Environmental Scan

International Rules, Conventions and Recommendations

At the international level, the notion of a special approach to young adults in the justice system is well recognized.

Rule 3.3 of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules – 1985)⁠^{Footnote 20} states: “efforts shall also be made to extend the principles embodied in the Rules to young adult offenders”.

Two Recommendations of the Committee of Ministers of the Council of Europe also address young adult offenders. Rule 11 of the Recommendation of the Committee of Ministers to member states concerning new ways of dealing with juvenile delinquency and the role of juvenile justice (2003) states: “Reflecting the extended transition to adulthood, it should be possible for young adults under the age of 21 to be treated in a way comparable to juveniles and to be subject to the same interventions, when the judge is of the opinion that they are not as mature and responsible for their actions as full adults.”^{Footnote 21} Rule 17 of the Recommendation of the Committee of Ministers to member states on the European Rules for juvenile offenders subject to sanctions or measures (2008) states: “Young adult offenders may, where appropriate, be regarded as juveniles and dealt with accordingly.”^{Footnote 22}

The recommendations of the Seventeenth International Congress of Penal Law^{Footnote 23} regarding Criminal Responsibility of Minors in National and International Legal Order include: “Considering that the state of adolescence can be prolonged into young adulthood (25 years) and that, as a consequence, legislation needs to be adapted for young adults in a similar manner as it is done for minors, … 6. Concerning crimes committed by persons over 18 years of age, the applicability of the special provisions for minors may be extended up to the age of 25.”

International Legislation and Practice

Following are several examples of justice system approaches to young adults in other countries. This summary is not exhaustive; however, it identifies a variety of approaches to the special treatment of young adult offenders.

Europe

Most European countries have at least some special provisions in their criminal law for young adult offenders, whether it be the extension of juvenile law provisions, or mitigation of sentences imposed under the criminal law. An excellent summary is provided by Pruin & Dunkel, “Better in Europe? European responses to young adult offending”.^{Footnote 24} The upper age range for such provisions varies from 21 years in several countries to as high as 26 in Austria.

Germany^{Footnote 25}

Since 1953, all young adult offenders (age 18 through 21 at time of offence) are transferred to the jurisdiction of specialized youth courts. The youth courts have the option of sentencing young adults under either the Juvenile Justice Act or the Criminal Code. Approximately two-thirds of young adult offenders are sentenced under the juvenile law.

Sentencing of young adult offenders requires an assessment of maturity, including the offender’s personality and social environment. The court must impose a sentence under the Juvenile Justice Act if the offender’s moral and psychological development was like a juvenile at the time of committing the crime, and/or if the motives and circumstances of the offence are similar to those of a typical juvenile crime.

Sanctions under the Juvenile Justice Act include educational measures (including training courses and victim-offender mediation), disciplinary measures (e.g. reparation, fines, short-term detention) and youth imprisonment. Sentences to youth imprisonment are served in separate facilities from adult offenders and include access to a wider range of educational and vocational training.

If the court imposes a sentence under the criminal law as it applies to adults, sentences for young adults are generally mitigated compared to older adult offenders. For example, where an adult offender may be subject to a life sentence, a young adult would be subject to a maximum of 15 years. As well, young adult offenders sentenced under the criminal law may still be placed in juvenile facilities until the age of 24.

Bavaria, a German state, houses young adult prisoners sentenced under the criminal law in a special facility.

Austria^{Footnote 26}

Young adults who commit offences prior to age 21^{Footnote 27} are sentenced in specialized youth court. Judges and prosecutors in youth courts “should have appropriate education and training as well as experience in the education and upbringing of youths.”^{Footnote 28} Various provisions of the law applying to young offenders (age 14 - 17) also apply to young adults, including limits on pretrial detention, separation from incarcerated adult offenders, and specialized assessments for sentencing. Young adults can be placed and remain in juvenile detention facilities until age 27.

Sanctions for young adult offenders are those available under the criminal law, not the youth justice law; however, maximum and minimum sentence lengths are mitigated. As well, young adults are eligible for early release to parole sooner than adults.

Croatia^{Footnote 29}

Young adult offenders (aged 18-21 years) fall under the jurisdiction of the juvenile court, and juvenile sanctions may be imposed.^{Footnote 30} Considerations for imposing a juvenile sanction include the type of offence, the age and personality of the offender, and whether the purpose of sanctioning will be achieved though correctional measures or juvenile imprisonment. If a young adult is sentenced according to the criminal law, sanctions may be mitigated.

