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Concurrent Juvenile Jurisdiction

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Key Message

On military installations subject to exclusive federal jurisdiction, investigation and adjudication of juvenile offenses is limited because cases may only be adjudicated in the federal system. States can adopt concurrent jurisdiction policies to ensure access to state resources and juvenile courts for appropriate adjudication options to better respond to juvenile needs.

Analysis

Concurrent juvenile jurisdiction advances the national defense strategy by achieving the secretary of defense’s goal of succeeding through teamwork when states collaborate with the federal government. State legislatures have the authority to establish a legal mechanism that would permit juveniles on military installations to be adjudicated in state courts, though the administration can be delegated to a state office and achieved through customized local agreements.

Insights

Between one-half and three-fourths of active/reserve installations may require legislation to change statutory jurisdiction, retrocede exclusive jurisdiction or provide authority to support memorandums of understanding for concurrent oversight of juvenile offenses.

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