Act 201: 21 Year Old Juvenile Offenders? and More!

Act 201: 21 Year Old Juvenile Offenders? and More!

Vermont’s “Raise the Age” Reform Under the Microscope

In 2018, Vermont became the first state in the nation to pass Raise the Age (RTA) legislation, a reform designed to treat 18-year-olds as juveniles rather than adults for most criminal offenses. The initiative was based on developmental science showing that young adults’ brains are still maturing, making them more responsive to rehabilitation. The goal was to offer youthful offenders opportunities for accountability and growth in a system focused on treatment rather than punishment.

RTA was designed to be implemented in phases:

  • Phase 1 (2020): Juvenile court jurisdiction expanded to include 18-year-olds.
  • Phase 2 (2025): Scheduled to expand to 19-year-olds.
  • Future Intent: The ultimate goal is to include offenders up to 21-years-old in juvenile court, a level of ambition rarely attempted elsewhere.

While this bold vision may have earned Vermont praise for being a leader in juvenile justice reform, a closer examination reveals troubling systemic flaws. Recent Judiciary Committee hearings, rising crime trends, and the history of RTA’s passage point to a recurring issue in Montpelier: the legislature’s tendency to pass sweeping reforms without fully accounting for their financial and systemic implications.

Act 201: Ambition Without Accountability

Act 201, the law enabling RTA, reveals a pattern of legislative overreach that prioritizes political expediency over practicality. Legislators allocated just $200,000 to prepare for its implementation—an amount clearly insufficient to expand services, develop infrastructure, and hire additional staff. This underfunding was not accidental; it was a deliberate effort to hide the true costs of the legislation.

Rather than confronting the full financial burden of RTA, lawmakers deferred much of the planning and oversight to underfunded agencies like the Department for Children and Families (DCF). They required DCF to submit periodic reports and updates but failed to provide the tools or resources needed to collect meaningful data or implement critical reforms. Residential treatment programs and diversion opportunities, both essential to RTA’s success, remain underfunded or inconsistent across counties.

The lack of supporting data for such an ambitious policy is not an oversight—it is a pattern. As Representative Martin LaLonde candidly admitted during the January 15, 2025 Judiciary Committee meeting, “The council has taken a position that barring information that we don’t have at this point, we should move on to the next step.” The next step being adding 19-year-olds to the juvenile courts starting in April of 2025. This statement, made approximately 30 minutes and 28 seconds into the meeting, underscores the Vermont legislature’s troubling habit of advancing reforms without the necessary data to evaluate their impact. It’s a practice that leaves both taxpayers and state agencies in the dark.

An Overburdened Juvenile Justice System

Recent Judiciary Committee hearings exposed the cracks in Vermont’s juvenile justice system. Testimony from DCF highlighted a lack of residential treatment capacity, staffing shortages, and underfunded community-based programs. Many residential facilities are still operating at reduced capacity due to pandemic-era disruptions.

Counties also vary widely in their use of diversion, raising questions about equity and accountability in handling youthful offenders. As Judge Davenport stated during the hearings, “Looking at data raises questions that need to be answered and helps us see where the gaps are in the system.” Without robust data on recidivism, caseloads, or diversion outcomes, Vermont cannot effectively evaluate RTA’s impact.

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Rising Crime and Public Safety Concerns

While RTA aims to rehabilitate youth offenders, its implementation has coincided with a troubling rise in property crimes:

  • Motor Vehicle Thefts have surged by 236%, from 236 incidents in 2016 to 793 in 2022.
  • Larceny/Theft increased by 62%, climbing from 6,450 to 10,483 incidents.
  • Counterfeiting/Forgery offenses spiked by 326%, from 120 to 512 incidents.

These trends raise serious questions about accountability gaps in Vermont’s justice system. While causation cannot be definitively established, the combination of lax prosecutions, bail reform, RTA, and systemic underfunding has created conditions that embolden repeat offenders and leave victims without meaningful recourse.

A Misguided Legislative Agenda

Responsibility for these systemic failures lies squarely with the legislature. By passing Act 201 with insufficient funding and oversight, lawmakers set Vermont’s juvenile justice system up for failure. Agencies like DCF were left to shoulder the burden of implementing an underfunded mandate, while taxpayers absorbed the long-term costs.

This is not an isolated incident. From housing reforms under Act 250 to healthcare initiatives, Vermont’s legislature has a track record of passing ambitious policies without adequately preparing for their financial and operational realities. The result is a cycle of poorly implemented reforms that fail to deliver on their promises while eroding public trust and costing taxpayers a fortune.

Learning from Other Systems

Vermont’s approach to Raise the Age and other reforms also reflects a deeper inconsistency in how the state views maturity. Representative Martin LaLonde, who supports classifying 18- to 21-year-olds as juveniles under RTA, voted to override Governor Scott’s veto of allowing 16-year-olds to vote in town elections. This decision, applied to municipalities like Brattleboro, directly contradicts the logic used to justify RTA. How can a 16-year-old be mature enough to vote but a 21-year-old be too immature to face adult accountability? This glaring inconsistency erodes confidence in the legislature’s ability to craft coherent, evidence-based policies.

Advocates for Raise the Age often point to developmental research showing that young adults’ brains are still maturing. But if there’s any organization that understands the challenges and potential of working with 18- to 21-year-olds, it’s the U.S. military. Over decades—indeed, centuries—the military has developed systems to channel the energy, impulsivity, and resilience of this age group into structured, disciplined environments with measurable outcomes.

Unlike Vermont’s justice reforms, which lean heavily on leniency and theoretical models, the military’s strategies focus on accountability, training, and clear consequences. Despite access to the same “latest research” on adolescent development, the military has largely upheld its traditional methods because they work—and at a scale unmatched by any other system.

This is not to suggest that Vermont’s justice system should mirror the military, but it does highlight a key lesson: structure and accountability are essential. The military’s success stands in sharp contrast to Vermont’s reliance on leniency, underfunded programs, and a lack of data, leaving Raise the Age dangerously incomplete.

A Call to Action

Statements like Representative LaLonde’s, combined with the legislature’s inconsistent logic on maturity, highlight why Vermont taxpayers must demand more from their representatives. Legislating without data, resources, or accountability is not just ineffective—it’s reckless.

Raise the Age was built on good intentions, but intentions alone are not enough. Vermont’s taxpayers must demand better from their representatives:

  1. Transparency: Insist on clear reporting of costs, outcomes, and implementation progress.
  2. Accountability: Hold lawmakers responsible for passing reforms that are both ambitious and functional.
  3. System Readiness: Ensure resources, infrastructure, and staff are in place before expanding juvenile jurisdiction further.

Vermont cannot afford to continue the cycle of underfunded mandates and poorly executed policies. Lawmakers must be honest about the true costs of their proposals and prioritize sustainable reforms. Public trust—and the state’s future—depend on it.

Dave Soulia | FYIVT

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One response to “Act 201: 21 Year Old Juvenile Offenders? and More!”

  1. grandballoon2c123d9754 Avatar
    grandballoon2c123d9754

    If 18 year old peop

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