We all know that kids don’t make the best decisions. Run around the house with a sharp object? Sure. Eat an entire bag of gummy bears? Why not? Skateboard down a steep hill with no safety gear? Check.
The human brain is nearly fully developed by the age of six. However, it goes through intensive remodeling during adolescence, and this process can continue into the mid-twenties. The prefrontal cortex (front of the brain) is the part of the brain that controls decision-making, problem-solving, and impulse control. It is also the last part of the brain to go through the remodeling process, which explains why even young adults can make poor decisions. However, neuroscience shows even though brain immaturity can lead to being susceptible to negative influences, it also allows a greater capacity for change and rehabilitation than in adult brains.
This is why having a separate system for youthful offenders is so essential when kids make terrible decisions and the police have to get involved. Depending on the severity of their charges, they will most often be routed into the juvenile justice system. This system is geared towards younger offenders and takes into account their age and their brain development (and lack thereof).
Studies have shown that individuals incarcerated during adolescence are more likely to be reincarcerated in their 20s and early 30s, to develop alcohol dependency, and to need assistance to meet their everyday needs more than their peers who have never been incarcerated. Incarceration during adolescence and early adulthood has also been shown to have long-term adverse impacts on individuals’ health. Youth who enter juvenile justice facilities often leave worse off physically and mentally, creating lasting impacts. Ideally, they should be allowed other options for rehabilitation rather than incarceration.
What is being done?
The juvenile justice system has been working on implementing positive changes over the past several years, and beginning to recognize and acknowledge the issues and stressors kids can be dealing with to cause them to act out. The Juvenile Justice Reform Act includes policy recommendations that are aimed at reducing the number of youth being incarcerated and reinvesting money into community-based services as primary alternatives for low-level and non-violent** **offenses.
The stated goal of the juvenile justice system is to help young people avoid future delinquency and mature into law-abiding adults.
Juvenile Justice Stated Goals**:**
- Maintain public safety
- Skill development
- Housing
- Rehabilitation and addressing treatment needs
- Successful reintegration into the community
This way, the younger offender is afforded a chance to learn from their mistakes and try to improve their life with a support system including agencies, family, and community in place.
What Wisconsin’s juvenile system actually looks like
Most of the rules that govern juvenile cases in Wisconsin live in Chapter 938 of the Wisconsin Statutes - the Juvenile Justice Code. The case typically begins when a law enforcement officer refers the matter to the county’s intake worker, who decides whether to open a CHIPS (Children in Need of Protection or Services) action, a JIPS (Juveniles in Need of Protection or Services) action, or a delinquency petition. Many less-serious cases never reach a courtroom - they resolve through a deferred prosecution agreement (DPA, § 938.245) or a consent decree (§ 938.32), with conditions like community service, counseling, restitution, or curfews.
If a delinquency petition is filed, the case moves through plea hearings, a fact-finding hearing (the juvenile-court equivalent of trial), and disposition (sentencing). Disposition options range from supervision in the community, to a Type 1 secured juvenile correctional facility for the most serious cases. Lincoln Hills and Copper Lake - Wisconsin’s controversial youth prisons - were ordered closed by 2018 legislation; that deadline has been pushed several times and the facilities remained open as of 2026, with new regional secured facilities still in planning. Where a youth lands has a real effect on rehabilitation outcomes, and we push hard at disposition for the least restrictive alternative consistent with public safety.
Wisconsin still tries 17-year-olds as adults
This is the single most important quirk of Wisconsin juvenile law. Since 1996, the state has automatically routed 17-year-olds into adult criminal court, even for first-time non-violent offenses. As of 2026, Wisconsin is one of only three states that have not moved 17-year-olds back into the juvenile system. “Raise the Age” bills have been introduced in nearly every legislative session since 2015 and have not passed. Practically, that means a 17-year-old charged with shoplifting in Racine ends up with an adult criminal record - same court, same penalties, same long-term consequences as someone twice their age.
For 14- and 15-year-olds charged with the most serious felonies (Class A or B felony homicide, sexual assault, certain weapons charges), Wisconsin allows waiver to adult court under § 938.18 - a hearing where the State asks the judge to send the case to adult prosecution. Defending against a waiver petition is a critical early step that shapes the rest of the case.
Juvenile records - closed, but not invisible
Juvenile delinquency records are confidential under § 938.396, but “confidential” is narrower than “sealed.” Schools, victim’s families, future employers in certain regulated fields (law enforcement, military, some healthcare licenses), and federal background checks can still surface a juvenile adjudication. The route to closing those records further is juvenile expungement under § 938.355(4m) - available only for adjudications that did not involve serious offenses, and only when the youth has satisfied the conditions of disposition. We routinely review old juvenile records during expungement reviews; the rules and the practical impact are not what most clients expect.
This is obviously an incredibly complex topic, overly simplified to fit into a blog. If someone you know needs assistance, please reach out to Cafferty & Scheidegger. We have experience defending and supporting youthful offenders with integrity and compassion.