GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2001-490
AN ACT TO MAKE CHANGES TO THE MEMBERSHIP OF THE NORTH CAROLINA CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS COMMISSION, TO CLARIFY THE ENFORCEMENT POWERS OF THE COMMISSION, TO REPEAL THE REMOVAL OF THE DEPARTMENT OF CORRECTION FROM THE COMMISSION, AS RECOMMENDED BY THE JOINT LEGISLATIVE CORRECTIONS AND CRIME CONTROL OVERSIGHT COMMITTEE, AND TO MAKE CONFORMING CHANGES FOR THE DEPARTMENT OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION.
The General Assembly of North Carolina enacts:
PART I. CHANGES TO NORTH CAROLINA CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS COMMISSION
SECTION 1.1. G.S. 17C-2(3) reads as rewritten:
"(3) Criminal justice
officers. - The administrative and subordinate personnel of all the
departments, agencies, units or entities comprising the criminal justice
agencies who are sworn law-enforcement officers, both State and local, with the
power of arrest; revenue law enforcement officers; State correctional
officers; State probation/parole officers; State probation/parole
officers-surveillance; officers, supervisory and administrative personnel
of local confinement facilities; State youth services officers; State
probation/parole intake officers; State probation/parole officers-surveillance;
State probation/parole intensive officers; and State parole case analysts. State
juvenile justice officers; chief court counselors; and juvenile court counselors."
SECTION 1.2. G.S. 17C-3 reads as rewritten:
"(a) There is established
the North Carolina Criminal Justice Education and Training Standards
Commission, hereinafter called 'the Commission.' The Commission shall be
composed of 26 33 members as follows:
(1) Police Chiefs. - Three police chiefs selected by the North Carolina Association of Chiefs of Police and one police chief appointed by the Governor.
(2) Police Officers. - Three police officials appointed by the North Carolina Police Executives Association and two criminal justice officers certified by the Commission as selected by the North Carolina Law-Enforcement Officers' Association.
(3) Departments. - The
Attorney General of the State of North Carolina; the Secretary of the
Department of Crime Control and Public Safety; the Secretary of the
Department of Correction; the President of the North Carolina System of
Community Colleges.North Carolina Community Colleges System; the
Secretary of Juvenile Justice and Delinquency Prevention.
(3a) A representative of the
Office of Juvenile Justice.
(4) At-large Groups. - One individual representing and appointed by each of the following organizations: one mayor selected by the League of Municipalities; one law-enforcement training officer selected by the North Carolina Law-Enforcement Training Officers' Association; one criminal justice professional selected by the North Carolina Criminal Justice Association; one sworn law-enforcement officer selected by the North State Law-Enforcement Officers' Association; one member selected by the North Carolina Law-Enforcement Women's Association; and one District Attorney selected by the North Carolina Association of District Attorneys.
(5) Citizens and Others. -
The President of The University of North Carolina; the Director of the
Institute of Government; and two citizens, one of whom shall be selected by the
Governor and one of whom shall be selected by the Attorney General. The General
Assembly shall appoint two four persons, one two
upon the recommendation of the Speaker of the House of Representatives and one
two upon the recommendation of the President Pro Tempore of the Senate.
Appointments by the General Assembly shall be made in accordance with G.S. 120-122.
Appointments by the General Assembly shall serve two-year terms to conclude on
June 30th in odd-numbered years.
(6) Correctional Officers. - Four correctional officers in management positions employed by the Department of Correction shall be appointed, two from the Division of Community Corrections upon the recommendation of the Speaker of the House of Representatives and two from the Division of Prisons upon the recommendation of the President Pro Tempore of the Senate. Appointments by the General Assembly shall be made in accordance with G.S. 120-122. Appointments by the General Assembly shall serve two-year terms to conclude on June 30th in odd-numbered years. The Governor shall appoint one correctional officer employed by the Department of Correction and assigned to the Office of Staff Development and Training. The Governor's appointment shall serve a three-year term.
(b) The members shall be appointed for staggered terms. The initial appointments shall be made prior to September 1, 1983, and the appointees shall hold office until July 1 of the year in which their respective terms expire and until their successors are appointed and qualified as provided hereafter:
For the terms of one year: one member from subdivision (1) of subsection (a) of this section, serving as a police chief; three members from subdivision (2) of subsection (a) of this section, one serving as a police official, and two criminal justice officers; one member from subdivision (4) of subsection (a) of this section, appointed by the North Carolina Law-Enforcement Training Officers' Association; and two members from subdivision (5) of subsection (a) of this section, one appointed by the Governor and one appointed by the Attorney General.
For the terms of two years: one member from subdivision (1) of subsection (a) of this section, serving as a police chief; one member from subdivision (2) of subsection (a) of this section, serving as a police official; and two members from subdivision (4) of subsection (a) of this section, one appointed by the League of Municipalities and one appointed by the North Carolina Association of District Attorneys.
For the terms of three years: two members from subdivision (1) of subsection (a) of this section, one police chief appointed by the North Carolina Association of Chiefs of Police and one police chief appointed by the Governor; one member from subdivision (2) of subsection (a) of this section, serving as a police official; and three members from subdivision (4) of subsection (a) of this section, one appointed by the North Carolina Law-Enforcement Women's Association, one appointed by the North Carolina Criminal Justice Association, and one appointed by the North State Law-Enforcement Officers' Association.
Thereafter, as the term of each member expires, his successor shall be appointed for a term of three years. Notwithstanding the appointments for a term of years, each member shall serve at the will of the appointing authority.
The Attorney General, the Secretary of the Department of
Crime Control and Public Safety, the Secretary of the Department of
Correction, the President of The University of North Carolina, the Director of
the Institute of Government, and the President of the Department of
Community Colleges North Carolina Community Colleges System, and the
Secretary of Juvenile Justice and Delinquency Prevention shall be
continuing members of the Commission during their tenure. These members of the
Commission shall serve ex officio and shall perform their duties on the
Commission in addition to the other duties of their offices. The ex officio
members may elect to serve personally at any or all meetings of the Commission
or may designate, in writing, one member of their respective office,
department, university or agency to represent and vote for them on the
Commission at all meetings the ex officio members are unable to attend.
Vacancies in the Commission occurring for any reason shall be filled, for the unexpired term, by the authority making the original appointment of the person causing the vacancy. A vacancy may be created by removal of a Commission member by majority vote of the Commission for misconduct, incompetence, or neglect of duty. A Commission member may be removed only pursuant to a hearing, after notice, at which the member subject to removal has an opportunity to be heard."
SECTION 1.3. G.S. 17C-11 reads as rewritten:
"§
17C-11. Power of the Commission to seek injunction.Compliance;
enforcement.
(a) Any criminal justice officer who the Commission determines does not comply with this Chapter or any rules adopted under this Chapter shall not exercise the powers of a criminal justice officer and shall not exercise the power of arrest unless the Commission waives that certification or deficiency. The Commission shall enforce this section by the entry of appropriate orders effective upon service on either the criminal justice agency or the criminal justice officer.
(b) Any person who desires to appeal the proposed denial, suspension, or revocation of any certification authorized to be issued by the Commission shall file a written appeal with the Commission not later than 30 days following notice of denial, suspension, or revocation.
