1 17-Year-Old Offenders in the Adult Criminal Justice System Legislative Audit Bureau April 2008

2 Criminal Justice System u 1995 Wisconsin Act 27 placed 17-year-old offenders under criminal court jurisdiction u Law enforcement officials, prosecutors, and judges all have important roles u Wisconsin’s Department of Corrections supervises 17-year-old offenders in prison and on probation

3 Arrests of 17-Year-Olds ( )

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5 Arrest Rates by Age (2005)

6 Cases Filed Against 17-Year-Olds ( )

7 Disposition of Cases Filed as Felonies (2003 – 2007)

8 Sentences for 17-Year-Old Offenders u There were higher incarceration rates in Milwaukee and Racine counties u There were higher incarceration rates for African-American and Hispanic/Latino offenders u Types of crimes varied by race/ethnicity u Availability of alternative justice programs varied across the state

9 17-Year-Old Offenders in Five County Jails u Most of these offenders were jailed for less than one week u Public order crimes were the most common reason for booking these offenders into jail u The delivery of educational services varied among the counties u Rehabilitative programs available to these offenders was minimal

10 17-Year-Old Offenders Entering the Adult Correctional System ( )

11 Programming Participation in Prison (17-Year-Old Offenders) u 494 of 585 offenders participated in some type of programming u 429 participated in at least one educational program u In a detailed review of 37 inmate files: –17 of 31 offenders without a high school diploma or equivalency earned one while incarcerated –20 of 37 offenders were identified as having moderate or serious alcohol or drug problems

12 Programming Needs of Offenders Placed on Probation u 79.6 percent had not completed 12 th grade u 13.8 percent were found to be in need of treatment because of frequent alcohol abuse u 21.3 percent were found to be in need of treatment because of frequent abuse of drugs u No statewide data were available on the receipt of services by these offenders

13 Probation Outcomes for 17-Year- Old Offenders ( Placements)

14 Recidivism Rates After Incarceration

15 Recidivism Rates Following Probation Placements

16 Estimated County Spending for Juvenile Corrections (2005)

17 Issues for Legislative Consideration u Retain adult criminal court jurisdiction over 17-year-olds u Change the age of adult court jurisdiction to 18 years-of-age u Make incremental change to adult court jurisdiction u Delay any change to adult court jurisdiction to allow for planning at the state and local levels

18 17-Year-Old Offenders in the Adult Criminal Justice System Legislative Audit Bureau April 2008