TO:	Honorable Senfronia Thompson, Chair, House Committee on Youth Health & Safety, Select
FROM:	Jerry McGinty, Director, Legislative Budget Board
IN RE:	HB828 by Dutton (Relating to the age of criminal responsibility and to certain substantive and procedural matters related to that age.), As Introduced

The bill would amend statutory provisions related to the age of criminal responsibility and to certain substantive and procedural matters related to that age. The bill would raise the minimum age at which a person who commits an offense may be prosecuted or convicted, with certain exceptions, from 17 to 18. The bill would establish that certain individuals who were 17 at the time of an 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. The bill would also make conforming changes to the jurisdiction of juvenile courts, probation, and juvenile state residential facilities. The sections of the bill changing the age of criminal responsibility would take effect on September 1, 2025, and apply to offenses committed on or after the effective date.

In fiscal year 2022, there were 1,189 individuals placed on adult misdemeanor community supervision, 1,232 individuals placed on adult felony community supervision, and 738 admitted into an adult state correctional institution who would have likely instead entered the juvenile system under the provisions of the bill. 

Population trends based on the February 2023 Adult and Juvenile Correctional Population Projections report were analyzed to determine the proportion of adult correctional institution, community supervision, and parole supervision admissions who would be served by the juvenile justice system under the provisions of the bill. The estimated impact on adult correctional populations includes an average lag time from offense to placement or admission based on historical data from fiscal year 2022. The estimated impact on juvenile correctional populations assumes that certain individuals placed on adult community supervision or admitted into an adult state correctional institution in fiscal year 2022 would have likely instead entered the juvenile system under the bill's provisions. It is assumed that these individuals would enter the juvenile justice system as referrals to juvenile probation departments, and that they would follow population trends observed in fiscal year 2022, including referral disposition, average lag time between offense and disposition, and average length of stay or supervision.