PROCESSING OF YOUTHFUL AND JUVENILE OFFENDERS IN NORTH CAROLINA Youth Accountability Planning Task Force December 10, 2

1. Last Task Force meeting, heard from DOC on handling youthful offenders and DJJDP on handling juvenile offenders. Copies available. Now give a very broad overview of the process for handling each type of offender. Help raise issues for working groups. Last Task Force meeting, heard from DOC on handling youthful offenders and DJJDP on handling juvenile offenders. Copies available. Now give a very broad overview of the process for handling each type of offender. Help raise issues for working groups.

2. Definitions Youthful offender � a person who is 16 or 17 years of age and commits a crime or infraction. Juvenile � except for delinquent juveniles and undisciplined juveniles, any person who has not reached 18 years of age and is not married, emancipated, or a member of the armed forces. Delinquent juvenile � any juvenile who is 6 to 15 years of age and commits a crime or infraction. Minor � a person under 18 years of age. Youthful offender � not in statute; defined by the Task Force mandate. Juvenile � age is 18 for the purposes of describing the juvenile�s rights. G.S. 7B-1501(17). delinquency turns on committing an offense prior to age 16. G.S. 7B-1501(7). undisciplined �juveniles� include those 16-17 who are disobedient, runaway, or found in places unlawful for a juvenile to be. G.S. 7B-1501(27). Minor � �any person who has not reached the age of 18 years.� G.S. 48A-2. Youthful offender � not in statute; defined by the Task Force mandate. Juvenile � age is 18 for the purposes of describing the juvenile�s rights. G.S. 7B-1501(17). delinquency turns on committing an offense prior to age 16. G.S. 7B-1501(7). undisciplined �juveniles� include those 16-17 who are disobedient, runaway, or found in places unlawful for a juvenile to be. G.S. 7B-1501(27). Minor � �any person who has not reached the age of 18 years.� G.S. 48A-2.

3. Terminology Different terminology for different systems, different purposes. * �Juvenile� still applies in a couple of contexts, for minors in the adult system.Different terminology for different systems, different purposes. * �Juvenile� still applies in a couple of contexts, for minors in the adult system.

4. YOUTHFUL OFFENDERS

5. Offense profile of youthful offenders (FY 2007/08)

6. General Considerations Few provisions of the adult criminal process account for �youth.� The few provisions for youth are not uniform across statute and policy. Age distinctions include �minors,� �under 17,� �19 or 20,� and others. Certain criminal offenses exist only for minors or provide for youth in sentencing considerations. Most provisions in the adult system turn on whether or not the defendant is a �minor� � under the age of 18. �minor� � mitigating factor �under 17� � no death penalty �19 or 20� � lesser offense class for possession of beer. Offenses specific to age: Underaged possession of a malt beverage � Class 1 for under 19. Class 3 for 19 or 20. G.S. 18B-302(b)(1), and �302(i). Habitual felon status � can count as a predicate only one felony committed before age 18. G.S. 14-7.1. E.g., there are other age-specific offenses: Possession of a handgun by a minor is a Class 2 misdemeanor. G.S. 14-269.7.Most provisions in the adult system turn on whether or not the defendant is a �minor� � under the age of 18. �minor� � mitigating factor �under 17� � no death penalty �19 or 20� � lesser offense class for possession of beer. Offenses specific to age: Underaged possession of a malt beverage � Class 1 for under 19. Class 3 for 19 or 20. G.S. 18B-302(b)(1), and �302(i). Habitual felon status � can count as a predicate only one felony committed before age 18. G.S. 14-7.1. E.g., there are other age-specific offenses: Possession of a handgun by a minor is a Class 2 misdemeanor. G.S. 14-269.7.

7. Adult Jurisdiction Jurisdiction of the adult criminal system begins at age 16. Age is determined by date of offense. Juveniles 13-15, charged with felonies and transferred from juvenile jurisdiction, are tried and sentenced as adults. Generally treated the same whether the defendant is 16 or 60. Transfer is the other way of entering the adult system. These offenders would still exist under the proposed change and would presumably include some 16 and 17 year olds. Generally treated the same whether the defendant is 16 or 60. Transfer is the other way of entering the adult system. These offenders would still exist under the proposed change and would presumably include some 16 and 17 year olds.

