Currently, North Carolina is one of only two states where 16- and 17-year-olds are automatically treated as adults for all crimes.
To achieve better outcomes for North Carolina’s youths and taxpayers, legislators have been meeting with law enforcement officials to discuss a bipartisan bill that would “Raise the Age.” The bill is designed to remove 16- and 17-year-old misdemeanor offenders from the adult system and place them under the supervision of the juvenile system, where the focus is on rehabilitation and restoration rather than exclusively punishment. All 16- and 17-year-olds accused of felonies would remain in the adult system.
This has been a hotly debated topic among law enforcement as well as district attorneys and legislators. After carefully considering all the arguments, I believe the bill now being considered by the General Assembly to raise the age for 16- and 17-year-old misdemeanants is the right step.
Our current system can put North Carolina’s young people at a disadvantage by tying them to a criminal record for minor charges. This may prevent them from being considered for employment and educational opportunities — challenges not faced by kids in other states. In addition, research suggests raising the age will lower the recidivism rate for 16- and 17-year-olds. States that keep 16- and 17-year-olds in the juvenile system for minor offenses show lower recidivism rates among that age group than those who are elevated to the adult system.
Among others, the N.C. Sheriffs Association remains opposed to this bill, often citing funding as a concern. This is an important and valid point. North Carolina has made significant cuts to its juvenile justice system over time. As resilient as our public servants are, an unfunded mandate is something no one wants to face or should have to face.
Fortunately, the bipartisan team of legislators supporting “Raise the Age” also opposes an unfunded mandate. Their approach to modernizing our juvenile justice system includes a four-year implementation timeline, allowing the juvenile justice system to adjust, obtain necessary funding and effectively plan for the change. This incremental approach ensures that, if funding to juvenile justice is not adequate, then the transfer will not occur. The issue deserves serious thought, after which I believe most will come to the conclusion that 16- and 17-year-old misdemeanants should be dealt with firmly and constructively, but not as adults. By carefully making the change, we will develop a system that puts North Carolina’s youths on an even playing field and gives our juvenile justice system the support it needs to have a positive impact on all the youths entering their system.
Van Duncan is the sheriff of Buncombe County.