Bill Summary for H 399 (2015-2016)
|View NCGA Bill Details||2015-2016 Session|
AN ACT TO ESTABLISH THE JUVENILE JURISDICTION ADVISORY COMMITTEE, TO CREATE A PILOT CIVIL CITATION PROCESS FOR JUVENILES, AND TO RAISE THE AGE OF JUVENILE JURISDICTION TO INCLUDE SIXTEEN- AND SEVENTEEN-YEAR-OLDS WHO HAVE COMMITTED MISDEMEANOR OFFENSES.Intro. by Avila, Farmer-Butterfield, Jordan, D. Hall.
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Establishes the 24-member Juvenile Jurisdiction Advisory Committee (Committee) within the Division of Juvenile Justice of the Department of Public Safety (Department), with specified membership, including members appointed by the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Governor, to plan for the implementation of changes to the juvenile justice system for the extension of its jurisdiction. Specifies changes that would be required to extend jurisdiction in delinquency matters to include 16- and 17-year-olds with misdemeanor offenses in the juvenile justice system.
Provides that the co-chairs of the Committee will establish a 7-member Juvenile Civil Citation Subcommittee, with specified membership, to develop and implement a juvenile civil citation process as an alternate to custody of juveniles who commit non-serious delinquent acts. Requires a plan for implementation to be submitted to the Committee no later than July 1, 2016. Sets out other requirements of the Subcommittee, including establishing a pilot program and establishing a juvenile citation program in every county of North Carolina by July 1, 2020. Establishes reporting requirements, including requiring an interim report by the Committee to be submitted to the General Assembly and to specified committees, with a final report due by January 15, 2023, at which time the Committee terminates.
Amends GS 7B-1501(7), effective July 1, 2016, expanding the definition of a delinquent juvenile to include individuals less than 17 but at least 16 years of age who commit a misdemeanor or infraction under state law or other ordinances and regulations, or who commits indirect contempt by a juvenile.
Amends GS 7B-1501(7), effective July 1, 2021, expanding the definition of a delinquent juvenile, changing the age as amended above, to include individuals less than 18 but at least 16 years of age who commit a misdemeanor or infraction under state law or other ordinances and regulations, or who commit indirect contempt by a juvenile; excludes motor vehicle violations and offenses under Article 13A (the Street Gang Suppression Act) of GS Chapter 14.
Amends GS 7B-1501(11), effective July 1, 2020, making technical changes and requiring that a holdover facility meet the standards for the operation of local confinement facilities (was, standards for detention).
Amends GS 7B-1601 (Jurisdiction over delinquent juveniles), effective July 1, 2020, providing extensions of jurisdiction to the court over juveniles in specified situations and circumstances, including, but not limited to, a juvenile who is delinquent for an offense prior to the age of 16, the court will retain jurisdiction until the age of 18, or a juvenile alleged to be delinquent for an offense that would be a misdemeanor if an adult committed it, but it was committed by a juvenile who was at least 16, the court will retain jurisdiction until the age of 19.
Amends GS 7B-1601(b1) and GS 7B-1601(c1), effective July 1, 2021, amending the specified ages and extensions of jurisdictions for these new sections added above by one year.
Amends GS 7B-1604 (Limitations on juvenile court jurisdiction), providing that any juvenile who commits a criminal offense on or after reaching the age of 17 is subject to prosecution as an adult (was, after the 16th birthday). Further provides that any juvenile who has been previously convicted in either district or superior court for a felony will be prosecuted as an adult (previously only established that juveniles who were transferred to and convicted in superior court were to be prosecuted as an adult) for any offense committed on or after the conviction. Effective July 1, 2020. Amends GS 7B-1604(a), effective July 1, 2021, providing that the age of 17, as amended above, is changed to 18.
Amends GS 7B-1901(a), effective July 1, 2020, providing that a juvenile who is at least 16 years old and is taken into custody without a court order, pursuant to GS 7B-1900(1), can be released from custody in the discretion of the custody holder, without the presence of the juvenile's parent, guardian, or custodian.
Amends GS 7B-2506 (Dispositional alternatives for delinquent juveniles), effective July 1, 2020, providing specified age restrictions for the alternatives for delinquent juveniles, including, but not limited to, excusing a juvenile under the age of 16 from compliance with the compulsory school attendance law due to the availability of suitable alternatives. Deletes provision limiting participation in community-based substance abuse treatment or residential or nonresidential treatment programs to 12 months.