(c) The Commission may appear in its own name and apply to courts having jurisdiction for injunctions to prevent violations of this Chapter or of rules issued pursuant thereto; specifically, the performance of criminal justice officer functions by officers or individuals who are not in compliance with the standards and requirements of G.S. 17C-6(a) and G.S. 17C-10. A single act of performance of a criminal justice officer function by an officer or individual who is performing such function in violation of this Chapter is sufficient, if shown, to invoke the injunctive relief of this section."
SECTION 1.4. G.S. 17E-9(a) reads as rewritten:
"(a) Any justice officer
who the Commission determines does not comply with the provisions of this
Chapter or any rules adopted under this Chapter shall not be
authorized to exercise the powers of a justice officer and shall not be
authorized to exercise the power of arrest unless such certification or
deficiency has been waived by the Commission. the Commission waives that
certification or deficiency. The Commission shall enforce the provisions
of this section by the entry of appropriate orders. orders
effective upon service on either the department or the justice officer."
SECTION 1.5. Section 17.3 of S.L. 2000-67 is repealed.
PART II. CONFORMING CHANGES TO LAWS GOVERNING UNDISCIPLINED AND DELINQUENT JUVENILES
SECTION 2.1. G.S. 7B-1501 reads as rewritten:
"§ 7B-1501. Definitions.
In this Subchapter, unless the context clearly requires otherwise, the following words have the listed meanings:
(1) Chief court counselor. - The person responsible for administration and supervision of juvenile intake, probation, and post-release supervision in each judicial district, operating under the supervision of the Department of Juvenile Justice and Delinquency Prevention.
(2) Clerk. - Any clerk of superior court, acting clerk, or assistant or deputy clerk.
(3) Community-based program. - A program providing nonresidential or residential treatment to a juvenile under the jurisdiction of the juvenile court in the community where the juvenile's family lives. A community-based program may include specialized foster care, family counseling, shelter care, and other appropriate treatment.
(4) Court. - The district court division of the General Court of Justice.
(5) Court
counselor. - A person responsible for probation and post-release supervision to
juveniles under the supervision of the chief court counselor
(6) Custodian. - The person or agency that has been awarded legal custody of a juvenile by a court.
(7) Delinquent juvenile. - Any juvenile who, while less than 16 years of age but at least 6 years of age, commits a crime or infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws.
(7a) Department. - The Department of Juvenile Justice and Delinquency Prevention created under Article 12 of Chapter 143B of the General Statutes.
(8) Detention. - The secure confinement of a juvenile under a court order.
(9) Detention facility. - A facility approved to provide secure confinement and care for juveniles. Detention facilities include both State and locally administered detention homes, centers, and facilities.
(10) District. - Any district court district as established by G.S. 7A-133.
(11) Holdover facility. - A place in a jail which has been approved by the Department of Health and Human Services as meeting the State standards for detention as required in G.S. 153A-221 providing close supervision where the juvenile cannot converse with, see, or be seen by the adult population.
(12) House arrest. - A requirement that the juvenile remain at the juvenile's residence unless the court or the juvenile court counselor authorizes the juvenile to leave for specific purposes.
(13) Intake counselor. - A
person who screens and evaluates a complaint alleging that a juvenile is
delinquent or undisciplined to determine whether the complaint should be filed
as a petition.
(13) Intake. - The process of screening and evaluating a complaint alleging that a juvenile is delinquent or undisciplined to determine whether the complaint should be filed as a petition.
(14) Interstate Compact on Juveniles. - An agreement ratified by 50 states and the District of Columbia providing a formal means of returning a juvenile, who is an absconder, escapee, or runaway, to the juvenile's home state, and codified in Article 28 of this Chapter.
(15) Judge. - Any district court judge.
(16) Judicial district. - Any district court district as established by G.S. 7A-133.
(17) Juvenile. - Except as provided in subdivisions (7) and (27) of this section, any person who has not reached the person's eighteenth birthday and is not married, emancipated, or a member of the armed forces of the United States. Wherever the term "juvenile" is used with reference to rights and privileges, that term encompasses the attorney for the juvenile as well.
(18) Juvenile court. - Any district court exercising jurisdiction under this Chapter.
(18a) Juvenile court counselor. - A person responsible for intake services and court supervision services to juveniles under the supervision of the chief court counselor.
(19) Repealed by Session Laws 2000, c. 137, s. 2.
(20) Petitioner. - The individual who initiates court action by the filing of a petition or a motion for review alleging the matter for adjudication.
(21) Post-release supervision. - The supervision of a juvenile who has been returned to the community after having been committed to the Department for placement in a training school.
(22) Probation. - The status of a juvenile who has been adjudicated delinquent, is subject to specified conditions under the supervision of a juvenile court counselor, and may be returned to the court for violation of those conditions during the period of probation.
(23) Prosecutor. - The district attorney or assistant district attorney assigned by the district attorney to juvenile proceedings.
(24) Protective supervision. - The status of a juvenile who has been adjudicated undisciplined and is under the supervision of a juvenile court counselor.
(25) Teen court program. - A community resource for the diversion of cases in which a juvenile has allegedly committed certain offenses for hearing by a jury of the juvenile's peers, which may assign the juvenile to counseling, restitution, curfews, community service, or other rehabilitative measures.
(26) Training school. - A secure residential facility authorized to provide long-term treatment, education, and rehabilitative services for delinquent juveniles committed by the court to the Department.
(27) Undisciplined juvenile. -
a. A juvenile who, while less than 16 years of age but at least 6 years of age, is unlawfully absent from school; or is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours; or
b. A juvenile who is 16 or 17 years of age and who is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours.
(28) Wilderness program. - A rehabilitative residential treatment program in a rural or outdoor setting.
The singular includes the plural, unless otherwise specified."
SECTION 2.2. G.S. 7B-1601(e) reads as rewritten:
"(e) The court has jurisdiction over delinquent juveniles in the custody of the Department and over proceedings to determine whether a juvenile who is under the post-release supervision of the juvenile court counselor has violated the terms of the juvenile's post-release supervision."
SECTION 2.3. G.S. 7B-1700 reads as rewritten:
"§ 7B-1700. Intake services.
The chief court counselor, under the direction of the Department, shall establish intake services in each judicial district of the State for all delinquency and undisciplined cases.
The purpose of intake services shall be to determine from
available evidence whether there are reasonable grounds to believe the facts alleged
are true, to determine whether the facts alleged constitute a delinquent or
undisciplined offense within the jurisdiction of the court, to determine
whether the facts alleged are sufficiently serious to warrant court action, and
to obtain assistance from community resources when court referral is not
necessary. The intake juvenile court counselor shall not engage
in field investigations to substantiate complaints or to produce supplementary
evidence but may refer complainants to law enforcement agencies for those
purposes."
SECTION 2.4. G.S. 7B-1701 reads as rewritten:
"§ 7B-1701. Preliminary inquiry.
When a complaint is received, the intake juvenile
court counselor shall make a preliminary determination as to whether the
juvenile is within the jurisdiction of the court as a delinquent or
undisciplined juvenile. If the intake juvenile court counselor
finds that the facts contained in the complaint do not state a case within the
jurisdiction of the court, that legal sufficiency has not been established, or
that the matters alleged are frivolous, the intake juvenile court counselor,
without further inquiry, shall refuse authorization to file the complaint as a
petition.
