Bipartisan proposals would see 17-year-olds no longer automatically treated as adults in court

Legislation sponsored by state Rep. Ryan Berman to end current policy requiring all 17-year-olds to be automatically treated as adults in Michigan’s criminal justice system is one step from being law.

Berman, of Commerce Township, said Michigan is one of just four states still requiring all 17-year-olds to be automatically prosecuted as adults – even those who commit the most minor offenses. Through the elimination of this harmful and ineffective practice, young offenders have a better chance of rehabilitation while the likelihood of them breaking the law again in the future is reduced.

“The juvenile system has more support services available to help put youth on the right track,” Berman said. “I’m pleased these bills are close to becoming law so we can begin to help properly rehabilitate more young people, whose care have been charged to the state.”

Including 17-year-olds in the juvenile system has been shown to reduce reoffending by 34 percent, according to the Centers for Disease Control.

Other states have also pursued legislation changing age thresholds for juveniles over the last several years. Connecticut passed similar proposals in 2007 and saw a 21-percent decrease in juvenile court referrals over a seven-year period. The rate juvenile offenders were arrested again also dropped by 7 percent and the costs associated with the change ended up being less than what was originally budgeted.

The plans, which received final legislative approval this week, would raise the age at which individuals are considered adults for the purposes of prosecuting and adjudicating criminal offenses. Berman’s legislation, House Bill 4136, updates the Juvenile Diversion Act to change the definition of a minor.

The changes allow 17-year-olds to be treated as minors in most circumstances beginning Oct. 1, 2021. Prosecutors will continue to have discretion, allowing them to waive minors who commit violent crimes into the adult system when appropriate.