May 23--State lawmakers are mounting another effort this session to keep more juvenile offenders out of the adult court and prison system.
The "Raise the Age" bill would keep 16- and 17-year-olds in juvenile court for misdemeanors only. North Carolina and New York are currently the only two states where 16- and 17-year-olds are automatically sent to adult court -- even though 86 percent of crimes committed by that age group are misdemeanors.
The legislation has been attempted for years but last session received more buy-in from both parties. Supporters hope that changes, which allow for violent offenders to still be tried as adults, will garner it still more support.
"We're not safer because we're treating these kids as adults," said Frank Palombo, former president of the N.C. Association of Chiefs of Police, who spoke in favor of the legislation.
Durham County District Court Judge Marcia Morey, who also supports the legislation, told the story of a 16-year-old Durham student who was cited for littering. The girl ended up facing hundreds of dollars in court costs and fines and the possibility of a night in jail though she ended up with 10 hours of criminal service, and a criminal record for littering.
"Had our laws been like 48 other states, at most the girl would have been referred to the juvenile system," Morey said.
But the proposed law does have its critics, including Senate leader Phil Berger, R-Rockingham, and the N.C. Sheriffs' Association.
The association contends that the juvenile justice system cannot handle the influx of offenders without spending millions of dollars, and that younger children in the system would be at risk.
The bill now calls for spending $9 million in its first year, which is 2016, and increasing in later years.
Rep. Marilyn Avila, the primary sponsor of the bill, said by then "we will know whether or not the money will be available and the legislation will be written so that implementation cannot take place if adequate funding is not available."
She added that the long rollout would allow time to evaluate the current system and make needed changes.
The bill got a boost Tuesday from Right on Crime, a conservative criminal justice reform think tank based in Texas, and former Texas Rep. Jerry Madden, who visited the legislature to talk about the experience in Texas, which has a similar law.
His state saw juvenile probation numbers drop from 105,000 to 79,000 -- a 25 percent reduction, Madden said.
Right on Crime calls North Carolina's current system outdated and said it can lead to more crime and unnecessarily penalize a child by having him or her carry a criminal record their entire life.
"The juvenile system takes into account school, substance abuse issues, mental health issues, truancy, run away -- then provides services to help the juvenile and family," said Morey, the Durham judge.
Copyright 2012 - The News & Observer, Raleigh, N.C.
