accountability
Age consistency
Focus resources on younger offendersSlide15
Case Study: Wisconsin - ResultsTwo out of three goals achievedStudy of legislation from 2002-2006:Fewer than one-half completed probation
High recidivism rates
Significant fiscal effects if entered back into juvenile criminal systemSlide16
Other States with the Same PolicySlide17
Other States with the Same Policy (cont’d.)States that considered/enacted legislation to raise age since 2006:
Illinois
Rhode
Island
New York
Connecticut
Wisconsin
Missouri
North CarolinaSlide18
3. BLENDED SENTENCINGSlide19
OverviewMinimal age of criminal court jurisdiction is 18Choice between juvenile and criminal court sanctionsMore flexibilitySlide20
Case Study: VermontState’s Attorney decides where to fileFamily Court option80% of petitions begin in adult court, and most remain thereSlide21
Case Study: New MexicoEffective in 1993Eliminated judicial waiver provisionTwo types of offenders:Youthful offenders
Serious youthful offenders
Drawbacks, but overall deemed successSlide22
Case Study: MinnesotaThree changes (1994):‘Extended jurisdiction juvenile’ (EJJ) categoryJuvenile disposition and stayed sentence
Juvenile court jurisdiction until age 21
Compromise, but with drawbacks
Generally considered successSlide23
4. TEEN COURTSSlide24
BackgroundVoluntary alternative for teens convicted of non-violent crimesSentence determined by fellow teensSome run by the state,
others by non-profits and municipalitiesSlide25
Benefits and Drawbacks of Teen CourtBenefitsAccountability without stigmatizationFosters social bonds and pro-social attitudes
Drawbacks
Can’t handle all cases
Voluntary programs
Effectiveness not establishedSlide26
Teen Courts in New HampshireNot in state law, but some still operating in the stateChild and Family Services of New Hampshire operates Upper Valley Youth Court Merrimack County Department of Human Services runs the Merrimack County Teen CourtSlide27
5. AlTERNATIVE SPECIALIZED COURTSSlide28
Juvenile Drug Courts: BackgroundRationale: Reduce overall costs to criminal system by lowering recidivism rateCommunity-based treatment programs, diverse support services, intensive judicial supervisionSlide29
Juvenile Drug Courts in NH:BackgroundOne of top ten states in nation in teen drug & alcohol use
Increasing
juvenile drug charges and arrestsSlide30
Juvenile Drug Courts: Benefits & DrawbacksBenefits
Increased options
Immediate incentives & sanctions
Increased coordination
More expedient & targeted response
Drawbacks
Major unique challenges
Negative peer influence
Psychological
EffectivenessSlide31
6. RecommendationSlide32
Conclusion & RecommendationKeep 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