We made beginning strides in juvenile justice reform with the introduction of the "Raise the Age" legislation. This groundbreaking legislation seeks to increase the age of criminal responsibility from 18 to 19, ensuring that young adults are treated with the understanding that they are still in crucial stages of brain development. This move aligns with a growing nationwide trend that emphasizes rehabilitation over punishment for young people, recognizing that a one-size-fits-all approach in the justice system is inadequate and counterproductive.
On the senate floor, my colleague, State Senator Pavel Payano, a strong advocate for the legislation, spoke passionately about the impact of this reform: "This crucial amendment addresses significant issues within our current criminal justice system by ending the automatic prosecution of 18-year-olds as adults and raising the age of the criminal court jurisdiction to 19." He emphasized the long-term repercussions for young people prosecuted as adults, including hindered access to education and workforce opportunities. Senator Payano also pointed out the inconsistency in current laws: "So we say in the Commonwealth that at 18, if you commit a crime, you are an adult. But you're not an adult to buy alcohol; you're not an adult to buy tobacco."
Senator Payano, once a teacher at the Middleton County Jail continued, “I had the opportunity to work in DYS (Department of Youth Services) with young people in a secure facility. I had students that, unfortunately, were not put into DYS but instead went to County Jail: That were looking for opportunities to complete their high school education; That were looking for opportunities to enter college; That were looking out for opportunities to gain a skill set so that they wouldn't go back to the same position that they were in before that caused them to commit crime. Unfortunately, you know, the culture in the jail, the access to resources in the jail, how these jails develop, they're not focused on trying to make sure that you are meeting every need so that these individuals go in the right path.”
The Department of Youth Services in Massachusetts serves as the state’s juvenile justice agency, responsible for protecting public safety and rehabilitating youth involved in the juvenile justice system. DYS operates a range of programs that aim to hold young offenders accountable while providing them with opportunities for education, mental health services, substance abuse treatment, and life skills development. The agency works closely with families, communities, and various stakeholders to ensure that youth receive the necessary support to transition back into society as productive, law-abiding citizens. Its approach emphasizes a balance between public safety and the personal growth of the youth in its care.
The statistics supporting this change are compelling. According to the National Institute of Justice, young people in the juvenile system are significantly less likely to reoffend compared to those in the adult system, with recidivism rates being more than twice as high for similar teens in the adult system. If this legislation passes, Massachusetts, which already ranks among the top five states with the lowest incarceration rates for young people, will be poised to see even greater reductions in youth incarceration with the implementation of this legislation.
“In DYS, it is completely different,” said Senator Payano in his floor speech. “I just visited the Middleton DYS Northeast Regional Youth Service Center, and I witnessed again and again, firsthand, the positive impact of that program. The facility offered comprehensive services, including healthcare, vocational education, specialized classrooms for art and music, skills based training, practical technical skills training that provided these young individuals with the tools that they needed to transition out of the system and into productive roles within our community.”
Ultimately, the Raise the Age legislation represents a compassionate and pragmatic approach to juvenile justice. By treating young people as individuals with potential for growth and change, rather than as adults deserving of harsh punishment, Massachusetts can set a powerful example for other states. As Senator Payano stated, "Passing Amendment 474 is not only an investment in our youth but also in the future of our communities." The focus on rehabilitation, rather than punishment, is a key step toward a more just, equitable, and safe society for all.
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The Raise the Age legislation was championed by Senator Crighton.
Learn more about Raise the Age here
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For media questions, please contact:
Giselle Rivera-Flores, Director of Communications at giselle.riveraflores@masenate.gov
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