When requested by the intake juvenile court counselor,
the prosecutor shall assist in determining the sufficiency of evidence as it
affects the quantum of proof and the elements of offenses.
The intake juvenile court counselor, without
further inquiry, shall authorize the complaint to be filed as a petition if the
intake juvenile court counselor finds reasonable grounds to
believe that the juvenile has committed one of the following nondivertible
offenses:
(1) Murder;
(2) First-degree rape or second degree rape;
(3) First-degree sexual offense or second degree sexual offense;
(4) Arson;
(5) Any violation of Article 5, Chapter 90 of the General Statutes that would constitute a felony if committed by an adult;
(6) First degree burglary;
(7) Crime against nature; or
(8) Any felony which involves the willful infliction of serious bodily injury upon another or which was committed by use of a deadly weapon."
SECTION 2.5. G.S. 7B-1702 reads as rewritten:
"§ 7B-1702. Evaluation.
Upon a finding of legal sufficiency, except in cases
involving nondivertible offenses set out in G.S. 7B-1701, the intake juvenile
court counselor shall determine whether a complaint should be filed as a
petition, the juvenile diverted pursuant to G.S. 7B-1706, or the case resolved
without further action. In making the decision, the counselor shall consider
criteria provided by the Department. The intake process shall include the
following steps if practicable:
(1) Interviews with the complainant and the victim if someone other than the complainant;
(2) Interviews with the juvenile and the juvenile's parent, guardian, or custodian;
(3) Interviews with persons known to have relevant information about the juvenile or the juvenile's family.
Interviews required by this section shall be conducted in person unless it is necessary to conduct them by telephone."
SECTION 2.6. G.S. 7B-1703 reads as rewritten:
"§ 7B-1703. Evaluation decision.
(a) The intake juvenile
court counselor shall complete evaluation of a complaint within 15 days of
receipt of the complaint, with an extension for a maximum of 15 additional days
at the discretion of the chief court counselor. The intake juvenile
court counselor shall decide within this time period whether a complaint
shall be filed as a juvenile petition.
(b) Except as provided in
G.S. 7B-1706, if the intake juvenile court counselor determines
that a complaint should be filed as a petition, the counselor shall file the
petition as soon as practicable, but in any event within 15 days after the
complaint is received, with an extension for a maximum of 15 additional days at
the discretion of the chief court counselor. The intake juvenile
court counselor shall assist the complainant when necessary with the
preparation and filing of the petition, shall include on it the date and the
words "Approved for Filing", shall sign it, and shall transmit it to
the clerk of superior court.
(c) If the intake juvenile
court counselor determines that a petition should not be filed, the intake
juvenile court counselor shall notify the complainant immediately in
writing with reasons for the decision and shall include notice of the
complainant's right to have the decision reviewed by the prosecutor. The intake
juvenile court counselor shall sign the complaint after indicating
on it:
(1) The date of the determination;
(2) The words "Not Approved for Filing"; and
(3) Whether the matter is "Closed" or "Diverted and Retained".
Except as provided in G.S. 7B-1706, any complaint not
approved for filing as a juvenile petition shall be destroyed by the intake juvenile
court counselor after holding the complaint for a temporary period to allow
review as provided in G.S. 7B-1705."
SECTION 2.7. G.S. 7B-1704 reads as rewritten:
"§ 7B-1704. Request for review by prosecutor.
The complainant has five calendar days, from receipt of the intake
juvenile court counselor's decision not to approve the filing of a
petition, to request review by the prosecutor. The intake juvenile
court counselor shall notify the prosecutor immediately of such request and
shall transmit to the prosecutor a copy of the complaint. The prosecutor shall
notify the complainant and the intake juvenile court counselor of
the time and place for the review."
SECTION 2.8. G.S. 7B-1705 reads as rewritten:
"§ 7B-1705. Review of determination that petition should not be filed.
No later than 20 days after the complainant is notified, the
prosecutor shall review the intake juvenile court counselor's
determination that a juvenile petition should not be filed. Review shall
include conferences with the complainant and the intake juvenile
court counselor. At the conclusion of the review, the prosecutor shall: (i)
affirm the decision of the intake juvenile court counselor or
direct the filing of a petition and (ii) notify the complainant of the
prosecutor's action."
SECTION 2.9. G.S. 7B-1706 reads as rewritten:
"§ 7B-1706. Diversion plans and referral.
(a) Unless the offense is
one in which a petition is required by G.S. 7B-1701, upon a finding of legal
sufficiency the intake juvenile court counselor may divert the
juvenile pursuant to a diversion plan, which may include referring the juvenile
to any of the following resources:
(1) An appropriate public or private resource;
(2) Restitution;
(3) Community service;
(4) Victim-offender mediation;
(5) Regimented physical training;
(6) Counseling;
(7) A teen court program, as set forth in subsection (c) of this section.
As part of a diversion plan, the intake juvenile
court counselor may enter into a diversion contract with the juvenile and
the juvenile's parent, guardian, or custodian.
(b) Unless the offense is
one in which a petition is required by G.S. 7B-1701, upon a finding of legal
sufficiency the intake juvenile court counselor may enter into a
diversion contract with the juvenile and the parent, guardian, or custodian;
provided, a diversion contract requires the consent of the juvenile and the
juvenile's parent, guardian, or custodian. A diversion contract shall:
(1) State conditions by which the juvenile agrees to abide and any actions the juvenile agrees to take;
(2) State conditions by which the parent, guardian, or custodian agrees to abide and any actions the parent, guardian, or custodian agrees to take;
(3) Describe the role of the juvenile court counselor in relation to the juvenile and the parent, guardian, or custodian;
(4) Specify the length of the contract, which shall not exceed six months;
(5) Indicate that all parties understand and agree that:
a. The juvenile's violation of the contract may result in the filing of the complaint as a petition; and
b. The juvenile's successful completion of the contract shall preclude the filing of a petition.
After a diversion contract is signed by the parties, the intake
juvenile court counselor shall provide copies of the contract to the
juvenile and the juvenile's parent, guardian, or custodian. The intake juvenile
court counselor shall notify any agency or other resource from which the
juvenile or the juvenile's parent, guardian, or custodian will be seeking
services or treatment pursuant to the terms of the contract. At any time during
the term of the contract if the juvenile court counselor determines that
the juvenile has failed to comply substantially with the terms of the contract,
the juvenile court counselor may file the complaint as a petition.
Unless the juvenile court counselor has filed the complaint as a petition,
the intake juvenile court counselor shall close the juvenile's
file in regard to the diverted matter within six months after the date of the
contract.
(c) If a teen court
program has been established in the district, the intake juvenile
court counselor, upon a finding of legal sufficiency, may refer to a teen
court program, any case in which a juvenile has allegedly committed an offense
that would be an infraction or misdemeanor if committed by an adult. However,
the intake juvenile court counselor shall not refer a case to a
teen court program (i) if the juvenile has been referred to a teen court
program previously, or (ii) if the juvenile is alleged to have committed any of
the following offenses:
(1) Driving while impaired under G.S. 20-138.1, 20-138.2, 20-138.3, 20-138.5, or 20-138.7, or any other motor vehicle violation;
(2) A Class A1 misdemeanor;
(3) An assault in which a weapon is used; or
(4) A controlled substance offense under Article 5 of Chapter 90 of the General Statutes, other than simple possession of a Schedule VI drug or alcohol.
