GENERAL ASSEMBLY OF NORTH CAROLINA
Judiciary I Committee Substitute Adopted 3/28/01
Corrected Copy 3/29/01
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Short Title: Criminal Justice Standards Commission Change. |
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AN ACT TO MAKE CHANGES TO THE MEMBERSHIP OF THE NORTH CAROLINA CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS COMMISSION, TO CLARIFY THE ENFORCEMENT POWERS OF THE COMMISSION, TO REPEAL THE REMOVAL OF THE DEPARTMENT OF CORRECTION FROM THE COMMISSION, AS RECOMMENDED BY THE JOINT LEGISLATIVE CORRECTIONS AND CRIME CONTROL OVERSIGHT COMMITTEE, and to make conforming changes for the department of juvenile justice and delinquency prevention.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 7B-1501 reads as rewritten:
"§ 7B-1501. Definitions.
In this Subchapter, unless the context clearly requires otherwise, the following words have the listed meanings:
(1) Chief court counselor. - The person responsible for administration and supervision of juvenile intake, probation, and post-release supervision in each judicial district, operating under the supervision of the Department of Juvenile Justice and Delinquency Prevention.
(2) Clerk. - Any clerk of superior court, acting clerk, or assistant or deputy clerk.
(3) Community-based program. - A program providing nonresidential or residential treatment to a juvenile under the jurisdiction of the juvenile court in the community where the juvenile's family lives. A community-based program may include specialized foster care, family counseling, shelter care, and other appropriate treatment.
(4) Court. - The district court division of the General Court of Justice.
(5) Court
counselor. - A person responsible for probation and post-release supervision to
juveniles under the supervision of the chief court counselor.
(6) Custodian. - The person or agency that has been awarded legal custody of a juvenile by a court.
(7) Delinquent juvenile. - Any juvenile who, while less than 16 years of age but at least 6 years of age, commits a crime or infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws.
(7a) Department. - The Department of Juvenile Justice and Delinquency Prevention created under Article 12 of Chapter 143B of the General Statutes.
(8) Detention. - The secure confinement of a juvenile under a court order.
(9) Detention facility. - A facility approved to provide secure confinement and care for juveniles. Detention facilities include both State and locally administered detention homes, centers, and facilities.
(10) District. - Any district court district as established by G.S. 7A-133.
(11) Holdover facility. - A place in a jail which has been approved by the Department of Health and Human Services as meeting the State standards for detention as required in G.S. 153A-221 providing close supervision where the juvenile cannot converse with, see, or be seen by the adult population.
(12) House arrest. - A requirement that the juvenile remain at the juvenile's residence unless the court or the juvenile court counselor authorizes the juvenile to leave for specific purposes.
(13) Intake counselor. - A
person who screens and evaluates a complaint alleging that a juvenile is
delinquent or undisciplined to determine whether the complaint should be filed
as a petition.
(13) Intake. - The process of screening and evaluating a complaint alleging that a juvenile is delinquent or undisciplined to determine whether the complaint should be filed as a petition.
(14) Interstate Compact on Juveniles. - An agreement ratified by 50 states and the District of Columbia providing a formal means of returning a juvenile, who is an absconder, escapee, or runaway, to the juvenile's home state, and codified in Article 28 of this Chapter.
(15) Judge. - Any district court judge.
(16) Judicial district. - Any district court district as established by G.S. 7A-133.
(17) Juvenile. - Except as provided in subdivisions (7) and (27) of this section, any person who has not reached the person's eighteenth birthday and is not married, emancipated, or a member of the armed forces of the United States. Wherever the term "juvenile" is used with reference to rights and privileges, that term encompasses the attorney for the juvenile as well.
(18) Juvenile court. - Any district court exercising jurisdiction under this Chapter.
(18a) Juvenile Court Counselor. - A person responsible for intake services and court supervision services to juveniles under the supervision of the chief court counselor.
