Juvenile Life Without Parole (JLWOP) February 2010

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1 Life Without Parole (JLWOP) February 2010 STATE LWOP Law JLWOP 1 ALABAMA YES 62 0 court Ala. Stat. 13A-6-2 ALASKA No LWOP parole always possible No Max. age of 18 yrs. old Alaska Stat degree 1 Human Rights Watch (Updated October 2, 2009): The Campaign for the Fair Sentencing of Youth (2007): 2 Human Rights Watch (Updated October 2, 2009): 3 Florida State University. Life without Parole for Offenses: Florida Compared to Nation (2009) (includes data from 47 states only); Parentheses indicate the non-homicide offense(s) for which LWOP possible in the referenced state. 4 Office of Justice and Prevention (2003): 5 Office of Justice and Prevention (1998): 6 National Center for Justice, Different from Adults: An Updated Analysis of Transfer and Blended Sentencing Laws, with Recommendations for Reform (2008). 7 Westlaw 50 State Statutory Survey: Felony (0030 SURVEYS 9) (WEST) Page 1 of 17

2 court Alaska Stat in the second degree ARIZONA Discretionary YES Min. age of 8 yrs. old; (but 1979 state Sup. Ct. held that juvenile jurisdiction terminates at age 18) court Ariz. Stat First degree murder; classification ARKANSAS YES 73 0 & criminal CALIFORNIA Discretionary Presumption of JLWOP (Kidnapping, Robbery) - Max. age of 24 yrs. old 14 yrs. old court Cal. Penal Code 189 ; degrees Page 2 of 17

3 ; COLORADO No No max. age for juvenile court (until the full term of the disposition order) 10 yrs. old Blended juvenile & criminal Colo. Stat degree CONNECTICUT YES (Mandatory prosecution as adult coupled with mandatory LWOP imposed on those as young as 14 yr. olds) Max. age of 15 yrs. old - Max. age of 20 yrs. old - Mandatory judicial Conn. Stat. 53a-54c Felony murder Conn. Stat. 53a-54d Arson murder DELAWARE YES 7 1 (Rape) court Del. Stat. Ti in the second degree; class A felony Del. Stat. Ti degree; class A 8 JLWOP prohibited beginning in 2006 not retroactive. Page 3 of 17

4 felony DISTRICT OF COLUMBIA Discretionary No D.C. Code degree Purposeful killing; killing while perpetrating certain crimes FLORIDA YES (Youth as young as 13 yr. olds were sentenced to LWOP) (Kidnapping, Sexual Battery, Armed Robbery, Burglary, Battery, Carjacking) court ; Fla. Stat Fla. Stat Attempted felony murder GEORGIA Discretionary YES Max. age of 16 yrs. old 13 yrs. old court - Reverse waiver Ga. Stat HAWAII YES 4 0 Page 4 of 17

5 - No max. age for juvenile court (until the full term of the disposition order) IDAHO Discretionary YES yrs. old court ; Idaho Stat Degrees of murder ILLINOIS ; All life sentences imposed without the possibility of parole YES (Min. age of 13 yrs. old for LWOP) Max. age of 16 yrs. old 13 yrs. old - Discretionary, presumptive, & waiver for juvenile court court ; & criminal Ill. Stat. Ch /9-1 First degree - Death penalties- Exceptions-Separate Hearings-Proof- Findings-Appellate procedures- Reversals INDIANA Discretionary YES 2 0 waiver for juvenile Ind. Stat Page 5 of 17

6 court court IOWA ; All life sentences imposed without the possibility of parole YES 44 6 (Kidnapping) - Max. age of 18 yrs. old court ; Iowa Stat degree (Amended by 2009 Ia. Legis. Serv. Ch. 119) KANSAS No Max. age of 22 yrs. old ; Kan. Stat degree Kan Stat Capital murder KENTUCKY Discretionary No Max. age of 18 yrs. old 9 Florida State University. Life without Parole for Offenses: Florida Compared to Nation (2009). Page 6 of 17

7 LOUISIANA ; All life sentences imposed without the possibility of parole YES (Mandatory prosecution as adult coupled with mandatory LWOP imposed on those as young as 15 yr. olds) (Kidnapping, Aggravated Rape) - Max. age 16 yrs. old court jurisdiction La. Rev. Stat. 14:30 First degree murder (Amended by 2009 La. Sess. Law Serv. Act 79 SB 132) La. Rev. Stat. 14:30.1 Second degree murder (Amended by 2009 La. Sess. Law Serv. Act 155 HB 132) MAINE Discretionary; All life sentences imposed without the possibility of parole No Me. Stat. T. 17-A 202 Felony murder MARYLAND Discretionary YES Min. age of 7 yrs. old; court Md. Crim. Law degree Page 7 of 17

8 MASSACHUSETTS 10 YES (Mandatory prosecution as adult coupled with mandatory LWOP imposed on those as young as 14 yr. olds) Min. age of 7 yrs. old; - Max. age of 16 yrs. old court & criminal Mass. Stat defined MICHIGAN YES Max. age of 16 yrs old ; & criminal MINNESOTA YES 2 0 court ; Minn. Stat degree Minn. Stat in the second degree MISSISSIPPI Discretionary YES 24 2 (Kidnapping, Armed Miss. Stat and capital 10 Children s Law Center of Massachusetts (2009): Page 8 of 17