8. Adult Process Law enforcement officer arrests a person with or without a warrant. Magistrate determines probable cause if there was not a warrant and whether to release the person on bail or commit them to a detention facility. Persons involved and their roles. LEO � Without a warrant but in presence of officer or, in certain cases, out of presence of officer. Parental Notification � G.S. 15A-505 Charging � notice in person or by phone, as soon as practicable; custody � notice in writing, 24 hours. Exceptions � minor traffic offenses or emancipated minors. Charge or custody for a felony requires notifying the principal of the child�s school Interrogation � Minors have the right to a parent�s presence. - Interrogation 7B-2101(a): A juvenile has the right to an attorney, and to a parent�s presence during questioning. 7B-2101(b): Confessions from juveniles <14 are not admissible, unless made in the presence of a parent. Parent cannot waive the right to counsel or to cease questioning. Magistrate � PC and bail v. detention. Bail - Bail statutes do not specify age as a factor. Considerations that may indirectly be affected by youth include: Family ties, Employment, Financial resources, Prior record, History of flight, Prior failures to appear. Find probable cause to continue or drop the charges. Persons involved and their roles. LEO � Without a warrant but in presence of officer or, in certain cases, out of presence of officer. Parental Notification � G.S. 15A-505 Charging � notice in person or by phone, as soon as practicable; custody � notice in writing, 24 hours. Exceptions � minor traffic offenses or emancipated minors. Charge or custody for a felony requires notifying the principal of the child�s school Interrogation � Minors have the right to a parent�s presence. - Interrogation 7B-2101(a): A juvenile has the right to an attorney, and to a parent�s presence during questioning. 7B-2101(b): Confessions from juveniles <14 are not admissible, unless made in the presence of a parent. Parent cannot waive the right to counsel or to cease questioning. Magistrate � PC and bail v. detention. Bail - Bail statutes do not specify age as a factor. Considerations that may indirectly be affected by youth include: Family ties, Employment, Financial resources, Prior record, History of flight, Prior failures to appear. Find probable cause to continue or drop the charges.

9. Adult Process District court judge holds first appearance and probable cause hearings. Prosecutor submits a bill of indictment to the grand jury or proceeds on a bill of information. Grand jury returns a true bill of indictment if it finds from the evidence probable cause for the charge made. District court judge First appearance: (96 hours if in custody) retained/assigned counsel, sufficiency of charge/dismiss, inform defendant of charge, determine or review eligibility for release. Waivable. Probable cause: Bind over for trial in superior court/set case for trial in district court/dismiss. If bound over, review eligibility for release. Prosecutor Involved throughout process. May offer deferred prosecution or dismiss. Grand jury Return true bill of indictment or not true bill as to the charges (may request bill as to lesser included or related offense). District court judge First appearance: (96 hours if in custody) retained/assigned counsel, sufficiency of charge/dismiss, inform defendant of charge, determine or review eligibility for release. Waivable. Probable cause: Bind over for trial in superior court/set case for trial in district court/dismiss. If bound over, review eligibility for release. Prosecutor Involved throughout process. May offer deferred prosecution or dismiss. Grand jury Return true bill of indictment or not true bill as to the charges (may request bill as to lesser included or related offense).

10. Conviction and Sentencing Defendant has the right to a trial by jury. Felony or misdemeanor punishment chart is used for sentencing. Cell that defendant falls into determines the length and type(s) of sentence authorized. Judge has some discretion.

