RALEIGH – The North Carolina House of Representatives today voted 77 to 39 to pass House Bill 725, the Young Offender Rehabilitation Act, which would place 16 and 17 year olds charged with misdemeanors under the jurisdiction of North Carolina’s juvenile justice system by 2020. North Carolina is currently one of only two states in the nation that treats 16 and 17 year olds as adults in its criminal justice system.
“Today’s bipartisan vote is a hugely important step toward ensuring that young people in our criminal justice system are not only protected, but given a chance to correct course,” said Sarah Preston, Policy Director for the American Civil Liberties Union (ACLU) of North Carolina. “Young people who land in the adult criminal justice system are disproportionately at risk while in custody, more likely to return to criminal behavior than those placed in the juvenile system, and denied jobs and educational opportunities that could help them turn their lives around and contribute to society. We urge the Senate to follow the example set by these bipartisan House members and vote in favor of HB 725.”
A recent survey by the ACLU-NC found that virtually all of North Carolina’s county jails are failing to comply with new federal regulations set by the Prison Rape Elimination Act, which requires facilities to house 16 and 17 year olds separately from adult inmates, though many are working toward compliance.
According to the National Prison Rape Elimination Commission, “more than any other group of incarcerated persons, youth incarcerated with adults are probably at the highest risk for sexual abuse.” A 2007 report from the Campaign for Youth Justice found that youth are 36 times more likely to commit suicide when housed in adult jails than they are in juvenile detention facilities.
“It’s clear that the surest way to reduce the risk of sexual assault and suicide for young people in custody is to remove them from adult jails,” Preston said.
The version of HB 725 that passed Wednesday night included a questionable last-minute amendment that would still keep 16 and 17 years old who are accused of being gang members and charged with a gang-related offense in the adult system. “This version is not perfect, but it is a good start,” Preston said.
More information about HB 725 is available at http://www.acluofnc.org/files/legislative/HB_725_Spport_for_Young_Offender_Rehabilitation_Act.pdf