North Carolina 2017-2018 Session Status: In Committee Bipartisan · 3 D · 1 R cosponsors

SB 146 — Juvenile Reinvestment Act.

Last action — Passed 1st Reading

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

595 added · 595 removed

Plain-language change summary

The revised version of Senate Bill 146 modifies the age limits under which a court can maintain jurisdiction over juvenile offenders. Specifically, it clarifies that if a juvenile accused of an offense committed between the ages of 16 and 17 turns 19 before the proceedings are completed, the court can continue to oversee the case. This change is significant as it aims to ensure that juveniles are held accountable for their actions through the legal process, even as they age out of the juvenile system, while also providing a structured timeline for handling their cases.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Feb 28, 2017 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 1 SENATE BILL 146* Short Title:
146 SESSION 2017 PRINCIPAL CLERK S D SENATE BILL DRS35067-MK-59B* (01/27) Short Title:
Senators Lowe and Ford (Primary Sponsors).
Senators Lowe, Ford (Primary Sponsors);
Bryant, Clark, Foushee, Robinson, Van Duyn, and Waddell.
A BILL TO BE ENTITLED AN ACT TO RAISE THE AGE OF JUVENILE JURISDICTION TO INCLUDE SIXTEEN- AND SEVENTEEN-YEAR-OLDS, EXCEPT IN THE CASE OF CERTAIN FELONIES;
Rules and Operations of the Senate March 1, 2017 A BILL TO BE ENTITLED AN ACT TO RAISE THE AGE OF JUVENILE JURISDICTION TO INCLUDE SIXTEEN- AND SEVENTEEN-YEAR-OLDS, EXCEPT IN THE CASE OF CERTAIN FELONIES;
(b) When the court obtains jurisdiction over a juvenile alleged to be delinquent, delinquent for an offense committed prior to the juvenile reaching the age of 16 years, jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 18 years, except as provided otherwise in this Article.
(b) When the court obtains jurisdiction over a juvenile alleged to be delinquent, delinquent for an offense committed prior to the juvenile reaching the age of 16 years, jurisdiction shall *S146-v-1* General Assembly Of North Carolina Session 2017 continue until terminated by order of the court or until the juvenile reaches the age of 18 years, except as provided otherwise in this Article.
*DRS35067-MK-59B* General Assembly Of North Carolina Session 2017 (b1) When the court obtains jurisdiction over a juvenile alleged to be delinquent for an offense committed while the juvenile was at least 16 years of age but less than 17 years of age, jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 19 years.
(b1) When the court obtains jurisdiction over a juvenile alleged to be delinquent for an offense committed while the juvenile was at least 16 years of age but less than 17 years of age, jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 19 years.
(2) Release Unless otherwise authorized in subdivision (2a) of this subsection, the juvenile shall be released to the juvenile's parent, guardian, or custodian if the Page 2 DRS35067-MK-59B* [v.2] (01/17) General Assembly Of North Carolina Session 2017 person having the juvenile in temporary custody decides that continued custody is unnecessary.
Page 2 Senate Bill 146*-First Edition General Assembly Of North Carolina Session 2017 (2) Release Unless otherwise authorized in subdivision (2a) of this subsection, the juvenile shall be released to the juvenile's parent, guardian, or custodian if the person having the juvenile in temporary custody decides that continued custody is unnecessary.
The court exercising jurisdiction over a juvenile who has been adjudicated delinquent may use the following alternatives in accordance with the dispositional structure set forth in G.S.
Senate Bill 146*-First Edition Page 3 General Assembly Of North Carolina Session 2017 The court exercising jurisdiction over a juvenile who has been adjudicated delinquent may use the following alternatives in accordance with the dispositional structure set forth in G.S.
DRS35067-MK-59B* [v.2] (01/17) Page 3 General Assembly Of North Carolina Session 2017 (1) In the case of any juvenile under the age of 18 years who needs more adequate care or supervision or who needs placement, the judge may:
(1) In the case of any juvenile under the age of 18 years who needs more adequate care or supervision or who needs placement, the judge may:
or c.
or Page 4 Senate Bill 146*-First Edition General Assembly Of North Carolina Session 2017 c.
…." Page 4 DRS35067-MK-59B* [v.2] (01/17) General Assembly Of North Carolina Session 2017 SECTION 1.9.
…." SECTION 1.9.
