Reform is at hand for juvenile delinquency law. I recently had the pleasure of recording an on-demand seminar with Dan Geherin on this topic. Dan, who has practiced juvenile law both as a prosecutor and a defense attorney, highlighted the major legislative changes, including:
- Raise the Age – Effective October 1, 2021, the age of criminality is raised to 18. See 2019 PAs 102 through 113. Criminal defense attorneys should be prepared for a subsequent rise in juvenile delinquency cases.
- Clean Slate for Kids – Starting July 3, 2021, 2020 PA 361 expands discretionary expungement availability for juveniles with automatic expungements to follow in 2023.
- Close the Books – Beginning March 24, 2021, 2020 PA 362 makes juveniles' records nonpublic in most circumstances.
These changes are significant, but some argue there is room for improvement. For example, 2020 PA 362 limits access only to juvenile records — not proceedings, many of which are broadcast on YouTube (to the shock of many parents). In addition, Dan explained that Clean Slate for Kids won’t allow as many set asides for felony offenses as the adult expungement scheme. Further legislative changes may come from recommendations by the Task Force on Juvenile Justice Reform. The task force is hoping to make recommendations by summer 2022.
Along with statutory amendments, Dan also noted other trends affecting juvenile offenders, including progressive prosecutors who are electing not to charge status offenses. In addition, prosecutors are also considering whether to charge marijuana possession for individuals under the age of 21.
For more takeaways on juvenile delinquency issues, and how to be prepared for the predicted influx, stay tuned for ICLE's on-demand seminar with Dan, Handle the Juvenile Criminal Case.