H.B. 186
GENERAL ASSEMBLY OF NORTH CAROLINA
Feb 22, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10092-NB-52
Short Title: Div. of Juvenile Justice Mods.-AB (Public)
Sponsors: Representative Davis.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MODIFY THE SERVICE OF SUMMONS FOR JUVENILE PETITIONS, TO
3 CREATE ALTERNATIVES TO JUVENILE DETENTION, TO CLARIFY THE PROCESS
4 FOR COURT-ORDERED EVALUATIONS FOR JUVENILES, TO MODIFY THE
5 DISCLOSURE OF CERTAIN INFORMATION TO THE PUBLIC CONCERNING
6 JUVENILES, TO CLARIFY MINORITY SENSITIVITY TRAINING FOR LAW
7 ENFORCEMENT PERSONNEL, TO CLARIFY JUVENILE DETENTION TRANSFER,
8 AND TO MAKE VARIOUS TECHNICAL AND CONFORMING CHANGES, AS
9 RECOMMENDED BY THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF
10 JUVENILE JUSTICE.
11 The General Assembly of North Carolina enacts:
12 SECTION 1. G.S. 7B-1806 reads as rewritten:
13 "§ 7B-1806. Service of summons.
14 The summons and petition shall be personally served upon the parent, the guardian, or
15 custodian and the juvenile not less than five days prior to the date of the scheduled hearing. The
16 time for service may be waived in the discretion of the court. A juvenile court counselor or any
17 other person authorized by law may serve and complete juvenile process under this section, and
18 as provided in G.S. 143B-831.
19 If the parent, guardian, or custodian entitled to receive a summons cannot be found by a
20 diligent effort, the court may authorize service of the summons and petition by mail or by
21 publication. The cost of the service by publication shall be advanced by the petitioner and may
22 be charged as court costs as the court may direct.
23 The court may issue a show cause order for contempt against a parent, guardian, or custodian
24 who is personally served and fails without reasonable cause to appear and to bring the juvenile
25 before the court.
26 The provisions of G.S. 15A-301(a), (c), (d), and (e) relating to criminal process apply to
27 juvenile process; provided the period of time for return of an unserved summons is 30 days."
28 SECTION 2.(a) Article 19 of Subchapter II of Chapter 7B of the General Statutes is
29 amended by adding a new section to read:
30 "§ 7B-1902.5. Alternatives to detention; delegation.
31 (a) In the case of any juvenile who is eligible to be placed in secure custody under this
32 Article, the court may order that the juvenile remain in the community under the supervision of
33 a juvenile court counselor through alternatives to detention, including electronic monitoring,
34 house arrest, or another structured program.
35 (b) Any district court judge may impose alternatives to detention under this section if the
36 court finds that those alternatives are appropriate to ensure protection of the public and secure
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 General Assembly Of North Carolina Session 2023
1 the juvenile's presence in court. The order shall be in writing and specify the reasons for the use
2 of alternatives to detention.
3 (c) The chief district court judge may delegate the court's authority to direct the use of
4 alternatives to detention to the chief court counselor or the chief court counselor's counseling
5 staff by administrative order filed in the office of the clerk of superior court. The administrative
6 order shall specify which persons may be contacted for approval of alternatives to detention. The
7 chief district court judge shall not delegate the court's authority to detain or house juveniles in
8 holdover facilities under G.S. 7B-1905 or G.S. 7B-2513.
9 (d) In every case in which an order has been entered by an official exercising authority
10 delegated under this section, a hearing to determine whether the continued use of alternatives to
11 detention under subsection (a) of this section is appropriate shall be conducted within five
12 calendar days of the entry of the order, and thereafter, at intervals of no more than 60 calendar
13 days from the hearing. In all other cases, the court shall schedule hearings to determine whether
14 the continued use of alternatives to detention is appropriate at intervals of no more than 60
15 calendar days after the entry of the initial order in the case. The court may conduct a hearing to
16 determine whether the continued use of alternatives to detention is appropriate at any time upon
17 its own motion or upon motion of the juvenile court counselor, the prosecutor, or the juvenile.
18 (e) At a hearing to determine whether the continued use of alternatives to detention is
19 appropriate, the court may continue the order imposing alternatives to detention as provided in
20 this section, terminate the order, or take any other action authorized by this Subchapter. The court
21 shall be bound by the criteria in G.S. 7B-1903 in determining whether the continued use of
22 alternatives to detention is appropriate."
23 SECTION 2.(b) G.S. 7B-1907 reads as rewritten:
24 "§ 7B-1907. Telephonic communication authorized.
