Adolescents suffer in adult NC prisons

North Carolina is one of two states that tries 16- and 17-year-olds as adult offenders — and some advocates want to change a state law they call harmful to adolescents.

A November study from the New York City Department of Health’s Bureau of Correctional Health Services found that adolescents in adult prisons are twice as likely to be placed in solitary confinement.

Adolescents sent to adult facilities tend to be more at risk for developing psychological disorders and experiencing physical and sexual assault .

Sarah Preston, policy director of the N.C. American Civil Liberties Union, said the ACLU’s recent research on state prison conditions shows adverse conditions for adolescent inmates in adult prison.

Preston said the ACLU sought to find out whether jails were complying with guidelines passed by the U.S. government in 2012 to improve prison conditions.

She said a resulting report found that many jails were not in compliance with federal guidelines — including a rule mandating that juveniles kept in adult facilities must be separated from older inmates.

“If they are in the juvenile system, they’re in a system that’s actually designed for them,” she said.

Tamar Birckhead, associate professor and director of clinical programs at UNC School of Law, said North Carolina has had its current law for about 100 years, and various attempts to pass new legislation have failed over the years.

The ACLU supported the Young Offender Rehabilitation Act, the most recent attempt to change the law, during the 2014 legislative session.

Birckhead said the bill passed the N.C. House of Representatives with strong support — 77 to 39 votes — but never made it to the Senate.

She said the bill was a watered-down version of what organizations like the ACLU want, as the bill would have allowed the first court appearance of 16- and 17-year-olds tried for misdemeanors to be in a juvenile court.

Barbara Fedders, a clinical associate professor at UNC School of Law and co-director of its Youth Justice Clinic, said the legislature has often claimed cost as a factor for not changing the law — lawmakers have said it’s less expensive to try 16- and 17-year-olds through the adult system.

Fedders said studies have been done that show juvenile offenders persecuted through the adult system are more likely to go back to jail than their juvenile system counterparts, a process that ultimately ends up costing the state more.

A judge in Durham recently launched a pilot misdemeanor diversion project — which puts 16- and 17-year-old first-time offenders charged with misdemeanors into an alternative program. Offenders can complete activities like community service instead of going to jail.

Birckhead said she is working to implement a similar program in Orange County.

“I try to remain optimistic that change will come,” she said.

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