Archive

• What is the Maximum Commitment Period That Must be Noticed at Disposition in a Delinquency Case?

  This entry was contributed by Jacquelyn Greene on April 23, 2024 at 6:44 pm and is filed under Juvenile Justice, Juvenile Law.

  When the court issues an order of disposition committing a juvenile to a youth development center (YDC), that commitment is almost always required to be for an indefinite period of time that lasts at least six months. G.S.7B-2513(a). The court cannot order an end date for these commitments. However, the court is required to determine the maximum period the juvenile may remain committed before an extension would have to be filed or the juvenile must be released, and to notify the juvenile of that determination at the time disposition is ordered. G.S.7B-2513(a4). How should this maximum period of commitment be calculated? And is every commitment eligible for an extension? This post addresses these questions. Continue Reading

• Raise the Age Legislative Changes

  This entry was contributed by Jacquelyn Greene on October 26, 2021 at 8:22 am and is filed under Jurisdiction, Juvenile Justice, Juvenile Law.

  Parts I – IV of Session Law 2021-123 make changes to the statutory structure that raised the age of juvenile jurisdiction to include most offenses committed at ages 16 and 17. The most significant changes relate to new prosecutorial discretion to decline to transfer cases in which the most serious charge is a Class D – Class G felony and the ability to extend the length of jurisdiction when a juvenile is committed to a Youth Development Center (YDC) for a Class A – Class E felony committed at age 16 or 17. The raise the age changes in S.L. 2021-123 are detailed below. Continue Reading