(d) The intake juvenile
court counselor shall maintain diversion plans and contracts entered into
pursuant to this section to allow intake juvenile court counselors
to determine when a juvenile has had a complaint diverted previously. Diversion
plans and contracts are not public records under Chapter 132 of the General
Statutes, shall not be included in the clerk's record pursuant to G.S. 7B-3000,
and shall be withheld from public inspection or examination. Diversion plans
and contracts shall be destroyed when the juvenile reaches the age of 18 years
or when the juvenile is no longer under the jurisdiction of the court,
whichever is longer.
(e) No later than 60 days
after the intake juvenile court counselor diverts a juvenile, the
intake juvenile court counselor shall determine whether the
juvenile and the juvenile's parent, guardian, or custodian have complied with
the terms of the diversion plan or contract. In making this determination, the intake
juvenile court counselor shall contact any referral resources to
determine whether the juvenile and the juvenile's parent, guardian, or
custodian complied with any recommendations for treatment or services made by
the resource. If the juvenile and the juvenile's parent, guardian, or custodian
have not complied, the intake juvenile court counselor shall
reconsider the decision to divert and may authorize the filing of the complaint
as a petition within 10 days after making the determination. If the intake juvenile
court counselor does not file a petition, the intake juvenile
court counselor may continue to monitor the case for up to six months from
the date of the diversion plan or contract. At any point during that time period
if the juvenile and the juvenile's parent, guardian, or custodian fail to
comply, the intake juvenile court counselor shall reconsider the
decision to divert and may authorize the filing of the complaint as a petition.
After six months, the intake juvenile court counselor shall close
the diversion plan or contract file."
SECTION 2.10. G.S. 7B-1802 reads as rewritten:
"§ 7B-1802. Petition.
The petition shall contain the name, date of birth, and address of the juvenile and the name and last known address of the juvenile's parent, guardian, or custodian. The petition shall allege the facts that invoke jurisdiction over the juvenile. The petition shall not contain information on more than one juvenile.
A petition in which delinquency is alleged shall contain a plain and concise statement, without allegations of an evidentiary nature, asserting facts supporting every element of a criminal offense and the juvenile's commission thereof with sufficient precision clearly to apprise the juvenile of the conduct which is the subject of the allegation.
Sufficient copies of the petition shall be prepared so that copies will be available for the juvenile, for each parent if living separate and apart, for the guardian or custodian if any, for the juvenile court counselor, for the prosecutor, and for any person determined by the court to be a necessary party."
SECTION 2.11. G.S. 7B-1803 reads as rewritten:
"§ 7B-1803. Receipt of complaints; filing of petition.
(a) All complaints concerning
a juvenile alleged to be delinquent or undisciplined shall be referred to the intake
juvenile court counselor for screening and evaluation. Thereafter,
if the intake juvenile court counselor determines that a petition
should be filed, the petition shall be drawn by the intake juvenile
court counselor or the clerk, signed by the complainant, and verified
before an official authorized to administer oaths. If the circumstances
indicate a need for immediate attachment of jurisdiction and if the intake juvenile
court counselor is out of the county or otherwise unavailable to receive a
complaint and to draw a petition when it is needed, the clerk shall assist the
complainant in communicating the complaint to the intake juvenile
court counselor by telephone and, with the approval of the intake juvenile
court counselor, shall draw a petition and file it when signed and
verified. A copy of the complaint and petition shall be transmitted to the intake
juvenile court counselor. Procedures for receiving delinquency and
undisciplined complaints and drawing petitions thereon, consistent with this
Article and Article 17 of this Chapter, shall be established by administrative
order of the chief judge in each judicial district.
(b) If review is
requested pursuant to G.S. 7B-1704, the prosecutor shall review a complaint and
any decision of the intake juvenile court counselor not to
authorize that the complaint be filed as a petition. If the prosecutor, after
review, authorizes a complaint to be filed as a petition, the prosecutor shall
prepare the complaint to be filed by the clerk as a petition, recording the day
of filing."
SECTION 2.12. G.S. 7B-1804(b) reads as rewritten:
"(b) When the office of
the clerk is closed and an intake the juvenile court counselor
requests a petition alleging a juvenile to be delinquent or undisciplined, a
magistrate may draw and verify the petition and accept it for filing, which
acceptance shall constitute filing. The magistrate's authority under this
subsection is limited to emergency situations when a petition is required in
order to obtain a secure or nonsecure custody order. Any petition accepted for
filing under this subsection shall be delivered to the clerk's office for
processing as soon as that office is open for business."
SECTION 2.13. G.S. 7B-1900 reads as rewritten:
"§ 7B-1900. Taking a juvenile into temporary custody.
Temporary custody means the taking of physical custody and providing personal care and supervision until a court order for secure or nonsecure custody can be obtained. A juvenile may be taken into temporary custody without a court order under the following circumstances:
(1) By a law enforcement officer if grounds exist for the arrest of an adult in identical circumstances under G.S. 15A-401(b).
(2) By a law enforcement officer or a juvenile court counselor if there are reasonable grounds to believe that the juvenile is an undisciplined juvenile.
(3) By a law enforcement officer, by a juvenile court counselor, by a member of the Black Mountain Center, Alcohol Rehabilitation Center, and Juvenile Evaluation Center Joint Security Force established pursuant to G.S. 122C-421, or by personnel of the Department if there are reasonable grounds to believe the juvenile is an absconder from any residential facility operated by the Department or from an approved detention facility."
SECTION 2.14. G.S. 7B-1901(a) reads as rewritten:
"(a) A person who takes a juvenile into custody without a court order under G.S. 7B-1900(1) or (2) shall proceed as follows:
(1) Notify the juvenile's parent, guardian, or custodian that the juvenile has been taken into temporary custody and advise the parent, guardian, or custodian of the right to be present with the juvenile until a determination is made as to the need for secure or nonsecure custody. Failure to notify the parent, guardian, or custodian that the juvenile is in custody shall not be grounds for release of the juvenile.
(2) Release the juvenile to the juvenile's parent, guardian, or custodian if the person having the juvenile in temporary custody decides that continued custody is unnecessary. In the case of a juvenile unlawfully absent from school, if continued custody is unnecessary, the person having temporary custody may deliver the juvenile to the juvenile's school or, if the local city or county government and the local school board adopt a policy, to a place in the local school administrative unit.
(3) If the juvenile is not
released, request that a petition be drawn pursuant to G.S. 7B-1803 or G.S. 7B-1804.
Once the petition has been drawn and verified, the person shall communicate
with the intake juvenile court counselor. If the intake juvenile
court counselor approves the filing of the petition, the intake juvenile
court counselor shall contact the judge or the person delegated authority
pursuant to G.S. 7B-1902 if other than the intake juvenile court counselor,
for a determination of the need for continued custody."
SECTION 2.15. G.S. 7B-1905(c) reads as rewritten:
"(c) A juvenile who has allegedly committed an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult may be detained in secure custody in a holdover facility up to 72 hours, if the court, based on information provided by the juvenile court counselor, determines that no acceptable alternative placement is available and the protection of the public requires the juvenile be housed in a holdover facility."