Sweden^{Footnote 31}

Unlike most western nations, Sweden does not have a separate youth justice system. The age of criminal responsibility in Sweden is fifteen years. There are no specific juvenile/youth justice courts; offenders under the age of eighteen are the joint responsibility of the child welfare and criminal justice systems.

Despite the absence of juvenile courts, Sweden does have a distinct approach to offenders under the age of 21. Judges should be specially selected; sentences are mitigated for those under age 21; proceedings are to be accelerated; the public may be excluded from proceedings; and the maximum sentence of imprisonment is 14 years. As well, fines and sentences of incarceration are mitigated according to a formula, with greater mitigation applicable to younger age groups.

Netherlands^{Footnote 32}

The Netherlands introduced new legislative provisions for young adult offenders (adolescentenstrafrecht) in 2014. Young adults from age 18 to 23 who are charged with an offence are dealt with by the criminal court; however, youth sanctions may be imposed.

All young adult offenders are assessed early in the court proceedings using a special tool to assess maturity and social, emotional, and cognitive development. The advice of a psychologist or psychiatrist may also be sought. If the prosecutor indicates intention to seek a youth sanction, the young adult may be transferred to a detention facility for juveniles.

England & Wales

In England and Wales, young adults (aged 18 through 20) are sentenced in the criminal court; however, with limited exceptions cannot be sentenced to imprisonment in an adult jail. Instead, they are sentenced to detention in a facility for young offenders.^{Footnote 33}

There are no differences in sentencing options for young adults apart from the limitations on imprisonment in an adult facility. There are, however, sentencing guidelines^{Footnote 34} which identify age and/or lack of maturity as mitigating factors in sentencing. The guidelines may result in shorter or non-custodial sentences for young adults.

The Transition to Adulthood (T2A)^{Footnote 35} is an initiative of the Barrow Cadbury Trust’s criminal justice programme, developing and promoting effective policy and practice for young adults in the criminal justice system. T2A has produced numerous reports related to young adults in the justice system, including publications addressing the needs of female and non-binary young adults. Several publications are referenced in the bibliography to this report and may be helpful references moving forward.

Other European Countries^{Footnote 36}

Several European countries, including Switzerland, Turkey, Northern Ireland, and Scotland house young adults in specialized facilities, with the upper limit of age ranging between 21 and 25 years.

Australia

The State of Victoria is implementing a specific community based order (CBO) for young adults under age 25 years, with greater focus on addressing rehabilitation and reintegration.^{Footnote 37}

In New South Wales, the principles of general deterrence and public condemnation are generally considered less important than the potential for rehabilitation of young adult offenders.^{Footnote 38} The need for specialized programming for young adults was officially recognized in a Ministerial statement in 1991 and led to the development of the Gurnang Life Challenge. This sixteen-week program includes education focussed on literacy and numeracy skills, training, work placement and pre-release planning/support. A variation of the program has been established for young adult female offenders.^{Footnote 39} As well, the Young Adult Satellite Program, for female offenders aged 18-30 and male offenders aged 18-25, is a relatively short program featuring Adventure Based Challenge activities, cognitive learning, and immediate future planning and goals. Target clientele include individuals who may not be able to access other programming due to their security classification or short sentence.^{Footnote 40}

United States of America

Approximately half of the American states have established special policies for young adults within the adult criminal justice system.^{Footnote 41} These include reduced sentencing options, young adult courts, separate prison facilities and records expunction provisions.

Several states, including New York, Connecticut, Massachusetts, and Illinois have considered legislation to raise the age of juvenile court jurisdiction, although the bills have not been enacted.^{Footnote 42} Vermont enacted legislation to incrementally increase the age jurisdiction of juvenile court, with those aged 18 now processed in the juvenile justice system. The age jurisdiction was to have been further increased in 2022 and then again in 2024 to include 19- and 20-year-olds respectively; however, the current Governor has paused this plan.

Some states have implemented pre-trial processes and diversion programs for young adult offenders. In North Carolina, participation in a Young Adult Offender Program allows first-time offenders aged 16-25 charged with minor offences to have charges dismissed. The program includes a life skills workshop, written apology, and community service.^{Footnote 43}

About a dozen jurisdictions have implemented specialized court proceedings for young adult offenders.^{Footnote 44} In New York, the Brooklyn Justice Initiative supports young adults (age 16-24) with alternative sentencing including community-based mental health services and drug treatment. As part of the initiative, prosecutors receive training on trauma, evidence-based programming, and appropriate interventions.

