DIV. OF JUVENILE JUSTICE MODS.-AB

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View NCGA Bill Details2023-2024 Session
House Bill 186 (Public) Filed Wednesday, February 22, 2023
AN ACT TO MODIFY THE TRANSFER PROCESS FOR JUVENILES WHO ALLEGEDLY COMMITTED CERTAIN FELONIES, TO MODIFY THE CONFIDENTIALITY OF CERTAIN INFORMATION CONCERNING JUVENILES UNDER INVESTIGATION, TO MODIFY THE INTERROGATION PROCEDURES FOR CERTAIN JUVENILES, TO MODIFY THE SERVICE OF SUMMONS FOR JUVENILE PETITIONS, TO CLARIFY THE PROCESS FOR COURT-ORDERED EVALUATIONS FOR JUVENILES, TO CLARIFY MINORITY SENSITIVITY TRAINING FOR LAW ENFORCEMENT PERSONNEL, TO CLARIFY JUVENILE DETENTION TRANSFER, AND TO MAKE VARIOUS TECHNICAL AND CONFORMING CHANGES, AS RECOMMENDED BY THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF JUVENILE JUSTICE.9 DIVISION OF JUVENILE JUSTICE.
Intro. by Davis, Pyrtle, Carson Smith, A. Jones.

Status: Re-ref Com On Rules and Operations of the Senate (Senate action) (May 31 2023)

SOG comments (2):

Long title change

Committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO MODIFY THE SERVICE OF SUMMONS FOR JUVENILE PETITIONS, TO CREATE ALTERNATIVES TO JUVENILE DETENTION, TO CLARIFY THE PROCESS FOR COURT-ORDERED EVALUATIONS FOR JUVENILES, TO MODIFY THE DISCLOSURE OF CERTAIN INFORMATION TO THE PUBLIC CONCERNING JUVENILES, TO CLARIFY MINORITY SENSITIVITY TRAINING FOR LAW ENFORCEMENT PERSONNEL, TO CLARIFY JUVENILE DETENTION TRANSFER, AND TO MAKE VARIOUS TECHNICAL AND CONFORMING CHANGES, AS RECOMMENDED BY THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF JUVENILE JUSTICE.

Long title change

Committee substitute to the 5th edition changed the long title. Previous long title was AN ACT TO MODIFY THE SERVICE OF SUMMONS FOR JUVENILE PETITIONS, TO CLARIFY THE PROCESS FOR COURT-ORDERED EVALUATIONS FOR JUVENILES, TO MODIFY THE DISCLOSURE OF CERTAIN INFORMATION TO THE PUBLIC CONCERNING JUVENILES, TO CLARIFY MINORITY SENSITIVITY TRAINING FOR LAW ENFORCEMENT PERSONNEL, TO CLARIFY JUVENILE DETENTION TRANSFER, AND TO MAKE VARIOUS TECHNICAL AND CONFORMING CHANGES, AS RECOMMENDED BY THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF JUVENILE JUSTICE.

H 186

Bill Summaries:

  • Summary date: Jun 1 2023 - View Summary

    Senate committee substitute to the 5th edition makes the following changes. 

    Inserts the following into the act, and now organizes the act into parts.

    Part I.

    Amends one of the notice options under GS 7B-2200.5(a) (transfer of jurisdiction of a juvenile at least 16 years of age to superior court) to require a return of a true bill of indictment from the grand jury as provided in GS 15A-630 instead of a finding of a court on a bill of indictment.  Makes conforming changes to GS 7B-2200 and GS 7B-2202(a).

    Part II.

    Names this part of the act “Lyric and Devin’s Law.” Makes technical changes to new GS 7B-3103 (disclosure of information about juveniles for public safety reasons).

    Part III.

