North Carolina Kids Still in Danger: HB 217 Moves to Appropriations
On April 17, committee members of Judiciary Subcommittee B convened and passed an amended version of HB 217 which is now scheduled to go to the Appropriations Committee. The language for the updated bill can be found, here.
HB 217 now includes two sections on juvenile transfer. Although there have been changes to the language about juvenile transfer, it is not enough. North Carolina youth are still in danger of being sent to the adult criminal justice system. Specifically, the updated bill now states:
- B1 and B2 felonies committed by 15 year olds would be subject to prosecutorial discretion; and
- All other felonies (C – E classifications) committed by 15 year olds will be sent to a study committee of Judiciary B Subcommittee to determine how often a prosecutor’s request for transfer is denied by the judiciary.
“We are trying to solve a problem that does not exist…”
During the discussions before a vote on HB 217, many of the committee members questioned the need for the juvenile transfer section of the bill since judges currently have the discretion to decide whether or not a case can be transferred. Sponsors of the bill believed that prosecutors’ requests for transfers were being denied by judges at a high rate, but did not provide any evidence for this belief.
In a state that is currently trying to evaluate how to most effectively use its limited resources, the North Carolina juvenile transfer section of HB 217 clearly reads as a misinformed and counterproductive policy recommendation.
This is why a variety of expert practitioners - judges, university professors, attorneys, and legislators – have taken a stand to oppose the juvenile transfer section of HB 217. Although adjustments have been made to the language of the bill, the changes are not enough. Advocates from across the state are standing their ground and refuse to see the removal of judicial discretion and refuse to let ineffective policies like HB 217 throw more kids into the adult criminal justice system. One message still rings clear:
We must remove the juvenile transfer sections of HB 217!
The Campaign for Youth Justice and other organizations have vowed to continue providing support to North Carolina advocates and youth leaders who are doing all they can to protect NC kids. Here is how you can join them in their efforts:
#1 GET THE FACTS: North Carolina advocates have developed a new fact sheet that can inform all youth justice allies about HB 217 and the consequences it would have on youth and families if it were to pass. You can find the fact sheet, here.
#2 CONNECT: A new committee means connecting with NC legislators that now have the power to stop this bill. Use the script below to send a message to the Appropriations leadership.
I urge you to oppose the juvenile transfer sections of HB 217. Deciding which court a youth should be processed through is a life-altering decision. Removing judicial oversight would lead to the unchecked prosecution of children in adult court. Prosecutors should NOT be given complete discretion over our children’s future. Oppose the juvenile transfer sections of HB 217 in order to maintain the appropriate checks and balances in NC’s court system.
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HOUSE APPROPRIATIONS COMMITTEE
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Legislator
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Phone
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Email
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County/District
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Rep. Nelson Dollar (Senior Chairman)
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919-715-0795
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This email address is being protected from spambots. You need JavaScript enabled to view it.
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Wake
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Rep. Justin Burr (Chairman)
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919-733-5908
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This email address is being protected from spambots. You need JavaScript enabled to view it.
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Montgomery, Stanly
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Rep. Bryan Holloway (Chairman)
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919-733-5609
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This email address is being protected from spambots. You need JavaScript enabled to view it.
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Rockingham, Stokes
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Rep. Linda Johnson (Chairman)
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919-733-5861
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This email address is being protected from spambots. You need JavaScript enabled to view it.
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Cabarrus
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#3 ACTIVATE: There are no easy wins when it comes to fighting for youth justice, so it is critical that you activate your networks on this detrimental bill. Please share this update and stay tuned for more action steps. To get connected with the youth leaders and organizations spearheading this effort in North Carolina, contact Angella Bellota, CFYJ Field Organizer: This email address is being protected from spambots. You need JavaScript enabled to view it.