Bill Summary for H 483 (2025-2026)
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| View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO EXTEND TERMS OF PROBATION AND POST-RELEASE SUPERVISION FOR YOUTH ADJUDICATED OF CERTAIN VIOLENT OFFENSES AND TO CLARIFY A VICTIM'S RIGHT TO BE NOTIFIED ABOUT TERMINATION OF PROBATION OR POST-RELEASE SUPERVISION; TO MODIFY THE CRITERIA FOR SECURE CUSTODY TO CLARIFY THAT A SUPERIOR COURT JUDGE MAY ENTER A SECURE CUSTODY ORDER FOLLOWING THE REMOVAL OF A CASE TO JUVENILE COURT AND TO AUTHORIZE THE ISSUANCE OF A SECURE CUSTODY ORDER IN RESPONSE TO THE VIOLATION OF A CHAPTER 50B DOMESTIC VIOLENCE PROTECTIVE ORDER; TO CLARIFY THAT ALL FELONY SCHOOL NOTIFICATIONS ARE LIMITED TO CLASS A THROUGH CLASS E FELONIES; TO EXTEND THE RETENTION PERIOD FOR CLOSED COMPLAINTS TO ALLOW FOR REVIEW BY THE PROSECUTOR; TO CREATE A CRIMINAL OFFENSE FOR ESCAPING FROM A JUVENILE JUSTICE FACILITY OR OFFICER; TO CLARIFY AND MAKE TECHNICAL CORRECTIONS TO THE JUVENILE CAPACITY TO PROCEED PROCESS; AND TO CLARIFY THE PLACE OF CONFINEMENT FOR PERSONS UNDER EIGHTEEN YEARS OF AGE WHO ARE SENTENCED TO IMPRISONMENT IN THE DEPARTMENT OF ADULT CORRECTION, AS RECOMMENDED BY THE DIVISION OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION OF THE DEPARTMENT OF PUBLIC SAFETY.Intro. by Davis, Greene, Carson Smith.
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Bill summary
House committee substitute to the 1st edition makes the following changes.
Amends GS 7B-2511, concerning termination of a juvenile’s probation, to require the Division of Juvenile Justice, instead of the court, to notify the victim when they have requested to be notified of court proceedings. Makes additional clarifying changes. Makes the same changes to GS 7B-2514, concerning the termination of a juvenile’s post-release supervision.
Amends GS 7B-1903 to also allow an order for nonsecure custody to be made when there is a reasonable factual basis to believe the matters alleged in the indictment or criminal information if the request is made under GS 15A-960 (removal of juveniles charged with committing Class A, B1, B2, C, D, or E felony offenses at age 16 and 17) are true, and that: (1) the juvenile is a runaway and consents to nonsecure custody or (2) the juvenile meets one or more of the criteria for secure custody, but the court finds it in the best interests of the juvenile that the juvenile be placed in a nonsecure placement.
Adds the following. Amends GS 7B-1701 to also allow a juvenile court counselor, without further inquiry, to allow a complaint to be filed as a petition if removal has been ordered under GS 15A-960. Amends GS 7B-1803 by adding that if removal is pursuant to GS 15B-960, the prosecutor must prepare the petition and sign it as the complainant. Requires the warrant for arrest, magistrate’s order, or indictment to serve as the verified allegation to support the complaint and for it to be included in the juvenile record. Amends GS 15A-960 to require an order to require the chief court counselor to file a juvenile petition within five (was, 10) calendar days after removal is ordered. Requires in cases where a true bill of indictment has been returned by the grand jury that a copy of the indictment accompany the order of removal to the juvenile court. Requires in cases where a criminal information is filed that a copy of the criminal information and the warrant for arrest or magistrate's order accompany the order of removal to the juvenile court. Requires that after the entry of removal order that the prosecutor draw the juvenile petition, sign it as the complainant, and submit it to the chief court counselor. Requires the warrant for arrest, magistrate's order, or indictment to serve as the verified allegation to support the complaint and be included in the juvenile record by the clerk. Requires the case to proceed under the procedures in Subchapter II of GS Chapter 7B. Amends GS 7B-3000 to require the juvenile’s record to include documents accompanying the order to remove cases from superior court under GS 15A-960.
Adds a section amending GS 15-6 by requiring when a person under age 18 is imprisoned that they be committed to the custody of the Division of Prisons of the Department of Adult Correction and confined in a facility operated by the Division of Prisons (was, imprisoned in a detention facility approved by the Division of Juvenile Justice to provide secure confinement and care for juveniles, or to a holdover facility).
Makes Part VIII of the act (formerly Part VII) effective December 1, 2025 (was, August 1, 2025)
Makes conforming changes to the act’s long title.