Raise the Age FAQs

Published for NC Criminal Law on October 22, 2019.

Training efforts to support implementation of the Juvenile Justice Reinvestment Act, or “raise the age,” are in full swing. With the December 1, 2019 implementation date drawing near, I have had the pleasure of teaching about the new law at many fall conferences and at five regional workshops. Common questions have been raised across these venues. This blog contains answers to some of those commonly asked questions as well as information on how to access further training and resources. Which Chapter 20 motor vehicle misdemeanor offense convictions bar future juvenile court jurisdiction under once an adult, always an adult? The new G.S. 7B-1604(b) will prohibit any future juvenile court jurisdiction for almost all youth who have a previous conviction in criminal court. This is often referred to as “once an adult, always an adult.” However, there is an exception to this prohibition. Youth who have a conviction for a misdemeanor Chapter 20 motor vehicle offense that does not involve impaired driving or who have been found responsible for a motor vehicle infraction are not included under once an adult, always an adult. Any youth with one of these convictions should still be treated as a juvenile if they are age 16 or 17 at the time of any non-chapter 20 offense. One of the scenarios that we discuss during the raise the age workshop involves a 17-year-old who has a previous conviction under G.S. 20-138.3, driving by a person under age 21 after consuming alcohol or drugs. Many workshop participants have [...]