RALEIGH, N.C. — On Friday, Governor Roy Cooper vetoed a bill that would roll back some juvenile justice reforms in the bipartisan "Raise the Age" law that went into effect over four years ago.
In early June, North Carolina House lawmakers approved legislation that would automatically send 16- and 17-year-olds who commit violent crimes straight to adult court.
The House voted 71-33 to accept changes made in May by the Republican-controlled Senate — with the support of a lobbying group representing elected local prosecutors — to what is known as the “Raise the Age” law.
Until 2019, North Carolina was the only state in the country to still automatically charge all 16- and 17-year-olds in adult court, even for the most minor criminal charges. Then, a Raise The Age law changed that by allowing those teenage offenders to be tried in juvenile court, while also leaving the option for particularly serious crimes to be moved up to adult court.
By trying them in juvenile court, the law aimed to help more young people avoid the stigma of having lifetime criminal records and provide services that reduce chances for recidivism.
Still, the law in its current form says that cases of 16- and 17-year-olds accused of the most serious felonies must be transferred to adult court after a notice of an indictment is handed up, or when a hearing determines there is probable cause a crime was committed. There are exceptions.
The bill, vetoed Friday by Cooper, would end the transfer requirement for most of these high-grade felonies and simply place the cases of these youths in adult court right away.
Cooper expressed his concern about the bill in a statement, saying that the changes to the law would keep some children from getting the necessary treatment they need, while also making communities less safe.
Cooper also called for the legislature to invest more resources into the juvenile justice system, a sentiment that has been echoed by Mecklenburg County Sheriff Garry McFadden.
Cooper's statement reads, in part:
"Most violent crimes, even when committed by teenagers, should be handled in adult court. However, there are cases where sentences would be more effective and appropriate to the severity of the crime for teenagers if they were handled in juvenile court, making communities safer. This bill makes this important option highly unlikely and begins to erode our bipartisan “Raise the Age” law we agreed to four years ago."
On Tuesday, Charlotte-Mecklenburg Police Chief Johnny Jennings released a statement in response to Cooper's veto. Chief Jennings has prioritized juvenile crime and is pushing to re-open a juvenile detention center in Mecklenburg County. Jennings was critical of Cooper's veto.
Chief Jennings' statement of House Bill 834:
"The Governor's decision to veto HB 834 is a disappointing development. This legislation was a crucial step in protecting the safety and well-being of our most vulnerable citizens – our juveniles. I firmly believe that with continued effort and public dialogue, we can find a resolution that addresses the Governor's concerns while still upholding the core principles outlined in the legislation. While this is an ongoing challenge, we will continue our work together to create a safer environment for everyone.”
Cooper was in Charlotte on Tuesday to stop by a school as part of his administration's fight to increase statewide day care funding. During his visit, Cooper reiterated that his veto of HB 834 was largely out of concern that the bill would prevent juveniles from getting the treatment they need.
The bill has to the General Assembly with the possibility of a veto override on the horizon since the Republicans have a supermajority.