Legislative Research Commission, Age of Juvenile Offenders Committee, North Carolina General Assembly : report to the 2013 General Assembly of North Carolina. - Page 16 |
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Appendix D 1 (a) The court has exclusive, original jurisdiction over any case involving a 2 juvenile who is alleged to be delinquent. For purposes of determining jurisdiction, the 3 age of the juvenile at the time of the alleged offense governs. 4 (b) When the court obtains jurisdiction over a juvenile alleged to be s 6 16 years. jurisdiction shall continue until terminated by order of the court or until the 7 juvenile reaches the age of 18 years, except as provided otherwise in this Article. 8 9 10 11 t2 t3 I4 15 I6 t7 18 19 20 2l 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4I 42 43 44 45 46 ftD When the court obtains jurisdiction over a juvenile alleged to be delinquent for an offense that would be a misdemeanor offense if committed by an adult and the offense was committed while the juvenile was at least 16 years of age. jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 19 years. (c) When delinquency delincpent for an offense committed prior to the juvenile reaching the age of 16 years. cannot be concluded before the juvenile reaches the age of 18 years, the court retains jurisdiction for the sole purpose of conducting proceedings pursuant to Article 22 of this Chapter and either transferring the case to superior court for trial as an adult or dismissing the petition. rcD When delinquency proceedings" for a juvenile alleged to be delinquent for an offense committed while the juvenile was at leas! 16 years of aee. cannot be concluded before the juvenile reaches the age of 19 years. the court retains jurisdiction for the sole purpose of dismissing the petition. (d) 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, the court has jurisdiction for the sole purpose of conducting proceedings pursuant to Article 22 of this Chapter and either fransferring the case to superior court for trial as an adult or dismissing the petition. (e) The court has jurisdiction over delinquent juveniles in the custody of the Division 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. (f) The court has jurisdiction over persons 18 years of age or older who are under the extended jurisdiction of the juvenile court. (g) The court has jurisdiction over the parent, guardian, or custodian of a juvenile who is under the jurisdiction of the court pursuant to this section if the parent, guardian, or custodian has been served with a sufirmons pursuant to G.S. 78-1805." SECTION 3.(b) Effective July I, 2018, G.S.7B-1601(b1) reads as rewritten: "(bl) When the court obtains jurisdiction over a juvenile alleged to be delinquent for an offense that would be a misdemeanor offense if committed by an adult and the offense was committed while the juvenile was at least 16 years of age;age-butlesS--than 17 years of age. jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 19 years. If the offense was committed while the juvenile was at least 17 years of age. jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 20 years." Age of Juvenile Offenders-LRC Page 16
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Title | Legislative Research Commission, Age of Juvenile Offenders Committee, North Carolina General Assembly : report to the 2013 General Assembly of North Carolina. - Page 16 |
Full Text | Appendix D 1 (a) The court has exclusive, original jurisdiction over any case involving a 2 juvenile who is alleged to be delinquent. For purposes of determining jurisdiction, the 3 age of the juvenile at the time of the alleged offense governs. 4 (b) When the court obtains jurisdiction over a juvenile alleged to be s 6 16 years. jurisdiction shall continue until terminated by order of the court or until the 7 juvenile reaches the age of 18 years, except as provided otherwise in this Article. 8 9 10 11 t2 t3 I4 15 I6 t7 18 19 20 2l 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4I 42 43 44 45 46 ftD When the court obtains jurisdiction over a juvenile alleged to be delinquent for an offense that would be a misdemeanor offense if committed by an adult and the offense was committed while the juvenile was at least 16 years of age. jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 19 years. (c) When delinquency delincpent for an offense committed prior to the juvenile reaching the age of 16 years. cannot be concluded before the juvenile reaches the age of 18 years, the court retains jurisdiction for the sole purpose of conducting proceedings pursuant to Article 22 of this Chapter and either transferring the case to superior court for trial as an adult or dismissing the petition. rcD When delinquency proceedings" for a juvenile alleged to be delinquent for an offense committed while the juvenile was at leas! 16 years of aee. cannot be concluded before the juvenile reaches the age of 19 years. the court retains jurisdiction for the sole purpose of dismissing the petition. (d) 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, the court has jurisdiction for the sole purpose of conducting proceedings pursuant to Article 22 of this Chapter and either fransferring the case to superior court for trial as an adult or dismissing the petition. (e) The court has jurisdiction over delinquent juveniles in the custody of the Division 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. (f) The court has jurisdiction over persons 18 years of age or older who are under the extended jurisdiction of the juvenile court. (g) The court has jurisdiction over the parent, guardian, or custodian of a juvenile who is under the jurisdiction of the court pursuant to this section if the parent, guardian, or custodian has been served with a sufirmons pursuant to G.S. 78-1805." SECTION 3.(b) Effective July I, 2018, G.S.7B-1601(b1) reads as rewritten: "(bl) When the court obtains jurisdiction over a juvenile alleged to be delinquent for an offense that would be a misdemeanor offense if committed by an adult and the offense was committed while the juvenile was at least 16 years of age;age-butlesS--than 17 years of age. jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 19 years. If the offense was committed while the juvenile was at least 17 years of age. jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 20 years." Age of Juvenile Offenders-LRC Page 16 |