Bill Summary for H 280 (2017-2018)

Summary date: 

May 10 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 280 (Public) Filed Wednesday, March 8, 2017
AN ACT TO RAISE THE AGE OF JUVENILE JURISDICTION TO INCLUDE SIXTEEN- AND SEVENTEEN-YEAR-OLDS, EXCEPT IN THE CASE OF CERTAIN FELONIES; TO PROVIDE A VICTIM THE OPPORTUNITY TO REQUEST REVIEW OF DECISION NOT TO FILE A PETITION; TO INCREASE THE INFORMATION AVAILABLE ON JUVENILES TO LAW ENFORCEMENT AND FOR COURT PROCEEDINGS; TO AUTHORIZE SCHOOL-JUSTICE PARTNERSHIPS STATEWIDE TO REDUCE SCHOOL-BASED REFERRALS TO THE JUVENILE COURT SYSTEM; TO REQUIRE REGULAR JUVENILE JUSTICE TRAINING FOR LAW ENFORCEMENT OFFICERS; AND TO ESTABLISH THE JUVENILE JURISDICTION ADVISORY COMMITTEE.
Intro. by McGrady, Lewis, Duane Hall, S. Martin.

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Bill summary

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

Deletes the proposed change to subsection (d) in GS 7B-1601 (Jurisdiction over delinquent juveniles), maintaining existing language providing that when the court has not obtained jurisdiction over a juvenile before the juvenile reaches the age of 18, for a felony and any related misdemeanors the juvenile allegedly committed on or after the juvenile's thirteenth birthday and prior to the juvenile's sixteenth birthday (previously, eighteenth birthday), the court has jurisdiction for the sole purpose of conducting proceedings pursuant to Article 22 of GS Chapter 7B and either transferring the case to superior court for trial as an adult or dismissing the petition. Adds new subsection (d1), providing that when the court has not obtained jurisdiction over a juvenile before the juvenile reaches the age of 19, for a felony and related misdemeanors the juvenile already committed while the juvenile was at least 16 years of age but less than 17 years of age, the court has jurisdiction for the sole purpose of conducting proceedings pursuant to Article 22 of GS Chapter 7B and either transferring the case to superior court for trial as an adult or dismissing the petition. Further provides that when the court has not obtained jurisdiction over a juvenile before the juvenile reaches the age of 20, for a felony and related misdemeanors the juvenile allegedly committed while the juvenile was 17 years of age but less than 18 years of age, the court has jurisdiction for the sole purpose of conducting proceedings pursuant to Article 22 of GS Chapter 7B and either transferring the case to superior court for trial as an adult or dismissing the petition.

Makes clarifying changes to proposed GS 7B-2200.5 (Transfer of jurisdiction of a juvenile at least 16 years of age to superior court), requiring jurisdiction to be transferred to superior court after (1) notice has been provided to the juvenile and the court has found that a bill of indictment has been returned against the juvenile charging the commission of an offense that constitutes a Class A, B1, B2, C, D, or E felony if committed by an adult or (2) notice, hearing, and a finding of probable cause that the juvenile committed an offense that constitutes a Class A, B1, B2, C, D, or E felony if committed by an adult.

Amends GS 7B-250F by providing that, if a juvenile is adjudicated delinquent or convicted of more than one offense in a single superior court during one calendar week, only the adjudication or conviction for the offense with the highest point total is used.

Modifies and adds to the proposed changes to GS 7B-2515. Amends subsection (a), requiring the Division of Juvenile Justice (Division) to notify the juvenile and the juvenile's parent, guardian, or custodian of the Division's intent not to release the juvenile who was committed to the Division for an offense that was committed before the juvenile reached the age of 16 years (previously, specified a juvenile committed prior to reaching the age of 16 years) prior to the juvenile's eighteenth birthday, or if the Division determines the commitment should be continued beyond the maximum commitment period as set out in GS 7B-2516(a4) (conforming change; previously GS 7B-2513(a1)). Makes technical and conforming changes.

Adds new subsection (a1), providing that in determining whether a juvenile who was committed to the Division for an offense committed while the juvenile was at least 16 but less than 17 years of age should be released before the juvenile's nineteenth birthday, the Division must consider the protection of the public as well as the likelihood that continued placement will lead to further rehabilitation. Requires the Division to notify the juvenile and the juvenile's parent, guardian, or custodian in writing at least 30 days in advance of the juvenile's nineteenth birthday or the end of the maximum commitment period of the Division's intent not to release the juvenile prior to the juvenile's nineteenth birthday, or if the Division determines the commitment should be continued beyond the maximum commitment period as set out in GS 7B-2516(a4). Sets out the notice must include the additional specific commitment period proposed by the Division, the basis for the extension, and the plan for future care or treatment. 

Similarly, adds new subsection (a2), providing that in determining whether a juvenile committed to the Division for an offense committed while the juvenile was at least 17 but less than 18 years of age should be released before the juvenile's twentieth birthday, the Division must consider the protection of the public as well as the likelihood that continued placement will lead to further rehabilitation. Requires the Division to notify the juvenile and the juvenile's parent, guardian, or custodian in writing at least 30 days in advance of the juvenile's twentieth birthday or the end of the maximum commitment period of the Division's intent not to release the juvenile prior to the juvenile's twentieth birthday, or if the Division determines the commitment should be continued beyond the maximum commitment period as set out in GS 7B-2516(a4). Sets out the notice must include the additional specific commitment period proposed by the Division, the basis for the extension, and the plan for future care or treatment. 

Makes conforming changes to subsection (c), concerning the juvenile or the juvenile's parent, guardian, or custodian's right to request a court to review the Division's decision to extend the juvenile's commitment pursuant to the statute's provisions, as amended.

Further amends GS 143B-805(6), defining delinquent juvenile for use in provisions concerning the Division of Juvenile Justice, to include in the term any juvenile who commits indirect contempt by a juvenile as defined in GS 5A-31.

Adds new Part VI to the act as follows. Amends GS 7B-1702 to require the juvenile court counselor to conduct a gang assessment, in addition to the criteria provided by the Department of Public Safety, in determining whether a complaint should be filed as a petition, the juvenile diverted pursuant to GS 7B-1706, or the case resolved without further action.

Adds new subsection to GS 7B-2508, increasing the disposition for the adjudication of an offense by a juvenile when the court finds the offense was committed as part of criminal gang activity as defined in GS 7B-2508.1, to one level higher than would otherwise be provided for the class of offense and delinquency history level. 

Enacts new GS 7B-2508.1 (Criminal gang activity), defining criminal gang, criminal gang activity, and criminal gang member as those terms apply to Article 25 of GS Chapter 7B. 

Amends GS 7B-3001(a) to require the juvenile court counselor's record to include the results of the gang assessment conducted pursuant to GS 7B-1702 as amended.

The above provisions of new Part VI are effective December 1, 2019, and apply to offenses committed on or after that date.

Directs the Division of Adult Correction and Juvenile Justice of the Department of Public Safety to develop a gang assessment instrument to be used pursuant to GS 7B-1702 as amended. Requires the form to be developed in consultation with the administrator of the GangNET database maintained by the NC State Highway Patrol, as well as any other relevant entities. 

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