(19) Repealed by Session Laws 2000, c. 137, s. 2.
(20) Petitioner. - The individual who initiates court action by the filing of a petition or a motion for review alleging the matter for adjudication.
(21) Post-release supervision. - The supervision of a juvenile who has been returned to the community after having been committed to the Department for placement in a training school.
(22) Probation. - The status of a juvenile who has been adjudicated delinquent, is subject to specified conditions under the supervision of a court counselor, and may be returned to the court for violation of those conditions during the period of probation.
(23) Prosecutor. - The district attorney or assistant district attorney assigned by the district attorney to juvenile proceedings.
(24) Protective supervision. - The status of a juvenile who has been adjudicated undisciplined and is under the supervision of a court counselor.
(25) Teen court program. - A community resource for the diversion of cases in which a juvenile has allegedly committed certain offenses for hearing by a jury of the juvenile's peers, which may assign the juvenile to counseling, restitution, curfews, community service, or other rehabilitative measures.
(26) Training school. - A secure residential facility authorized to provide long-term treatment, education, and rehabilitative services for delinquent juveniles committed by the court to the Department.
(27) Undisciplined juvenile. -
a. A juvenile who, while less than 16 years of age but at least 6 years of age, is unlawfully absent from school; or is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours; or
b. A juvenile who is 16 or 17 years of age and who is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours.
(28) Wilderness program. - A rehabilitative residential treatment program in a rural or outdoor setting.
The singular includes the plural, unless otherwise specified."
SECTION 2. G.S. 17C-2(3) reads as rewritten:
"(3) Criminal justice
officers. - The administrative and subordinate personnel of all the
departments, agencies, units or entities comprising the criminal justice
agencies who are sworn law-enforcement officers, both State and local, with the
power of arrest; revenue law enforcement officers; State correctional
officers; State probation/parole officers; State probation/parole
officers-surveillance; officers, supervisory and administrative personnel
of local confinement facilities; State youth services officers; State
probation/parole intake officers; State probation/parole officers-surveillance;
State probation/parole intensive officers; and State parole case analysts. State
juvenile justice officers; chief court counselors; and juvenile court
counselors."
SECTION 3. G.S. 17C-3 reads as rewritten:
"(a) There is established
the North Carolina Criminal Justice Education and Training Standards
Commission, hereinafter called 'the Commission.' The Commission shall be
composed of 26 31 members as follows:
(1) Police Chiefs. - Three police chiefs selected by the North Carolina Association of Chiefs of Police and one police chief appointed by the Governor.
(2) Police Officers. - Three police officials appointed by the North Carolina Police Executives Association and two criminal justice officers certified by the Commission as selected by the North Carolina Law-Enforcement Officers' Association.
(3) Departments. - The
Attorney General of the State of North Carolina; the Secretary of the Department
of Crime Control and Public Safety; the Secretary of the Department of
Correction; the President of the North Carolina System of Community
Colleges. North Carolina Community Colleges System; the Secretary of the
Department of Juvenile Justice and Delinquency Prevention.
(3a) A representative of the
Office of Juvenile Justice.
(4) At-large Groups. - One individual representing and appointed by each of the following organizations: one mayor selected by the League of Municipalities; one law-enforcement training officer selected by the North Carolina Law-Enforcement Training Officers' Association; one criminal justice professional selected by the North Carolina Criminal Justice Association; one sworn law-enforcement officer selected by the North State Law-Enforcement Officers' Association; one member selected by the North Carolina Law-Enforcement Women's Association; and one District Attorney selected by the North Carolina Association of District Attorneys.
(5) Citizens and Others. - The President of The University of North Carolina; the Director of the Institute of Government; and two citizens, one of whom shall be selected by the Governor and one of whom shall be selected by the Attorney General. The General Assembly shall appoint two persons, one upon the recommendation of the Speaker of the House of Representatives and one upon the recommendation of the President Pro Tempore of the Senate. Appointments by the General Assembly shall be made in accordance with G.S. 120-122. Appointments by the General Assembly shall serve two-year terms to conclude on June 30th in odd-numbered years.