    Amends GS 7B-2101 regarding juvenile interrogation procedures as follows. Requires juveniles who are at least 16 and in custody to be advised, prior to questioning, that the juvenile has a right to have a caretaker present during questioning (in addition to current law that includes the rights to: have a parent, guardian, or custodian present for questioning, applicable to all juveniles, to remain silent, to consult with an attorney, and to be informed that any statement can and may be used against them). Defines caretaker as any person other than a parent, guardian, or custodian who has responsibility for the health and welfare of the juvenile in a residential setting; includes stepparent; foster parent; adult member of the household; adult entrusted with the juvenile's care; potential adoptive parent during a visit or trial placement with a juvenile in custody of the county department; house or cottage parent who has primary responsibility for supervising a juvenile's health and welfare in a residential child care facility or residential educational facility; or employee or volunteer of a division, institution, or school operated by the Department of Health and Human Services.  Specifies that if a juvenile age 16 or older requests that a parent, guardian, or custodian be present during questioning, then law enforcement must make a reasonable effort to contact the parent, guardian, or custodian; allows a caretaker to be present during questioning if one of those individuals is not available.

    Effective December 1, 2023, and applies to offenses committed on or after that date.

    Makes conforming changes to act’s long title. Makes organizational changes.


  • Summary date: Apr 19 2023 - View Summary

    House amendment to the 4th edition makes the following changes. 

    Amends new GS 7B-3103 (pertaining to disclosure of information about juveniles for public safety reasons) by adding that if the juvenile who is the subject of an order to release, or subject to disclosure of, the specified information to the public, is taken into custody then all of the released information must be removed from any publicly available law enforcement agency or Division of Juvenile Justice website or social media website or media account they control. Makes an additional clarifying change.


  • Summary date: Apr 18 2023 - View Summary

    House committee substitute makes the following changes to the 3rd edition.

    Amends new GS 7B-3103 (pertaining to disclosure of information about juveniles for public safety reasons) to create an exception for exigent circumstances to permit release of certain information relating to a juvenile without obtaining a court order first by the Division of Juvenile Justice of the Department of Public Safety (Division) or any law enforcement agency within the State. Requires releasing party to seek a court order as soon as reasonably practicable but by no later than the first available session of a court in the county after the release of information. Specifies that if the court does not authorize the release of information, then it must be removed from any website or social media account controlled by the law enforcement agency or the Division.


  • Summary date: Apr 10 2023 - View Summary

    House committee substitute to the 2nd edition makes the following changes. Deletes proposed new GS 7B-1902.5, pertaining to alternatives to juvenile detention. Deletes proposed changes to GS 7B-1907, allowing for telephonic communication as required under new GS 7B-1902.5 when other means of communication are impractical. Amends the first required finding of new GS 7B-3103 (authorizing courts to order the Division or any law enforcement agency to release to the public specified information about a juvenile upon making three written findings in the order) to now specify that a court must find that a petition has been filed alleging that the juvenile has committed at least one offense that would subject the juvenile to superior court pursuant to GS 7B-2200 or GS 7B-2200.5 (the finding requirement used to be that a petition has been filed alleging the juvenile has committed an offense that would be a Class A, B1, B2, or C felony if committed by an adult). Makes organizational changes. Makes conforming changes to the act’s long title. Changes the effective date to specify that the act applies to offenses committed on or after December 1, 2023.


  • Summary date: Mar 15 2023 - View Summary

    House committee substitute to the 1st edition makes the following changes.

    Further amends GS 7B-1806, adding a new provision deeming a defense of lack of personal jurisdiction or insufficiency of service of process to be waived if a parent, guardian, or custodian and juvenile avail themselves to the court and an objection is not raised at the initial court appearance. 

    Modifies new GS 7B-1902.5, which authorizes courts to impose alternatives to juvenile detention under the supervision of a juvenile court counselor, to limit the court's authority to only juveniles not alleged to have committed an offense that would be a Class A, B1, B2, C, D, E, F, or G felony if committed by an adult.

    Revises new GS 7B-3103, which authorizes courts to order the Division of Juvenile Justice of the Department of Public Safety or any law enforcement agency to release to the public specified information about a juvenile upon making three written findings in the order, to include in the required findings that the filed petition alleges the juvenile committed at least one offense that would be a Class A, B1, B2, C, D, E, F, or G felony if committed by an adult (previously required a finding that the petition alleges an offense that would be a Class A, B1, B2, or C felony if committed by an adult). Additionally amends the information that is subject to disclosure to include the juvenile's last name rather than only the initial of the juvenile's last name. 


