AG 1999 01 19 - Laserfiche WebLink

Home Browse Search

Administration of Justice Bulletin No. 98/03 December 1998 court conviction. This expands somewhat superior court jtmsdiction over juveniles. Previously. a juvenile who was transferred to and convicted in superior court was subject to further prosecution as aa adult only for offenses the juvemle conUmtted (1) after thejuvenile had been sentenced for a felony offense and (2) while the juvenile was under the active supervision of the superior court. Ordinarily, the juvenile court's jurisdiction over a delinquent juvenile continues un~l it is terminated by court order or the juveni/e reaches age eighteen. whichever occurs first. (The juvenile's emancipation does not affect the court's jUrisdiction tn relation to acts the juvenile committed before being emancipated.) In two circumstances~ however, the new code provides for extended jurisdiction. 1. When a juvenile is committed to the Office of Juvenile Justice (OJJ) for placement in a training school for an offense that would be first-degree murder, first-degree rope, or first- degree sexual offense if committed by an adult, jurisdiction continues until terminated by court order or until the juvenile reaches the age of twenty-one years, whichever occurs first. 2. When a juvenile is committed to the OJJ for placement in a training school for an offense that would be a Class B 1, B2, C, D. or E felony ffcommitted by an adult (other than the offenses set forth in the preceding provi- sion), jurisdiction continues until terminated by court order or until the juvenile reaches the age of nineteen years, whichever occurs first. Although not a change from former law, the new code provides explicitly that the court has jurisdiction over delinquent juveniles who are in the custody of the OJJ. Jurisdiction~Parents As under former law, the court has jurisdiction over a juvenile's parent, guardian, or custodian if that person has been served with a sununons in the case of an undisciplined or delinquent juvenile. Under new G.S. 7B-1805, the sumroons must give the parent guardian, or custodian notice of the kinds of orders the court may enter at disposition. It also must notify the parent, guardian, or custodian that proceedings for contempt may result from that person's failure, without reasonable cause, to: · attend scheduled hearings, * bring the juvenile before t.he court at any heanng the juvenile is requh'ed to attend, or · comply with any order of the court, Screening, Intake, and Diversion Many provisions relating to screening and intake remain the same as under former law. A new time limit requires the intake counselor, ff he or she approves a petition for filing to file the petition within fifteen days (with a possible fifteen-day extension) from the date the complaint is received (the same time period withi~ which the intake counselor must decide whether to approve the petition for filing). Except as described below in relation to diversion plans, the intake coun- selor must destroy any complaint that is not approved for filing as a petition, after holding it for a temporary period to allow for review by the prosecutor if the complainant requests a review. The new code changes dranmtically the concept and use of diversion, potentially expanding greatly the involvement of juvenile court counselors with juve- niles whose cases do not go to court. Specified offenses continue to be "non-diver~ble"--the intake counselor must approve a petition for filing if he or she finds reasonable grounds to believe that the juvenile committed one of those offenses. In any other case in which the intake counselor finds that the complaint is legally sufficient, the intake counselor may divert the juvenile pursuant to a diversion pla~ which may in- clude referral to: · an appropriate public or private resource. · restitution, · community service, · victim-offender mediation, · reg'tmented physical training, or · counseling.. If the dismct has a teen court program, the intake counselor may refer the juvenile to it. but only if the juvenile has not been referred previously to a teen court program and only if the offense involved would be an infraction or misdemeanor if committed by an adult. Referral to teen court is not allowed, however, if the offense involved is d_riving while impaired or any other motor vehicle violation, a Class Al misde- meanor, an assault in which a weapon is use& or a controlled substance offense other than simple posses- sion of a Schedule VI drug or alcohol. As part of a diversion plan the intake counselor. the juvenile, and the juvenile's parent, guardian, or custodian may enter into a diversion contract that sets out 12