GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

H	2 

HOUSE BILL 29*
Committee Substitute Favorable 2/18/94

Short Title:  Longer Juvenile Commitments.	(Public)
─────────────────────────────────────── 
Sponsors:
─────────────────────────────────────── 
Referred to:  
─────────────────────────────────────── 

February 8, 1994

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR COMMITMENT OF JUVENILES ADJUDICATED DELINQUENT FOR CERTAIN FELONY OFFENSES TO AGE EIGHTEEN.
The General Assembly of North Carolina enacts:
Section 1. G.S. 7A-652(b) reads as rewritten:
"(b)	Commitment for an offense other than one that would be a Class A, B, C, D, or E felony if committed by an adult shall be for:
	(1)	An indefinite term not to exceed the eighteenth birthday of the juvenile; or
	(2)	A definite term not to exceed two years if the judge finds that the juvenile is 14 years of age or older, has been previously adjudicated delinquent for two or more felony offenses, and has been previously committed to a residential facility operated by the Division of Youth Services. The Division may reduce the duration of the definite commitment by an amount not to exceed twenty-five percent (25%) if the juvenile has not committed any major infractions of the regulations of any facility to which he is assigned, and the Division of Youth Services may move for a reduction of more than twenty-five percent (25%) pursuant to G.S. 7A-664.
Commitment for an offense that would be a Class A, B, C, D, or E felony if committed by an adult shall be for a definite term to expire on the earlier of (i)	the juvenile's eighteenth birthday or (ii) the expiration of the applicable period for the class of offense in the following table:
Class of Offense	Number of Months
A	Unlimited
B	135
C	 63
D	 55
E	25"
Sec. 2. G.S. 7A-652(b) reads as rewritten:
"(b)	Commitment for an offense other than one that would be a Class A, B, C, D, or E felony if committed by an adult shall be for:
	(1)	An indefinite term not to exceed the eighteenth birthday of the juvenile; or
	(2)	A definite term not to exceed two years if the judge finds that the juvenile is 14 years of age or older, has been previously adjudicated delinquent for two or more felony offenses, and has been previously committed to a residential facility operated by the Division of Youth Services. The Division may reduce the duration of the definite commitment by an amount not to exceed twenty-five percent (25%) if the juvenile has not committed any major infractions of the regulations of any facility to which he is assigned, and the Division of Youth Services may move for a reduction of more than twenty-five percent (25%) pursuant to G.S. 7A-664.
Commitment for an offense that would be a Class A, B, C, D, or E felony if committed by an adult shall be for a definite term to expire on the earlier of (i)	the juvenile's eighteenth birthday or (ii) the expiration of the maximum sentence in the presumptive minimum range provided in G.S. 15A-1340.17(c) for the applicable class of offense at prior record level one."
Sec. 3.  Section 1 of this act becomes effective upon ratification, applies to offenses committed on or after that date, and expires on the date that Section 1 of Chapter 538 of the 1993 Session Laws becomes effective.  Section 2 of this act becomes effective on the date that Section 1 of Chapter 538 of the 1993 Session Laws becomes effective and applies to offenses committed on or after that date.  The remainder of this act is effective upon ratification.