On Thursday, Jan. 11, the N.C. Juvenile Jurisdiction Advisory Committee (JJAC) met for its second meeting since the passage of the Juvenile Justice Reinvestment Act. During the meeting, several presenters addressed the committee with research data and considerations for the juvenile justice system prior to and after the changes to the law are implemented.
This year, the Juvenile Justice & Children’s Rights Section will celebrate its 20th anniversary. As your new chair, I am honored to lead the section at such a historic time for both our section and our state, which is engaged in a major reform of the juvenile justice system. We want to commemorate these milestones in a big way and want you to be involved. Here is a look at what we are planning for this year and how you can help!
CLE Program on ‘Raise the Age’
Twenty years ago, our section was discussing the need for comprehensive juvenile justice reform in North Carolina, which included raising the age of juvenile court jurisdiction. Since 1919, when the first juvenile court was created, N.C. law has required that minors be prosecuted as adults for all crimes beginning at age 16. This year, North Carolina joined the remainder of the country and raised the age to move most 16 and 17-year-olds to juvenile court. This historic legislation, called the Juvenile Justice Reinvestment Act, includes major changes to the juvenile justice system that will be implemented over the next two years.
Yesterday, lawmakers returned to Raleigh for the 2017 long session. Among the many important issues the legislature is expected to consider this year, “raise the age” will likely once again be included. Since 1919, N.C. law has required that minors be prosecuted as adults for all crimes beginning at age 16. There has been a long-standing campaign to raise the juvenile age but legislative proposals attempting to do so have repeatedly failed. New York is the only other state in the nation that automatically prosecutes 16-year-olds as adults, although that state allows “reverse waiver” which permits transfer from criminal to juvenile court.
One of the reasons often cited for the legislature’s reluctance to raise the age is the strong opposition of law enforcement officers and prosecutors to such reform. That assertion is no longer valid, at least in part. The N.C. Sheriffs’ Association and several other law enforcement groups have publicly endorsed a new raise the age proposal by the Criminal Investigation and Adjudication Committee of the North Carolina Commission on the Administration of Law and Justice (NCCALJ). The proposal recommends that North Carolina raise the age of juvenile court jurisdiction to include 16- and 17-year-olds for all offenses, except high-level felonies and traffic offenses. Youthful offenders (16- and 17-year-olds) who commit Class A-E felonies would be automatically transferred to adult court upon a finding of probable cause or an indictment, alleviating public safety concerns held by law enforcement officers and prosecutors about violent juvenile offenders.
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