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Administration of Justice Bulletin No. 98/03 December 1998 Secure and Nonsecure Custody Most of the law regarding temporary, nonsecure. and secure custody is unchanged: however, some changes are significant Grounds for Secure Custody A ground for secure custody--that the juvenile is charged with a misdemeanor involving assault on a person--now also requa'es evidence that the juvenile is a danger to persons. Another provision clarifies that violation of conditions of probation or of post-release supervision is a ground for secure custody only ffthe juvenile is alleged to have committed acts that damage property, or injure persons. Conditions of Release When a juvenile is released from secure custody, the court may impose "appropriate" restrictions on the juvenile's liberty,. Former law required the court to impose the "least restrictive" interference. Audio and V~deo Transmission Any bearing on the need for continued custody may be conducted by audio and video transmission that allows the court and the juvenile to see and hear each other, ff the juvenile has counsel, the juvenile and counsel must be able to communicate with each other fully and confidentially during the hearing. As a pre- requisite to conducting hearings in this manner, the chief district court judge must submit the procedures and tS. pe of equipment to be used to the Administrative Office of the Courts and obtain that office's approval. Use of Jails Jail Space as Detention Facility New GS. 147-33,42 authorizes the Office of Ju- venile Justice to plan with any county, to use existing space within its county jail system for a juvenile detention facility when needed. The space must meet state standards and the requirements of G,S. 153A-22 I. Juveniles detained in jails may not converse with, see, or be seen by the adult population~ and must be super- vised closely. 14 Secure Custody in Holdover Facility In the new code, G,S. 7B-1905(c) provides dmt if a petition alleges that ajuvenile committed a Class A, Bi, B2, C, D, or E felony and grounds exist for secure custody, the juvenile may be placed in a holdover fa- ciliLy for up to seventy-two hours, but only if the court, based on information provided by the court counselor, determines that no acceptable alternative placement is available and the protection of the public requires that the juvenile be housed in a holdover facility, Like present law, the new code defines a holdover facility as "Iai place in a jail which has been approved by the Deparunent of Health and Human Services as meeting the S/ate standards for detention as required in G.S. 153A-221 providing close supervision where the juvenile cannot converse with, see. or be seen by the adult population." When a chief district cour~ judge, by administrative order, delegates to the chief court coun- selor or that person's staff'authority to issue secure custody orders, the judge may not delegate authority to order that a juvenile be housed in a holdover facility. Holdover Facility Pending Training School Placement If the court commits a juvenile to the Office of Juvemle Justice for training school placement after the juvenile is adjudicated delinquent for a Class A. B 1. B2, C. D, or E felony, the court may house the juvenile in a holdover facility up to seventy-two hours, but only' il'the court determines, from information provided by the court counselor, that no acceptable alternative placement is available and that protection of the public requires that the juvenile be housed in a holdover facility. Law Enforceme0t Procedures in Delinquency Cases Action after Taking Juvenile into Custody The new code re/ams the former law's list of pes- sible courses of action available to a law enforcement officer who takes ajuvemle into temporary custody without a court order It directs officem to take the action "most appropriate" to the situation, the needs of the juvenile, and the protection of the public safety-- adding the reference to public safety and deleting reference to the "least restrictive" approach appropriate under the circumstances,