Budget deal to end adult prosecution of North Carolina teens
Published 5:55 pm Wednesday, June 21, 2017
RALEIGH — North Carolina appears ready to give up being one of the only states that automatically prosecutes 16- and 17-year-olds as adults for crimes.
A policy decision included in the state’s budget deal would “raise the age” of juvenile courts to include 16- and 17-year-olds, like much of the rest of the country, and end the state’s nearly century-old practice of treating the teens as adults in the court system.
In New York, the only other state that still automatically tries these teens as adults, lawmakers agreed in April to a two-year phase out of the practice.
“North Carolina’s youth will soon be on equal footing with kids in other states that consider 16 and 17 year olds to be minors,” said Rep. Marcia Morey, a Democrat and former judge from Durham County. “They will be treated in the juvenile system, which is proven to lower recidivism rates and gives youth a much better opportunity for future employment and education.”
Republican Senate and House leaders unveiled the details of their two-year spending plan late Monday, just ahead of this week’s votes in both chambers. Although critical of the budget bill, Democratic Gov. Roy Cooper has supported increasing the age of juvenile jurisdiction. The “raise the age” changes are likely to get enacted, because Republicans hold veto-proof majority in both chambers.
Last month, the House overwhelmingly approved a bill that would shift the cases for teens accused of misdemeanors and nonviolent felonies to the juvenile court system beginning in 2019. A competing Senate proposal drew the line at misdemeanor offenses and would have taken effect a year later.
Under the compromise, misdemeanors would still be included, as well as two classes of lower-grade felonies. It would go into effect in 2019. Teens facing other felonies, such as murder and rape, could still be tried in adult court.
“The advocates, families and legislative champions deserve huge applause for this win,” said Marcy Mistrett, CEO of the Campaign for Youth Justice in Washington D.C. “We applaud North Carolina for implementing reforms that are based in research and that protect both children and public safety.”
Supporters of “raise the age” say automatically trying the teens as adults puts them at a disadvantage compared with youths in other states because their public criminal records can follow them around for the rest of their lives. Having such a record can hurt them when they apply for jobs, try to secure loans or get professional licenses. In the juvenile court system, criminal records are confidential.
“Instead of saddling our kids with the consequences of a lifelong criminal record, we will provide more effective and rehabilitative services to those who desperately need it,” Peggy Nicholson, co-director of the Youth Justice Project, said in a statement.
Forty-three states include 16- and 17-year-olds in their juvenile courts. In five states — Texas, Georgia, Wisconsin, Missouri and Michigan — 17-year-olds are prosecuted as adults.
North Carolina’s budget deal also includes a provision that would establish an advisory committee responsible for looking at the offenses to determine if any should be excluded, such as misdemeanor assault on a law enforcement officer, and any crime requiring sex offender registration. The group would be made up of various officials, judges and juvenile justice advocates, among others.
“We’ve left them some latitude to come back to us with some recommendations,” said Sen. Shirley Randleman, a Republican from Wilkes County.
The budget also includes roughly $13 million in funding for a juvenile residential facility.