Bill Summary for S 506 (2011-2012)

Summary date: 

Apr 5 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 506 (Public) Filed Monday, April 4, 2011
TO AMEND THE DEFINITION OF DELINQUENT JUVENILE TO RAISE THE AGE FROM SIXTEEN TO EIGHTEEN YEARS IN SIX-MONTH INCREMENTS OF AGE OVER A FOUR-YEAR PERIOD, TO PROVIDE THAT SIXTEEN- AND SEVENTEEN-YEAR-OLDS WHO HAVE BEEN PREVIOUSLY CONVICTED OF A FELONY IN ADULT COURT SHALL REMAIN IN ADULT COURT, TO PROVIDE THAT SIXTEEN- AND SEVENTEEN-YEAR-OLDS ALLEGED DELINQUENT FOR A CLASS A–E FELONY SHALL BE TRANSFERRED TO ADULT COURT, TO MAKE CONFORMING CHANGES TO OTHER STATUTES RELEVANT TO CHANGING THE DEFINITION OF DELINQUENT JUVENILE, AND TO EXTEND THE YOUTH ACCOUNTABILITY TASK FORCE.
Intro. by Hartsell, Bingham, McKissick.

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Bill summary

Current law identifies as a delinquent juvenile an individual who commits a crime or infraction under state law or local ordinance and is less than 16 years of age but at least 6 years of age. Rewrites GS 7B-1501(7) to amend the definition of delinquent juvenile to incrementally increase the upper age limit for identification as a juvenile from age 16 to 18 over a four year period. Makes incremental increases in the age limit for identification as a juvenile effective as follows: (1) 16 years and six months of age effective July 1, 2015; (2) 17 years of age effective July 1, 2016; (3) 17 years and six months of age effective July 1, 2017; and (4) 18 years of age effective July 1, 2018.
Amends GS 7B-1501(11) to clarify that a holding facility is a place located in a jail, approved by the Department of Health and Human Services (DHHS) as meeting the standards for the operation of local confinement facilities (was, standards for detention) as required in GS 153A-221. Effective July 1, 2015.
Amends GS 7B-1601, effective July 1, 2015, to provide that a court obtaining jurisdiction over a juvenile alleged to be delinquent for an offense committed before the juvenile reaches the age of 16 years is to continue its jurisdiction until terminated by order of the court or until the juvenile reaches the age of 18 years, except as otherwise provided in Article 16 of GS Chapter 7B.
Enacts new GS 7B-1601(b1), effective July 1, 2015, providing that jurisdiction will continue until terminated by court order or until the juvenile reaches 19 years of age when the juvenile is alleged to be delinquent for an offense that would be a Class 1, 2, or 3 misdemeanor offense if committed by an adult, and the offense was committed while the juvenile was a least 16 years old. Makes additional changes, effective July 1, 2017, to conform to the increased age.
Enacts new GS 7B-1601(b2), effective July 1, 2015, providing that jurisdiction will continue until terminated by court order or until the juvenile reaches 21 years of age when the juvenile is alleged to be a delinquent for an offense that would be a Class A1 misdemeanor or felony offense if committed by an adult and the offense was committed while the juvenile was at least 16 years old. Makes conforming changes to GS 7B-1601(c) and (d).
Amends GS 7B-1602(b), effective July 1, 2015, providing that when a juvenile is committed to the Department of Juvenile Justice and Delinquency Prevention (Department) for an offense that would be a Class B1, B2, C, D, or E felony if committed by an adult, as specified, and the offense was committed while the juvenile was under 16 years old, jurisdiction will continue until terminated by court order or until the juvenile reaches 19 years old.
Makes various conforming changes to coincide with the incremental increases to raise the upper age limit for identification as a juvenile delinquent from age 16 to 18 to the following statutes: GS 7B-1604(a), 7B-2204, 7B-2506, 7B-2513(a), 7B-2513(a2), 7B-2513(a3), 7B-2515(a), 7B-2603(b), 5A-31(a), 5A-34(b), 143B-515(7), and 14-316.1. Includes effective dates corresponding with the effective dates for the incremental increases in the definition age for juvenile delinquent. Recodifies GS 20-106 as GS 14-72.9, effective July 1, 2015.
Amends GS 7B-1604(b) (limitations on juvenile court jurisdiction), stating that a juvenile (1) who is transferred to and convicted in superior court or (2) who has previously been convicted in either district or superior court for a felony, including a violation of the state motor vehicle laws, will be prosecuted as an adult for any criminal offense the juvenile commits after the superior court conviction. Enacts new GS 7B-2200(c), providing that if the juvenile was at least 16 years of age at the time the juvenile allegedly committed an offense that would be a Class B1, B2, C, D, or E felony if committed by an adult, after notice, hearing, and a finding of probable cause, the court must transfer jurisdiction to superior court for trial. Allows the court to retain jurisdiction only if, upon motion of the prosecutor, the court finds extraordinary circumstances. Amends GS 7B-2204, directing the court to order that the juvenile be detained in a holdover facility pending release, if the juvenile is at least 16 years of age, unless the court finds that such detention is not appropriate or the juvenile is not physically capable of caring for himself or herself. Amends GS 7B-2507, to modify the point system used to determine the delinquency history level for a delinquent juvenile. Also provides that prior adjudications and convictions (was, adjudications) are to be considered in determining the delinquency history level. Amends GS 143B-516 to provide for the transportation for any person under the jurisdiction of the juvenile court to and from any state or juvenile facility for any purpose required under GS Chapter 7B or upon a court order. Effective July 1, 2015.
Provides that for the purposes of this act, a juvenile’s age is to be determined from the date of birth in the month of birth to the same date in each calendar month. Upon the enactment of the legislation expanding the jurisdiction of Juvenile Justice and Delinquency Prevention to include persons who are 16 and 17 years of age who commit crimes or infractions, directs the Youth Accountability Task Force (Task Force) to monitor and review implementation of the expansion and to make additional recommendations to the General Assembly as necessary.
Amends Section 18.9(h) of SL 2009-451, effective January 14, 2011, to direct the Task Force to submit a final report of its findings and recommendations by January 15, 2019 (was January 15, 2011) to the General Assembly, the Governor, and the citizens of North Carolina.
Except as otherwise indicated, effective when the act becomes law.

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