Bill Summaries: H483 (2025-2026 Session)

Tracking:
  • Summary date: Apr 29 2025 - View summary

    House committee substitute to the 1st edition makes the following changes.

    Amends GS 7B-2511, concerning termination of a juvenile’s probation, to require the Division of Juvenile Justice, instead of the court, to notify the victim when they have requested to be notified of court proceedings. Makes additional clarifying changes. Makes the same changes to GS 7B-2514, concerning the termination of a juvenile’s post-release supervision.

    Amends GS 7B-1903 to also allow an order for nonsecure custody to be made when there is a reasonable factual basis to believe the matters alleged in the indictment or criminal information if the request is made under GS 15A-960 (removal of juveniles charged with committing Class A, B1, B2, C, D, or E felony offenses at age 16 and 17) 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.

    Adds the following. Amends GS 7B-1701 to also allow a juvenile court counselor, without further inquiry, to allow a complaint to be filed as a petition if removal has been ordered under GS 15A-960. Amends GS 7B-1803 by adding that if removal is pursuant to GS 15B-960, the prosecutor must prepare the petition and sign it as the complainant. Requires the warrant for arrest, magistrate’s order, or indictment to serve as the verified allegation to support the complaint and for it to be included in the juvenile record. Amends GS 15A-960 to require an order to require the chief court counselor to file a juvenile petition within five (was, 10) calendar days after removal is ordered. Requires in cases where a true bill of indictment has been returned by the grand jury that a copy of the indictment accompany the order of removal to the juvenile court. Requires in cases where a criminal information is filed that a copy of the criminal information and the warrant for arrest or magistrate's order accompany the order of removal to the juvenile court. Requires that after the entry of removal order that the prosecutor draw the juvenile petition, sign it as the complainant, and submit it to the chief court counselor. Requires the warrant for arrest, magistrate's order, or indictment to serve as the verified allegation to support the complaint and be included in the juvenile record by the clerk. Requires the case to proceed under the procedures in Subchapter II of GS Chapter 7B. Amends GS 7B-3000 to require the juvenile’s record to include documents accompanying the order to remove cases from superior court under GS 15A-960.

    Adds a section amending GS 15-6 by requiring when a person under age 18 is imprisoned that they be committed to the custody of the Division of Prisons of the Department of Adult Correction and confined in a facility operated by the Division of Prisons (was, imprisoned in a detention facility approved by the Division of Juvenile Justice to provide secure confinement and care for juveniles, or to a holdover facility).

    Makes Part VIII of the act (formerly Part VII) effective December 1, 2025 (was, August 1, 2025)

    Makes conforming changes to the act’s long title.


  • Summary date: Mar 24 2025 - View summary

    Part I.

    Amends GS 7B-2510 to enact a new subsection authorizing the court to extend the term of probation for juveniles adjudicated for an offense that would be a Class A, B1, or B2 felony if committed by an adult, for additional periods of up to one year if the court finds it necessary to protect the community or to safeguard the welfare of the juvenile. Requires notice and a hearing to determine if an extension is necessary. Limits the total probation period entered for an adjudication of an offense that would be a Class A, B1, or B2 felony if committed by an adult at three years. Grants the court discretion to hold the hearing to extend probation after the expiration of an order of probation at the next regularly scheduled court date or if the juvenile fails to appear in court. Expands existing provisions to add that the prosecutor can move for the court to review the progress of any juvenile on probation at any time during the period of probation or at the end of probation (currently, motions for review are limited to the juvenile court counselor, the juvenile, or the court). Makes conforming changes.

    Amends GS 7B-2511, distinguishing the requirements for the termination of probation for juveniles based on whether the case involved a victim, as defined under Article 20A of the Juvenile Code. Allows for an order terminating probation in a case involving a victim to be entered with the juvenile present after notice and a hearing. Requires the victim be provided notice and an opportunity to be heard upon request of the victim, as described.

    Amends GS 7B-2514 to require all post-release supervision plans developed for an offense that would be a Class A, B1, B2, or C felony if committed by an adult to require the juvenile complete three years of post-release supervision. Requires the Division of Juvenile Justice of the Department of Public Safety (Division) to develop the plan in writing and base terms on the needs of the juvenile and protection of the public. Provides for these plans to be terminated with the juvenile present after notice and a hearing. Requires a victim, as defined under Article 20A of the Juvenile Code, be provided notice and an opportunity to be heard upon request of the victim, as described.

    Part II.

    Amends GS 7B-1903 to provide for the court to order secure custody of a juvenile where the court finds there is a reasonable factual basis to believe that the juvenile committed the offenses alleged in an indictment or criminal information if a request for removal from superior court to juvenile court is made pursuant to GS 15A-960 and one of the listed circumstances exists. Adds to the listed circumstances that must exist for a court to order secure custody based on a juvenile petition or indictment or criminal information. Now includes instance where the juvenile is charged with violation of a valid GS Chapter 50B protective order and the juvenile is alleged to have knowingly violated conditions of the order excluding the juvenile from the residence or household occupied by a victim of domestic violence, or directing that the juvenile refrain from doing any acts specified in GS 50B-3(a)(9) (threatening, harassing, or interfering with the other party, or cruelly treating or abusing an animal held as a pet by either party or a minor child in the household).

