Mississippi raises the minimum age for youth incarceration

For several years, the SPLC’s Mississippi office, local partners and legislators have pushed for a law that would raise the minimum age from 10 to 12 for commitment of youth offenders to the state training school and prohibit youth incarceration for offenders under the age of 12. Given the maturity level of children under 12, juvenile secure custody is an extreme measure that separates children from their families, schools and faith communities – all critical elements for true rehabilitation.

In 2019, we thought we had reached the finish line. State Rep. Deborah Dixon’s bill would have raised the age for youth incarceration to 12 years old, and thanks to her considerable work and that of the SPLC Action Fund lobbying team, the bill passed by a margin of 114-0 in the House and 48-3 in the Senate. Victory for Mississippi children was denied, however, when then-Gov. Phil Bryant vetoed the bill on March 24, 2019, arguing that raising the age would restrict “the discretion of Youth Court Judges when dealing with the most dangerous youth offenders.” Despite the popularity of the idea within the House and Senate, the House ultimately chose not to attempt a veto override.

Following the 2019 statewide elections, Mississippi had a new governor, a new lieutenant governor and a new Legislature. And the bill’s sponsor, Dixon, was defeated in the Democratic primary for House District 63. Despite the change in personnel, the push to raise the minimum age for youth incarceration continued.

In 2020, an identical bill was filed in the House. The bill was amended to exempt children convicted of violent crimes and passed the House unanimously before dying in a Senate committee.

This year, the SPLC Action Fund urged passage of the same language vetoed by Bryant in 2019, a bill that would restrict youth incarceration for all children under the age of 12 regardless of the offense. Our message focused on three main points – children under 12 have the lowest crime rates of any age group in the country, incarcerating children has long-term negative impacts that follow children into adulthood, and the cost of incarcerating children is more expensive than using options that do not involve incarceration.

Armed with these data points, Republican State Sen. Jeremy England sponsored Senate Bill 2282 and helped win a 48-0 vote for passage in the Senate. In the House, Judiciary B Committee Chair Nick Bain handled the bill, where it passed 118-1. For the second time in three years, a Mississippi governor refused to sign the popular legislation. But this time, Gov. Tate Reeves chose not to veto and instead allowed the bill to become law without his signature.

In the words of Leslie Jones, SPLC Action Fund criminal justice reform attorney, “Enacting SB 2282 sends a clear message – Mississippi recognizes that our state’s most vulnerable population is also our most valuable asset. Raising the minimum age for children in secure detention from 10 to 12 offers our youth the greatest opportunities for redemption and future success by increasing their access to community-based services and supports. Investing in our youngest children and their families in their home communities leads to better outcomes while improving public safety. It also allows us to address unmet needs by treating trauma, reducing violence and limiting other factors which contribute to juvenile justice system involvement. Studies have shown that rehabilitation is economically and socially more favorable on every level compared to retribution.”

Brandon Jones is the SPLC Action Fund policy director for Mississippi.

Photo by AP Images/Rogelio V. Solis