The provisions of the bill addressing felony sanctions for adults are the subject of this analysis. The bill would amend various codes as they relate to the age of criminal responsibility and to certain substantive and procedural matters related to that age. Certain provisions would take effect on September 1, 2023 and apply to an offense committed on or after the effective date of the act.
Under the provisions of the bill, individuals who are 17 at offense would be considered juveniles and would be under the jurisdiction of juvenile courts and the juvenile justice system instead of the adult criminal justice system. There were 116 new admissions to adult correctional institutions for persons who were 17 at offense and who, under the provisions of the bill, would no longer be eligible for adult correctional institutions in fiscal year 2018; there were 122 new admissions to adult correctional institutions for persons who were 17 at offense and who, under the provisions of the bill, would no longer be eligible for adult correctional institutions in fiscal year 2019; and there were 68 new admissions to adult correctional institutions for persons who were 17 at offense and who, under the provisions of the bill, would no longer be eligible for adult correctional institutions in fiscal year 2020. There were 646 individuals in fiscal year 2018, 548 individuals in fiscal year 2019, and 411 individuals in fiscal year 2020 who were placed under adult felony community supervision who were under 17 at offense and would no longer be eligible for such supervision. Estimated populations are based on the adult incarceration projections included in the January 2021 Adult and Juvenile Correctional Population Projections report, include a small time lag, and assume sentencing patterns and policies not addressed in the bill remain constant. The probable impact on adult correctional populations of implementing the provisions of the bill during each of the first five years following passage is estimated as follows: