Back in the 1990s, America saw a large uptick in violent crime. Even more disturbing was that many of these crimes were being perpetrated by juveniles. In response, the Missouri Legislature passed a comprehensive crime bill in 1995 that, among other things, created what is known as the Dual Jurisdiction program. Under the program, juvenile offenders under the age of 17 who have been certified as adults were allowed to stay in the custody of the Division of Youth Services, versus placement in the adult prison population. We did this for a number of reasons.

Prisons are inherently dangerous. No amount of laws or regulations will ever change that fact. The youngest inmates, however, are particularly vulnerable. They’re also quite susceptible to the influence of others, and in a prison, that happens to be other criminals. Instead of being rehabilitated, many of these young inmates just expanded their criminal education under the tutelage of their fellow prisoners. The system wasn’t deterring these juvenile offenders from a life of crime; it was inadvertently preparing them for a life of revolving-door incarceration. Studies have shown the recidivism rate for young offenders is much higher than those of adults. It’s estimated this can cost the state anywhere from $3 million to $6 million over the lifetime of that inmate.

The Dual Jurisdiction program addressed the issue by separating inmates under the age of 17 from adult prisoners. The program helped keep these juveniles safe, but it also indicated our state’s commitment to truly rehabilitating these young offenders. A life of crime is a wasted life, and this program sought to put these young offenders on a better path before it was too late.  

The program was a rousing success. It has been recognized nationally as a model system for dealing with juvenile offenders. In recent years, however, it’s become apparent that the program is under-utilized, mostly due to court delays and vague language in current law.

This year, I filed Senate Bill 36, which makes two minor changes to the Dual Jurisdiction program. The bill extends the timeframe under which juveniles can be considered for the program. Currently, only youth who complete the court process before the age of 17 are eligible. Because of delays in the court system, though, many youth were unfairly disqualified. Senate Bill 36 extends the age of eligibility to 17 and a half to allow more young offenders an opportunity for placement in dual jurisdiction.

The bill also requires judges to consider Dual Jurisdiction for certified youth. The law in place now is vague. Senate Bill 36 clarifies that a judge simply consider dual jurisdiction as an option; it in no way requires the court to place these young inmates in the program.

This legislation has been extensively vetted by all the departments and agencies that would be affected. It’s also garnered broad bi-partisan support, including co-sponsorship from members of the minority caucus. The Missouri Bar Association has also indicated its support, an important endorsement from the legal community.

On Wednesday, the Missouri Senate gave initial approval to Senate Bill 36. This bill will improve public safety and save taxpayer dollars by preventing these young offenders from a lifetime of incarceration. Most importantly, though, it takes a rehabilitative approach to our youngest offenders and gives them a chance at becoming productive members of society. I was proud to sponsor this bill, and grateful to see my colleagues support it.

Contact Me

I always appreciate hearing your comments, opinions, and concerns. Please feel free to contact me in Jefferson City at (573) 751-2459. You may write me at Wayne Wallingford; Missouri Senate; State Capitol; Jefferson City, Mo. 65101, or email at wayne.wallingford@senate.mo.gov or www.senate.mo.gov/wallingford.

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