13. Sentencing There are no mandatory considerations for youth in adult sentencing. Two mitigating factors in felony sentencing permit the court to consider a defendant�s �age, immaturity,� or status as a minor. Capital sentencing has age limits on execution and a mitigating factor for age. N.C. had prior �youthful offender� codes � the last of which was repealed by the Structured Sentencing Act. allowed early parole (without completing 25% of sentence) for offenders under 21, or under 25 if not convicted of an A � E felony. max term for a �committed youthful offender� status was the lower of max for the offense or 20 years. September 7, 2005 � DOC still had 159 CYOs, sentenced prior to the SSA. Mitigating factors in felony sentencing: G.S. 15A-1340.16(e)(4): �age, immaturity.� G.S. 15A-1340.16(e)(13): minor defendant with �reliable supervision available� Capital Sentencing Roper v. Simmons, 125 S.Ct. 1183, 2005 U.S. LEXIS 2200 (1 Mar 2005) Prior to Roper, N.C. prohibited death for offenses committed prior to age 17, unless committed while serving a sentence for a prior murder or on escape from such a sentence. G.S. 14-17. Mitigation: �age of the defendant� at the time of the offense can be a mitigator. �chronological age of the defendant is not the determinative factor under G.S. 15A-2000(f)(7).� State v. Oliver, 309 N.C. 326, 307 S.E.2d 304 (1983) BUT, absent sufficient evidence that the 20-year old had not developed normally mentally/emotionally, judge was not required to submit age as a possible mitigator. State v. Bowie, 340 N.C. 199, 456 S.E.2d 771 (1995) Execution of the mentally retarded is not permitted; must have manifested before age 18.N.C. had prior �youthful offender� codes � the last of which was repealed by the Structured Sentencing Act. allowed early parole (without completing 25% of sentence) for offenders under 21, or under 25 if not convicted of an A � E felony. max term for a �committed youthful offender� status was the lower of max for the offense or 20 years. September 7, 2005 � DOC still had 159 CYOs, sentenced prior to the SSA. Mitigating factors in felony sentencing: G.S. 15A-1340.16(e)(4): �age, immaturity.� G.S. 15A-1340.16(e)(13): minor defendant with �reliable supervision available� Capital Sentencing Roper v. Simmons, 125 S.Ct. 1183, 2005 U.S. LEXIS 2200 (1 Mar 2005) Prior to Roper, N.C. prohibited death for offenses committed prior to age 17, unless committed while serving a sentence for a prior murder or on escape from such a sentence. G.S. 14-17. Mitigation: �age of the defendant� at the time of the offense can be a mitigator. �chronological age of the defendant is not the determinative factor under G.S. 15A-2000(f)(7).� State v. Oliver, 309 N.C. 326, 307 S.E.2d 304 (1983) BUT, absent sufficient evidence that the 20-year old had not developed normally mentally/emotionally, judge was not required to submit age as a possible mitigator. State v. Bowie, 340 N.C. 199, 456 S.E.2d 771 (1995) Execution of the mentally retarded is not permitted; must have manifested before age 18.

14. Corrections Very few statutory requirements for �youthful offenders� in the care of the DOC. Priority of educational resources. Parental consent for surgery on a minor inmate. Nobody under 16 in Central Prison (with exceptions). Only statutory. Statutory Provisions � very few that control the disposition of youthful offenders in DOC, and most of those have exceptions. G.S. 148-22.1: inmates under 21 with sentences of at least 6 months and less than 5 years are given priority for expenditure of any funds for academic, vocational, or technical education. G.S. 148-22.2: surgery on a minor requires consent of �a responsible member of the inmate�s family, a guardian, or one having legal custody of the minor� G.S. 148-28: nobody under 16 in Central Prison, unless: convicted of a capital felony previously imprisoned for a felony (jail or DOC, not DJJDP) in the determination of the Secretary, he would not benefit from programs in centers for youthful offenders, or would be a detriment to such programs for others. for medical or psychiatric treatment.Only statutory. Statutory Provisions � very few that control the disposition of youthful offenders in DOC, and most of those have exceptions. G.S. 148-22.1: inmates under 21 with sentences of at least 6 months and less than 5 years are given priority for expenditure of any funds for academic, vocational, or technical education. G.S. 148-22.2: surgery on a minor requires consent of �a responsible member of the inmate�s family, a guardian, or one having legal custody of the minor� G.S. 148-28: nobody under 16 in Central Prison, unless: convicted of a capital felony previously imprisoned for a felony (jail or DOC, not DJJDP) in the determination of the Secretary, he would not benefit from programs in centers for youthful offenders, or would be a detriment to such programs for others. for medical or psychiatric treatment.

