Bill Summary for H 186 (2023-2024)
|View NCGA Bill Details||2023-2024 Session|
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.
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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.