Massachusetts Senate Votes to Raise the Age of Juvenile Jurisdiction to Include 18-Year-Olds
Initiative backed by Boston Celtics and criminal justice reform advocates adopted in economic development bill
(BOSTON—7/11/2024) Today the Massachusetts Senate voted to raise the age of juvenile jurisdiction to include residents who are 18-years-old.
The initiative, known as “Raise the Age” by advocates, is proven to decrease crime and improve public safety by allowing emerging adults who are 18 years old—the typical age of a senior in high school—to be tried as juveniles instead of adults for certain crimes.
The initiative would divert juvenile offenders into rehabilitative programming, which is proven to lower recidivism and re-conviction.
The amendment would not change existing law that allows 18-year-olds charged with the most serious offenses to be prosecuted and sentenced as adults for the most serious crimes, including first- or second-degree murder. Similarly, a juvenile 18 or younger could be charged as an adult for any felony if the juvenile had been previously committed in the Department of Youth Services (DYS), if the juvenile committed an offense that involves serious bodily harm, or if the juvenile violated certain firearm laws.
The Boston Celtics have made the initiative a priority this season. In January, Jaylen Brown and Celtics team leadership shared their support with legislative leaders and held a press conference in the Senate Reading Room.
“We will never achieve racial equity in Massachusetts without addressing the systemic biases in our systems, including our criminal legal system—and giving our children a fair shot at life from birth onward,” said Senate President Karen E. Spilka (D-Ashland). “By raising the age today, I am proud that the Senate is making the Commonwealth a fairer place for young people who should not be judged for their whole life by a mistake they made as an 18-year-old. I am grateful for the work of Majority Leader Creem, Senator Crighton, advocates who have spoken out, and my colleagues for their support.”
"As the former Senate Chair of the Joint Task Force on Emerging Adults in the Massachusetts Criminal Justice System, I heard from stakeholders across the juvenile and criminal justice systems about the countless public safety benefits of raising the age of juvenile jurisdiction," said Senate Majority Leader Cindy Creem (D-Newton). "Including 18-year-olds in the juvenile system will help ensure all high-schoolers have access to the high-quality rehabilitative programming available through the Department of Youth Services, which will help reduce recidivism and have a long-term positive impact on public safety."
“Raising the age one year to include 18-year-olds will lead to better outcomes not just for youth, but entire communities,” said Senator Brendan Crighton, Chair of the Senate Committee on Juvenile and Emerging Adult Justice. “Expanding access to the programming and support available within the juvenile court system will still hold adolescents accountable while encouraging more productive pathways to future economic and educational opportunities. Thank you to the Senate President for being a long-time leader on this issue and for including this amendment as part of this strong economic development bill.”
Adopted as an amendment to the Senate’s economic development bond bill, the measure would expand the lifetime economic opportunity of young people to join the workforce and contribute to the state’s economy. Young people with adult criminal records can face significant barriers to joining the workforce, pursuing higher education and securing housing.
Having been approved by a roll call vote of 31-9, the amendment will be included in S.2856. A final vote on the bill is expected to take place on Thursday in the Senate.
Statements of Support
“I think all of us, including myself, were one decision away from being in a different situation,” said Jaylen Brown, basketball player for the Boston Celtics, during a press conference with Senators in January. “As society continues to evolve, I think the system that serves it should evolve as well.”
“When I was around the age of 18 and 19, I was incarcerated and put out of my element. No privacy, no respect, and frankly, no justice. It is our responsibility to advocate for our youth, our future, and for the young adults that had to endure this,” said Mary (Nini) Gomez, Young Adult Participant at UTEC.
“BECMA has been a strong supporter of raising the age at which an adolescent is automatically charged as an adult and is pleased to see this critical progress in our organization’s pursuit of social and economic justice across the state,” said Nicole Obi, President and CEO at the Black Economic Council of Massachusetts. “Considering the Commonwealth’s aging labor market and the overrepresentation of Black and Brown adolescents in the criminal justice system, the passing of this bill will immediately increase the participation of young people, particularly young people of color, in the workforce, helping them to build a better future while contributing to a more robust, productive, and diverse Massachusetts economy.”
“Investing in youth, including system-involved youth, is a critical part of a comprehensive violence prevention plan,” said Ruth Zakarin, CEO of the Massachusetts Coalition to Prevent Gun Violence. “Research has shown that moving 18-year-olds back into the juvenile justice system improves outcomes for those youth, decreasing rates of recidivism and therefore preventing more crime and violence. To build safer communities and ultimately prevent gun violence, we should be doing everything we can to support all of our youth. Raise the Age is essential to ensuring that happens.”
“As we consider the economic development of our Commonwealth, we must acknowledge the importance of implementing policies that lead to a more educated labor force,” said Sana Fadel, Deputy Director of Citizens for Juvenile Justice. “We must ensure that those young people who make mistakes and have the misfortune of ending up in the legal system have those pathways to educational completion and the ability to meaningfully support themselves and participate in our economy. Acknowledging that these options are lacking to non-existent in the adult legal system, this legislation makes the bold and needed step of shifting 18-year-olds, who are overwhelmingly still in the latter stages of high school, into our juvenile system which has a significantly greater focus on education, mandating daily school attendance and adequate educational supports for youth.”
“On behalf of the young people and communities Roca is privileged to serve, we applaud the Senate for recognizing the myriad of benefits of this legislation—including expanded economic opportunity for young people, reduced recidivism and cost savings for taxpayers,” said Molly Baldwin, founder and CEO of Roca. “Science tells us that the brains of adolescents are far from being fully developed, and this initiative would ensure accountability for 18-year-old offenders and support their continued education and skill building without saddling them with a criminal record that often serves as a roadblock to housing and economic stability.”
“We commend the Massachusetts Senate for their visionary leadership and dedication to justice and improving outcomes for youth in Massachusetts,” said Duci Goncalves, deputy chief counsel for the CPCS Youth Advocacy Division. “The ‘Raise the Age’ initiative is a critical step towards a more equitable and effective legal system. By allowing 18-year-olds to be under the jurisdiction of the juvenile court, the Senate has recognized the importance of providing rehabilitative support rather than punitive measures. This approach is proven to reduce recidivism, improve public safety, increase access to education, and ultimately create a more just society. CPCS is proud to support the ‘Raise the Age’ initiative and remains committed to advocating for policies that promote fairness, rehabilitation, and opportunity for all members of our community.”
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