(6) Correctional Officers. - Two correctional officers in management positions employed by the Department of Correction shall be appointed, one from the Division of Community Corrections upon the recommendation of the Speaker of the House of Representatives and one from the Division of Prisons upon the recommendation of the President Pro Tempore of the Senate. Appointments by the General Assembly shall be made in accordance with G.S. 120-122. Appointments by the General Assembly shall serve two-year terms to conclude on June 30th in odd-numbered years. Two correctional officers in management positions employed by the Department of Correction, one assigned to the Division of Community Corrections and the other assigned to the Division of Prisons, shall be selected by the Governor. One correctional officer employed by the Department of Correction and assigned to the Office of Staff Development and Training shall be appointed by the Secretary of Correction. These appointments by the Governor and the Secretary of Correction shall serve three-year terms.
(b) The members shall be appointed for staggered terms. The initial appointments shall be made prior to September 1, 1983, and the appointees shall hold office until July 1 of the year in which their respective terms expire and until their successors are appointed and qualified as provided hereafter:
For the terms of one year: one member from subdivision (1) of subsection (a), serving as a police chief; three members from subdivision (2) of subsection (a), one serving as a police official, and two criminal justice officers; one member from subdivision (4) of subsection (a), appointed by the North Carolina Law-Enforcement Training Officers' Association; and two members from subdivision (5) of subsection (a), one appointed by the Governor and one appointed by the Attorney General.
For the terms of two years: one member from subdivision (1) of subsection (a), serving as a police chief; one member from subdivision (2) of subsection (a), serving as a police official; and two members from subdivision (4) of subsection (a), one appointed by the League of Municipalities and one appointed by the North Carolina Association of District Attorneys.
For the terms of three years: two members from subdivision (1) of subsection (a), one police chief appointed by the North Carolina Association of Chiefs of Police and one police chief appointed by the Governor; one member from subdivision (2) of subsection (a), serving as a police official; and three members from subdivision (4) of subsection (a), one appointed by the North Carolina Law-Enforcement Women's Association, one appointed by the North Carolina Criminal Justice Association, and one appointed by the North State Law-Enforcement Officers' Association.
Thereafter, as the term of each member expires, his successor shall be appointed for a term of three years. Notwithstanding the appointments for a term of years, each member shall serve at the will of the appointing authority.
The Attorney General, the Secretary of the Department of
Crime Control and Public Safety, the Secretary of the Department of Correction,
the President of The University of North Carolina, the Director of the Institute
of Government, and the President of the Department of Community
Colleges North Carolina Community Colleges System, and the Secretary of
the Department of Juvenile Justice and Delinquency Prevention shall be
continuing members of the Commission during their tenure. These members of the
Commission shall serve ex officio and shall perform their duties on the
Commission in addition to the other duties of their offices. The ex officio
members may elect to serve personally at any or all meetings of the Commission
or may designate, in writing, one member of their respective office,
department, university or agency to represent and vote for them on the
Commission at all meetings the ex officio members are unable to attend.
Vacancies in the Commission occurring for any reason shall be filled, for the unexpired term, by the authority making the original appointment of the person causing the vacancy. A vacancy may be created by removal of a Commission member by majority vote of the Commission for misconduct, incompetence, or neglect of duty. A Commission member may be removed only pursuant to a hearing, after notice, at which the member subject to removal has an opportunity to be heard."
SECTION 4. G.S. 17C-11 reads as rewritten:
"§
17C-11. Power of the Commission to seek injunction.Compliance;
enforcement.
(a) Any criminal justice officer who the Commission determines does not comply with the provisions of this Chapter or any rules promulgated hereunder shall not be authorized to exercise the powers of a criminal justice officer and shall not be authorized to exercise the power of arrest unless such certification or deficiency has been waived by the Commission. The Commission shall enforce the provisions of this section by the entry of appropriate orders effective upon service on either the criminal justice agency or the criminal justice officer.