15. Corrections The Department of Correction addresses the needs of youthful offenders as a matter of policy. Separate facilities for youthful offenders: Males: Western Youth Institution Females: N.C. Correctional Institute for Women DCC operates the School Partnership Program for offenders in public schools, with Community or Intermediate Punishments. Almost all considerations for youth in DOC are policy-based. Assignment Males: Felons up to 18 and misdemeanants up to 22 are all processed through Western Youth Institution, most stay there unless there are mental health, medical, or security reasons. Females: NCCIW, stay if they require education. Can be placed at other facilities if no educational needs (custody). Dept of Community Correction School Partnership Program implementation depends on the needs of the district; e.g. some districts dedicate an officer to the program, whose entire caseload comes from the schools; others have blended caseloads. Almost all considerations for youth in DOC are policy-based. Assignment Males: Felons up to 18 and misdemeanants up to 22 are all processed through Western Youth Institution, most stay there unless there are mental health, medical, or security reasons. Females: NCCIW, stay if they require education. Can be placed at other facilities if no educational needs (custody). Dept of Community Correction School Partnership Program implementation depends on the needs of the district; e.g. some districts dedicate an officer to the program, whose entire caseload comes from the schools; others have blended caseloads.

16. Adult Expunction Expunction of certain records is permitted for youthful offenders who were convicted: Under 18: any misdemeanor (other than traffic) Under 21: possession of malt beverage or unfortified wine Expunction of charge, conditional discharge, or conviction for certain drug offenses is limited to persons under 21 at the time of the offense or the proceedings against him. First offense, conviction free period. First offense, conviction free period.

17. JUVENILE OFFENDERS

18. Juvenile Jurisdiction Jurisdiction of the juvenile system begins at age 6. Age is determined by date of offense. Exit juvenile system prior to 16th birthday. Exit prior to 16th birthday if there is no case currently under the jurisdiction of the court. When the court obtains jurisdiction over a juvenile, jurisdiction continues until terminated by order of the court or until the juvenile reaches the age of 18 years. Note - When a juvenile is committed to the Department of Juvenile Justice and Delinquency Prevention for placement in a youth development center, jurisdiction may continue beyond 18 (will discuss later). Exit prior to 16th birthday if there is no case currently under the jurisdiction of the court. When the court obtains jurisdiction over a juvenile, jurisdiction continues until terminated by order of the court or until the juvenile reaches the age of 18 years. Note - When a juvenile is committed to the Department of Juvenile Justice and Delinquency Prevention for placement in a youth development center, jurisdiction may continue beyond 18 (will discuss later).

19. Transfer to Superior Court Discretionary by the Judge -Ages 13-15 -Charged with a Class B1- I felony Mandatory -Ages 13-15 -Charged with Class A felony Becomes �adult� for future charges as well Connection between the juvenile system and the adult system. Felony offenses only. Sentenced as adult, no more involvement with the juvenile system (blend). Adult from this point on. Connection between the juvenile system and the adult system. Felony offenses only. Sentenced as adult, no more involvement with the juvenile system (blend). Adult from this point on.

20. Juvenile Process A complaint is filed. A juvenile court counselor makes a preliminary decision as to whether there is a case. If so, the counselor then determines whether a complaint should filed as a petition, the juvenile diverted, or the case resolved without further action. If counselor finds that the facts contained in the complaint do not state a case within the jurisdiction of the court, that legal sufficiency has not been established, or that the matters alleged are frivolous, counselor shall refuse authorization to file the complaint as a petition. Prosecutor may assist in determining sufficiency of evidence. Counselor shall file petition if find reasonable grounds to believe that the juvenile has committed a nondivertible offense (7B-1701). Diversion (7B-1706) is formal, statutory. Decision must come within 15 days, possible extension for maximum of 15 days. Complainant can request review by prosecutor of decision not to file. If counselor finds that the facts contained in the complaint do not state a case within the jurisdiction of the court, that legal sufficiency has not been established, or that the matters alleged are frivolous, counselor shall refuse authorization to file the complaint as a petition. Prosecutor may assist in determining sufficiency of evidence. Counselor shall file petition if find reasonable grounds to believe that the juvenile has committed a nondivertible offense (7B-1701). Diversion (7B-1706) is formal, statutory. Decision must come within 15 days, possible extension for maximum of 15 days. Complainant can request review by prosecutor of decision not to file.