Amends GS 7B-2507 (Delinquency history levels), effective July 1, 2020, setting out the procedures and processes for calculating points assigned to a juvenile's prior adjudications or convictions, for use in the juvenile's record, including assigning two points for a prior conviction of a Class A1 misdemeanor. Makes conforming and clarifying changes.
Amends GS 7B-2513(a), effective July 1, 2020, setting out the age cutoffs for offenses which can require a juvenile to complete an indefinite term in a youth development center; for example, for an offense the juvenile committed prior to reaching the age of 16, the term will not exceed the 18th birthday of the juvenile if the juvenile was committed for an offense other than an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult. Provides in new (a2) that the term will not exceed the juvenile's 19th birthday when the juvenile was at least 16 at the time of the offense. Amends GS 7B-2513(a2), effective July 1, 2021, changing a specified age to at least 16 years of age but less than 17 (was, at least 16 years of age).
Amends GS 7B-2513(a3), effective July 1, 2021, establishing that for an offense the juvenile committed while the juvenile was at least 17 years of age, the term will not exceed the juvenile's 20th birthday (previously, this subsection was reserved and blank).
Amends GS 7B-2515(a), effective July 1, 2020, establishing that juveniles that are being considered for release before their 18th birthday, pursuant to this section, must be juveniles that were committed for an offense which occurred prior to reaching the age of 16.
Amends GS 7B-2603(b), effective July 1, 2020, requiring that a juvenile be detained pending release.
Amends the introductory language of GS 5A-31(a), effective July 1, 2020, providing the qualifying requirements for contempt by a juvenile, establishing that specified acts must be committed by a minor who is at least 6 but not yet 17 years of age (was, 16 years of age). Amends the introductory language of GS 5A-31(a), effective July 1, 2021, changing the age amended from 17 to 18 years of age.
Amends GS 5A-34(b), effective July 1, 2020, providing that the provision of Article 1 and 2 of GS 5A apply to acts or omissions by minors who are 17 years of age or older (was, 16 years of age or older). Amends the same provision, effective July 1, 2021, to remove the provision making it applicable to minors 17 or older.
Amends GS 143B-805(6), effective July 1, 2020, expanding the definition of a delinquent juvenile for the purposes of the Division of Juvenile Justice to include any juvenile, while less than 17 years of age but at least 16 years of age, who committed a misdemeanor or infraction under state law or other ordinances and regulations. Excludes motor vehicle violations and offenses under Article 13A (Street Gang Suppression Act) of GS Chapter 14. Amends GS 143B-805(6), effective July 1, 2021, changing the age in the definition from 17 years of age to 18.
Amends GS 143B-806(b), effective July 1, 2020, providing that the Secretary of the Division of Juvenile Justice has the power and duty to provide transportation to and from any state or local juvenile facility of any person under the jurisdiction of the juvenile court for any purpose required by GS Chapter 7B, or upon order of the court.
Amends GS 14-316.1 (Contributing to delinquency and neglect by parents and others), effective July 1, 2020, providing that any person who is at least 17 years old who knowingly or willfully causes, encourages, or aids any juvenile within the jurisdiction of the court to be in a place or condition, or to commit an act whereby the juvenile could be adjudicated delinquent, undisciplined, abused, or neglected, is guilty of a Class 1 misdemeanor. Further amends GS 14-316.1, effective July 1, 2021, changing the age as provided and amended above from 17 years of age to 18.
Amends GS 7B-2200, changing subsection title to Transfer of jurisdiction of juvenile to superior court; transfer of jurisdiction to district criminal court, enacting a new subsection GS 7B-2200(b), which provides that after it has been established that a juvenile is a member of a street gang, the prosecutor, juvenile's attorney, or the court can make a motion to transfer jurisdiction from juvenile court to district criminal court if the juvenile has reached 16 years of age at the time of the alleged offense that would be a misdemeanor if committed by an adult, provided the alleged defense is related to membership in a street gang. Effective July 1, 2020.
Enacts new GS 7B-2203.1, Hearing to determine street gang membership, effective July 1, 2020, establishing provisions for hearings to determine street gang membership of a juvenile that is at least 16 years old at the time of the alleged offense, and to determine whether the alleged offense is related to the juvenile's gang membership. Sets out what can be considered in the hearing and provides that if by a preponderance of the evidence the juvenile is a street gang member and the alleged offense was related to gang membership, then the court must transfer the juvenile as provided in GS 7B-2200(b), detailed above.
Except as otherwise provided, this act is effective when it becomes law.