SECTION 2.16. G.S. 7B-2102(e) reads as rewritten:
"(e) If a juvenile is fingerprinted and photographed pursuant to subsection (a) of this section, the custodian of records shall destroy all fingerprints and photographs at the earlier of the following:
(1) The intake juvenile
court counselor or prosecutor does not file a petition against the juvenile
within one year of fingerprinting and photographing the juvenile pursuant to
subsection (a) of this section;
(2) The court does not find probable cause pursuant to G.S. 7B-2202; or
(3) The juvenile is not adjudicated delinquent of any offense that would be a felony or a misdemeanor if committed by an adult.
The chief court counselor shall notify the local custodian of records, and the local custodian of records shall notify any other record-holding agencies, when a decision is made not to file a petition, the court does not find probable cause, or the court does not adjudicate the juvenile delinquent."
SECTION 2.17. G.S. 7B-2408 reads as rewritten:
"§ 7B-2408. Rules of evidence.
If the juvenile denies the allegations of the petition, the
court shall proceed in accordance with the rules of evidence applicable to
criminal cases. In addition, no statement made by a juvenile to the intake juvenile
court counselor during the preliminary inquiry and evaluation process shall
be admissible prior to the dispositional hearing."
SECTION 2.18. G.S. 7B-2413 reads as rewritten:
"§ 7B-2413. Predisposition investigation and report.
The court shall proceed to the dispositional hearing upon receipt of the predisposition report. A risk and needs assessment, containing information regarding the juvenile's social, medical, psychiatric, psychological, and educational history, as well as any factors indicating the probability of the juvenile committing further delinquent acts, shall be conducted for the juvenile and shall be attached to the predisposition report. In cases where no predisposition report is available and the court makes a written finding that a report is not needed, the court may proceed with the dispositional hearing. No predisposition report or risk and needs assessment of any child alleged to be delinquent or undisciplined shall be made prior to an adjudication that the juvenile is within the juvenile jurisdiction of the court unless the juvenile, the juvenile's parent, guardian, or custodian, or the juvenile's attorney files a written statement with the juvenile court counselor granting permission and giving consent to the predisposition report or risk and needs assessment. No predisposition report shall be submitted to or considered by the court prior to the completion of the adjudicatory hearing. The court shall permit the juvenile to inspect any predisposition report, including any attached risk and needs assessment, to be considered by the court in making the disposition unless the court determines that disclosure would seriously harm the juvenile's treatment or rehabilitation or would violate a promise of confidentiality. Opportunity to offer evidence in rebuttal shall be afforded the juvenile and the juvenile's parent, guardian, or custodian at the dispositional hearing. The court may order counsel not to disclose parts of the report to the juvenile or the juvenile's parent, guardian, or custodian if the court finds that disclosure would seriously harm the treatment or rehabilitation of the juvenile or would violate a promise of confidentiality given to a source of information."
SECTION 2.19. G.S. 7B-2503 reads as rewritten:
"§ 7B-2503. Dispositional alternatives for undisciplined juveniles.
The following alternatives for disposition shall be available to the court exercising jurisdiction over a juvenile who has been adjudicated undisciplined. The court may combine any of the applicable alternatives when the court finds it to be in the best interests of the juvenile:
(1) In the case of any juvenile who needs more adequate care or supervision or who needs placement, the judge may:
a. Require that the juvenile be supervised in the juvenile's own home by a department of social services in the juvenile's county of residence, a juvenile court counselor, or other personnel as may be available to the court, subject to conditions applicable to the parent, guardian, or custodian or the juvenile as the judge may specify; or
b. Place the juvenile in the custody of a parent, guardian, custodian, relative, private agency offering placement services, or some other suitable person; or
c. Place the juvenile in the custody of a department of social services in the county of the juvenile's residence, or in the case of a juvenile who has legal residence outside the State, in the physical custody of a department of social services in the county where the juvenile is found so that agency may return the juvenile to the responsible authorities in the juvenile's home state. The director may, unless otherwise ordered by the judge, arrange for, provide, or consent to, needed routine or emergency medical or surgical care or treatment. In the case where the parent is unknown, unavailable, or unable to act on behalf of the juvenile or juveniles, the director may, unless otherwise ordered by the judge, arrange for, provide or consent to any psychiatric, psychological, educational, or other remedial evaluations or treatment for the juvenile placed by a judge or the judge's designee in the custody or physical custody of a county department of social services under the authority of this or any other Chapter of the General Statutes. Prior to exercising this authority, the director shall make reasonable efforts to obtain consent from a parent, guardian, or custodian of the affected juvenile. If the director cannot obtain consent, the director shall promptly notify the parent, guardian, or custodian that care or treatment has been provided and shall give the parent, guardian, or custodian frequent status reports on the circumstances of the juvenile. Upon request of a parent, guardian, or custodian of the affected juvenile, the results or records of the aforementioned evaluations, findings, or treatment shall be made available to the parent, guardian, or custodian by the director unless prohibited by G.S. 122C-53(d).
(2) Place the juvenile under the protective supervision of a juvenile court counselor for a period of up to three months, with an extension of an additional three months in the discretion of the court.
(3) Excuse the juvenile from compliance with the compulsory school attendance law when the court finds that suitable alternative plans can be arranged by the family through other community resources for one of the following:
a. An education related to the needs or abilities of the juvenile including vocational education or special education;
b. A suitable plan of supervision or placement; or
c. Some other plan that the court finds to be in the best interests of the juvenile."
SECTION 2.20. G.S. 7B-2504 reads as rewritten:
"§ 7B-2504. Conditions of protective supervision for undisciplined juveniles.
The court may place a juvenile on protective supervision pursuant to G.S. 7B-2503 so that the juvenile court counselor may (i) assist the juvenile in securing social, medical, and educational services and (ii) visit and work with the family as a unit to ensure the juvenile is provided proper supervision and care. The court may impose any combination of the following conditions of protective supervision that are related to the needs of the juvenile, including:
(1) That the juvenile shall remain on good behavior and not violate any laws;
(2) That the juvenile attend school regularly;
(3) That the juvenile maintain passing grades in up to four courses during each grading period and meet with the juvenile court counselor and a representative of the school to make a plan for how to maintain those passing grades;
(4) That the juvenile not associate with specified persons or be in specified places;
(5) That the juvenile abide by a prescribed curfew;
(6) That the juvenile report to a juvenile court counselor as often as required by a juvenile court counselor;
(7) That the juvenile be employed regularly if not attending school; and
(8) That the juvenile satisfy any other conditions determined appropriate by the court."
SECTION 2.21. G.S. 7B-2505 reads as rewritten:
"§ 7B-2505. Contempt of court for undisciplined juveniles.
Upon motion of the juvenile court counselor or on the court's own motion, the court may issue an order directing a juvenile who has been adjudicated undisciplined to appear and show cause why the juvenile should not be held in contempt for willfully failing to comply with an order of the court. The first time the juvenile is held in contempt, the court may order the juvenile confined in an approved detention facility for a period not to exceed 24 hours. The second time the juvenile is held in contempt, the court may order the juvenile confined in an approved detention facility for a period not to exceed three days. The third time and all subsequent times the juvenile is held in contempt, the court may order the juvenile confined in an approved detention facility for a period not to exceed five days. The timing of any confinement under this section shall be determined by the court in its discretion. In no event shall a juvenile held in contempt pursuant to this section be confined for more than 14 days in one 12-month period."
