Valley Independent Sentinel

Police Question New ‘Raise The Age’ Law

by Jodie Mozdzer | Jan 10, 2010 9:53 pm

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Posted to: Ansonia, Derby, Oxford, Seymour, Shelton, Police

Ansonia —

The holding cell for juveniles at the Ansonia Police Department is no more than a one-person bathroom, minus the toilet.

And as of Jan. 1, that space got a little bit more crowded.

That’s because on the first of the year a new law went into effect that makes 16-year-olds count as juveniles for arrest and prosecution purposes. Previously, 16-year-olds were considered adults, and went through the adult court system.

Statewide, the new law will add about 6,600 more cases to the juvenile courts compared to last year.

Locally, it means that police departments will have to figure out more than where to put the extra offenders.

“I think the legislature left us in a precarious situation and we’re going to have to muddle through this,” Ansonia Police Chief Kevin Hale said.

(Click on the video above to hear Hale talk about the department’s holding cells and how the law affects them.)

THE LAW

The “Raise the Age“ law was passed in 2007, after much campaigning from civil rights groups.

It was set to go fully into effect — including both 16 and 17-year-olds as juveniles — in January 2010.

But state budget concerns led to a phased-in approach, with only 16-year-olds included in 2010. In 2012, 17-year-olds will also be considered juveniles under the law.

Advocates say the change was needed for several reasons.

Research shows that children who go through the juvenile system are less likely to reoffend, thereby saving the entire system money in the long run, says the Connecticut Juvenile Justice Alliance, a leader in the movement to get the law passed.

And the juvenile court system has a more supportive way of dealing with offenders, who may not have mature enough critical thinking skills to understand their actions.

The debate was brought to the forefront in 2004 when a 17-year-old locked up at the Manson Youth Institute committed suicide, the CJJA says. He was in jail because of a parole violation.

SPLIT OFFENDERS

Perhaps the biggest problem for local departments is figuring out when 16 year olds are considered adults and when they are considered juveniles.

Under the law, 16-year-olds will still go through the adult court for most motor vehicle offenses.

That’s because the juvenile courts aren’t set up to handle driving offenses, which can often be handled by paying a simple fine.

“There’s nothing like that comprobable in juvenile court,” said Deborah Fuller, the director for external affairs for the state judicial system. “Because some 16-year-olds drive, they wanted to handle them in the same way. So if you get a speeding ticket, you can just pay a fine. You won’t have to get a summons for juvenile court.”

But for police officers on the road, that means consulting a 42-page long list each time a 16-year-old is pulled over.

“If it’s a DUI, it’s treated like an adult,” Hale said. “What if we find a gun in the car? Or drugs in the car? Of if the car is stolen? Well now it’s a crime, and he’s also treated as a juvenile. So what do we do? Where do we send him?”

A memo sent to court workers indicates that the 16-year-olds with split offenses will have their cases heard at both the adult and juvenile courts.

COURT IMPACTS

Shifting 16-year-old offenders to the juvenile courts has a big impact.

The court cases are expected to go up almost 50 percent from last year, Fuller said.

The adult system, which is much larger, will only see a 2 percent drop in cases, Fuller said.

Some of the needed resources have already been added. The juvenile court system has already received 39 more probation officers, and about 15 more judicial marshals, Fuller said.

“The planning process for this has been going on for three years,” Fuller said. “We had all kinds of projections for what we were going to need.”

But, the state justice department expects a downward trend in the number of juvenile cases because of better support services offered in the court, Fuller said. She expects that the decrease will help offset the 16-year-olds added to the system this year.

MOVING FORWARD

The state’s chief juvenile prosecutor is working with local departments to help them understand the law and how it impacts them.

Hale said he attended a training session this week, but questions still linger.

“We need guidance on this,” Hale said. “I’m not saying it was a terrible idea. I think more work had to go into it. I think the cops on the street and those who represent them needed a bigger say in this.”

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