25 All communications, notices, orders, authorizations, and requests authorized or required by
26 G.S. 7B-1901, 7B-1902.5, 7B-1903, and 7B-1904 may be made by telephone when other means
27 of communication are impractical. All written orders pursuant to telephonic communication shall
28 bear the name and the title of the person communicating by telephone, the signature and the title
29 of the official entering the order, and the hour and the date of the authorization."
30 SECTION 3. G.S. 7B-2502 reads as rewritten:
31 "§ 7B-2502. Evaluation and treatment of undisciplined and delinquent juveniles.
32 (a) In any case, the court may order that the juvenile be examined by a physician,
33 psychiatrist, psychologist, or other qualified expert as may be needed for the court to determine
34 the needs of the juvenile. Upon the completion of the examination, the court may conduct a
35 hearing to determine whether the juvenile is in need of medical, surgical, psychiatric,
36 psychological, or other evaluation or treatment and the court may order the juvenile to comply
37 with any evaluation or treatment recommended by the examination.
38 (a1) In the case of a juvenile adjudicated delinquent for committing an offense that
39 involves the possession, use, sale, or delivery of alcohol or a controlled substance, the court shall
40 require the juvenile to be tested for the use of controlled substances or alcohol within 30 days of
41 the adjudication. In the case of any juvenile adjudicated delinquent, the court may, if it deems it
42 necessary, require the juvenile to be tested for the use of controlled substances or alcohol. The
43 results of these initial tests conducted pursuant to this subsection shall be used for evaluation and
44 treatment purposes only. In placing a juvenile in out-of-home care under this section, the court
45 shall also consider whether it is in the juvenile's best interest to remain in the juvenile's
46 community of residence.
47 (a2) In the case of a juvenile who has been identified with a suspected mental illness,
48 illness through the use of a validated screening instrument or other evidence presented to the
49 court, or a suspected developmental disability, disability or intellectual disability disability, that
50 has been adjudicated delinquent, the court shall order that the Division of Juvenile Justice of the
51 Department of Public Safety make a referral for a comprehensive clinical assessment or
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1 equivalent mental health assessment, unless the court finds a comprehensive clinical assessment
2 or equivalent mental health assessment has been conducted within the last 45 90 days before the
3 adjudication disposition hearing. An assessment ordered by a court under this subsection shall
4 evaluate the developmental, emotional, behavioral, and mental health needs of the juvenile.
5 (a3) If an assessment is ordered by the court under subsection (a2) of this section, section
6 or if an assessment has been conducted within the last 90 days before the disposition hearing, the
7 court shall review the comprehensive clinical assessment or equivalent mental health assessment
8 prior to the date of disposition in the case. If the court finds sufficient evidence that the juvenile
9 has severe emotional disturbance, as defined in G.S. 7B-1501(24a), or a developmental
10 disability, as defined in G.S. 122C-3(12a), or intellectual disability, as defined in
11 G.S. 122C-3(17a), that, in the court's discretion, substantially contributed to the juvenile's
12 delinquent behavior, and the juvenile is eligible for a Juvenile Justice Level 3 disposition and/or
13 is recommended for a Psychiatric Residential Treatment Facility (PRTF) placement, the court
14 shall order a care review team to be convened by the Division of Juvenile Justice of the
15 Department of Public Safety and assigned to the case.
16 …."
17 SECTION 4. Article 31 of Subchapter II of Chapter 7B of the General Statutes is
18 amended by adding a new section to read:
19 "§ 7B-3103. Disclosure of information about juveniles for public safety reasons.
20 (a) Notwithstanding G.S. 7B-2102(d) or any other provision of law to the contrary, the
21 court may order the Division or any law enforcement agency within the State to release to the
22 public the information contained in subsection (b) of this section if the court makes all of the
23 following findings in a written order:
24 (1) A petition has been filed alleging that the juvenile has committed an offense
25 that would be a Class A, B1, B2, or C felony if committed by an adult.
26 (2) The court determines, based on the juvenile's record or the nature of the
27 alleged offense or offenses, that the juvenile presents a danger to self or others.
28 (3) The court determines there exists good cause for the disclosure.
29 (b) The following information about a juvenile subject to a public disclosure under
30 subsection (a) of this section may be released to the public:
31 (1) The juvenile's first name, initial of last name, and photograph.
32 (2) Any offense in a juvenile petition alleged to have been committed by the
33 juvenile.
34 (3) Whether a secure custody order has been issued for the juvenile.
35 (4) A statement, based on the juvenile's record or the nature of the alleged offense
36 and the level of concern of the Division or law enforcement agency, as to the
37 juvenile's threat to self or others.
38 (c) If a juvenile who is the subject of an order entered under subsection (a) of this section
39 is taken into custody before the required disclosure is made to the public, the Division or law
40 enforcement agency shall not make the disclosure.
