Juvenile justice

The adult criminal justice system is not a good fit for 17-year-olds. That should change.

It’s hard enough to manage the responsibilities that come with adulthood. Try doing so when important building blocks for a productive life, such as securing employment, renting an apartment or obtaining certain vocational licenses, are out of reach because you’ve started out the gate as a 17-year-old with a record.

In our state, 17-year-olds are in a particularly difficult situation, not only when they draw criminal convictions as minors but because Texas prosecutes these teens as adults.

The adult criminal justice system is not a good fit for these youth. Brain science confirms what parents long have known: Teens, even older ones, are less likely to consider the consequences of their actions than someone in their 20s. They’re more likely to engage in dangerous behavior and be influenced by the poor judgment of others. That’s why rehabilitation is so important. But 17-year-olds who are convicted of a crime don’t receive the rehabilitative services they would in a juvenile facility, and their rearrest rates are higher than those incarcerated in the juvenile system. The future of these youths can be affected in other serious ways. As a protective measure, 17-year-olds can be confined in solitary cells. Despite its good intentions, this policy is hard on teens and can lead to mental health problems. The alternative, confinement in cells with adults, is problematic.

A survey conducted by Department of Justice shows that “1.8 percent of 16and 17-year-olds imprisoned with adults report being sexually abused by other inmates,” as reported in The Atlantic.

The toll of tragedies stemming from this misguided law goes on: Youth in adult facilities are more prone to suicide than youth who are aptly placed in juvenile facilities.

But revamping the state’s law isn’t just humane, it will save taxpayers money too. Although treating these youth as juveniles may increase the costs of their incarceration, the change will result in long-term saving, as the juvenile justice system does a better job of reducing recidivism than the adult criminal justice system.

A 2007 University of Texas study found that each youth who is rehabilitated can save taxpayers between $1.7 and $2.3 million in future criminal justice costs. In addition, the more youth who are successfully rehabilitated, the safer we’ll all be.

Most 17-year-olds arrested in Texas are not violent criminals, but have committed misdemeanor or nonviolent offenses, such as shoplifting, marijuana possession or public intoxication. Lawmakers can protect the public by giving judges the discretion to certify 17-year-olds as adults in the case of more serious crimes.

Probation officials from across the state testifying before the House Committee on Criminal Jurisprudence in 2015, generally agreed that 17-year-olds would be better served in the juvenile system, provided that lawmakers provide funding to ensure that these juveniles receive the rehabilitation services that they need.

Without a change in the law, some sheriffs will have to spend taxpayer dollars retrofitting jails under federal guidelines to keep 17-year-olds separate from older inmates to prevent prison rape.

Last session, several state legislators tried to pass a “raise the age” bill, but their efforts didn’t prevail. This session, state Reps. Harold Dutton Jr., D-Houston, and Gene Wu, D-Houston, among others, have already filed bills to remedy this harmful misclassification.

When 17-year-olds serve time in the adult criminal justice system, they’re less likely to do what we all want them to do: grow up to be successful adults. Taxpayers and 17-year-olds alike will be wellserved if lawmakers give these youth an opportunity for rehabilitation.

Most 17-year-olds arrested in Texas are not violent criminals.