Seventeen, going on eighteen: an operational and fiscal analysis of a proposal to raise the age of juvenile jurisdiction in Texas

AbstractThe age of juvenile jurisdiction in Texas, unlike the majority of states, is seventeen, meaning that any seventeen-year-old arrested is treated as an adult, regardless of the severity of the crime. Recent research shows that young people face physical and psychological risks when placed in adult prisons, and that a young person adjudicated in the juvenile justice system experiences far better outcomes. Additionally, developments in neuroscience confirm the original rationale for separate justice systems for juveniles: the human brain is still developing into a person's mid-twenties, and as a result adolescent offenders are more malleable, and less culpable, than their adult counterparts. In response to these findings, four states have raised their relevant age of juvenile jurisdiction in the past five years, with four more states currently discussing such a change. This Article examines what the operational and fiscal impact on Texas would be if the age of juvenile jurisdiction were to be raised from seventeen to eighteen years old. The authors interviewed stakeholders and conducted an extensive cost-benefit analysis. We found most stakeholders supported the concept of raising the age of juvenile jurisdiction, while noting that there could be some significant operational challenges to be addressed. Our cost-benefit analysis found that raising the age of juvenile jurisdiction would have a net benefit of $88.9 million for every cohort of seventeen-year-olds moved into the juvenile system in Texas. This policy change would require an investment of $50.9 million per cohort, but would result in $139.9 million in benefits to taxpayers, victims, and youth. Our research indicates that not only would raising the age of juvenile jurisdiction be beneficial to our state's youthful offenders with no detrimental effect on public safety, but it would be beneficial for Texas, its counties, taxpayers, and potential victims in the long run.I. Introduction 3A. Purpose of the Report 3B. Methodology 5II. Overview: The Need for Two Distinct Justice Systems 6A. The Still-Developing Brains of Juveniles 7B. A Different System for Youthful Offenders 8C. Increased Costs of the Juvenile System Leads to Improved LongTerm Outcomes 10D. Concerns About Handling Seventeen-Year-Olds in the Adult Criminal Justice System 12E. Prison Rape Elimination Act (PREA) Requirements 14III. Texas as a National and International Outlier for its Age of Juvenile Jurisdiction 15A. National Trend Towards Raising the Age of Juvenile Jurisdiction 17B. States Considering a Change in Age of Juvenile Jurisdiction 20IV. The Impact of Raising the Maximum Age of Juvenile Jurisdiction in Texas 23A. Feasibility Analysis 24B. Cost-Benefit Analysis 301. Methodology 302. Assumptions 32C. Impact on Population 351. The Volume of Arrests of Seventeen-Year-Olds 352. The Types of Crimes Committed by Seventeen-Year-Olds 373. Projecting Arrests of Seven teen- Year-Olds into the Juvenile Justice System 38D. Costs and Savings for Taxpayers 421. Costs for the Juvenile Justice System 43a. Arrests 43b. Juvenile Court Costs 44c. Costs of Juvenile Probation and TJJD Commitment 44d. Juvenile Capacity Issues 472. Cost Savings for Taxpayers …