21. Juvenile Process A juvenile court judge holds various hearings: First appearance if a juvenile is alleged to have committed a felony offense. Probable cause if a juvenile is alleged to have committed a felony offense while 13, 14, or 15 years old. Transfer if a juvenile is alleged to have committed a felony offense while 13, 14, or 15 years old. If felony offense alleged, juvenile must have a first appearance in juvenile court within 10 days of the filing of the petition. (If taken into custody, at initial secure custody hearing within 5 days of custody.) Probable cause within 15 days of first appearance. If probable cause is found, the court may, upon motion of the prosecutor or the juvenile�s attorney or upon its own motion transfer jurisdiction to superior court. If felony offense alleged, juvenile must have a first appearance in juvenile court within 10 days of the filing of the petition. (If taken into custody, at initial secure custody hearing within 5 days of custody.) Probable cause within 15 days of first appearance. If probable cause is found, the court may, upon motion of the prosecutor or the juvenile�s attorney or upon its own motion transfer jurisdiction to superior court.

22. Juvenile Process If a petition is filed, the juvenile is presumed indigent and appointed counsel. If the juvenile is placed in a detention center pending a court hearing, he or she has regular hearings before a judge but does not have the right to bail. Some differences from adult system. Some differences from adult system.

23. Adjudication and Disposition Both are done by the judge. No jury trials in juvenile court. Juvenile disposition chart is used. Cell that juvenile falls into determines the disposition(s) authorized. Judge has some discretion. Disposition only, not duration.Disposition only, not duration.

24. Disposition JUVENILE DISPOSITION CHART Level 1 � Community. Level 2 � Intermediate. Level 3 � Commitment. Differences from adult system: One continuous grid, felonies and misdemeanors. Three offense categories. Dispositional discretion varies, but overlap between Levels 1 and 2. No durations. Level 1 � Community. Level 2 � Intermediate. Level 3 � Commitment. Differences from adult system: One continuous grid, felonies and misdemeanors. Three offense categories. Dispositional discretion varies, but overlap between Levels 1 and 2. No durations.

25. Commitment Commit to the Department of Juvenile Justice and Delinquency Prevention. Juvenile must be at least 10 years old. Commitments are for a minimum of 6 months.

26. Types of Commitments Indefinite commitment to a Youth Development Center. Term not to exceed the following: To age 18 for juveniles committed for an F-I felony or any misdemeanor offense. To age 19 for juveniles committed for a B1-E felony. To age 21 for juveniles committed for 1st degree murder, 1st degree rape, 1st degree sex offense. Not beyond the minimum six-month commitment for a period of time in excess of the maximum term of imprisonment for which an adult in PRL VI for felonies or in PCL III for misdemeanors could be sentenced for the same offense, unless the Department determines that the commitment needs to be continue for an additional period to continue care or treatment under the plan of care or treatment.Not beyond the minimum six-month commitment for a period of time in excess of the maximum term of imprisonment for which an adult in PRL VI for felonies or in PCL III for misdemeanors could be sentenced for the same offense, unless the Department determines that the commitment needs to be continue for an additional period to continue care or treatment under the plan of care or treatment.

27. Types of Commitments Definite commitment to YDC. Term of 6 months up to 2 years. Juvenile must meet certain criteria. Non-YDC commitment. DJJDP can recommend that commitment services for a juvenile be provided in a program not located in a YDC.

28. Juvenile Expunction Record of a Class A � E Felony Adjudication cannot be expunged. Can be used as aggravating factor at sentencing in criminal court. All juvenile records are confidential and, with a few exceptions (juvenile, prosecutor, court counselor), may be examined only by order of the court.All juvenile records are confidential and, with a few exceptions (juvenile, prosecutor, court counselor), may be examined only by order of the court.

29. Juvenile Expunction Adjudications for Class F-I felonies and misdemeanors can be expunged if: Juvenile has reached the age of 18, and At least 18 months have elapsed since person was released from juvenile court, and Person has not subsequently had any adjudications or adult convictions (other than traffic).