Our Time is Now: Building the Bridge Together NAMI North Carolina’s 2015 CIT Conference

Keeping Youth Out of the Adult System: Advancing the NC Campaign to Raise the Age of Juvenile Court Jurisdiction February 10, 2015

Representative Marilyn Avila, BS

NC House of Representatives 40 th District

Brandy Bynum, MPA

Board Member Youth Justice North Carolina

 Juvenile crime assessment  History of the issue in North Carolina: why it matters?  Adult prosecution of youth (state trends)  Collateral consequences of an adult record  Relevant NC legislation (HB 725, H585, HB 217)  What YOU can do?

    Juvenile crime is low: As research-based services have been ramped up in North Carolina over the last decade, the state crime rate for juveniles ages 15 and younger has decreased 27% between 2000-2011.

Most juvenile crime is minor: 67% of delinquency complaints filed against juveniles were for misdemeanors (2011). While, 80% of offenses committed by 16- and 17-year-olds in the adult system were misdemeanors (2012-13). More minors processed in the adult system than juvenile system: On average, 20,000-25,000 in the juvenile system versus 30,000-40,000 in the adult system. Kids of color, males especially are disproportionately impacted (historically): Only 26% of NC population, but 60-70% of juvenile and adult system population.

Convictions: 16 and 17 year olds (2012-2013)

Offense Category Number Percentage Violent Felonies (A-E) 256 4% Serious Felonies (F-I) 1,025 16% Misdemeanors (A1 and 1-3) 5,050 80% TOTAL 6,331 100% SOURCE: NC Sentencing and Policy Advisory Commission, Offenders Under 18 Years at Offense FY 2012/13 Felony and Misdemeanor Convictions. Data Request. November 2014.

IMPACT: More minors processed in adult system than juvenile system:

 Average of 30,000 minors involved in the adult criminal system; about 6,000-8,000 convicted. (Source: NC Sentencing Commission)  Average of 25,000 delinquency complaints filed in juvenile system.

HISTORY:

 N.C. Juvenile Court Jurisdiction law unchanged since 1919.

NEED:

 Law and practice not supported by research;   N.C. out of step with all other states; Current policy leads to worse outcomes for children and public safety.

COMMUNITY VIEWS:

 Many friends & officials support the change (bipartisan support)  Community service providers very concerned that doubling number of children in the juvenile system will crush it. Very worried about inadequate funding for current system.

 Law enforcement and district attorneys generally oppose.

LEADERSHIP:

 Rep. Alice Bordsen entered bills to raise juvenile court age in 2007 and 2009. Rep. Marilyn Avila 2012-2014 bill champion.

 Child advocacy community has started a youth justice movement.

VIABILITY

  Legislative interest and champions growing.

Connecticut changed its law. NY judge publicly recommends change. TX starting movement from 17 to 18.  NC worst policies, most restrictive.

When youth are tried as adults they…  receive fewer rehabilitative supports including: education, treatment and vocational training;  are at risk of “school of crime” training, with unhealthy adult mentors.

When they reenter, they…  are subject to increased stigma and labeling;  may have weakened ties to family and other support systems;  will have difficulty finding and keeping a job.

Youth in the adult system are more likely to reoffend than youth in the juvenile system –   They will reoffend more quickly and more often And for more serious offenses

“The weight of evidence shows that youth who are transferred from the juvenile court system to the adult criminal system are approximately 34% more likely than youth retained in the juvenile court system to be re-arrested for violent or other crime.” (2007). The Task Force on Community Preventive Services supported by the Centers for Disease Control and Prevention.

 Increased risk of sexual and violent assault for youth in facilities.

 Adolescent brain research shows that the part of the brain involved in decision-making is not fully developed until age 25.

  Reflected in Roper v. Simmons unconstitutional to impose capital punishment while under the age of 18 for crimes committed

 The juvenile justice system in North Carolina is grounded in the concepts of restorative justice, emphasizing protection of the community, offender accountability, and rehabilitation. The goals of the system include:    Individualized and a greater amount of supervision, care, and treatment provided pursuant to an individual case management plan that involves the family of the juvenile. School and community programs promoting prevention and reentry. A statewide system of community-based services designed to keep the juvenile in the home and community whenever possible.