SECTION 2.22. G.S. 7B-2506 reads as rewritten:
"§ 7B-2506. Dispositional alternatives for delinquent juveniles.
The court exercising jurisdiction over a juvenile who has been adjudicated delinquent may use the following alternatives in accordance with the dispositional structure set forth in G.S. 7B-2508:
(1) In the case of any juvenile who needs more adequate care or supervision or who needs placement, the judge may:
a. Require that a juvenile be supervised in the juvenile's own home by the department of social services in the juvenile's county, a juvenile court counselor, or other personnel as may be available to the court, subject to conditions applicable to the parent, guardian, or custodian or the juvenile as the judge may specify; or
b. Place the juvenile in the custody of a parent, guardian, custodian, relative, private agency offering placement services, or some other suitable person; or
c. Place the juvenile in the custody of the department of social services in the county of his residence, or in the case of a juvenile who has legal residence outside the State, in the physical custody of a department of social services in the county where the juvenile is found so that agency may return the juvenile to the responsible authorities in the juvenile's home state. The director may, unless otherwise ordered by the judge, arrange for, provide, or consent to, needed routine or emergency medical or surgical care or treatment. In the case where the parent is unknown, unavailable, or unable to act on behalf of the juvenile or juveniles, the director may, unless otherwise ordered by the judge, arrange for, provide, or consent to any psychiatric, psychological, educational, or other remedial evaluations or treatment for the juvenile placed by a judge or his designee in the custody or physical custody of a county department of social services under the authority of this or any other Chapter of the General Statutes. Prior to exercising this authority, the director shall make reasonable efforts to obtain consent from a parent, guardian, or custodian of the affected juvenile. If the director cannot obtain consent, the director shall promptly notify the parent, guardian, or custodian that care or treatment has been provided and shall give the parent, guardian, or custodian frequent status reports on the circumstances of the juvenile. Upon request of a parent, guardian, or custodian of the affected juvenile, the results or records of the aforementioned evaluations, findings, or treatment shall be made available to the parent, guardian, or custodian by the director unless prohibited by G.S. 122C-53(d).
…
(8) Place the juvenile on probation under the supervision of a juvenile court counselor, as specified in G.S. 7B-2510.
…
(15) Place the juvenile on intensive probation under the supervision of a juvenile court counselor.
…."
SECTION 2.23. G.S. 7B-2510(a) reads as rewritten:
"(a) In any case where a juvenile is placed on probation pursuant to G.S. 7B-2506(8), the juvenile court counselor shall have the authority to visit the juvenile where the juvenile resides. The court may impose conditions of probation that are related to the needs of the juvenile and that are reasonably necessary to ensure that the juvenile will lead a law-abiding life, including:
(1) That the juvenile shall remain on good behavior.
(2) That the juvenile shall not violate any laws.
(3) That the juvenile shall not violate any reasonable and lawful rules of a parent, guardian, or custodian.
(4) That the juvenile attend school regularly.
(5) That the juvenile maintain passing grades in up to four courses during each grading period and meet with the juvenile court counselor and a representative of the school to make a plan for how to maintain those passing grades.
(6) That the juvenile not associate with specified persons or be in specified places.
(7) That the juvenile:
a. Refrain from use or possession of any controlled substance included in any schedule of Article 5 of Chapter 90 of the General Statutes, the Controlled Substances Act;
b. Refrain from use or possession of any alcoholic beverage regulated under Chapter 18B of the General Statutes; and
c. Submit to random drug testing.
(8) That the juvenile abide by a prescribed curfew.
(9) That the juvenile submit to a warrantless search at reasonable times.
(10) That the juvenile possess no firearm, explosive device, or other deadly weapon.
(11) That the juvenile report to a juvenile court counselor as often as required by the juvenile court counselor.
(12) That the juvenile make specified financial restitution or pay a fine in accordance with G.S. 7B-2506(4), (5), and (22).
(13) That the juvenile be employed regularly if not attending school.
(14) That the juvenile satisfy any other conditions determined appropriate by the court."
SECTION 2.24. G.S. 7B-2510(d) reads as rewritten:
"(d) On motion of the juvenile court counselor or the juvenile, or on the court's own motion, the court may review the progress of any juvenile on probation at any time during the period of probation or at the end of probation. The conditions or duration of probation may be modified only as provided in this Subchapter and only after notice and a hearing."
SECTION 2.25. G.S. 7B-2511 reads as rewritten:
§ 7B-2511. Termination of probation.
At the end of or at any time during probation, the court may terminate probation by written order upon finding that there is no further need for supervision. The finding and order terminating probation may be entered in chambers in the absence of the juvenile and may be based on a report from the juvenile court counselor or, at the election of the court, the order may be entered with the juvenile present after notice and a hearing."
SECTION 2.26. G.S. 7B-2513(h) reads as rewritten:
"(h) Pending placement of a juvenile with the Department, the court may house a juvenile who has been adjudicated delinquent for an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult in a holdover facility up to 72 hours if the court, based on the information provided by the juvenile court counselor, determines that no acceptable alternative placement is available and the protection of the public requires that the juvenile be housed in a holdover facility."
SECTION 2.27. G.S. 7B-2514(a) reads as rewritten:
"(a) The Department shall be responsible for evaluation of the progress of each juvenile at least once every six months as long as the juvenile remains in the care of the Department. Any determination that the juvenile should remain in the care of the Department for an additional period of time shall be based on the Department's determination that the juvenile requires additional treatment or rehabilitation pursuant to G.S. 7B-2515. If the Department determines that a juvenile is ready for release, the Department shall initiate a post-release supervision planning process. The post-release supervision planning process shall be defined by rules and regulations of the Department, but shall include the following:
(1) Written notification shall be given to the court that ordered commitment.
(2) A post-release supervision planning conference shall be held involving as many as possible of the following: the juvenile, the juvenile's parent, guardian, or custodian, juvenile court counselors who have supervised the juvenile on probation or will supervise the juvenile on post-release supervision, and staff of the facility that found the juvenile ready for release. The planning conference shall include personal contact and evaluation rather than telephonic notification.
(3) The planning conference participants shall consider, based on the individual needs of the juvenile and pursuant to rules adopted by the Department, placement of the juvenile in any program under the auspices of the Department, including the juvenile court services programs that, in the judgment of the Department, would be appropriate transitional placement, pending release under G.S. 7B-2513."
SECTION 2.28. G.S. 7B-2514(g) reads as rewritten:
"(g) A juvenile on post-release supervision shall be supervised by a juvenile court counselor. Post-release supervision shall be terminated by order of the court."
SECTION 2.29. G.S. 7B-2516 reads as rewritten:
"(a) On motion of the juvenile court counselor providing post-release supervision or motion of the juvenile, or on the court's own motion, and after notice, the court may hold a hearing to review the progress of any juvenile on post-release supervision at any time during the period of post-release supervision. With respect to any hearing involving allegations that the juvenile has violated the terms of post-release supervision, the juvenile:
(1) Shall have reasonable notice in writing of the nature and content of the allegations in the motion, including notice that the purpose of the hearing is to determine whether the juvenile has violated the terms of post-release supervision to the extent that post-release supervision should be revoked;
(2) Shall be represented by an attorney at the hearing;
(3) Shall have the right to confront and cross-examine witnesses; and
(4) May admit, deny, or explain the violation alleged and may present proof, including affidavits or other evidence, in support of the juvenile's contentions. A record of the proceeding shall be made and preserved in the juvenile's record."
