Bill Summary for S 207 (2021-2022)

Summary date: 

Mar 9 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 207 (Public) Filed Tuesday, March 9, 2021
AN ACT TO IMPLEMENT THE JUVENILE JUSTICE REINVESTMENT ACT BASED ON LEGISLATIVE RECOMMENDATIONS OF THE JUVENILE JURISDICTION ADVISORY COMMITTEE, TO MAKE RELATED CHANGES TO THE JUVENILE CODE, AND TO PROVIDE FOR AN APPROPRIATE MENTAL HEALTH ASSESSMENT TO BE PROVIDED FOR JUVENILES WHO HAVE BEEN ADJUDICATED DELINQUENT.
Intro. by Britt, Daniel, Mohammed.

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Bill summary

Part I

Amends GS 7B-2513, which governs the commitment of delinquent juveniles to the Division of Adult Correction and Juvenile Justice (Division) of the Department of Public Safety (DPS). Modifies the limitations set for offenses the juvenile committed while the juvenile was at least 16 years of age but less than 17 years of age, which currently limits commitment to until the juvenile's 19th birthday. Requires commitment not to exceed the juvenile's 21st birthday if the juvenile has been committed for an offense that would be first-degree murder, first-degree forcible rape, first-degree statutory rape, first-degree forcible sexual offense, or first-degree statutory sexual offense if committed by an adult. Requires commitment not to exceed the juvenile's 20th birthday if the juvenile has been committed for any other offense that would be a Class B1, B2, C, D, or E felony if committed by an adult. Requires commitment for a term not to exceed the juvenile's 19th birthday if the juvenile has been 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. Modifies the limitations set for offenses the juvenile committed while the juvenile was at least 17 years of age, which currently limits commitment to until the juvenile's 20th birthday. Requires commitment not to exceed the juvenile's 21st birthday if the juvenile has been committed for an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult, or the juvenile's 20th birthday if the offense would not be a Class A, B1, B2, C, D, or E felony if committed by an adult. Makes conforming changes to GS 7B-1601 concerning jurisdiction over delinquent juveniles.

Amends GS 7B-1602 to extend the jurisdiction of the Division over delinquent juveniles committed for placement in a youth development center, continuing jurisdiction until the earlier of either termination by court order or (1) the juvenile reaches 20 years of age for juveniles committed for offenses committed while the juvenile was 16 but less than 17 years old that would be a Class B1, B2, C, D, or E felony if committed by an adult or (2) until the juvenile reaches 21 years of age for juveniles committed for offenses committed while the juvenile was at least 17 years of age that would be a Class B1, B2, C, D, or E felony if committed by an adult. Excludes from the new provisions offenses covered in existing subsection (a), which includes first-degree murder, rape, and sexual offenses. Makes conforming changes to existing extended jurisdiction provisions to make those provisions applicable to commitment for offenses committed under the age of 16. 

Makes conforming changes to GS 7B-2514, concerning when the Division is required to release a juvenile under a plan of post-release supervision, based on the juvenile's birthday, age at the time of the offense, and the class of the offense if the offense were committed by an adult. 

Makes conforming changes to GS 7B-2516, regarding commitment to the Division following revocation of post-release supervision, to reflect the maximum terms of commitment allowed pursuant to GS 7B-2513, as amended. 

Amends GS 7B-2600 concerning the court's jurisdiction to modify any order or disposition made where the court finds the juvenile to be delinquent or undisciplined. Separates the court's authority for delinquency, replacing its authority with the following. Establishes that the court's jurisdiction to modify any order of disposition in a case where the court finds the juvenile to be delinquent continues until one of the following occurs: (1) the juvenile reaches the age of 18 for an offense committed prior to the age of 16; (2) the juvenile reaches the age of 19 for an offense committed while the juvenile was at least 16 but less than 17 years of age; (3) the juvenile reaches 20 years of age for an offense committed while the juvenile was at least 17 years of age; (4) the juvenile reaches the maximum term of commitment authorized in GS 7B-2513, as amended, if committed to the Division for placement in a youth development center; or (5) terminated by the court. 

Part II

Amends GS 7B-2204 to allow a juvenile who has received an active sentence to be detained, pending transfer to the Division, in a holdover facility or detention facility approved by the Juvenile Justice Section (previously allowed detention in a holdover facility, and only detention facilities operated by the sheriff).

Part III

Amends GS 7B-2200.5(d), which requires remand of a juvenile matter transferred to superior court upon joint motion of the prosecutor and the juvenile's attorney. Adds a new requirement for the prosecutor to provide the chief court counselor or his or her designee with a copy of the joint motion prior to submitting the motion to the court. Requires the superior court to expunge the superior court record at remand, and if the juvenile meets the criteria for secure custody of GS 7B-1903, authorizes the superior court to issue an order for secure custody upon the request of a prosecutor. Requires the prosecutor to provide copies of any secure custody order issued to the chief court counselor or his or her designee, as soon as possible and no more than 24 hours after the order is issued. 

Amends GS 7A-271 and GS 7B-1902 to grant jurisdiction and authority for a superior court judge to issue a secure custody order pursuant to GS 7B-1903, as amended, when a juvenile matter that has been transferred to superior court is remanded to district court pursuant to GS 7B-2200.5(d), as amended. 

Amends GS 7B-1906 to enact a new subsection, (b2), to require a hearing on the need for continued secure custody to be held no more than 10 calendar days following the issuance of a secure custody order on remand of the matter from superior court pursuant to GS 7B-2200.5(d), as amended. Prohibits continuance or waiver of the hearing. Requires subsequent hearings to comply with the existing requirements of subdivision (b1). Grants the district court the authority to modify any secure custody order following the issuance of that order by the superior court. 

Part IV

Further amends GS 7B-2200.5, which provides for mandatory transfer of jurisdiction of a juvenile who is at least 16 years of age to superior court for offenses that would be a Class A, B1, B2, C, D, E, F, or G felony if committed by an adult. Establishes a new subsection (a1), authorizing the prosecutor to decline to prosecute in superior court a matter that would otherwise be subject to mandatory transfer pursuant to the statute, if the juvenile has allegedly committed an offense that would be a Class E, F, or G felony if committed by an adult. Deems jurisdiction to remain in district court if the prosecutor declines to prosecute the matter in superior court following a probable cause hearing. Allows the prosecutor to choose to transfer the matter prior to adjudication. 

Part V

Provides that the act applies to offenses committed on or after December 1, 2021. 

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