Jim Collar, Post-Crescent Media
(Photo: Alexander Raths, Getty Images/iStockphoto)
APPLETON – While a state push to return non-violent, 17-year-old offenders to the juvenile justice system stalled this year, Outagamie County is forging ahead with a major policy shift in that direction.
The county's Division of Youth and Family Services is working with the district attorney's office to handle non-violent, first offenses involving 17-year-olds with programming and services that are otherwise offered to juvenile offenders.
Wisconsin is one of only 11 states where 17-year-olds are automatically treated as adults in the court system. In 1996, the state lowered the threshold for adult crimes from 18 to 17. A bill in the Legislature sought to return 17-year-olds accused of non-violent first offenses to the juvenile system. The so-called "second chances bill" drew strong bipartisan support, but failed to pass.
Under the Outagamie County plan, which takes effect today, prosecutors would hold off on adult criminal charges for qualifying 17-year-olds who agree to participate, and later close their case files without charges if they fulfill requirements. Prosecutors will refer applicable cases to Youth and Family Services, the county agency responsible for juvenile offenders.
Mark Mertens, manager of Youth and Family Services, said programming is intended to provide 17-year-olds with better means to avoid making poor decisions and refrain from committing future offenses.
"This is a logical step in the progression of using our courts to solve problems, and we've been very progressive in those regards," Mertens said.
Outagamie County officials expect to handle 50 to 75 cases annually.
Melinda Tempelis, Outagamie County's deputy district attorney, said the juvenile system focuses on identifying causes of illegal behavior and correcting it. It might be caused by hanging around with a bad crowd, substance abuse or mental health issues, she said.
Restitution could be part of the process, along with conferences between offenders and victims.
Most 17-year-olds live at home, and parents often want a role in the process, Tempelis said. "There really isn't a place for them in the adult system," she said.
Youth and Family Services is equipped to work with families if problems at home contribute to criminal behavior, Tempelis said.
Judge John Des Jardins expressed support for the plan, noting that many of the crimes that will qualify amount to nothing more than "youthful foolishness."
"They're of such low risk to the community, there's no benefit to harming them with a criminal record," he said.
Mertens suspects state efforts to return 17-year-olds to the juvenile system will re-emerge. If that happens, data collected through the Outagamie County effort could be part of the debate.
He expects 17-year-olds in the Outagamie County program will receive quicker, more intensive services than those in the traditional system.
County officials said studies show brain development extends beyond the teenage years. They're seeking grants to improve services for offenders into their mid-20s.
Tempelis said the new policy for 17-year-olds could improve the chances that first offenses don't lead to additional crimes.
"The science behind it tells us we're doing the right thing," Tempelis said.
— Jim Collar: 920-993-1000, ext. 216, or [email protected]; on Twitter @JimCollar
(Photo: Alexander Raths, Getty Images/iStockphoto)
APPLETON – While a state push to return non-violent, 17-year-old offenders to the juvenile justice system stalled this year, Outagamie County is forging ahead with a major policy shift in that direction.
The county's Division of Youth and Family Services is working with the district attorney's office to handle non-violent, first offenses involving 17-year-olds with programming and services that are otherwise offered to juvenile offenders.
Wisconsin is one of only 11 states where 17-year-olds are automatically treated as adults in the court system. In 1996, the state lowered the threshold for adult crimes from 18 to 17. A bill in the Legislature sought to return 17-year-olds accused of non-violent first offenses to the juvenile system. The so-called "second chances bill" drew strong bipartisan support, but failed to pass.
Under the Outagamie County plan, which takes effect today, prosecutors would hold off on adult criminal charges for qualifying 17-year-olds who agree to participate, and later close their case files without charges if they fulfill requirements. Prosecutors will refer applicable cases to Youth and Family Services, the county agency responsible for juvenile offenders.
Mark Mertens, manager of Youth and Family Services, said programming is intended to provide 17-year-olds with better means to avoid making poor decisions and refrain from committing future offenses.
"This is a logical step in the progression of using our courts to solve problems, and we've been very progressive in those regards," Mertens said.
Outagamie County officials expect to handle 50 to 75 cases annually.
Melinda Tempelis, Outagamie County's deputy district attorney, said the juvenile system focuses on identifying causes of illegal behavior and correcting it. It might be caused by hanging around with a bad crowd, substance abuse or mental health issues, she said.
Restitution could be part of the process, along with conferences between offenders and victims.
Most 17-year-olds live at home, and parents often want a role in the process, Tempelis said. "There really isn't a place for them in the adult system," she said.
Youth and Family Services is equipped to work with families if problems at home contribute to criminal behavior, Tempelis said.
Judge John Des Jardins expressed support for the plan, noting that many of the crimes that will qualify amount to nothing more than "youthful foolishness."
"They're of such low risk to the community, there's no benefit to harming them with a criminal record," he said.
Mertens suspects state efforts to return 17-year-olds to the juvenile system will re-emerge. If that happens, data collected through the Outagamie County effort could be part of the debate.
He expects 17-year-olds in the Outagamie County program will receive quicker, more intensive services than those in the traditional system.
County officials said studies show brain development extends beyond the teenage years. They're seeking grants to improve services for offenders into their mid-20s.
Tempelis said the new policy for 17-year-olds could improve the chances that first offenses don't lead to additional crimes.
"The science behind it tells us we're doing the right thing," Tempelis said.
— Jim Collar: 920-993-1000, ext. 216, or [email protected]; on Twitter @JimCollar