SECTION 2.30. G.S. 7B-2703(a) reads as rewritten:
"(a) The court may order the parent, guardian, or custodian, to the extent that person is able to do so, to provide transportation for a juvenile to keep an appointment with a juvenile court counselor or to comply with other orders of the court."
SECTION 2.31. G.S. 7B-2706 reads as rewritten:
"§ 7B-2706. Contempt for failure to comply.
Upon motion of the juvenile court counselor or prosecutor or upon the court's own motion, the court may issue an order directing the parent, guardian, or custodian to appear and show cause why the parent, guardian, or custodian should not be found or held in civil or criminal contempt for willfully failing to comply with an order of the court. Chapter 5A of the General Statutes shall govern contempt proceedings initiated pursuant to this Article."
SECTION 2.32. G.S. 7B-3001 reads as rewritten:
"§ 7B-3001. Other records relating to juveniles.
(a) The chief court counselor shall maintain a record of all cases of juveniles under supervision of juvenile court counselors, to be known as the juvenile court counselor's record. The juvenile court counselor's record shall include family background information; reports of social, medical, psychiatric, or psychological information concerning a juvenile or the juvenile's family; probation reports; interviews with the juvenile's family; or other information the court finds should be protected from public inspection in the best interests of the juvenile.
(b) Unless jurisdiction of the juvenile has been transferred to superior court, all law enforcement records and files concerning a juvenile shall be kept separate from the records and files of adults and shall be withheld from public inspection. The following persons may examine and obtain copies of law enforcement records and files concerning a juvenile without an order of the court:
(1) The juvenile;
(2) The juvenile's parent, guardian, custodian, or the authorized representative of the juvenile's parent, guardian, or custodian;
(3) The district attorney or prosecutor;
(4) Court Juvenile
court counselors; and
(5) Law enforcement officers sworn in this State.
Otherwise, the records and files may be examined or copied only by order of the court.
(c) All records and files maintained by the Department pursuant to this Chapter shall be withheld from public inspection. The following persons may examine and obtain copies of the Department records and files concerning a juvenile without an order of the court:
(1) The juvenile and the juvenile's attorney;
(2) The juvenile's parent, guardian, custodian, or the authorized representative of the juvenile's parent, guardian, or custodian;
(3) Professionals in the agency who are directly involved in the juvenile's case; and
(4) Court Juvenile
court counselors.
Otherwise, the records and files may be examined or copied only by order of the court. The court may inspect and order the release of records maintained by the Department."
SECTION 2.33. G.S. 7B-3200(f) reads as rewritten:
"(f) Records of a juvenile adjudicated delinquent or undisciplined being maintained by the chief court counselor, an intake counselor, or a juvenile court counselor shall be retained or disposed of as provided by the Department, except that no records shall be destroyed before the juvenile reaches the age of 18 or 18 months have elapsed since the person was released from juvenile court jurisdiction, whichever occurs last."
SECTION 2.34. G.S. 7B-3503 reads as rewritten:
"§ 7B-3503. Hearing.
The court, sitting without a jury, shall permit all parties to present evidence and to cross-examine witnesses. The petitioner has the burden of showing by a preponderance of the evidence that emancipation is in the petitioner's best interests. Upon finding that reasonable cause exists, the court may order the juvenile to be examined by a psychiatrist, a licensed clinical psychologist, a physician, or any other expert to evaluate the juvenile's mental or physical condition. The court may continue the hearing and order investigation by a juvenile court counselor or by the county department of social services to substantiate allegations of the petitioner or respondents.
No husband-wife or physician-patient privilege shall be grounds for excluding any evidence in the hearing."
SECTION 2.35. G.S. 14-16.10 reads as rewritten:
"§ 14-16.10. Definitions.
The following definitions apply in this Article:
(1) Court officer. -
Magistrate, clerk of superior court, acting clerk, assistant or deputy clerk,
judge, or justice of the General Court of Justice; district attorney, assistant
district attorney, or any other attorney designated by the district attorney to
act for the State or on behalf of the district attorney; public defender or
assistant defender; court reporter; juvenile court counselor as defined
in G.S. 7B-1501(5).G.S. 7B-1501(18a).
(2) Executive officer. - A person named in G.S. 147-3(c).
(3) Legislative officer. - A person named in G.S. 147-2(1), (2), or (3)."
SECTION 2.36. G.S. 14-208.27 reads as rewritten:
"§ 14-208.27. Change of address.
If a juvenile who is adjudicated delinquent and required to register changes address, the juvenile court counselor for the juvenile shall provide written notice of the new address not later than the tenth day after the change to the sheriff of the county with whom the juvenile had last registered. Upon receipt of the notice, the sheriff shall immediately forward this information to the Division. If the juvenile moves to another county in this State, the Division shall inform the sheriff of the new county of the juvenile's new residence."
SECTION 2.37. G.S. 14-208.28 reads as rewritten:
"§ 14-208.28. Verification of registration information.
The information provided to the sheriff shall be verified annually for each juvenile registrant as follows:
(1) Every year on the anniversary of a juvenile's initial registration date, the sheriff shall mail a verification form to the juvenile court counselor assigned to the juvenile.
(2) The juvenile court counselor for the juvenile shall return the verification form to the sheriff within 10 days after the receipt of the form.
(3) The verification form shall be signed by the juvenile court counselor and the juvenile and shall indicate whether the juvenile still resides at the address last reported to the sheriff. If the juvenile has a different address, then that fact and the new address shall be indicated on the form."
SECTION 2.38. G.S. 115C-378 reads as rewritten:
"§ 115C-378. Children required to attend.
Every parent, guardian or other person in this State having charge or control of a child between the ages of seven and 16 years shall cause such child to attend school continuously for a period equal to the time which the public school to which the child is assigned shall be in session. Every parent, guardian, or other person in this State having charge or control of a child under age seven who is enrolled in a public school in grades kindergarten through two shall also cause such child to attend school continuously for a period equal to the time which the public school to which the child is assigned shall be in session unless the child has withdrawn from school. No person shall encourage, entice or counsel any such child to be unlawfully absent from school. The parent, guardian, or custodian of a child shall notify the school of the reason for each known absence of the child, in accordance with local school policy.
The principal, superintendent, or teacher who is in charge of such school shall have the right to excuse a child temporarily from attendance on account of sickness or other unavoidable cause which does not constitute unlawful absence as defined by the State Board of Education. The term "school" as used herein is defined to embrace all public schools and such nonpublic schools as have teachers and curricula that are approved by the State Board of Education.
All nonpublic schools receiving and instructing children of a compulsory school age shall be required to keep such records of attendance and render such reports of the attendance of such children and maintain such minimum curriculum standards as are required of public schools; and attendance upon such schools, if the school refuses or neglects to keep such records or to render such reports, shall not be accepted in lieu of attendance upon the public school of the district to which the child shall be assigned: Provided, that instruction in a nonpublic school shall not be regarded as meeting the requirements of the law unless the courses of instruction run concurrently with the term of the public school in the district and extend for at least as long a term.
