Understanding the Massachusetts "Raise the Age" Bill: A Step Forward in Juvenile Justice Reform

Introduction: In recent years, there has been a growing recognition of the need to reform juvenile justice systems across the United States. One significant aspect of this reform effort is the movement to "raise the age" of juvenile jurisdiction, which aims to treat young offenders as juveniles rather than adults in the criminal justice system. In Massachusetts, the "Raise the Age" bill represents a significant step forward in juvenile justice reform, signaling a shift towards a more rehabilitative and age-appropriate approach for young offenders.

Background: For many years, Massachusetts has been one of the few states that automatically prosecutes 17-year-olds as adults in the criminal justice system. This practice was widely criticized by advocates and experts who argued that young offenders are more likely to benefit from age-appropriate interventions and rehabilitative services available in the juvenile justice system. There is currently a bill before the General Court that would extend Juvenile Court’s jurisdiction to a Defendant’s 21 birthday. This is in line with emerging science that shows that the brains of 19 and 20-year-olds are closer to juveniles than adults, and treating such defendants as adults can have serious long-term consequences, including increased recidivism rates and limited access to education, employment, and housing opportunities.

If enacted, the legislation would be phased in over a period of five years. Under the bill, individuals could still be automatically tried as adults for first and second-degree murder offenses. Additionally, prosecutors would retain the ability to pursue adult penalties for those convicted of serious felonies involving bodily harm or the use of a firearm.

"Raise the Age" bill seeks to rectify the discrepancy between scientific findings regarding the immaturity of the brains of 18-, 19-, and 20-year-olds and the way the criminal justice system perceives individuals in this age bracket. The "Raise the Age" bill aims at addressing this issue by raising the age of juvenile jurisdiction from 17 to the Defendant’s 21st Birthday. The bill aims to align Massachusetts’ Juvenile Justice system with the most recent studies dealing with juvenile brain development.

Key Provisions of the "Raise the Age" Bill:

1. Raising the Age of Juvenile Jurisdiction: The bill raises the age of juvenile jurisdiction eventually to the Defendant’s 21st Birthday, ensuring that teenagers are treated as juveniles in the criminal justice system.

2. Diversion and Rehabilitation Programs: The bill emphasizes diversion and rehabilitation programs for young offenders, focusing on addressing the underlying causes of delinquent behavior and providing age-appropriate interventions to promote positive outcomes.

3. Expungement of Juvenile Records: The bill includes provisions for the expungement of juvenile records, allowing young offenders who have successfully completed their sentences to have their records sealed and cleared from public view.

4. Juvenile Court Jurisdiction: The bill expands the jurisdiction of the juvenile court to include cases involving defendants that are as old as 20, ensuring that young offenders have access to specialized juvenile justice services and resources.

5. Education and Rehabilitation Services: The bill prioritizes education and rehabilitation services for young offenders, including access to counseling, vocational training, and other supportive services to help them successfully reintegrate into their communities.

Benefits of the "Raise the Age" Bill:

1. Promoting Rehabilitation: By treating young non-minors as juveniles in the criminal justice system, the bill promotes a rehabilitative approach that focuses on addressing the root causes of delinquent behavior and providing young offenders with the support they need to make positive changes in their lives.

2. Reducing Recidivism: Research has shown that young offenders who are treated within the juvenile justice system are less likely to reoffend compared to those who are prosecuted as adults. By raising the age of juvenile jurisdiction, the bill aims to reduce recidivism rates and improve outcomes for young offenders.

3. Protecting Young Offenders: Treating 19- and 20-year-olds as juveniles acknowledges their developmental immaturity and vulnerability, protecting them from the harsh consequences of adult prosecution, including incarceration in adult facilities.

4. Promoting Public Safety: By focusing on rehabilitation and reintegration, rather than punishment and incarceration, the bill ultimately promotes public safety by addressing the underlying factors that contribute to delinquent behavior and helping young offenders become productive members of society.

Challenges and Criticisms: While the "Raise the Age" bill represents a significant step forward in juvenile justice reform, it is not without its challenges and criticisms. Some opponents argue that raising the age of juvenile jurisdiction may place additional strain on the juvenile justice system, including increased caseloads and resource limitations. Others express concerns about the potential impact on public safety, particularly in cases involving serious or violent offenses committed by 19 and 20-year-olds.

Additionally, there may be logistical and implementation challenges associated with the transition to a higher age of juvenile jurisdiction, including the need for additional funding, training, and support services to accommodate the needs of young offenders.

Conclusion: The Massachusetts "Raise the Age" bill represents a progressive and forward-thinking approach to juvenile justice reform, recognizing the unique needs and vulnerabilities of young offenders. By raising the age of juvenile jurisdiction and prioritizing rehabilitation and support services, the bill aims to promote positive outcomes for young offenders while enhancing public safety and community well-being. While challenges and criticisms remain, the passage of the "Raise the Age" bill marks a significant milestone in the ongoing effort to create a more equitable, effective, and humane juvenile justice system in Massachusetts.