Suppose your 16-year-old, in a fit of youthful mischief, lifts a candy bar from a store rack and leaves without paying for it. He could wind up with a lifetime criminal record.
That’s because North Carolina is one of only two states — New York is the other — that handles all offenses committed by 16-year-olds in the adult court system. Legislators and law enforcement officers are trying once again this year to raise the limit to 18 for misdemeanors.
The Raise the Age bill has four primary sponsors, including Republican Tim Moffitt of Asheville, and 18 co-sponsors, including Democrat Susan Fisher, of Asheville, and Republican Nathan Ramsey, of Fairview, so it should have a good chance of passage.
It’s slated for a vote in House Judiciary Subcommittee for Wednesday.
Buncombe County Sheriff Van Duncan made the case for raising the age eloquently on these pages last year. His words bear repeating:
“Data clearly demonstrates that this (existing) approach is, at its core, misguided.
“In fact, most juvenile offenders in this age group — a staggering 79 percent — have committed misdemeanor offenses such as getting into a fight at school or stealing snacks from a convenience store.
“Many of us reflexively want to be ‘tough on crime.’ However, pursued blindly, this approach ends up being unduly tough on our kids, our communities and our economy.
“Instead, our state should strive to become ‘smart on crime,’ saving the futures of thousands of youth and their potential careers — and ultimately saving millions of state dollars.
“When youth get into trouble and spend time in the adult criminal system as a result, they are more than twice as likely to be convicted of future crimes as those who receive age appropriate sanctions in the juvenile system.
“There are alternatives to adult incarceration. These include evidence-based rehabilitation and treatment such as substance abuse and mental health services, mentoring, community service, and tutoring.”
“Fifty percent or more of the juveniles who end up with a misdemeanor charge, it’s their first offense,” said Rep. Marilyn Avila, a Republican from Raleigh who is prime sponsor of the bill. “These are the ones that anybody would agree are the most malleable in the right circumstances and could be kept out of trouble in the future.”
It cannot be stressed more strongly that this measure applies only to minor offenses. Teenagers accused of murder or rape or armed robbery still will be taken to adult court. In fact, a judge may transfer any case there at his discretion.
For the reform to work as intended, however, the state must properly fund the Division of Juvenile Justice. The division’s budget has been cut more than 17 percent in the last four years and staffing is down 19 percent in the last three years.
In the long run, according to Duncan, that will be money well spent. “A recent third party fiscal analysis determined that Raising the Age … will generate $52.3 million in annual benefits,” he wrote. “In addition, $97.9 million in long-term benefits are projected should these same 16- and 17-year-olds be spared from having adult records.”
In renewing his push for the North Carolina legislation, Duncan said, “Raising the Age would save taxpayers money by reducing recidivism, straightening kids out and guiding them toward productive lives.
“Let’s be crystal clear here: We will deal with violent crime in the adult system.
“The fact is, juvenile crime is on the decline. When it comes to misdemeanants, North Carolina should join 48 other states and Raise the Age.”
Agreed.