San Francisco established a Young Adult Court^{Footnote 45} in 2015, for offenders aged 18-24 years. Young adults may be referred to the court by the prosecutor, public defender, or probation services. Those accepted participate in a wellness plan which may include housing, educational support, job readiness, etc. Participation generally lasts a year or longer. Approximately 50 participants are accepted each year.^{Footnote 46}

Several states, including Mississippi, Wisconsin and California have established specialized correctional facilities or correctional units for young adults, with additional rehabilitative programming and developmentally appropriate services.

The San Francisco Adult Probation Transitional Age Youth (TAY) Unit^{Footnote 47} serves young adults aged 18-25 years. Officers in the TAY unit are specially selected and receive additional training to work with this age group; the unit stresses a rehabilitative approach and collaborates with other parts of the justice system as well as educational services. In Massachusetts, the Roca Model^{Footnote 48} supports young men aged 18-24 years to avoid incarceration and participate in community programming including education, employment, life skills, substance abuse, and cognitive-behavioural therapy. Program participation includes 2 years of intensive programming followed by two years of less intensive follow-up.

Canada

In Canada there is no formal legislative recognition of young adults in the criminal justice system, although reports under Criminal Code section 721 (pre-sentence reports) are required to include information regarding the offender’s age and maturity.

A brief survey of Federal-Provincial-Territorial justice officials and non-government organizations involved in justice services identified the following initiatives.

As custody counts and community caseloads have decreased, Prince Edward Island (PEI) has extended youth justice programming to young adult offenders, capitalizing on available capacity in the youth justice system. As well, youth probation officers may continue to supervise young adult offenders.
Nova Scotia has approved plans to establish a Youth Transition Unit for incarcerated young adults aged 18-21. Like PEI, this initiative is capitalizing on available capacity in the youth system.
New Brunswick emphasizes restorative justice and diversion options for young adults.
Prosecutors in Quebec are required to consider age and personal characteristics when assessing the public interest in proceeding with a prosecution.
In Ontario, directives and advice to prosecutors highlight age as a factor in decisions relating to bail, charge screening, resolution positions and sentencing. Jurisprudence has consistently emphasized the need for the least-restrictive sentence to be imposed on youthful or first-time adult offenders.
The London [Ontario] Justice Centre pilot project focusses on young adults aged 18-24 years, prioritizing young adults who are not employed or attending school or other training. The pilot aims to increase pre- and post-charge diversion of young adults, using a needs-based screening tool to identify risk factors and employing a multi-sectoral approach to identify appropriate services (e.g. housing, mental health services, life-skills training).
In Saskatchewan, there is increased emphasis on the use of diversion, pre-trial/pre-sentence conferences, and modified sentence recommendations for young adults. Like PEI, youth probation officers may continue supervision if their clients transition into the adult justice system; efforts are also made to ensure consistent case management and continuation of programming for young adults transferring from youth to adult facilities.
In Alberta, the Alternative Measures Guideline has recently been expanded, specifying that first-time adult offenders (and second-time adult offenders where two years have elapsed since a previous diversion or finding of guilt) are eligible for diversion. Prosecutors are directed to consider age and maturity as factors when determining the public interest in proceeding with a prosecution. Training for Alberta prosecutors includes information on the records provisions of the Youth Criminal Justice Act, including the ramifications of an adult conviction on a youth court record.
Also in Alberta, Native Counselling Services of Alberta identified various programs aimed at assisting young adults in conflict with the law, including a youth housing program for youth and young adults up to the age of 30. The Calgary John Howard Society extends almost all youth justice services to young adults up to 24 years old.
In British Columbia, several discussions have been held among community justice agencies, youth justice and adult correctional officials to look at how to better address the needs of young adults in the justice system. A memorandum between youth and adult correctional services addressing offender supervision and placement is being reviewed to identify opportunities to continue to provide appropriate services to young adult offenders, particularly those who may be transitioning from youth to adult services.

The aforementioned survey of justice officials and non-government service providers included the question “In your view/opinion, would older youth / young adults (18-25 years), and/or the broader criminal justice system, benefit from changes to how this group is currently treated?” The overwhelming majority (95%) answered affirmatively. Explanations for this view frequently referenced the still-developing brains of this age group, and the need for more transitional supports.