Jurisdictional boundaries

Delinquency age boundaries

All states set age boundaries for when law-violating conduct is considered "delinquent" for a child, but would be labeled a "crime" if committed by an adult. The upper age of juvenile court jurisdiction over an offense committed by a minor has traditionally been through age 17 (up to age 18) in most states. Common law can set the lower age at seven years old, but many states specify the lower age of delinquency in statute.  The extended age of delinquency in most states is up through age 20 so the juvenile court judge can continue its standard jurisdiction or extend sanctions and services.

Recent changes

Several states with upper ages below 17 are in the process of implementing legislative change to conform with the national majority and Vermont will become the only state to raise the age beyond 18.

• In Louisiana, the highest age an individual's alleged conduct can be considered a "delinquent act" is 16. Pursuant to Louisiana S.B. 248, beginning 3/1/2019 certain non-violent conduct of a 17 year old may be considered a delinquent act, and on 7/1/2020 all conduct of a 17 year old will be included.

• In Michigan, starting in October 2021, 17-year-olds will no longer automatically be treated as adults in the criminal justice system.

• In Missouri, the highest age an individual's (alleged) conduct can be considered delinquent is 16. Pursuant to Missouri S.B. No. 800, effective 1/1/2021 the threshold age will be 17 instead.

• In New York, A3009C (signed 4/10/2017) raised the age through 16 effective 10/1/2018, and through age 17, effective 10/1/2019.

• In North Carolina, SL2017-57 raised the age through 17, effective 12/1/2019.

• South Carolina's Act 268 was signed to raise the age through age 17, effective 7/1/19.

• In Vermont, Act 201 of 2018 (signed 5/30/2018) raises the age to 18 effective 7/1/2020, and through age 19, effective 7/1/2022. While the implementation is pending, the definition of a juvenile proceeding in Vermont under VT ST §§ 5102 and 5103 allows juvenile jurisdiction to be sought through Vermont's youthful offender provisions (blended sentencing) for youth through age 21.

Pending implementation of the above reforms, only three states will prosecute law violations of a 17-year-old the same as an adult (Georgia, Texas and Wisconsin).

Learn more

• U.S. Age Boundaries of Delinquency 2016 (JJGPS StateScan, 2017)

Transfer discretion

All states have statutes that make exceptions to the age boundaries of delinquency by specifying when the offense of a juvenile may or must be considered the crime of an adult.  A century ago, the decision to send a minor to (adult) criminal court was more of an anticipated sentence decision left up to the juvenile court judge. Over time, informal agreements among prosecutors, criminal court, and juvenile court judges led to local practices that varied widely. 

Supreme Court cases in the late 1960’s and 1970’s that required procedural safeguards for juveniles similar to those for adults in criminal court (Kent, Gault, Breed, McKeiver), along with youth violent crime rate spikes during the 1980’s and 1990’s, led to a rash of amendments as transfer statutes were scrutinized and dramatically changed.  State legislatures passed laws to standardize and reallocate formal transfer discretion away from the juvenile court judge. 

• Trends in Juvenile Justice Legislation 2011-15 (2015)
• Trying Juveniles as Adults: An Analysis of State Transfer Laws and Reporting (2011)
• State Responses to Serious and Violent Juvenile Crime (1995 publication documenting sweeping transfer change)

Transfer provisions

Transfer provisions are exceptions to age boundaries of delinquency that permit or require jurisdiction of the (adult) criminal court, depending on the minor's age, history, or circumstances of the offense. Statutes explain when juvenile or criminal court may be selected as the initial venue to adjudicate or convict youth accused of qualifying offenses and when the initial decision can be changed. Other sections provide for when a juvenile disposition (sanction) or adult sentence may or must be ordered.

Child-only status offenses (like running away, unless labeled delinquent in the state) and categories of offenses assigned to municipal courts regardless of age (such as hunting license or motor vehicle violations) are not encompassed within transfer provisions. Sections related to interstate compacts, federal jurisdiction, international law, or pertaining to American Indian/Alaskan Natives or US territory residents or lands are not described. Other procedural details can be found in state and local court rules, regulations, and other agency guidance documents.

Learn more

• OJJDP Statistical Briefing Book (federal website with additional transfer provision facts)
  
• Juvenile Justice Bills Tracking Database (tracks proposed transfer legislation in the states)

• Juvenile Justice in a Developmental Framework: A 2015 Status Report (addresses automatic transfer reform)

Transfer trends

There are several ways for a youth's case to be transferred to adult court. Nationally, only transfers to adult court by judicial waiver are known. The National Juvenile Court Data Archive—maintained by the National Center for Juvenile Justice—standardizes data provided by the states and generates national estimates of fundamental delinquency court processing events, including cases judicially waived to criminal court.

Twenty-six states and DC report statistics for other methods of transfer.  Most of these states provide a single count of youth transferred. However, six states (Arizona, California, Florida, Michigan, Rhode Island, and Washington) report detail on the multiple provisions used to transfer youth in their state including cases initially filed in adult court without a waiver. Cross-state comparisons should be made with caution as state-reported trends represent different data sources and units of count. For example Georgia's report only captures cases that received an adult sentence whereas Oregon data reflects all youth disposed to adult court despite of sentencing outcomes.

Learn more

• Delinquency Cases Waived to Criminal Court (bulletin series)
• Juvenile Court Statistics (report series)
• Easy Access to Juvenile Court Statistics (online query tool)
• Transfers of Juveniles to Adult Court: Effects of a Broad Policy on One Court (research summary concerning transfer outcomes)

Progressive data

Six states track trends by transfer provision type, but some states report additional important details for understanding the results of transfer policies. Examples include demographics, such as age (9 states), gender (8), race (9) and county (14) of youth transferred to criminal court; the offense associated with the transfer (7); and sentencing outcomes (4).

This section highlights annual publications or online dashboards from states that publically report the most comprehensive or innovative presentation of information about transfer.