The principal or his designee shall notify the parent, guardian, or custodian of his child's excessive absences after the child has accumulated three unexcused absences in a school year. After not more than six unexcused absences, the principal shall notify the parent, guardian, or custodian by mail that he may be in violation of the Compulsory Attendance Law and may be prosecuted if the absences cannot be justified under the established attendance policies of the State and local boards of education. Once the parents are notified, the school attendance counselor shall work with the child and his family to analyze the causes of the absences and determine steps, including adjustment of the school program or obtaining supplemental services, to eliminate the problem. The attendance counselor may request that a law-enforcement officer accompany him if he believes that a home visit is necessary.
After 10 accumulated unexcused absences in a school year the
principal shall review any report or investigation prepared under G.S. 115C-381
and shall confer with the student and his parent, guardian, or custodian if
possible to determine whether the parent, guardian, or custodian has received
notification pursuant to this section and made a good faith effort to comply
with the law. If the principal determines that parent, guardian, or custodian
has not, he shall notify the district attorney. If he determines that parent,
guardian, or custodian has, he may file a complaint with the juvenile intake
court counselor pursuant to Chapter 7B of the General Statutes that
the child is habitually absent from school without a valid excuse. Evidence
that shows that the parents, guardian, or custodian were notified and that the
child has accumulated 10 absences which cannot be justified under the
established attendance policies of the local board shall establish a prima
facie case that the child's parent, guardian, or custodian is responsible for the
absences."
SECTION 2.39. G.S. 143B-515 reads as rewritten:
"§ 143B-515. Definitions.
In this Article, unless the context clearly requires otherwise, the following words have the listed meanings:
(1) Chief court counselor. - The person responsible for administration and supervision of juvenile intake, probation, and post-release supervision in each judicial district, operating under the supervision of the Department of Juvenile Justice and Delinquency Prevention.
(2) Community-based program. - A program providing nonresidential or residential treatment to a juvenile under the jurisdiction of the juvenile court in the community where the juvenile's family lives. A community-based program may include specialized foster care, family counseling, shelter care, and other appropriate treatment.
(3) County Councils. - Juvenile Crime Prevention Councils created under G.S. 143B-544.
(4) Court. - The district court division of the General Court of Justice.
(5) Court
counselor. - A person responsible for probation and post-release supervision to
juveniles under the supervision of the chief court counselor.
(6) Custodian. - The person or agency that has been awarded legal custody of a juvenile by a court.
(7) Delinquent juvenile. - Any juvenile who, while less than 16 years of age but at least 6 years of age, commits a crime or infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws.
(8) Department. - The Department of Juvenile Justice and Delinquency Prevention.
(9) Detention. - The secure confinement of a juvenile under a court order.
(10) Detention facility. - A facility approved to provide secure confinement and care for juveniles. Detention facilities include both State and locally administered detention homes, centers, and facilities.
(11) District. - Any district court district as established by G.S. 7A-133.
(12) Judge. - Any district court judge.
(13) Judicial district. - Any district court district as established by G.S. 7A-133.
(14) Juvenile. - Except as provided in subdivisions (7) and (22) of this section, any person who has not reached the person's eighteenth birthday and is not married, emancipated, or a member of the armed forces of the United States. Wherever the term "juvenile" is used with reference to rights and privileges, that term encompasses the attorney for the juvenile as well.
(15) Juvenile court. - Any district court exercising jurisdiction under this Chapter.
(15a) Juvenile court counselor. - A person responsible for intake services and court supervision services to juveniles under the supervision of the chief court counselor.
(16) Post-release supervision. - The supervision of a juvenile who has been returned to the community after having been committed to the Department for placement in a training school.
(17) Probation. - The status of a juvenile who has been adjudicated delinquent, is subject to specified conditions under the supervision of a juvenile court counselor, and may be returned to the court for violation of those conditions during the period of probation.
(18) Protective supervision. - The status of a juvenile who has been adjudicated undisciplined and is under the supervision of a juvenile court counselor.
(19) Secretary. - The Secretary of Juvenile Justice and Delinquency Prevention.
(20) State Council. - The State Advisory Council on Juvenile Justice and Delinquency Prevention established under G.S. 143B-556.
(21) Training school. - A secure residential facility authorized to provide long-term treatment, education, and rehabilitative services for delinquent juveniles committed by the court to the Department.
(22) Undisciplined juvenile. -
a. A juvenile who, while less than 16 years of age but at least 6 years of age, is unlawfully absent from school; or is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours; or
b. A juvenile who is 16 or 17 years of age and who is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours."
SECTION 2.40. G.S. 143B-516(b) is amended by adding the following new subdivision to read:
"(18) Designate persons, as necessary, as State juvenile justice officers, to provide for the care and supervision of juveniles placed in the physical custody of the Department."
SECTION 2.41. G.S. 143B-536 reads as rewritten:
"§ 143B-536. Duties and powers of juvenile court counselors.
As the court or the chief court counselor may direct or require, all juvenile court counselors shall have the following powers and duties:
(1) Secure or arrange for any information concerning a case that the court may require before, during, or after the hearing.
(2) Prepare written reports for the use of the court.
(3) Appear and testify at court hearings.
(4) Assume custody of a juvenile as authorized by G.S. 7B-1900, or when directed by court order.
(5) Furnish each juvenile on probation or protective supervision and that juvenile's parents, guardian, or custodian with a written statement of the juvenile's conditions of probation or protective supervision, and consult with the juvenile's parents, guardian, or custodian so that they may help the juvenile comply with the conditions.
(6) Keep informed concerning the conduct and progress of any juvenile on probation or under protective supervision through home visits or conferences with the parents or guardian and in other ways.
(7) See that the juvenile complies with the conditions of probation or bring to the attention of the court any juvenile who violates the juvenile's probation.
(8) Make periodic reports to the court concerning the adjustment of any juvenile on probation or under court supervision.
(9) Keep any records of the juvenile's work as the court may require.
(10) Account for all funds collected from juveniles.
(11) Serve necessary court documents pertaining to delinquent and undisciplined juvenile matters.
(12) Assume custody of juveniles under the jurisdiction of the court when necessary for the protection of the public or the juvenile, and when necessary to carry out the responsibilities of juvenile court counselors under this section and under Chapter 7B of the General Statutes.
(13) Use reasonable force and restraint necessary to secure custody assumed under subdivision (12) of this section.
(14) Provide supervision for a juvenile transferred to the counselor's supervision from another court or another state, and provide supervision for any juvenile released from an institution operated by the Department when requested by the Department to do so.
(15) Assist in the development of post-release supervision and the supervision of juveniles.
(16) Screen and evaluate a complaint alleging that a juvenile is delinquent or undisciplined to determine whether the complaint should be filed as a petition.
(17) Have any other duties as the court may direct.
(18) Have any other duties as the Department may direct."
PART III. effective date
SECTION 3.1. This act becomes effective June 30, 2001.
In the General Assembly read three times and ratified this the 6th day of December, 2001.
s/ Frank W. Ballance, Jr.
Deputy President Pro Tempore of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 7:19 p.m. this 19th day of December, 2001