Observations From Below: Get “Raise the Age” Right for Young Offenders with Disabilities

North Carolina is the last state in the country that automatically prosecutes both 16- and 17-year-olds as adults, no matter how minor the offense. The evidence is overwhelming that this leads to worse outcomes, makes our communities less safe, and costs taxpayers more. Fortunately, it looks like we are on track to “Raise the Age” this year. Both the North Carolina House and Senate have passed some version of this legislation. As a constituent, I want to thank Representative Julia C. Howard and Senator Joyce Krawiec for their leadership in supporting this effort.

There are, however, differences between the two versions of Raise the Age that have passed, and it is crucial that we set the right policy for North Carolina. The House version keeps all offenses, except for higher-level felonies and driving offenses, in the juvenile system for 16- and 17-year-olds. The Senate version only keeps misdemeanors in the juvenile system. Those differences matter.

As a member of the Board of Directors for Disability Rights NC, I care deeply about this issue because most of the youth in our criminal justice system have disabilities. This means that all of the bad consequences that come from prosecuting children as adults are that much worse for children with disabilities. They already have a hard enough time accessing housing, education, and employment during those crucial transition years into adulthood and beyond. When we further saddle these kids with the 1,000 “collateral consequences” of having an adult criminal record and the potential trauma of incarcerating them with adults—where they are significantly more likely to be physically or sexually victimized and manipulated by gangs—we set our kids up for failure. It increases their future reliance on government assistance and makes it more likely that they will resort to future criminal activity and re-enter the criminal justice system.

Moreover, the adult system just isn’t setup to put young people back on the right path. Most first time offenders in the adult system only get a slap on the wrist. Even those who commit lower-level felonies can get off with just probation. Do we really want to not connect these kids with professionals who can rehabilitate them?

By contrast, if one of those offenders were punished in the juvenile system, they also could be required to go to counseling and continue their education. The parents could be required to go through parenting classes if needed. This approach would hold everyone accountable for their actions and lower the chance that the youth will recidivate in the future. Independent studies have actually shown this would actually produce a net economic benefit for the state. In short, whenever we can keep offenses for 16- and 17-year-olds in the juvenile system, we produce more positive outcomes for North Carolina’s youth, their families, and taxpayers.

This is why the version of Raise the Age that passed the House has the support of Chief Justice Martin’s Commission, law enforcement, faith leaders across the state, Disability Rights NC, and stakeholders in every corner of the political spectrum. It keeps more kids in the juvenile system so they can be held responsible and rehabilitated.

We may be the last state to Raise the Age, but this only underscores the need for us to get this right. It is time that we, as a state, got set back on a better path. Our kids’ futures are worth it.

That’s how we should roll in the tar heel state…