Local legal officials support ‘Raise the Age’ bills - The Daily Reflector, 3/14/2017 Tarrant Cares, Texas " />Local legal officials support ‘Raise the Age’ bills - The Daily Reflector, 3/14/2017 Tarrant Cares, Texas " />Local legal officials support ‘Raise the Age’ bills - The Daily Reflector, 3/14/2017 Tarrant Cares, Texas " />
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Local legal officials support ‘Raise the Age’ bills

The Daily Reflector - 3/14/2017

With all the divisiveness between the Republicans and Democrats, there are two bills in the General Assembly that appear destined for approval by both sides and with a likelihood the governor will sign it.

House Bill 280 and Senate Bill 146 call for the age of juveniles in the court system to include 16- and 17-year-olds, except in the case of serious violent crimes.

They are sponsored by both Republicans and Democrats, and Gov. Roy Cooper said he is prepared to provide some funding if it passes.

As it stands, a 16- or 17-year-old charged with a crime such as assault or larceny or drug possession has his or her case adjudicated in regular district or superior court and, if convicted, the crime stays on his or her criminal record. Mistakes made by teenagers could affect the ability to get a job, go to college or join the military.

Bert Kemp, Pitt County’s eeeeeepublic defender, said he is in favor of raising the age.

“I think this bill is absolutely wonderful,” he said.

“We’re one of two states left in the world who haven’t raised the age, either to 17 or 18 years old, us and New York, and it is time to get with the rest of the country with this,” Kemp said.”

According to research from the UNC School of Government, the majority of youthful offenders commit minor crimes.

“In 2014, only 3.3 percent of youthful offenders were convicted of violent offenses, 80.4 percent were convicted of misdemeanors, and 16.3 were convicted of non-violent felonies,” the report called the “2107 Juvenile Reinvestment: ‘Raise the Age’ Proposal.”

It also states that rehabilitating youthful offenders in juvenile court results in lower recidivism, less crime and increased public safety.

Kemp said youth are a precious commodity, and a person who carries a criminal record from a mistake made as a teenager remains saddled with a civil disability that could hinder succeeding in life.

Some teens do not have the judgment to make good decisions about their actions and can be influenced by friends to commit a crime, Kemp said.

“So many times, these kids get together, and one of them says, ‘Hey, watch this,” and it’s all downhill from there,” he said.

When a juvenile is alleged to have committed a crime, a petition is filed calling the juvenile to appear in juvenile court. If the petition is admitted, the juvenile is adjudicated as delinquent.

A juvenile court counselor writes a predisposition report and makes recommendations for each youth. Using the report, a judge puts a disposition order in place that could require the juvenile to go to school, complete various programs, have drug or alcohol assessments, perform community service, pay a fine and obey a curfew, among other things.

The goal is to help the teenager correct his or her actions while making sure the community is safe, Kemp said.

Pitt County District Attorney Kimberly Robb said she also favors the change, but she agrees with a the N.C. Association of District Attorneys, which wants the bill to give district attorneys discretion to move juveniles charged with Class A, B, C, D or E felonies to adult court without having to go through a transfer hearing in front of a judge, as they do now.

Those felonies include homicides, violent assaults, arson, burglaries, armed robberies, voluntary manslaughter and some high-level drug cases, such as trafficking.

“It’s clear to me the juvenile age is going to be raised,” Robb said. “I support it as long as they have appropriate funding in place, because it’s going to be expensive.”

If the law is changed, Robb believes it will take more time and resources for a case to be adjudicated, She believes there will be a need for more juvenile court counselors and more assistant district attorneys.

The need is for 103 more assistant district attorneys in the state if it passes, she said.

Cooper released a statement saying his budget includes funds to support raising the age.

"Law enforcement, the courts and experts on juveniles agree that raising the age makes sense for North Carolina, and that's why my budget includes initial investments to make this happen,” he said.

“Raising the age can actually save North Carolina money in the long run if juvenile justice needs are adequately funded, and it makes communities safer by giving young people an opportunity to turn away from a life of crime,” he said. “I believe we can find common ground across political lines to raise the age and make progress for North Carolina.”

If the law passes, his budget for “Keeping Kids Out of Crime,” includes $2 million to local, evidence-based intervention initiatives to reduce juvenile crime; expands alternative treatment options and increases funding for local Juvenile Crime Prevention Councils and provides $13.2 million and operating funds to construct a new youth development center that supports proposed “Raise the Age” legislation.

Contact Beth Velliquette at bvelliquette@reflector.com or at 252-329-9566.