By Greg Barnes Staff writer
The House approved a bill Wednesday that would erase a century-old law requiring 16- and 17-year-olds in North Carolina to be tried as adults for nonviolent misdemeanor crimes. North Carolina and New York are the only two states in the country that prosecute teenagers under age 18 in adult courts.
The House approved the bill 77-39 after a lengthy and emotionally charged debate. The bill will now be sent to the Senate.
If the bill becomes law, it would be phased in, with implementation starting in July 2019. That year, juveniles under age 17 who commit nonviolent misdemeanors would be steered away from adult courts. The law would apply to juveniles under age 18 the following year.
Youths age 16 and 17 who are accused of violent felonies would continue to be tried in adult courts.
According to an early version of the bill, the measure would be costly. A fiscal-impact summary attached to the bill shows that the first two years of implementation would see an increase in annual operating costs of $72 million and nearly $9 million more in capital costs.
But proponents say the costs would be more than offset by the benefits to society.
In 2011, a cost analysis by the Vera Institute of Justice found that raising the juvenile age to 18 would generate $52.3 million in annual savings “from the combined perspective of taxpayers, victims and youth.”
Other organizations place the savings even higher. A website for “Raise the Age North Carolina” says the law would generate $97.9 million in long-term benefits annually and an additional $21.7 million in taxpayers’ benefits.
The Vera Institute also concluded that 16- and 17-year-olds would be 10 percent less likely to commit additional crimes if their cases were handled through the juvenile justice system.
Despite research showing the long-term gains, opponents have cited the high costs of transitioning 16- and 17-year-olds to the juvenile system, arguing that it is already crowded, underfunded and understaffed.
In its current form, the bill is opposed by the North Carolina Sheriffs’ Association and the N.C. Conference of District Attorneys.
Eddie Caldwell, executive vice president and general counsel for the N.C. Sheriffs’ Association, said this may be the first bill introduced in the state without funding or a plan of implementation.
Caldwell argues that no analysis has been made to determine the needs associated with accepting 16- and 17-year-olds into the juvenile system.
The bill calls for the establishment of an advisory committee to submit an interim report containing the specific plan and cost estimates by Jan. 15, 2017.
Chris Shank of Justice Fellowship, a ministry group out of Virginia, dismissed Caldwell’s argument, saying the bill provides youths with a second chance and could deter them from committing more crime.
“I think in the end the calls of justice trump some of those logistical concerns,” he said.
Cumberland County District Attorney Billy West said the N.C. Conference of District Attorneys is not opposed to the concept of the bill. But it is concerned, West said, of the cost of putting thousands of more cases into juvenile courts. It also is concerned that any changes could leave other cases – such as traffic offenses committed by a 16- or 17-year-olds – in limbo, West said.
State Rep. John Szoka of Cumberland County is a father of two adults who said he recognizes that teenagers don’t always have the mental capacity to do the right thing.
Szoka, a Republican, said he understands the views of the bill’s detractors.
“Those are all good points, but I don’t think they outweigh the point that we need to do the right thing by our kids,” he said.
The General Assembly has debated raising the juvenile age for years.
Robin Jenkins, a Fayetteville resident and former deputy director of the N.C. Division of Juvenile Justice, said the division has repeatedly made the case that 16- and 17-year-olds would be held more accountable in the juvenile justice system, largely because of the smaller caseloads, requirements to attend school and the court’s obligation to work with parents.
“Yet, the expense of working this way has been the keystone argument against the change,” Jenkins said in an email.
The bill also would establish a subcommittee to develop a statewide juvenile civil citation pilot program designed to keep youths accused of minor infractions from entering the juvenile justice system.
Florida recently passed a law calling for the issuance of civil citations to children who commit minor misdemeanor offenses for the first time. Instead of a trial and potential criminal record, children receiving civil citations enter a program and must abide by its rules, which may include paying restitution, community service work and counseling services.
Research shows that states that use civil citations have found that they lower juvenile recidivism, give police additional time to handle more serious crimes and reduce the costs of holding children in detention centers.
Staff writer Greg Barnes can be reached at barnesg@fayobserver.com or 486-3525.
Source: State House OKs bill to steer minors from adult courts. Fayetteville Observer (5/21/14)