    Amends GS 50B-4.1, governing violations of GS Chapter 50B protective orders. Requires law enforcement having probable cause to believe that a person under the age of 18 knowingly violated a valid protective order excluding the person from the residence or household occupied by a victim of domestic violence or directing the person to refraining from doing any acts specified in GS 50B-3(a)(9) to request a juvenile petition be filed for the alleged violation of the protective order and request issuance of a secure custody order pursuant to GS 7B-1903.

    Part III.

    Amends GS 7B-3101, governing required notifications to the principal of the school that a juvenile attends. Limits notifications to the filing of a juvenile petition, transfer of jurisdiction to superior court, dismissals, dispositional orders and their modifications, and any vacated order concerning juveniles alleged or found delinquent for offenses that would constitute a Class A, B1, B2, C, D, or E felony if committed by an adult. Eliminates notifications for transfers to superior court under GS 7B-2200.5 (relating to offenses that would be a Class F or G felony if committed by an adult).

    Part IV.

    Amends GS 7B-1703 to require juvenile complaints not approved for filing as a juvenile petition or handled as a juvenile consultation to be held by the juvenile court counselor for at least one year (was, a temporary period) to allow review as provided in GS 7B-1704 and GS 7B-1705 (was, GS 7B-1705 only; both concerning review by the prosecutor of the juvenile court counselor's decision not to approve the filing of a petition).

    Part V.

    Enacts GS 14-256.2 making it a Class 1 misdemeanor for a person lawfully detained in any detention facility, holdover facility, or youth development center to break or escape from the lawful custody of any employee, guard, or officer of the Division. Enhances the offense to a Class H felony if one of these three conditions apply: (1) the person has been charged with a felony and has been committed to the facility pending trial or transfer to the State prison system, (2) the person is alleged to be within the jurisdiction of juvenile court for an offense that would be a felony if committed by an adult and has been placed in secure custody, or (3) the person has been adjudicated delinquent for an offense that would be a felony if committed by an adult and has been placed in secure custody or committed to the custody of the Division for placement in a youth development center.  Defines terms by statutory cross-reference.

    Part VI.

    Amends GS 7B-2401.2, regarding procedures to determine the capacity of a juvenile to proceed, to no longer specify that the clerk must send a copy of the covering statement of an examination of the juvenile to the Division only when the juvenile is being held in the Division's custody. Adds the chief court counselor to persons required to receive notice of the hearing on the juvenile's capacity. Adds a new requirement for the court before ordering remediation services. Now requires that when the court finds that the juvenile is not capable to proceed to also determine if the juvenile is substantially likely to attain capacity in the foreseeable future, and only upon finding the juvenile is substantially likely to attain capacity in the foreseeable future, the court can order remediation services.

    Amends GS 7B-2401.4 to require that all forensic evaluations for the juvenile and relevant confidential information previously ordered released under GS 7B-2401.3 to be released to the program(s) where the juvenile is receiving remediation services. Makes conforming deletions to GS 7B-2401.2. Adds to the required content of an order for remediation services whether remediation services must include mental health treatment to reduce interfering symptoms, specialized psychoeducational programming, or a combination of these interventions. Requires the court to identify a provider for each service. Adds a new requirement for any report made by remediation service providers to the court to be forwarded to the juvenile's attorney. Adds a new requirement for any remediation report completed by a psychoeducation provider on the juvenile's progress in the psychoeducation curriculum be provided by the clerk to the prosecutor and the chief court counselor. Regarding remediation review hearings, adds that hearings must be held within 30 days of notification that the juvenile has likely completed the requirements of the remediation services. Allows any evidence the court finds to be relevant, reliable, and necessary at remediation review hearings to determine if the juvenile is not substantially likely to attain capacity in the foreseeable future. Adds new procedural requirements to require the court to order a new forensic evaluation report, independent of the remediation services, if the court determines that reassessment of capacity is warranted. Provides requirements for the new evaluation. Requires a capacity hearing to be held pursuant to GS 7B-2401.2 upon receipt of the new forensic evaluation report. Requires the court to proceed under GS 7B-2401.5 if the court determines that the juvenile is not substantially likely to attain capacity in the foreseeable future. Makes conforming, clarifying, organizational, and technical changes.

    Makes Parts I through VI of the act, described above, apply to offenses committed on or after December 1, 2025.

    Part VII.

    Makes changes in specified sections of GS Chapters 7A, 15A, 148, and 20: (1) to specify that juveniles under 18 sentenced to imprisonment and committed are in the custody of the Division of Prisons of the Department of Adult Correction at a facility operated by the Division of prisons; (2) to specify that juveniles charged with a crime and committed by written order are committed to the custody of the Division of Juvenile Justice; (3) make conforming and clarifying changes related to transport, orders, and recordkeeping of persons under the age of 18 based on the respective Division with custody of the juvenile; and (4) to refer to the Division of Juvenile Justice rather than Juvenile Justice Division. Applies to offenses committed, sentences imposed, and any other order of imprisonment issued on or after August 1, 2025.

    Part VIII.

    Provides a savings clause for prosecutions for offenses committed before the effective date of the act.