If the State proves by the preponderance of the evidence that an offense classified as a misdemeanor in the other jurisdiction is substantially similar to an offense classified as a Class A1 misdemeanor in North Carolina, the adjudication or conviction is treated as a Class A1 misdemeanor for assigning delinquency history level points.
If the State proves by the preponderance of the evidence that an offense classified as a misdemeanor in the other jurisdiction is substantially similar to an offense classified as a Class A1 misdemeanor in Senate Bill 146*-First Edition Page 5 General Assembly Of North Carolina Session 2017 North Carolina, the adjudication or conviction is treated as a Class A1 misdemeanor for assigning delinquency history level points.
DRS35067-MK-59B* [v.2] (01/17) Page 5 General Assembly Of North Carolina Session 2017 (1) Stipulation of the parties.
(1) Stipulation of the parties.
(a4) No juvenile shall be committed to a youth development center beyond the minimum six-month commitment for a period of time in excess of the maximum term of imprisonment for which an adult in prior record level VI for felonies or in prior conviction level III for misdemeanors could be sentenced for the same offense, except when the Division pursuant to G.S.
(a4) No juvenile shall be committed to a youth development center beyond the minimum six-month commitment for a period of time in excess of the maximum term of imprisonment for which an adult in prior record level VI for felonies or in prior conviction level III for misdemeanors could be sentenced for the same offense, except when the Division pursuant to Page 6 Senate Bill 146*-First Edition General Assembly Of North Carolina Session 2017 G.S.
At the time of commitment to a youth development center, the court shall determine the maximum period of time the juvenile may remain committed before a Page 6 DRS35067-MK-59B* [v.2] (01/17) General Assembly Of North Carolina Session 2017 determination must be made by the Division pursuant to G.S.
At the time of commitment to a youth development center, the court shall determine the maximum period of time the juvenile may remain committed before a determination must be made by the Division pursuant to G.S.
Any person who is at least 16 18 years old who knowingly or willfully causes, encourages, or aids any juvenile within the jurisdiction of the court to be in a place or condition, or to commit an act whereby the juvenile could be adjudicated delinquent, undisciplined, abused, or neglected as defined by G.S.
Senate Bill 146*-First Edition Page 7 General Assembly Of North Carolina Session 2017 Any person who is at least 16 18 years old who knowingly or willfully causes, encourages, or aids any juvenile within the jurisdiction of the court to be in a place or condition, or to commit an act whereby the juvenile could be adjudicated delinquent, undisciplined, abused, or neglected as defined by G.S.
DRS35067-MK-59B* [v.2] (01/17) Page 7 General Assembly Of North Carolina Session 2017 It is not necessary for the district court exercising juvenile jurisdiction to make an adjudication that any juvenile is delinquent, undisciplined, abused, or neglected in order to prosecute a parent or any person, including an employee of the Division of Juvenile Justice of the Department of Public Safety under this section.
It is not necessary for the district court exercising juvenile jurisdiction to make an adjudication that any juvenile is delinquent, undisciplined, abused, or neglected in order to prosecute a parent or any person, including an employee of the Division of Juvenile Justice of the Department of Public Safety under this section.
Except as provided in G.S.
Page 8 Senate Bill 146*-First Edition General Assembly Of North Carolina Session 2017 Except as provided in G.S.
Page 8 DRS35067-MK-59B* [v.2] (01/17) General Assembly Of North Carolina Session 2017 "§ 7B-1704.
"§ 7B-1704.
(b2) Except as provided in subsection (c) of this section, the juvenile court counselor may share information obtained from a juvenile's record with law enforcement officers sworn in this State if the information is necessary to assist the law enforcement officer in exercising his or her discretion during the investigation of an alleged offense.
(b2) Except as provided in subsection (c) of this section, the juvenile court counselor may share information obtained from a juvenile's record with law enforcement officers sworn in this State if the information is necessary to assist the law enforcement officer in exercising his or her Senate Bill 146*-First Edition Page 9 General Assembly Of North Carolina Session 2017 discretion during the investigation of an alleged offense.
