RALEIGH, North Carolina — Under a bill that was finally passed by the General Assembly on Wednesday, more young people in North Carolina who are accused of serious crimes would have their cases immediately tried in adult court. The changes would redo some bipartisan changes to the juvenile justice system that went into action more than four years ago and dealt with offenders aged 16 and 17.
The House voted 70–34 to accept changes to the “Raise the Age” rule made last month by the Republican-controlled Senate. These changes were made with the help of a lobbying group for elected local prosecutors.
Late in 2019, the nonpartisan “Raise the Age” effort ended a law that said kids ages 16 and 17 had to be tried in the same court system as adults. The law wanted to help more young people escape the shame of having a criminal record for life by putting them in juvenile court and giving them services that make it less likely that they would break the law again.
Still, the law as it stands now says that 16- and 17-year-olds charged with the worst charges must be sent to adult court as soon as an indictment is served or a hearing finds that there is likely cause to believe a crime was committed. There are a few cases.
The bill that is now on its way to Democratic Gov. Roy Cooper’s desk would stop the need for transfers for most of these serious crimes. Instead, the cases of these young people would go straight to adult court.
Supporters of the bill have said that the changes don’t go back on “Raise the Age,” but are instead made to reflect the way the criminal justice system works now. For example, more youth cases are coming to district attorneys, so putting them in adult court from the start will make their jobs easier.
But last month in committee, people who work for civil rights and the disabled said that the changes are taking away parts of “Raise the Age” and will hurt young criminals in the long run. Treatments that are geared toward teens and young adults can be easier to get for kids in the juvenile system before they go back to their homes.
A former juvenile court judge from Durham County, Democratic Rep. Marcia Morey told her peers not to agree with the Senate’s rules. In his speech, Morey said that these young criminals should be treated the same because of their age, not because of the crimes they have committed.
Morey said, “The system now works the way it should.” “This bill goes against ‘Raise the Age,’ because it makes up a false idea of what a juvenile is based on a crime instead of age. This is the wrong thing to do.” Two more past judges in the House spoke out against the Senate rules as well.
GOP Rep. Ted Davis of New Hanover County is in charge of the bill. He didn’t directly address the people speaking out against it on the floor, but he did say that the language was crafted with input from a number of groups and politicians. The bill was passed with the help of seven Democrats and Republicans. One Republican didn’t vote.
Cooper’s office didn’t answer right away Wednesday when an email was sent asking for a comment on the bill that was on its way to his desk. In 10 days after getting the bill, the governor can either sign it into law or veto it. If not, it will become law.
The bill also sets up a new way for a case to be moved from Superior Court to juvenile court, with the adult records erased, if both the prosecutor and the defendant’s lawyer agree.
Up until “Raise the Age,” North Carolina was the last state where 16- and 17-year-olds were automatically tried as adults. These teens are still being tried in adult court for crimes involving cars.
Children between the ages of 13 and 15 who are charged with first-degree murder must still be sent to juvenile court as soon as there is reasonable cause or an indictment.
