Two changes in the law have led to a new phenomenon—the need for youth under the age of 18 to satisfy conditions of pretrial release while being confined in a juvenile detention facility. First, the Juvenile Justice Reinvestment Act (JJRA) raised the age of juvenile court jurisdiction for offenses committed at ages 16 and 17 on or after December 1, 2019. The JJRA includes a broad mandatory transfer provision, requiring that many felony matters shift from juvenile to superior court jurisdiction. G.S. 7B-2200.5(a). When that happens, the rules of criminal procedure (including those governing pretrial release) apply rather than the rules for juvenile cases. Second, Part II of Session Law 2020-83 required that the few minors who continue to be processed as adults in the criminal system from the outset of their cases be held in juvenile detention instead of adult jails. The release of minors subject to criminal rather than juvenile jurisdiction is governed by the usual criminal process for setting and satisfying conditions for pretrial release. Those conditions sometimes require posting a bond. But juvenile detention facilities are not equipped to process bonds. So how does this work? This post will review the circumstances in which a youth confined in juvenile detention may need to post bond, the impediments to doing so, and potential ways to address those problems. Continue Reading
Archive
Tag: Juvenile Justice
-
-
Juvenile Justice Pandemic Lessons
The Juvenile Jurisdiction Advisory Committee (JJAC) met on May 15th. The meeting began with a presentation from William Lassiter, Deputy Secretary for Juvenile Justice. While the goal of the presentation was to provide data on trends since implementation of raise the age and the resulting resource needs, the presentation included information and data about juvenile justice system trends during this unprecedented pandemic. The data left me wondering—can changes in juvenile justice system utilization during the pandemic teach us lessons for the functioning of the system outside of a pandemic? Continue Reading
-
New Juvenile Justice Resource at the Administrative Office of the Courts
The Office of General Counsel of the North Carolina Administrative Office of the Courts (NCAOC) provides advice and counsel to judicial officials and other NC Judicial Branch employees. They do not provide legal advice to the public or to litigants on either side of a court case. In addition to providing legal counsel, the Office of General Counsel assists Judicial Branch committees, task forces and work groups with the development and management of procedures, programs, and strategies that support the judicial community. They also review, monitor, and summarize legislative bills.
Continue Reading