GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2001-158
AN ACT TO ALLOW THE COURT TO ORDER SECURE CUSTODY OF A JUVENILE PENDING AN ADJUDICATORY PROCEEDING IF THE JUVENILE ALLEGEDLY COMMITTED A MISDEMEANOR OFFENSE INVOLVING A WEAPON.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 7B-1903(b) reads as rewritten:
"(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 is
charged with a misdemeanor at least one element of which is assault on a person
and has demonstrated that the juvenile is a danger to persons. 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.
(3) The juvenile has willfully failed to appear on a pending delinquency charge or on charges of violation of probation or post-release supervision, providing the juvenile was properly notified.
(4) A delinquency charge is pending against the juvenile, and there is reasonable cause to believe the juvenile will not appear in court.
(5) The juvenile is an absconder from (i) any residential facility operated by the Department or any detention facility in this State or (ii) any comparable facility in another state.
(6) There is reasonable cause to believe the juvenile should be detained for the juvenile's own protection because the juvenile has recently suffered or attempted self-inflicted physical injury. In such case, the juvenile must have been refused admission by one appropriate hospital, and the period of secure custody is limited to 24 hours to determine the need for inpatient hospitalization. If the juvenile is placed in secure custody, the juvenile shall receive continuous supervision and a physician shall be notified immediately.
(7) The juvenile is alleged to be undisciplined by virtue of the juvenile's being a runaway and is inappropriate for nonsecure custody placement or refuses nonsecure custody, and the court finds that the juvenile needs secure custody for up to 24 hours, excluding Saturdays, Sundays, and State holidays, or where circumstances require, for a period not to exceed 72 hours to evaluate the juvenile's need for medical or psychiatric treatment or to facilitate reunion with the juvenile's parents, guardian, or custodian.
(8) The juvenile is alleged to be undisciplined and has willfully failed to appear in court after proper notice; the juvenile shall be brought to court as soon as possible and in no event should be held more than 24 hours, excluding Saturdays, Sundays, and State holidays or where circumstances require for a period not to exceed 72 hours."
SECTION 2. This act becomes effective December 1, 2001, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 21st day of May, 2001.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 11:26 a.m. this 31st day of May, 2001