SB 5153
In CommitteeSenate
DCYF to DOC transfer, age 18
Transferring certain individuals from the department of children, youth, and families to the department of corrections at age 18.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill requires that youth convicted or adjudicated for serious violent offenses be transferred from the Department of Children, Youth, and Families (DCYF) to the Department of Corrections (DOC) at age 18, regardless of whether the conviction was in adult or juvenile court. For other youth convicted as adults, DCYF retains custody until age 25 unless safety concerns warrant earlier transfer. The bill also removes hearing requirements for transfers of serious violent offenders and applies retroactively.
- Youth convicted as adults for serious violent offenses (e.g., murder, robbery, aggravated assault) committed under age 18 must be transferred from DCYF to DOC at age 18.
- Youth adjudicated in juvenile court for serious violent offenses must also be transferred to DOC at age 18, with no required hearing.
- For youth convicted as adults for non-serious violent offenses, DCYF retains custody until age 25, unless a safety risk justifies earlier transfer to DOC.
- DOC must approve release plans for youth on community custody before DCYF can release them, and must approve transfers or leave for youth aged 25+ still in DCYF facilities.
- The bill applies retroactively to youth already in DCYF custody on the effective date, regardless of when their offense or conviction occurred.
Who is affected
- Youth and young adults convicted of serious violent offenses as adults but who committed the offense before age 18 — Juveniles aged 18 or older who were convicted as adults for serious violent offenses (e.g., murder, robbery, aggravated assault) committed before age 18, and are currently in DCYF custody — they will be transferred to DOC custody at age 18.
- Juveniles adjudicated in juvenile court for serious violent offenses — Youth who are adjudicated in juvenile court for serious violent offenses and are committed to DCYF — they will be automatically transferred to DOC at age 18, without a hearing.
- Youth in DCYF custody on the bill’s effective date (retroactive application) — Youth currently in DCYF custody who are over age 18 and serving sentences for adult convictions — they may be reviewed for transfer to DOC, and those with serious violent convictions must be transferred at age 18.
- Department of Corrections (DOC) and Department of Children, Youth, and Families (DCYF) staff — DOC and DCYF staff, who must coordinate transfers, conduct safety reviews, and manage housing for youth transitioning between systems.
Pro/Con Analysis
Stronger case for concerns
Potential Benefits (3)
Automatic transfer of youth convicted of serious violent offenses to DOC at age 18 may improve public safety by ensuring consistent supervision under DOC’s adult correctional framework—though evidence on whether this reduces recidivism is mixed, the bill aims to standardize handling of high-risk cases.
Public SafetyRef: Sec. 1(1)(d); Sec. 1(4)(a); Sec. 2(1)DOC approval of release plans before DCYF release may improve coordination between juvenile and adult systems, potentially reducing premature or unsafe releases—though this adds administrative burden and delays.
Local GovernmentRef: Sec. 1(1)(b); Sec. 1(1)(d); Sec. 1(2)(a)Mandated reviews of youth over age 21 in DCYF custody may help identify those who require earlier DOC transfer for safety or program fit, though the automatic 18-year transfer for serious violent offenses limits the practical utility of this review.
Local GovernmentRef: Sec. 1(3); Sec. 1(4)(a)
Potential Concerns (5)
Mandating automatic transfer of 18-year-olds convicted of serious violent offenses to DOC—without individualized safety or rehabilitation assessments—risks placing youth in adult facilities where they face higher risks of sexual assault, physical violence, and psychological harm, potentially undermining long-term public safety by increasing recidivism.
Public SafetyPeopleRef: Sec. 1(4)(a); Sec. 2(1); Sec. 3(7)Eliminating hearing requirements for transfers of youth adjudicated for serious violent offenses denies due process rights—these youth lose the opportunity to contest transfer to adult custody, undermining fairness and individualized determinations of risk or readiness for adult confinement.
Rights & LibertiesPeopleRef: Sec. 1(4)(b); Sec. 2(2)Retroactive application to youth already in DCYF custody may disrupt ongoing rehabilitation and create instability, as some individuals may have been successfully reintegrating or preparing for release under DCYF’s age-appropriate programming—sudden transfer to DOC could increase reoffending risk.
Public SafetyPeopleRef: Sec. 1(1)(d); Sec. 1(2)(a); Sec. 4 (retroactivity)Shifting custody from DCYF to DOC—where per-capita costs are significantly higher—will increase state corrections spending without offsetting revenue, diverting funds from prevention, education, or reentry programs that benefit broader communities.
FinancialPeopleRef: Fiscal Impact (not estimated); Sec. 1(1)(a); Sec. 1(4)(a)Local law enforcement and community supervision agencies may face increased burden managing released individuals who were transferred to DOC at 18 and released without adequate community reentry planning, especially if DOC’s adult-focused release protocols are ill-suited for young adults with developmental needs.
Local GovernmentLean peopleRef: Sec. 1(1)(c); Sec. 1(3)
Who Is Most Affected
Youth aged 18–24 adjudicated or convicted for serious violent offenses will face automatic or near-automatic transfer to DOC at 18, losing access to age-appropriate programming, education, and therapeutic services. This may increase trauma, reduce rehabilitation success, and heighten recidivism risk—especially for those with developmental needs or histories of trauma.
DOC will assume responsibility for housing, programming, and release planning for youth aged 18–24 previously managed by DCYF. This increases DOC’s operational complexity and costs, and may strain adult facilities not designed for adolescent development needs—potentially increasing staff safety risks and liability exposure.
DCYF will lose custody over youth aged 18+ convicted of serious violent offenses, reducing its caseload but also eliminating opportunities for continued rehabilitation and transition support. This may simplify DCYF’s mission but reduce its ability to support long-term outcomes for high-need youth.
Families of youth in DCYF custody may experience increased stress and reduced access to visitation and support services if their child is transferred to DOC, where visitation rules and facility access are stricter and less family-centered. This may harm family bonds critical to successful reentry.
Local communities—particularly those near DOC facilities—may see increased pressure from housing and supervising more young adults in adult systems, with fewer community-based alternatives. This could affect public perceptions of safety and strain local reentry services.