Reverse Waiver Report

Scientific research shows key developmental differences between youth and adults that impact youth’s decision-making, impulse control, and susceptibility to peer pressure. While these differences do not excuse youth from responsibility for their actions, the U.S. Supreme Court has repeatedly recognized that youth are less blameworthy than adults and more capable of change and rehabilitation. (Roper vs. Simmons, Miller vs. Alabama, J.D.B. v. North Carolina)

 In Wisconsin, everyone age 17 and older automatically is charged in adult court. The state is one of only three that require all 17-year-old defendants to be charged as adults.

Wisconsin state law mandates that children as young as 10 years old be initially prosecuted as adults for specific serious offenses. Those crimes include first-degree intentional homicide, first-degree reckless homicide, and attempted first-degree intentional homicide. Lesser charges, such as attempted first-degree reckless homicide or attempted second-degree intentional homicide, start in juvenile court.

If a case begins in adult court, it may be transferred back to juvenile court through a process known as a reverse waiver. A report prepared for this hearing is referred to as a reverse waiver report.

At the time of the hearing, the judge will consider the following factors:

  • The juvenile's maturity, mental illness or developmental disability and prior treatment history, and potential for responding to future treatment

  • The juvenile's prior record

  • The type and seriousness of the offense, and if it was committed in "a violent, aggressive, premeditated or willful manner"

  • Available treatment options and facilities that meet the needs of the juvenile and protect the public in both the adult and juvenile systems.

In addition to informing the judge about these factors, a reverse waiver report must also demonstrate that: a juvenile cannot receive proper treatment in the adult system; transferring the case to juvenile court would not diminish the offense's seriousness; and remaining in adult court is not essential to prevent other children from committing similar offenses.

Additional information regarding the reverse waiver process is available from the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention.