Governor's Crime Commission juvenile age study : a study of the impact of expanding the jurisdiction of the Department of Juvenile Justice and Delinquency Prevention : final report to the Governor of North Carolina and to the 2009 session of the General A - Page 162 |
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153
7B-1902 if other than the juvenile court counselor, for a determination of the
need for continued custody.
(b) A juvenile taken into temporary custody under this Article shall not be held for more
than 12 hours, or for more than 24 hours if any of the 12 hours falls on a Saturday, Sunday, or
legal holiday, unless a petition or motion for review has been filed and an order for secure or
nonsecure custody has been entered.
(c) 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 juvenile court counselor. If the juvenile court counselor approves the
filing of the petition, the juvenile court counselor shall contact the judge or the person delegated
authority pursuant to G.S. 7B-1902 if other than the juvenile court counselor, for a determination
of the need for continued custody.
Note: Subsection (c) is identical to subdivision (a)(3).
Should any of these duties be different when the juvenile is 18 or older?
§ 7B-1902. Authority to issue custody orders; delegation.
In the case of any juvenile alleged to be within the jurisdiction of the court, when the court
finds it necessary to place the juvenile in custody, the court may order that the juvenile be placed
in secure or nonsecure custody pursuant to criteria set out in G.S. 7B-1903.
Any district court judge may issue secure and nonsecure custody orders pursuant to G.S.
7B-1903. The chief district court judge may delegate the court’s authority to the chief court
counselor or the chief court counselor’s counseling staff by administrative order filed in the
office of the clerk of superior court. The administrative order shall specify which persons may be
contacted for approval of a secure or nonsecure custody order. The chief district court judge shall
not delegate the court’s authority to detain or house juveniles in holdover facilities pursuant to
G.S. 7B-1905 or G.S. 7B-2513.
§ 7B-1903. Criteria for secure or nonsecure custody.
(a) When a request is made for nonsecure custody, the court shall first consider release of
the juvenile to the juvenile’s parent, guardian, custodian, or other responsible adult. An order for
nonsecure custody shall be made only when there is a reasonable factual basis to believe the
matters alleged in the petition 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.
(b) When a request is made for secure custody, the court may order secure custody only
where the court finds there is a reasonable factual basis to believe that the juvenile committed the
offense as alleged in the petition, and that one of the following circumstances exists:
(1) The juvenile is charged with a felony and has demonstrated that the juvenile is
a danger to property or persons.
(2) The juvenile has demonstrated that the juvenile is a danger to persons and is
charged with either (i) a misdemeanor at least one element of which is assault
on a person or (ii) a misdemeanor in which the juvenile used, threatened to
use, or displayed a firearm or other deadly weapon.
Object Description
Description
| Title | Governor's Crime Commission juvenile age study : a study of the impact of expanding the jurisdiction of the Department of Juvenile Justice and Delinquency Prevention : final report to the Governor of North Carolina and to the 2009 session of the General A - Page 162 |
| Full Text | 153 7B-1902 if other than the juvenile court counselor, for a determination of the need for continued custody. (b) A juvenile taken into temporary custody under this Article shall not be held for more than 12 hours, or for more than 24 hours if any of the 12 hours falls on a Saturday, Sunday, or legal holiday, unless a petition or motion for review has been filed and an order for secure or nonsecure custody has been entered. (c) 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 juvenile court counselor. If the juvenile court counselor approves the filing of the petition, the juvenile court counselor shall contact the judge or the person delegated authority pursuant to G.S. 7B-1902 if other than the juvenile court counselor, for a determination of the need for continued custody. Note: Subsection (c) is identical to subdivision (a)(3). Should any of these duties be different when the juvenile is 18 or older? § 7B-1902. Authority to issue custody orders; delegation. In the case of any juvenile alleged to be within the jurisdiction of the court, when the court finds it necessary to place the juvenile in custody, the court may order that the juvenile be placed in secure or nonsecure custody pursuant to criteria set out in G.S. 7B-1903. Any district court judge may issue secure and nonsecure custody orders pursuant to G.S. 7B-1903. The chief district court judge may delegate the court’s authority to the chief court counselor or the chief court counselor’s counseling staff by administrative order filed in the office of the clerk of superior court. The administrative order shall specify which persons may be contacted for approval of a secure or nonsecure custody order. The chief district court judge shall not delegate the court’s authority to detain or house juveniles in holdover facilities pursuant to G.S. 7B-1905 or G.S. 7B-2513. § 7B-1903. Criteria for secure or nonsecure custody. (a) When a request is made for nonsecure custody, the court shall first consider release of the juvenile to the juvenile’s parent, guardian, custodian, or other responsible adult. An order for nonsecure custody shall be made only when there is a reasonable factual basis to believe the matters alleged in the petition 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. (b) When a request is made for secure custody, the court may order secure custody only where the court finds there is a reasonable factual basis to believe that the juvenile committed the offense as alleged in the petition, and that one of the following circumstances exists: (1) The juvenile is charged with a felony and has demonstrated that the juvenile is a danger to property or persons. (2) The juvenile has demonstrated that the juvenile is a danger to persons and is charged with either (i) a misdemeanor at least one element of which is assault on a person or (ii) a misdemeanor in which the juvenile used, threatened to use, or displayed a firearm or other deadly weapon. |