41 (d) Before the information contained in subsection (b) of this section is released to the
42 public, the Division or law enforcement agency shall make a reasonable effort to notify a parent,
43 legal guardian, or custodian of the juvenile."
44 SECTION 5. G.S. 153A-218 reads as rewritten:
45 "§ 153A-218. County confinement facilities.
46 A county may establish, acquire, erect, repair, maintain, and operate local confinement
47 facilities and may for these purposes appropriate funds not otherwise limited as to use by law.
48 Subject to the holdover provisions in G.S. 7B-2204, no person under the age of 18 may be held
49 in a county confinement facility unless there is an agreement between the county confinement
50 facility and the Division of Juvenile Justice allowing the housing of persons under the age of 18
51 at the facility or a portion of the facility that has been approved as a juvenile detention facility by
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1 the Division of Juvenile Justice. A juvenile detention facility may be located in the same facility
2 as a county jail provided that the juvenile detention facility meets the requirements of this Article
3 and G.S. 147-33.40.G.S. 143B-819."
4 SECTION 6. G.S. 114-12.1 reads as rewritten:
5 "§ 114-12.1. Minority sensitivity training for law enforcement personnel.
6 (a) The Department of Justice shall develop guidelines for minority sensitivity training
7 for all law enforcement personnel throughout the State. The Department shall ensure that all
8 persons who work with minority juveniles in the juvenile justice system are taught how to
9 communicate effectively with minority juveniles and how to recognize and address the needs of
10 those juveniles. The Department shall also advise all law enforcement and professionals who
11 work within the juvenile justice system of ways to improve the treatment of minority juveniles
12 so that all juveniles receive equal treatment. Except where local law enforcement or the Division
13 of Juvenile Justice of the Department of Public Safety has existing minority sensitivity training
14 that meets the Department guidelines, the Department shall conduct the minority sensitivity
15 training annually. Prior to the training each year, the Department shall assess whether minorities
16 are receiving fair and equal treatment in the juvenile justice system with regard to the
17 administration of predisposition procedures, of diversion methods, of dispositional alternatives,
18 and of treatment and post-release supervision plans.
19 (b) The Division of Juvenile Justice of the Department of Public Safety shall ensure that
20 all juvenile court counselors and other Division personnel receive the minority sensitivity
21 training specified in subsection (a) of this section. The Division of Juvenile Justice of the
22 Department of Public Safety is responsible for creating, implementing, and evaluating juvenile
23 minority sensitivity and racial and ethnic disparities training annually."
24 SECTION 7. G.S. 7B-2204 reads as rewritten:
25 "§ 7B-2204. Right to pretrial release; detention.
26 …
27 (d) Should the juvenile be found guilty, or enter a plea of guilty or no contest to a criminal
28 offense in superior court and receive an active sentence, then immediate transfer to the Division
29 of Prisons of the Department of Adult Correction shall be ordered. Until such time as the juvenile
30 is transferred to the Division of Prisons of the Department of Adult Correction, the juvenile may
31 be detained in a holdover facility. The juvenile may not be detained in a detention facility pending
32 transfer to the Division of Prisons of the Department of Adult Correction, unless the facility or
33 detention facility is operated by the sheriff pursuant to G.S. 7B-1905(b).approved by the Division
34 of Juvenile Justice of the Department of Public Safety.
35 …."
36 SECTION 8. This act becomes effective December 1, 2023.
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Statutes affected:
Filed: 7B-1806, 7B-1907, 7B-2502, 153A-218, 114-12.1, 7B-2204
Edition 1: 7B-1806, 7B-1907, 7B-2502, 153A-218, 114-12.1, 7B-2204
Edition 2: 7B-1806, 7B-1907, 7B-2502, 153A-218, 114-12.1, 7B-2204
Edition 3: 7B-1806, 7B-2502, 153A-218, 114-12.1, 7B-2204
Edition 4: 7B-1806, 7B-2502, 153A-218, 114-12.1, 7B-2204
Edition 5: 7B-1806, 7B-2502, 153A-218, 114-12.1, 7B-2204
Edition 6: 7B-2200.5, 7B-2200, 7B-2202, 7B-2101, 7B-1806, 7B-2502, 153A-218, 114-12.1, 7B-2204
Ratified: 7B-2200.5, 7B-2200, 7B-2202, 7B-2101, 7B-1806, 7B-2502, 153A-218, 114-12.1, 7B-2204, 7B-2401, 7B-1906, 7B-1904
SL 2023-114: 7B-2200.5, 7B-2200, 7B-2202, 7B-2101, 7B-1806, 7B-2502, 153A-218, 114-12.1, 7B-2204, 7B-2401, 7B-1906, 7B-1904