§ 7B-2516. Revocation of post-release supervision. - North Carolina Statutes

§ 7B‑2516.  Revocationof post‑release supervision.

(a)        On motion of thejuvenile court counselor providing post‑release supervision or motion ofthe juvenile, or on the court's own motion, and after notice, the court mayhold a hearing to review the progress of any juvenile on post‑releasesupervision at any time during the period of post‑release supervision.With respect to any hearing involving allegations that the juvenile hasviolated the terms of post‑release supervision, the juvenile:

(1)        Shall have reasonablenotice in writing of the nature and content of the allegations in the motion,including notice that the purpose of the hearing is to determine whether thejuvenile has violated the terms of post‑release supervision to the extentthat post‑release supervision should be revoked;

(2)        Shall be representedby an attorney at the hearing;

(3)        Shall have the rightto confront and cross‑examine witnesses; and

(4)        May admit, deny, orexplain the violation alleged and may present proof, including affidavits orother evidence, in support of the juvenile's contentions. A record of theproceeding shall be made and preserved in the juvenile's record.

(b)        If the courtdetermines by the greater weight of the evidence that the juvenile has violatedthe terms of post‑release supervision, the court may revoke the post‑releasesupervision or make any other disposition authorized by this Subchapter.

(c)        If the courtrevokes post‑release supervision, the juvenile shall be returned to theDepartment for placement in a youth development center for an indefinite termof at least 90 days, provided, however, that no juvenile shall remain committedto the Department for placement in a youth development center past:

(1)        The juvenile'stwenty‑first birthday if the juvenile has been committed to theDepartment for an offense that would be first‑degree murder pursuant toG.S. 14‑17, first‑degree rape pursuant to G.S. 14‑27.2, orfirst‑degree sexual offense pursuant to G.S. 14‑27.4 if committedby an adult.

(2)        The juvenile'snineteenth birthday if the juvenile has been committed to the Department for anoffense that would be a Class B1, B2, C, D, or E felony if committed by anadult, other than an offense set forth in G.S. 7B‑1602(a).

(3)        The juvenile'seighteenth birthday if the juvenile has been committed to the Department for anoffense other than an offense that would be a Class A, B1, B2, C, D, or Efelony if committed by an adult. (1979, c. 815, s. 1; 1998‑202, s. 6; 2000‑137,s. 3; 2001‑95, s. 5; 2001‑490, s. 2.29.)