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Administration of Justice Bulletin No. 98/03 December 1998 - <br /> <br />comparable to those in former law. The new code. <br />however, requires that every post-release supervision <br />plan provide for at least ninety, days, but not more than <br />one year, of post-release supervision. Therefore, it <br />requires the OJ$ to release a juvemle under a plan of <br />post-release supervision at least ninety days before the <br />end of the juvenile's maximum tenn. It also requires <br />that the {~rt6s of post-releaSe suPervision be based on <br />the juvenile's needs and the protection of the public, <br />specifies that a juvenile on post-release supervision <br />must be suPervised by a court counselor, and provides <br />that post-release supervision must be terminated by <br />order of the court. <br /> On motion of the juvenile, motion of the court <br />counselor, or the court's own motion, and after notice, <br />the court may conduct a hearing to review the progress <br />of a juvenile on post-release supervision. If the court <br />determines by the greater weight of the evidence that <br />the juvenile has violated the terms of post-release <br />super~'ision, the court may revoke the post-release <br />supervision or make any other disposition authorized <br />by the code. If the court revokes post-release supervi- <br />sion, the.juvenile must be returned to the OJJ for <br />placement in a training school for an indefinite term of <br />at least nines' days. subject to the maximum commit- <br />ment periods described earlier. <br /> <br />Fair Treatment for Victims and Witnesses <br /> <br /> A~cle 45 of G.S, Chapter 1SA lists thirteen things <br />that employees of law-enforcement agencies, the <br />prosecutorial system, the judicial system, and the cor- <br />rectional ~'stem should make a reasonable effort to <br />accomplish for victims and witnesses of crimes. The <br />article defines "victim" as a person against whom there <br />is probable cause to believe that a crime has been <br />committed. It defines "crime" to include, among other <br />things, any act committed by a juvenile that, ffcom- <br />mitred by a competent adult, would constitute a felony. <br />Section 19.4 of S.L. 1998-212 (S 1366), the Current <br />Operations Appropriations and Capital Improvement <br />Appropriations Act of 1998, rewrites that part of the <br />definition to also include acts that would be serious <br />misdemeanors. <br /> S.L. 1998-212 also adds to G.S. Chapter 1SA a <br />new Article 45A. the Crime Victims' Rights Act, <br />which creates substantive rights and obligations relat- <br />ing to crime victims and witnesses. The new article <br />does not apply to delinquent acts comnutted by <br />juveniles. <br /> <br />Recidivism Rates <br /> <br /> S,L. 1998-202 retains the requirements for an <br />annual computation and report of the recidivism rates <br />of juveniles who are adjudicated delinquent for A <br />through E felony offenses, but transfers these respon- <br />sibilities from the Administrative Office of the Courts <br />to the Office of Juvenile Justice and changes from <br />December 1 to February 15 the date by which the <br />report must be made. <br /> Section 16.2 of S.L. 1998-212 (S 1366) makes the <br />same change in current law (G.S. 7A-675.3) regarding <br />the date the report is due. Thus, the Administrative <br />Office of the Courts must make its last report of <br />recidivism statistics by February 15, 1999. <br /> <br />Authority over Parent, Guardian, or <br />Custodian <br /> <br /> The new code requires the parent, guardian, or <br />custodian of a juvenile under the juvenile court's jttris- <br />diction to attend all hearings of which that person has <br />notice, unless the court has excused the person's <br />apPearance at a particular hearing or all hearings. The <br />willful failure to attend, unless excused, is grounds for <br />contempt. <br /> A new provision prohibits any employer from dis- <br />charging, demoting, or denying a promotion or other <br />benefit of employment to any employee because of <br />that person's compliance with this or other obligations <br />the code places on a juvenile's parent, guardian, or <br />custodian. The code charges the Commissioner of <br />Labor ~ith enforcing the prohibition pursuant to <br />Article 21 of G.S. Chapter 95. Ln that chapter. G.S. 95- <br />241(a) is rewritten to prohibit any person from dis- <br />criminating or taking retaliatory action against an em- <br />ployee because the employee in good faith complies or <br />threatens to comply with those obligations under the <br />Juvenile Code. <br /> After adjudication that a juvenile is undisciplined <br />or delinquent, the court may order the juvenile's <br />parent, guardian, or custodian <br /> <br /> I. to cooPerate with and assist the juvenile in <br /> compl.ving with the terms and conditions of <br /> probation or other court orders; <br /> 2. to attend parental responsibiliLy classes, if <br /> they are available in the judicial district in <br /> which that person resides; <br /> 3, to the extent the Person is able to do so. to <br /> provide transportation for the juvenile to keep <br /> appointments with a court counselor or to <br /> comply with other orders of the court. <br /> <br />22 <br /> <br /> <br />