  • Summary date: Feb 22 2023 - View Summary

    Amends GS 7B-1806 to allow a juvenile court counselor or any other person authorized by law to serve and complete juvenile process pursuant to GS 143B-831.

    Enacts GS 7B-1902.5 to authorize courts to impose alternatives to juvenile detention, under the supervision of a juvenile court counselor, so long as the juvenile is eligible to be placed in secure custody and the court finds the alternatives ensure both the public's safety and the juvenile's appearance in court. Requires the order to be in writing and specify the reasons for use of the alternatives to detention. Provides authority for the chief district court judge to delegate the court's authority to direct the use of alternatives to detention to the chief court counsel or their staff by administrative order, as specified; excludes the court's authority to detain or house juveniles in holdover facilities. Requires a hearing within five days of entry of an order pursuant to delegated authority, with hearings at intervals of no more than 60 days thereafter, to determine if the continued use of the alternatives is appropriate. For all other orders, requires hearings on the continued use of the alternatives in intervals of not more than 60 days after entry of the initial order. Additionally authorizes hearings on their continued use at any time upon the court's own motion or upon motion of the juvenile court counselor, the prosecutor, or the juvenile. Requires the court to use the criteria under GS 7B-1903 in determining whether to continue the order, terminate the order, or take other authorized action. 

    Amends GS 7B-1907 to allow for telephonic communication as required under new GS 7B-1902.5 when other means of communication are impractical.

    Amends GS 7B-2502 to allow a hearing after the completion of an undisciplined or delinquent juvenile's examination to determine whether the juvenile has any medical, surgical, psychiatric, or psychological needs, or conduct other evaluation or treatment. Authorizes the court to order the juvenile to comply with any recommended evaluation or treatment. For juveniles adjudicated delinquent who are identified with a suspected mental illness by a validated screening instrument or other evidence presented to the court (previously did not specify validation by screening or evidence), or suspected development disability to intellectual disability, requires the Division of Juvenile Justice of the Department of Public Safety (Division) to make a referral for a comprehensive clinical assessment or equivalent mental health assessment, unless such assessment has been conducted within the last 90 days before the disposition hearing (was within 45 days before the adjudication hearing). Now requires the court to review the assessment, whether court ordered or one conducted within 90 days before the disposition hearing, prior to the disposition of the case (previously limited to court-ordered assessments and required review prior to the date of disposition). 

    Enacts GS 7B-3103 authorizing courts to order the Division or any law enforcement agency to release to the public specified information about a juvenile upon making three written findings in the order: (1) that a petition has been filed alleging the juvenile has committed an offense that would be a Class A, B1, B2, or C felony if committed by an adult; (2) the court determines that the juvenile presents a danger to self or others; and (3) the court determines good cause exists. Enumerates information about the juvenile that may be disclosed, including a photograph, first name and last initial, the offense alleged, whether secure custody was issued, and a statement of the juvenile's threat to self or others. Prohibits disclosure if the juvenile is taken into custody. Requires the disclosing entity to make a reasonable effort to notify a parent, legal guardian, or custodian of the juvenile before disclosure.

    Corrects a statutory cross-reference in GS 153A-218 with regard to criteria for juvenile detention facilities located within county jails.

    Amends GS 114-12.1 to deem the Division responsible for creating, implementing, and evaluating juvenile minority sensitivity and racial and ethnic disparities training annually. Excludes the Division from the Department of Justice's requirement to conduct minority sensitivity training annually so long as the Division's training meets the Department's guidelines. 

    Amends GS 7B-2204 to allow juveniles to be detained in a holdover facility or a Division-approved detention facility until transfer to the Division of Prisons of the Department of Adult Correction to serve their active sentence. No longer prohibits detention in a detention facility pending transfer unless the facility is operated by the sheriff. 

    Effective December 1, 2023.