§ 7B-2513. Commitment of delinquent juvenile to Department. - North Carolina Statutes

§ 7B‑2513.  Commitmentof delinquent juvenile to Department.

(a)        Pursuant to G.S. 7B‑2506and G.S. 7B‑2508, the court may commit a delinquent juvenile who is atleast 10 years of age to the Department for placement in a youth developmentcenter. Commitment shall be for an indefinite term of at least six months. Inno event shall the term exceed:

(1)        The twenty‑firstbirthday of the juvenile if the juvenile has been committed to the Departmentfor an offense that would be first‑degree murder pursuant to G.S. 14‑17,first‑degree rape pursuant to G.S. 14‑27.2, or first‑degreesexual offense pursuant to G.S. 14‑27.4 if committed by an adult;

(2)        The nineteenthbirthday of the juvenile if the juvenile has been committed to the Departmentfor an offense that would be a Class B1, B2, C, D, or E felony if committed byan adult, other than an offense set forth in subdivision (1) of thissubsection; or

(3)        The eighteenthbirthday of the juvenile if the juvenile has been committed to the Departmentfor an offense other than an offense that would be a Class A, B1, B2, C, D, orE felony if committed by an adult.

Nojuvenile shall be committed to a youth development center beyond the minimumsix‑month commitment for a period of time in excess of the maximum termof imprisonment for which an adult in prior record level VI for felonies or inprior conviction level III for misdemeanors could be sentenced for the sameoffense, except when the Department pursuant to G.S. 7B‑2515 determinesthat the juvenile's commitment needs to be continued for an additional periodof time to continue care or treatment under the plan of care or treatmentdeveloped under subsection (f) of this section. At the time of commitment to ayouth development center, the court shall determine the maximum period of timethe juvenile may remain committed before a determination must be made by theDepartment pursuant to G.S. 7B‑2515 and shall notify the juvenile of thatdetermination.

(b)        The court maycommit a juvenile to a definite term of not less than six months and not morethan two years if the court finds that the juvenile is 14 years of age orolder, has been previously adjudicated delinquent for two or more felonyoffenses, and has been previously committed to a youth development center.

(c)        The chief courtcounselor shall have the responsibility for transporting the juvenile to theyouth development center designated by the Department. The juvenile shall beaccompanied to the youth development center by a person of the same sex.

(d)        The chief court counselorshall ensure that the records requested by the Department accompany thejuvenile upon transportation for admittance to a youth development center or,if not obtainable at the time of admission, are sent to the youth developmentcenter within 15 days of the admission. If records requested by the Departmentfor admission do not exist, to the best knowledge of the chief court counselor,the chief court counselor shall so stipulate in writing to the youthdevelopment center. If such records do exist, but the chief court counselor isunable to obtain copies of them, a district court may order that the recordsfrom public agencies be made available to the youth development center. Recordsthat are confidential by law shall remain confidential and the Department shallbe bound by the specific laws governing the confidentiality of these records.All records shall be used in a manner consistent with the best interests of thejuvenile.

(e)        A commitment orderaccompanied by information requested by the Department shall be forwarded tothe Department. The Department shall place the juvenile in the youthdevelopment center that would best provide for the juvenile's needs and shallnotify the committing court. The Department may assign a juvenile committed fordelinquency to any institution of the Department or licensed by the Department,which program is appropriate to the needs of the juvenile.

The Department, afterassessment of the juvenile, may provide commitment services to the juvenile ina program not located in a youth development center or detention facility. Ifthe Department recommends that commitment services for the juvenile are to beprovided in a setting that is not located in a youth development center ordetention facility, the Department shall file a motion, along with informationabout the recommended services for the juvenile, with the committing courtprior to placing the juvenile in the identified commitment program. TheDepartment shall send notice of the motion to the District Attorney, the juvenile,and the juvenile's attorney. Upon receipt of the motion filed by theDepartment, the court may enter an order without the appearance of witnessesand without hearing if the court determines that the identified commitmentprogram is appropriate and a hearing is not necessary. The court must hold ahearing if the juvenile or the juvenile's attorney requests a hearing. If thecourt notifies the Department of its intent to hold a hearing, the date forthat hearing shall be set by the court and the Department shall place thejuvenile in a youth development center or detention facility until thedetermination of the court at that hearing.

(f)         When the courtcommits a juvenile to the Department for placement in a youth developmentcenter, the Department shall prepare a plan for care or treatment within 30days after assuming custody of the juvenile.

(g)        Commitment of ajuvenile to the Department for placement in a youth development center does notterminate the court's continuing jurisdiction over the juvenile and thejuvenile's parent, guardian, or custodian. Commitment of a juvenile to theDepartment for placement in a youth development center transfers only physicalcustody of the juvenile. Legal custody remains with the parent, guardian,custodian, agency, or institution in whom it was vested.

(h)        Pending placementof a juvenile with the Department, the court may house a juvenile who has beenadjudicated delinquent for an offense that would be a Class A, B1, B2, C, D, orE felony if committed by an adult in a holdover facility up to 72 hours if thecourt, based on the information provided by the juvenile court counselor,determines that no acceptable alternative placement is available and theprotection of the public requires that the juvenile be housed in a holdoverfacility.

(i)         A juvenile who iscommitted to the Department for placement in a youth development center shallbe tested for the use of controlled substances or alcohol. The results of thisinitial test shall be incorporated into the plan of care as provided insubsection (f) of this section and used for evaluation and treatment purposesonly.

(j)         When a juvenile iscommitted to the Department for placement in a youth development center for anoffense that would have been a Class A or B1 felony if committed by an adult,the chief court counselor shall notify the victim and members of the victim'simmediate family that the victim, or the victim's immediate family members mayrequest in writing to be notified in advance of the juvenile's scheduled releasedate in accordance with G.S. 7B‑2514(d). (1979, c. 815, s. 1; 1983, c. 133, s. 2; 1987, c. 100;c. 372; 1991, c. 434, ss. 2, 3; 1995 (Reg. Sess., 1996), c. 609, s. 2; 1997‑443,s. 11A.118(a); 1998‑202, s. 6; 1999‑423, s. 1; 2000‑137, s.3; 2001‑95, s. 5; 2001‑490, s. 2.26; 2003‑53, s. 1.)