GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

S	2 

SENATE BILL 141
Select Committee on Juveniles/Prevention Committee Substitute Adopted 3/10/94

Short Title:  Treatment of Youthful Offenders.	(Public)
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Sponsors:
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Referred to: Appropriations. 
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February 15, 1994

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR SPECIAL TREATMENT OF YOUTHFUL OFFENDERS.
Section 1.  Chapter 148 of the General Statutes is amended by adding a new Article 3C to read as follows:
"ARTICLE 3C.
"Facilities and Programs for Youthful Offenders.
"§ 148-49.17.  Purposes of Article.
The purposes of this Article are to improve the chances of correction, rehabilitation, and successful return to the community of youthful offenders sentenced to imprisonment by preventing, as far as practicable, their association during their terms of imprisonment with older and more experienced criminals, and by closer coordination of the activities of sentencing and training in custody.
"§ 148-49.18.  Definitions.
As used in this Article, a 'youthful offender' is a person under 21 years of age in the custody of the Secretary of  Correction or a person under 25 years of age who is in the custody of the Secretary of Correction but who has not been convicted of a violent or a Class A, B, C, D, E, F, or G felony.
"§ 148-49.19.  Treatment of youthful offenders.
(a)	The Secretary of Correction shall house youthful offenders under 21 years of age in facilities separate from prisoners more than 21 years of age, unless the program needs of such youthful offender cannot be provided in facilities designated for youthful offenders. Those youthful offenders more than 21 years of age shall be housed in accordance with policies established by the Secretary of Correction. Only in instances where the program needs of a youthful offender or the resources of the Department of Correction prohibit housing in facilities designated for youthful offenders may the youthful offender be assigned to any prison facility pursuant to G.S. 148-4 and G.S. 148-36 as the Secretary of Correction shall deem appropriate. Facilities designated for the housing of youthful offenders shall be, to the extent feasible, adapted to the needs and treatment of youthful offenders. The Secretary shall endeavor to provide personnel specially qualified by training, experience, and personality for treatment of youthful offenders.
(b)	The Department of Human Resources is authorized to establish and construct on any property of the State under its supervision and control modern facilities where youthful offenders committed to the custody of the Secretary of Correction may be sent for treatment, training, or work under rules and regulations jointly adopted by the Department of Human Resources and the Department of Correction. The plans, specifications, and construction of such facilities shall meet the requirements of the Secretary of Correction. The cost of the maintenance of youthful offenders assigned to such facilities by the Secretary of Correction and employed in work for the benefit of the Department of Human Resources shall be borne by the Department of Human Resources. The youthful offenders assigned to such facilities shall be under the care and supervision of agents and employees of the Department of Correction or of agents and employees of the Department of Human Resources as may be agreed upon by the two State agencies.
(c)	Youthful offenders may be required to participate in vocational, educational, and correctional training and activities. Appropriate use may be made of other methods of treatment, including medical and psychiatric. The Secretary of Correction may extend the limits of the place of confinement of a youthful offender when there is reasonable cause to believe that the youthful offender will honor the Secretary's  trust by authorizing the youthful offender, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period  of time for any purpose consistent with the public interest. Willful failure to remain within the extended limits of his confinement, or to return within the time prescribed to the place of confinement designated by the Secretary of Correction, shall be deemed an escape from the custody of the Secretary as provided in G.S. 148-45.
(d)	The Secretary of Correction may contract with any appropriate public or private agency not under the Secretary's control for treatment and training services to youthful offenders when this is the most economical or effective way to provide needed services.
"§ 148-49.20.  Classification studies.
Every youthful offender shall first be sent to a diagnostic and classification center for study, including a mental and physical examination, to ascertain the youthful offender's  personal traits, capabilities, pertinent circumstances of school and family life, any previous delinquency or criminal experience, and any mental or physical defect or other factor contributing to the youthful offender's delinquency and criminal activities. All agencies of State and local government in North Carolina shall cooperate with the Department of Correction in supplying or verifying information helpful for diagnosis, classification, and program planning for youthful offenders. A report of the findings and recommendations of the diagnostic and classification center shall be sent to the Secretary of Correction and shall be made available to the Post-Release Supervision and Parole Commission and to the Department of Human Resources if needed.
"§ 148-49.21.  Recommendation for commutation.
Upon attaining the age of 18, a youthful offender in the custody of the Secretary of Correction for an offense committed prior to the age of 16 may request from the court in the judicial district where the youthful offender was sentenced a recommendation in support of commutation if an application for commutation is made to the Governor. The court may make such recommendation only upon (i) a review of all pertinent records, including, but not limited to, the criminal, prison, medical and mental histories of the youthful offender and (ii) a finding that the youthful offender is ready to be released from the custody of the Secretary of Correction by clear and convincing evidence.  The court shall forward to the Governor any recommendation in support of or in opposition to commutation for the Governor's consideration.
Notice of a hearing and opportunity to be heard at a hearing held pursuant to this section shall be given to the victim or the victim's family if the victim is deceased or incapacitated.
Nothing in this section shall be construed to limit or restrict the right of (i) the youthful offender to apply for commutation, or (ii) the Governor to exercise the power to commute sentences within the discretion of the Governor."
Sec. 2.  This act becomes effective when Section 1 of Chapter 538 of the 1993 Session Laws becomes effective and applies to offenses committed on or after that date.