9 MISSOURI Robbery) YES MONTANA Discretionary No NEBRASKA YES 24 1 (Kidnapping) - Max. age of 19 yrs. old - Max. age of 16 yrs. old - Max. age of 24 yrs. old - Max. age of 18 yrs. old court ; court murder defined Mo. Stat Second degree murder, penalty Mont. Stat Deliberate homicide Neb. Stat degree; penalty NEVADA Discretionary YES 16 No reliable 8 yrs. old Nev. Stat. 11 MONT. CODE ANN (1) (2007). Page 9 of 17

10 data court Degrees of murder; penalties Nev. Stat Circumstances aggravating first degree murder (Recognized as unconstitutional by Robins v. State for non-felony murder section) NEW HAMPSHIRE YES Max. age of 16 yrs. old 13 yrs. old N.H. Stat. 630:1 Capital N.H. Stat. 630:1-a First Degree N.H. Stat. 630:1-b Second Degree NEW JERSEY YES No max. age for juvenile court (until the full term of the disposition order) 14 yrs. old - Discretionary, presumptive, & jurisdiction N.J. Stat. 2C:11-3 Page 10 of 17

11 NEW MEXICO Discretionary (But no one currently sentenced to LWOP) No court & criminal N.M. Stat NEW YORK No Min. age of 7 yrs. old; - Max. age of 15 yrs. old 13 yrs. old court - Reverse waiver N.Y. Penal Code in the second degree N.Y. Penal Code degree NORTH CAROLINA YES Min. age of 6 yrs. old; - Max. age of 15 yrs. old N.C. Stat and second degree defined; punishment NORTH DAKOTA Discretionary YES Max. age of 19 yrs. old - Discretionary, presumptive, & N.D. Stat OHIO YES 2 0 Ohio Stat Page 11 of 17

12 ; OKLAHOMA Discretionary YES Max. age of 18 yrs. old 7 yrs. old (For 7 to 14 yr. olds, State must prove that, at time of act, youth knew it was wrong) court ; Okla. Stat. T degree Okla. Stat. T in the second degree OREGON Discretionary No Max. age of 24 yrs. old 12 yrs. old court Or. Stat Aggravated murder Or. Stat , affirmative defenses; felony murder; sentence PENNSYLVANIA ; All life sentences imposed without the possibility of YES Pa. C.S.A Pa. C.S.A Page 12 of 17

13 parole RHODE ISLAND Discretionary YES 2 0 SOUTH CAROLINA SOUTH DAKOTA ; All life sentences imposed without the possibility of parole YES 26 1 (Kidnapping) YES Max. age of 16 yrs. old court - Discretionary, presumptive, & ; court jurisdiction court of unborn child R.I. Stat S.C. Stat Punishment for murder: separate proceeding to determine whether sentence should be death or life imprisonment S.D. Stat as murder in the first degree TENNESSEE Discretionary YES 4 0 Tenn. Stat. Page 13 of 17

14 - Max. age of 18 yrs. old First degree murder Tenn. Stat Second degree murder TEXAS No Max. age of 16 yrs. old ; Tex. Penal Tex. Penal Capital murder UTAH Discretionary YES 1 No reliable data 14 yrs. old court Utah Stat Aggravated murder Utah Stat VERMONT Discretionary YES 0 0 court Vt. Stat. T Degrees defined Vt. Stat. T Aggravated murder defined 12 JLWOP prohibited effective September 1, Page 14 of 17

15 VIRGINIA YES 48 No reliable data ; Va. Stat Capital murder defined; punishment Va. Stat First and second degree murder defined; punishment WASHINGTON YES (Mandatory prosecution as adult coupled with mandatory LWOP imposed on those as young as 16 yr. olds) yrs. old (State presumes 8 to 12 yr. olds to be incapable of committing a crime) court Wash. Stat. 9A degree Wash. Stat. 9A in the second degree WEST VIRGINIA Discretionary No W. Va. Stat First and second degree murder defined; allegations in indictment for homicide WISCONSIN Discretionary YES Max. age of 16 yrs. old Wis. Stat Felony murder Page 15 of 17

16 - Max. age of 24 yrs. old court ; WYOMING Discretionary YES Reverse waiver Wyo. Stat degree; penalty FEDERAL Discretionary; All life sentences imposed without the possibility of parole YES U.S.C.A TOTAL 39 states & the federal government allow JLWOP 2, (8 states) Min. age: - 6 yrs. old (1 state) - 7 yrs. old (3 states) - 8 yrs. old (1 state) - 10 yrs. old (11 states) Max. age for original jurisdiction: - 15 yrs. old (3 states) 7 yrs. old (one state) 8 yrs. old (two states) 10 yrs. old (one state) 12 yrs. old (one state) Judicial waiver - Discretionary (44 states & D.C.) - Presumptive (14 states & D.C.) - Mandatory (15 states) Prosecutorial discretion 14 states & D.C. 13 The Sentencing Project reports that 1,755 juveniles are serving life without parole (July 2009). Page 16 of 17

17 - 16 yrs. old (10 states) - 17 yrs. old (37 states & D.C.) Max. age for - 18 yrs. old (6 states) - 19 yrs. old (2 states) - 20 yrs. old (34 states & D.C.) - 22 yrs. old (1 state) - 24 yrs. old (4 states) - / until full term of disposition order (3 states) 13 yrs. old (four states) 14 yrs. old (five states) (36 states & D.C.) Statutory exclusion 29 states Reverse waiver 25 states Once adult/ always adult 33 states & D.C. Blended - (15 states) - Criminal (17 states) Page 17 of 17

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