GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	2 

HOUSE BILL 1092*
Committee Substitute Favorable 5/7/93

Short Title:  Juv. Prob./School Protection.	(Public)
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Sponsors:
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Referred to: 
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April 19, 1993

A BILL TO BE ENTITLED
AN ACT TO REQUIRE JUVENILE COURT COUNSELORS TO NOTIFY SCHOOL OFFICIALS IN CERTAIN CASES WHEN A JUVENILE IS ADJUDICATED DELINQUENT AND IS ORDERED TO ATTEND SCHOOL AS A CONDITION OF PROBATION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 7A-649(8) reads as rewritten:
"(8)	Place the juvenile on probation under the supervision of a court counselor. In any case where a juvenile is placed on probation, the court counselor shall have the authority to visit the juvenile where the juvenile resides. The judge shall specify conditions of probation that are related to the needs of the juvenile including any of the following which apply:
a.	That the juvenile shall remain on good behavior and not violate any laws;
b.	That the juvenile attend school regularly;
	Whenever the judge specifies school attendance pursuant to this subsubdivision as a condition of probation as a disposition for an adjudication of delinquency for an offense involving a threat to the safety of the juvenile or others, the judge shall make a finding whether or not the principal of the school the juvenile is required to attend should be notified of the adjudication of delinquency. If the judge makes a finding that the principal should be notified, the juvenile court counselor shall, within five days, notify the principal of the school which the juvenile is required to attend of the nature of the offense and the terms of the juvenile's probation pertaining to school attendance. A principal notified by the juvenile counselor shall keep the confidence of the communication unless and until the principal has a reasonable belief that the juvenile is an actual threat to the safety of the juvenile, other students, employees, or volunteers at the school and that communicating the confidence is necessary to protect the safety of the juvenile, other students, employees, or volunteers at the school;
c.	That the juvenile not associate with specified persons or be in specified places;
d.	That the juvenile report to a court counselor as often as required by a court counselor;
e.	That the juvenile make specified financial restitution or pay a fine in accordance with subdivisions (2) and (3);
f.	That the juvenile be employed regularly if not attending school.
	An order of probation shall remain in force for a period not to exceed one year from the date entered. Prior to expiration of an order of probation, the judge may extend it for an additional period of one year after a hearing if the judge finds that the extension is necessary to protect the community or to safeguard the welfare of the juvenile;".
Sec. 2.  This act becomes effective October 1, 1993, and applies to orders of probation for adjudications of delinquency for acts committed on or after that date.