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 193 |
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184
§ 7B-2515. Notification of extended commitment; plan of treatment.
(a) In determining whether a juvenile should be released before the juvenile’s 18th 20th
birthday, the Department shall consider the protection of the public and the likelihood that
continued placement will lead to further rehabilitation. If the Department does not intend to
release the juvenile prior to the juvenile’s eighteenth twentieth birthday, or if the Department
determines that the juvenile’s commitment should be continued beyond the maximum
commitment period as set forth in G.S. 7B-2513(a), the Department shall notify the juvenile and
the juvenile’s parent, guardian, or custodian in writing at least 30 days in advance of the
juvenile’s eighteenth twentieth birthday or the end of the maximum commitment period, of the
additional specific commitment period proposed by the Department, the basis for extending the
commitment period, and the plan for future care or treatment.
(b) The Department shall modify the plan of care or treatment developed pursuant to G.S.
7B-2513(f) to specify (i) the specific goals and outcomes that require additional time for care or
treatment of the juvenile; (ii) the specific course of treatment or care that will be implemented to
achieve the established goals and outcomes; and (iii) the efforts that will be taken to assist the
juvenile’s family in creating an environment that will increase the likelihood that the efforts to
treat and rehabilitate the juvenile will be successful upon release. If appropriate, the Department
may place the juvenile in a setting other than a youth development center.
(c) The juvenile and the juvenile’s parent, guardian, or custodian may request a review
by the court of the Department’s decision to extend the juvenile’s commitment beyond the
juvenile’s eighteenth twentieth birthday or maximum commitment period, in which case the
court shall conduct a review hearing. The court may modify the Department’s decision and the
juvenile’s maximum commitment period. If the juvenile or the juvenile’s parent, guardian, or
custodian does not request a review of the Department’s decision, the Department’s decision
shall become the juvenile’s new maximum commitment period.
§ 7B-2516. Revocation of post-release supervision.
(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;
Note: Should there be an age at which the juvenile may waive the right to
an attorney?
(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.
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 193 |
| Full Text | 184 § 7B-2515. Notification of extended commitment; plan of treatment. (a) In determining whether a juvenile should be released before the juvenile’s 18th 20th birthday, the Department shall consider the protection of the public and the likelihood that continued placement will lead to further rehabilitation. If the Department does not intend to release the juvenile prior to the juvenile’s eighteenth twentieth birthday, or if the Department determines that the juvenile’s commitment should be continued beyond the maximum commitment period as set forth in G.S. 7B-2513(a), the Department shall notify the juvenile and the juvenile’s parent, guardian, or custodian in writing at least 30 days in advance of the juvenile’s eighteenth twentieth birthday or the end of the maximum commitment period, of the additional specific commitment period proposed by the Department, the basis for extending the commitment period, and the plan for future care or treatment. (b) The Department shall modify the plan of care or treatment developed pursuant to G.S. 7B-2513(f) to specify (i) the specific goals and outcomes that require additional time for care or treatment of the juvenile; (ii) the specific course of treatment or care that will be implemented to achieve the established goals and outcomes; and (iii) the efforts that will be taken to assist the juvenile’s family in creating an environment that will increase the likelihood that the efforts to treat and rehabilitate the juvenile will be successful upon release. If appropriate, the Department may place the juvenile in a setting other than a youth development center. (c) The juvenile and the juvenile’s parent, guardian, or custodian may request a review by the court of the Department’s decision to extend the juvenile’s commitment beyond the juvenile’s eighteenth twentieth birthday or maximum commitment period, in which case the court shall conduct a review hearing. The court may modify the Department’s decision and the juvenile’s maximum commitment period. If the juvenile or the juvenile’s parent, guardian, or custodian does not request a review of the Department’s decision, the Department’s decision shall become the juvenile’s new maximum commitment period. § 7B-2516. Revocation of post-release supervision. (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; Note: Should there be an age at which the juvenile may waive the right to an attorney? (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. |
