HB 834 is known for the more controversial portions including expediting the process for transferring juvenile cases to superior court for certain offenses, and its provision allowing law enforcement to release the identities of minors in specific situations deemed reasonable by the agency.
HB 834 has been criticized by state-level civil and disability-rights groups like the ACLU and Disability Rights NC.
Chief District Court Judge Jay Corpening, who oversees juvenile court proceedings in New Hanover and Pender counties, is concerned about a provision that would allow law enforcement to identify minors in some cases.
“Well, I don't really have any authority to tell you not to," Corpening said of his interactions about the bill. "But I think that law enforcement and [District Attorneys] have really looked for this authority. I wish that it was more limited. And I have a concern with names being put out there.”
The bill's language would make it easier for law enforcement to release pictures and identities of juveniles that are not yet in custody but are deemed to be a 'public threat.' The bill does stipulate that all identifying information will be taken off of law enforcement’s websites and social media accounts once the juvenile is in custody.
However, many of these juveniles aren’t actually convicted of any crime, and there's a real potential for the posts to follow them for the rest of their lives.
Corpening said that provision was part of a compromise in putting the bill together — but that he ultimately hopes it will pass.
That's in part because Corpening supports language in the bill that helps create what’s called ‘juvenile capacity’ standards, which would rectify a concern he's had for his more than 30 years on the bench.
“My biggest concern is we don't have a juvenile capacity standard in North Carolina. And that juveniles have had their capacity determined based on an adult standard for my whole career," Corpening said.
“Capacity” refers to a person’s mental ability to stand trial. Article 15a of North Carolina’s state statute defines what this specifically means, but it’s the adult standard.
The adult standard does not have clear language about whether someone is incapable of proceeding due to mental immaturity which can be linked to age.
For example, a ten-year-old child may not have any mental illness or developmental disorder, but that doesn’t mean they are capable of understanding the trial proceedings, Corpening said. They may just be too young.
The state has a legal responsibility to help 'restore capacity' to defendants who aren't fit to stand trial. But the process is backlogged and it's not hard for defendants to fall through the cracks.
This means that defendants who might be found innocent, or plea to a lesser charge, or even receive mental health care are instead stuck in limbo, sometimes for a protracted period of time, often in an institutional setting, while the state tries to 'restore capacity.' A recentjoint investigation by WFAE and PBS's Frontline revealed how broken the system for restoring capacity is — and juveniles currently face additional challenges.
The bill provides for a different standard for juveniles, which Corpening believes will help.
However, some opponents point to the clause in the bill that can be used by prosecutors to skirt the juvenile capacity test. If they receive an indictment by a grand jury, the juvenile will automatically be sent to Superior Court, where in the eyes of the law, they are no longer a juvenile — they're an adult.
The problem is that juveniles are sent to the adult system because the capacity test is not performed before the indictment. So when they are eventually tested for capacity, the adult standard is used, which Corpening said is “profoundly sad”.
Another positive in the bill, according to Corpening, is that up until now there hasn't been any specific legal language about who could accompany a juvenile during the interrogation process. For juveniles under the age of 16, no confession given while in custody in the absence of a parent, guardian, custodian, or attorney can be used as evidence.
The new language is specific to juveniles who are 16 years old and older. If they request a parent, guardian or custodian accompany them, law enforcement “shall make a reasonable effort to contact the parent, guardian or custodian.” If they can’t be found, a “caretaker” can be present.
The bill defines a “caretaker” as anyone other than a parent, guardian, or custodian. Examples include foster parents, step-parents, other adult members of their household or potential adoptive parents. Advocates argue that, without a trusted adult, these juveniles are often coerced into false confessions by law enforcement — and hope this bill will make it easier for 16-year-olds and 17-year-olds to have someone in the room with them.
The bill also allows the state to work with juveniles who don’t meet capacity standards in the least restrictive way possible — meaning more could stay at home instead of being put in institutions. Corpening said that part of the bill will save lives.
