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 215 |
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206
the minor is taken into custody, the law enforcement officer or the officer’s immediate superior
shall notify a parent or guardian in writing that the minor is in custody within 24 hours of the
minor’s arrest. If the parent or guardian of the minor cannot be found, then the officer or the
officer’s immediate superior shall notify the minor’s next-of-kin of the minor’s arrest as soon as
practicable.
(b) The notification provided for by subsection (a) of this section shall not be required if:
(1) The minor is emancipated;
(2) The minor is not taken into custody and has been charged with a motor
vehicle moving violation for which three or fewer points are assessed under
G.S. 20-16(c), except an offense involving impaired driving, as defined in
G.S. 20-4.01(24a); or
(3) The minor has been charged with a motor vehicle offense that is not a moving
violation.
(c) A law enforcement officer who charges a person with a criminal offense that is a felony,
except for a criminal offense under Chapter 20 of the General Statutes, shall notify the principal
of any school the person attends of the charge as soon as practicable but at least within five days.
The notification may be made in person or by telephone. If the person is taken into custody, the
law enforcement officer or the officer’s immediate supervisor shall notify the principal of any
school the person attends. This notification shall be in writing and shall be made within five days
of the person’s arrest. If a principal receives notification under this subsection, a representative
from the district attorney’s office shall notify that principal of the final disposition at the trial
court level. This notification shall be in writing and shall be made within five days of the
disposition. As used in this subsection, the term “school” means any public or private school in
the State that is authorized under Chapter 115C of the General Statutes.
Article 81B.
Structured Sentencing of Persons Convicted of Crimes.
§ 15A-1340.16. Aggravated and mitigated sentences.
Note: Should the ages highlighted below relating to aggravating and mitigating
factors in sentencing be changed from 16 to 18?
. . . .
(d) Aggravating Factors. – The following are aggravating factors:
. . . .
(13) The defendant involved a person under the age of 16 in the commission of the
crime.
. . . .
(e) Mitigating Factors. – The following are mitigating factors:
. . . .
(6) The victim was more than 16 years of age and was a voluntary participant in
the defendant’s conduct or consented to it.
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 215 |
| Full Text | 206 the minor is taken into custody, the law enforcement officer or the officer’s immediate superior shall notify a parent or guardian in writing that the minor is in custody within 24 hours of the minor’s arrest. If the parent or guardian of the minor cannot be found, then the officer or the officer’s immediate superior shall notify the minor’s next-of-kin of the minor’s arrest as soon as practicable. (b) The notification provided for by subsection (a) of this section shall not be required if: (1) The minor is emancipated; (2) The minor is not taken into custody and has been charged with a motor vehicle moving violation for which three or fewer points are assessed under G.S. 20-16(c), except an offense involving impaired driving, as defined in G.S. 20-4.01(24a); or (3) The minor has been charged with a motor vehicle offense that is not a moving violation. (c) A law enforcement officer who charges a person with a criminal offense that is a felony, except for a criminal offense under Chapter 20 of the General Statutes, shall notify the principal of any school the person attends of the charge as soon as practicable but at least within five days. The notification may be made in person or by telephone. If the person is taken into custody, the law enforcement officer or the officer’s immediate supervisor shall notify the principal of any school the person attends. This notification shall be in writing and shall be made within five days of the person’s arrest. If a principal receives notification under this subsection, a representative from the district attorney’s office shall notify that principal of the final disposition at the trial court level. This notification shall be in writing and shall be made within five days of the disposition. As used in this subsection, the term “school” means any public or private school in the State that is authorized under Chapter 115C of the General Statutes. Article 81B. Structured Sentencing of Persons Convicted of Crimes. § 15A-1340.16. Aggravated and mitigated sentences. Note: Should the ages highlighted below relating to aggravating and mitigating factors in sentencing be changed from 16 to 18? . . . . (d) Aggravating Factors. – The following are aggravating factors: . . . . (13) The defendant involved a person under the age of 16 in the commission of the crime. . . . . (e) Mitigating Factors. – The following are mitigating factors: . . . . (6) The victim was more than 16 years of age and was a voluntary participant in the defendant’s conduct or consented to it. |