 2011 VERA Institute for Justice estimated that raising the age will generate

$52.3 million in net benefits.

Youth Accountability Planning Task Force (YAPTF).  An adult record bars youth from access to higher education and employment.  Youth

without

a criminal record earn more and contribute more over a lifetime.

Cost-Benefit Analysis of Raising the Age in NC. January 2011. Available at: https://www.ncdps.gov/Index2.cfm?a=000003,002476,002551

 Public opinion – the overwhelming majority of Americans feel that services and programs, rather than incarceration, will prevent future crimes.

2008 2009 2010 2011 2012

North Carolina Number 44,000 53,000 52,000 52,000 50,000 Percent 8% 10% 10% 10% 9%

 62% of youth in NC’s juvenile system were found to have mental health needs (2008).

 Not raising the age creates an accelerated school to prison pipeline in NC.  In 2010-2011 43% of juvenile complaints were school-based referrals. In 2012-2013 47% of juvenile complaints were school-based referrals.

   

Housing Access to public benefits Higher education Employment & licensing

 Ineligible for Food Stamps, Supplemental Security Income (SSI), or TANF.

 Parents with criminal records may have particular difficulties complying with TANF and Food Stamp work requirements.

 Students with criminal convictions have limited eligibility for federal student aid.

 Youth who dropped out of high school were 63 times more likely to be in an institution (jail, prison, or juvenile detention center) than those who had completed college.  Nearly 10 percent of young high school dropouts were in a correctional institution; for high school graduates, 2.8 percent were incarcerated .Source: Sentencing Project

 92% of employers conduct criminal background checks; an applicant with a criminal record is 50% less likely to receive a call back. Source: NC Justice Center  Youth without adult criminal records earn more and contribute further to the state economy over their lifetime.

Have you had any felony convictions within the last 7 years or any other convictions involving violence, threat of violence, sexual misconduct or theft? Yes/ No

  In 2007 1 st raise the age bill filed (all inclusive) NC Sentencing Commission “Youthful Offender” study released.

 GCC commissioned a study, including a cost benefit analysis by the Estes Group.

  In 2009 2 nd raise the age bill filed (incremental phase in) Task Force established.

 As a special provision of the State budget, in 2009 the North Carolina General Assembly created the Youth Accountability Planning Task Force.  This Task Force was charged with examining the issues of the juvenile age jurisdiction in the State of North Carolina.  Three Working Group were created: Legal Issues, Systems Costs and Programs & Benefits.  The Task Force issued a final report in January 2011.

For more information on the YA Planning Task Force visit: http://www.ncdjjdp.org/taskforce.html

      In 2011, bipartisan bills to raise the age were filed: HB 632 and SB 506 . 2011 bill was not heard in committee.

Legislative leadership agreed to hear the bill in 2012.

2012 bill SB 434 was heard in a Judiciary committee and received a unanimous vote. But did not pass!

In 2012, a LRC established Age of Juvenile offenders Subcommittee. Met for months to review JJ reforms. In 2013, HB 725 passed several Judiciary Committees. In 2014, HB 725 passed the House of Representatives. The first time in 95 years!

  Misdemeanors only  Judge’s retain transfer discretion Once an adult always an adult  Motor vehicle offenses stay in adult court  Raise the age over a multi-year period and incrementally  Civil Citation process as alternative to arrest/custody for law enforcement  Emancipated juveniles stay in adult court  Juvenile Justice Advisory Committee to monitor implementation  DJJ responsible for transporting

CURRENT STATUS

 to and from facilities  Youth stay in detention if in juvenile court; go to jail if in adult court  Passed the House (77 to 39)  Senate did not hear the bill

Every year, community members fill the NC Legislative Building to show their support for Raise the Age.

Facilitated Discussion • What are your reactions to the information you have heard today? • What most concerns you about the issue?

• What are the advantages of NC raising the age? • What are the disadvantages of NC raising the age? • How have you or will you get involved?

Representative Marilyn Avila, BS [email protected]

919-733-5580 Brandy Bynum, MPA Board Member, Youth Justice North Carolina [email protected]