DRS35067-MK-59B* [v.2] (01/17) Page 9 General Assembly Of North Carolina Session 2017 "(a) The chief court counselor shall maintain a record of all cases of juveniles under supervision of juvenile court counselors, to be known as the juvenile court counselor's record.
"(a) The chief court counselor shall maintain a record of all cases of juveniles under supervision of juvenile court counselors, to be known as the juvenile court counselor's record.
and (iii) entering into agreements with local law enforcement agencies to encourage and support diversion from the juvenile justice system without compromising school safety.
and (iii) entering into agreements with local law enforcement agencies to Page 10 Senate Bill 146*-First Edition General Assembly Of North Carolina Session 2017 encourage and support diversion from the juvenile justice system without compromising school safety.
Page 10 DRS35067-MK-59B* [v.2] (01/17) General Assembly Of North Carolina Session 2017 "(r) To Maintain Student Discipline.
"(r) To Maintain Student Discipline.
(11) Three members of the House of Representatives appointed by the Speaker of the House of Representatives.
Senate Bill 146*-First Edition Page 11 General Assembly Of North Carolina Session 2017 (11) Three members of the House of Representatives appointed by the Speaker of the House of Representatives.
DRS35067-MK-59B* [v.2] (01/17) Page 11 General Assembly Of North Carolina Session 2017 (13) Two chief court counselors appointed by the Governor, one to be from a rural county and one from an urban county.
(13) Two chief court counselors appointed by the Governor, one to be from a rural county and one from an urban county.
– The Advisory Committee shall submit an interim report containing the specific plan and the cost estimates for capital, operating, and staffing costs for implementation of this act, and including legislative, administrative, and funding recommendations necessary to implement the increase in juvenile jurisdiction to include 16- and 17-year-old persons by January 15, 2018, to the General Assembly with copies to the Joint Legislative Oversight Committee on Justice and Public Safety and to the Appropriations Committees on Justice and Public Safety of both houses.
– The Advisory Committee shall submit an interim report containing the specific plan and the cost estimates for capital, operating, and staffing costs for implementation of this act, and including legislative,administrative, and funding recommendations necessary to implement the increase in juvenile jurisdiction to include 16- and 17-year-old persons by January 15, 2018, to the General Assembly with copies to the Joint Legislative Oversight Committee on Justice and Public Safety and to the Appropriations Committees on Justice and Public Safety of both houses.
The Advisory Committee shall submit additional interim reports with updates on the planning steps completed toward implementation, including any legislative, administrative, and funding recommendations, annually by January 15 of each year.
The Advisory Committee shall submit Page 12 Senate Bill 146*-First Edition General Assembly Of North Carolina Session 2017 additional interim reports with updates on the planning steps completed toward implementation, including any legislative, administrative, and funding recommendations, annually by January 15 of each year.
The Advisory Committee shall submit a final report on the implementation of this act, and its findings and recommendations, including legislative, administrative, and funding Page 12 DRS35067-MK-59B* [v.2] (01/17) General Assembly Of North Carolina Session 2017 recommendations, by January 15, 2023, to the General Assembly and the Governor.
The Advisory Committee shall submit a final report on the implementation of this act, and its findings and recommendations, including legislative, administrative, and funding recommendations, by January 15, 2023, to the General Assembly and the Governor.
8 PART VII.
PART VII.
DRS35067-MK-59B* [v.2] (01/17) Page 13
Senate Bill 146*-First Edition Page 13
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Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules and Operations of the Senate

  3. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 7 co-sponsors · 171 not signed on

Sponsors (1)

Co-sponsors (7)

Not signed on (171)

171 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors SB 146?
SB 146 is sponsored by Van Duyn, Paul A. Lowe, Jr. (Democratic), Foushee, Clark, Bryant, Carl Ford (Republican), Gladys A. Robinson (Democratic), and Joyce Waddell (Democratic).
What is the current status of SB 146?
This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 146?
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