To: Milton F. "Toby" Fitch (NC-4), Floyd B. McKissick (NC-20), Phil Berger (NC-30), Todd Johnson (NC-35), Warren Daniel (NC-46), Jim Davis (NC-50), Bob Steinburg (NC-1), Ben Clark (NC-21), and The North Carolina State Senate
NC Senate: Keep Kids Out of Adult Prison
Please oppose the juvenile transfer section of HB 217. This section of the bill would remove judicial oversight and lead to the unchecked prosecution of children in adult court. Currently, our system mandates judges to consider eight separate factors in determining whether to transfer the case to adult court. This bill gives prosecutors absolute discretion to prosecute youth in the adult criminal justice system. Judges should continue to serve as the neutral, unbiased decision maker in transfer cases. Oppose the juvenile transfer section of HB 217 in order to maintain the appropriate checks and balances in NC's court system.
Why is this important?
On March 5, NC legislators introduced a bill that would allow for children as young as 13 to be placed in the adult criminal justice system. HB 217 would remove judicial discretion and give prosecutors absolute power to prosecute children in the adult criminal justice system.
Do you know what this means for kids who are prosecuted in the adult criminal justice system?
- Youth are 36 times more likely to commit suicide in an adult facility than a juvenile detention facility;
- Kids in the adult system are 34% more likely than youth in the juvenile court system to reoffend;
- Kids are at a higher risk of physical and sexual assault when placed in adult facilities; and
- African American youth are 9 times more likely and Latino youth are 4 times more likely than white youth to receive an adult prison sentence for the same crime.
Currently under North Carolina law, judges weigh the protection of the public and the best interest of the juvenile in determining whether to transfer the case to adult court. Just by a written motion, the Juvenile Transfer section of HB 217 gives prosecutors the power to prosecute kids in the adult criminal justice system and strips juvenile court judges of their decision making power.
Youth justice allies, including judges, university professors, attorneys, youth, legislators and advocates, have taken action to strongly oppose this counterproductive policy recommendation. Because of the quick response from advocates, the bill has been amended to only apply to 15 year olds who have allegedly committed certain felonies. But our work is not over. We refuse to allow the removal of judicial discretion and refuse to let this ineffective policy throw more kids into the adult criminal justice system.
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. TAKE ACTION! Join judges, university professors, attorneys, youth leaders, and advocates in calling on NC Senators to oppose HB 217!
Do you know what this means for kids who are prosecuted in the adult criminal justice system?
- Youth are 36 times more likely to commit suicide in an adult facility than a juvenile detention facility;
- Kids in the adult system are 34% more likely than youth in the juvenile court system to reoffend;
- Kids are at a higher risk of physical and sexual assault when placed in adult facilities; and
- African American youth are 9 times more likely and Latino youth are 4 times more likely than white youth to receive an adult prison sentence for the same crime.
Currently under North Carolina law, judges weigh the protection of the public and the best interest of the juvenile in determining whether to transfer the case to adult court. Just by a written motion, the Juvenile Transfer section of HB 217 gives prosecutors the power to prosecute kids in the adult criminal justice system and strips juvenile court judges of their decision making power.
Youth justice allies, including judges, university professors, attorneys, youth, legislators and advocates, have taken action to strongly oppose this counterproductive policy recommendation. Because of the quick response from advocates, the bill has been amended to only apply to 15 year olds who have allegedly committed certain felonies. But our work is not over. We refuse to allow the removal of judicial discretion and refuse to let this ineffective policy throw more kids into the adult criminal justice system.
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. TAKE ACTION! Join judges, university professors, attorneys, youth leaders, and advocates in calling on NC Senators to oppose HB 217!