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HomeMy WebLinkAboutAgenda - 05-16-2017 - 8-g - Resolution in Support of Raising the Age of Juvenile Jurisdiction in North Carolina 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 16, 2017 Action Agenda Item No. 8-g SUBJECT: Resolution in Support of Raising the Age of Juvenile Jurisdiction in North Carolina DEPARTMENT: County Manager/Criminal Justice Resource Office ATTACHMENT(S): INFORMATION CONTACT: Caitlin Fenhagen, 919-245-2303 Proposed Resolution PURPOSE: To consider a Resolution in Support of Raising the Age of Juvenile Jurisdiction in North Carolina and in support of House Bill 280. BACKGROUND: North Carolina House Bill 280, the "Juvenile Justice Reinvestment Act", is currently being considered in the North Carolina General Assembly. The legislation would raise the age of juvenile jurisdiction to include 16- and 17- year old youth, except in the case of certain felonies and motor vehicle laws. North Carolina is the only state in the country that currently prosecutes 16- and 17- year olds as adults, regardless of the severity of the crime. Orange County, with the support of all judicial and law enforcement stakeholders, was the second county in North Carolina to create a Misdemeanor Diversion Program to divert first time arrests or citations of 16- and 17- year olds for eligible misdemeanor offenses from the adult criminal justice system. While this program has kept many young people from entering the adult system, there are still many Orange County 16- and 17- year olds that are arrested and charged as adults. The attached resolution supports raising the age of juvenile jurisdiction to include 16 and 17 year olds and encourages the General Assembly to adopt House Bill 280 which implements this change. The resolution is generally consistent with the legislative agenda adopted by the Board of Orange County Commissioners earlier this year. A similar resolution has been adopted by the Town of Carrboro and other County governments in North Carolina including Mecklenburg and Wake counties. FINANCIAL IMPACT: There is no direct financial impact associated with adopting the Resolution. 2 SOCIAL JUSTICE IMPACT: The following Social Justice Goal is applicable to this item: • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY The fair treatment and meaningful involvement of all people regardless of race or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or ethnic background; age; military service; disability; and familial, residential or economic status. RECOMMENDATION(S): The Manager recommends that the Board adopt and authorize the Chair to sign the attached Resolution. RES-2017-033 3 ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION IN SUPPORT OF RAISING THE AGE OF JUVENILE JURISDICTION IN NORTH CAROLINA AND IN SUPPORT OF HOUSE BILL 280 WHEREAS, House Bill 280, the "Juvenile Justice Reinvestment Act", would raise the age of juvenile jurisdiction to include 16- and 17-year-old youth, except in the case of certain felonies and motor vehicle laws; and WHEREAS, North Carolina is the only state in the United States that automatically prosecutes 16- and 17-year-old youth as adults, regardless of the severity of the crime; and WHEREAS, adolescents prosecuted in the juvenile justice system are less likely to commit another crime than are those tried in the adult system, which results in lower costs to society and more children growing up to become educated, employed individuals; and WHEREAS, evidence shows that the juvenile justice system, with programs tailored to how children think and learn, is more effective at rehabilitating youth, and research in neuroscience and psychology proves that brain development continues well into a person's 20s; and WHEREAS, although the juvenile crime rate has been declining in North Carolina, in 2014 alone, more than 17,000 misdemeanor charges were filed against 16- and 17-year-olds statewide; and WHEREAS, 96.7 percent of crimes committed by 16- and 17-year-olds in North Carolina in 2014 were either misdemeanors (80.4 percent) or nonviolent felonies (16.3 percent); and WHEREAS, even when charges are dismissed, there remain the long-term consequences of a public record that affect a young person's ability to be hired for a job, to be eligible for college financial aid, or to enlist in the military; and WHEREAS, the negative effects of the criminal justice system have a disproportionate impact on people of color; for example, African American youth make up two-thirds of the youth prosecuted in the adult system, are nine times more likely than white youth to receive an adult prison sentence, and are more likely to come into contact with the criminal justice system because of the school-to-prison pipeline; and WHEREAS, raising the age of juvenile jurisdiction will lead to long-term financial savings, safer communities, better academic results, and overall better outcomes for youth; and WHEREAS, in 2016, the North Carolina Commission on the Administration of Law and Justice under the leadership of Mark Martin, Chief Justice of the Supreme Court of North Carolina, made a recommendation in favor of raising the age of juvenile jurisdiction; and WHEREAS, the North Carolina Sheriffs' Association, the North Carolina Police Benevolent Association, the North Carolina Association of County Commissioners, the North Carolina Association of Chiefs of Police, and the North Carolina Chamber of Commerce Legal Institute support raising the age of juvenile jurisdiction to include 16- and 17-year-olds; and 4 WHEREAS, the North Carolina Association of County Commissioners adopted raising the age of juvenile jurisdiction from 16 to 18 in its 2017-2018 Legislative Goals,placing it within the top five priority goals for the session; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners supports raising the age of juvenile jurisdiction to include 16- and 17-year-olds for all crimes except violent felonies and motor vehicle offenses; BE IT FURTHER RESOLVED that the Orange County Board of Commissioners encourages the North Carolina General Assembly to adopt House Bill 280 and to approve all necessary funding that such a change may require; AND BE IT FURTHER RESOLVED that the Orange County Board of Commissioners directs the Clerk to the Board to send copies of this resolution to the members of the Orange County legislative delegation. This the 16th day of May, 2017. Mark Dorosin, Chair Orange County Board of Commissioners