It’s time for Georgia to raise the age of juvenile court jurisdiction

By Polly McKinney, Advocacy Director, Voices for Georgia’s Children

In Georgia, when a 17-year-old kid is arrested, regardless what that arrest is for or whether or not the offense was violent, our criminal justice system treats that kid as if they were 30, 40, 50, 60 or 70 years old. Their parents won’t get a call from the cops or the court. Their penalties likely will not involve evidence-based therapies to address underlying behavioral or mental health problems.  And the opportunity for that kid to complete their education is vastly diminished. For all practical purposes, that kid, who is still are not considered developmentally mature enough to enlist in the military, age out of foster care, or drink a beer must somehow figure out how to navigate (and survive) an adult criminal justice system without the benefit of supports that we know help kids grow past the mistakes of teenage-hood.

House Bill 272 would change that.

This bill seeks to bring 17-year-old non-violent alleged offenders under the purview of juvenile court. (Note: This bill does NOT affect youth who are alleged to commit the most serious violent crimes, such as rape, murder, armed robbery and the like. Such youthful offenders would continue to be tried in the adult system as they are now.)

Why is this important?  You see, vast amounts of brain research has taught us that the human brain is not fully developed until a person is about 25 years old. What’s more, the part of the brain that controls executive function (a fancy term for rational thinking) is the last part of the brain to develop. Which explains why so many of us do stupid things when we are teenagers. 

Because a teen’s executive functioning skills are not fully developed, they are less capable of impulse control, less able to regulate their emotions, and less able to consider the consequences of their actions, while being more easily influenced by their environment (i.e., their peers). This also means teenagers are more likely to change course when given the right supports.

These kinds of restorative and habilitative supports are exactly why the juvenile justice system was developed. Juvenile courts are designed to help juveniles grow into productive, law-abiding adults. This involves work with the kids, often their families and other tools, including mentoring, tutoring, mental health treatment or substance abuse treatment, evidence-based therapies and programs, career development and job readiness training, and a focus on education. In short, Georgia’s juvenile justice system is designed to prepare teenagers for adulthood – recognizing they are still teens.

And that system should include 17-year-olds. 

It’s time to Raise the Age of Juvenile Court Jurisdiction to include 17-year-olds.

Embarrassingly, we are one of the last 3 states to “Raise the Age.” States that have raised the age of juvenile court jurisdiction are seeing diminishing rates of juvenile arrests and decreased rates of recidivism.  Plus, we know from our own incredibly successful juvenile justice reforms that when you provide thoughtful, developmentally appropriate programs and services, kids are frequently able to overcome troublesome personal challenges and avoid life-long involvement with the criminal justice system.  This not only allows a kid to grow into a more productive and stable adult, but it ultimately saves the state money and improves public safety.

In order to raise the age of juvenile court jurisdiction, HB 272 has a few steps to go, and will require quick advocacy from all interested parties to be successful. 

Please, call your state representative and state senator and let them know you support HB 272 and ask them to vote YES whenever the bill comes before them.

You can find your legislators here, and use this factsheet to tell them why you believe Georgia needs to Raise the Age!