(b) Any person who desires to appeal the proposed denial, suspension, or revocation of any certification authorized to be issued by the Commission shall file a written appeal with the Commission not later than 30 days following notice of denial, suspension, or revocation.
(c) The Commission may appear in its own name and apply to courts having jurisdiction for injunctions to prevent violations of this Chapter or of rules issued pursuant thereto; specifically, the performance of criminal justice officer functions by officers or individuals who are not in compliance with the standards and requirements of G.S. 17C-6(a) and G.S. 17C-10. A single act of performance of a criminal justice officer function by an officer or individual who is performing such function in violation of this Chapter is sufficient, if shown, to invoke the injunctive relief of this section."
SECTION 5. G.S. 17E-9(a) reads as rewritten:
"(a) Any justice officer
who the Commission determines does not comply with the provisions of
this Chapter or any rules promulgated hereunder shall not be authorized
to exercise the powers of a justice officer and shall not be authorized to
exercise the power of arrest unless such certification or deficiency has been
waived by the Commission. The Commission shall enforce the provisions of this
section by the entry of appropriate orders. orders effective upon
service on either the department or the justice officer."
SECTION 6. Section 17.3 of S.L. 2000-67 is repealed.
SECTION 7. G.S. 143B-515 reads as rewritten:
"§ 143B-515. Definitions.
In this Article, unless the context clearly requires otherwise, the following words have the listed meanings:
(1) Chief court counselor. - The person responsible for administration and supervision of juvenile intake, probation, and post-release supervision in each judicial district, operating under the supervision of the Department of Juvenile Justice and Delinquency Prevention.
(2) Community-based program. - A program providing nonresidential or residential treatment to a juvenile under the jurisdiction of the juvenile court in the community where the juvenile's family lives. A community-based program may include specialized foster care, family counseling, shelter care, and other appropriate treatment.
(3) County Councils. - Juvenile Crime Prevention Councils created under G.S. 143B-544.
(4) Court. - The district court division of the General Court of Justice.
(5) Court
counselor. - A person responsible for probation and post-release supervision to
juveniles under the supervision of the chief court counselor.
(6) Custodian. - The person or agency that has been awarded legal custody of a juvenile by a court.
(7) Delinquent juvenile. - Any juvenile who, while less than 16 years of age but at least 6 years of age, commits a crime or infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws.
(8) Department. - The Department of Juvenile Justice and Delinquency Prevention.
(9) Detention. - The secure confinement of a juvenile under a court order.
(10) Detention facility. - A facility approved to provide secure confinement and care for juveniles. Detention facilities include both State and locally administered detention homes, centers, and facilities.
(11) District. - Any district court district as established by G.S. 7A-133.
(12) Judge. - Any district court judge.
(13) Judicial district. - Any district court district as established by G.S. 7A-133.
(14) Juvenile. - Except as provided in subdivisions (7) and (22) of this section, any person who has not reached the person's eighteenth birthday and is not married, emancipated, or a member of the armed forces of the United States. Wherever the term "juvenile" is used with reference to rights and privileges, that term encompasses the attorney for the juvenile as well.
(15) Juvenile court. - Any district court exercising jurisdiction under this Chapter.
(15a) Juvenile Court Counselor. - A person responsible for intake services and court supervision services to juveniles under the supervision of the chief court counselor.
(16) Post-release supervision. - The supervision of a juvenile who has been returned to the community after having been committed to the Department for placement in a training school.
(17) Probation. - The status of a juvenile who has been adjudicated delinquent, is subject to specified conditions under the supervision of a court counselor, and may be returned to the court for violation of those conditions during the period of probation.
(18) Protective supervision. - The status of a juvenile who has been adjudicated undisciplined and is under the supervision of a court counselor.
(19) Secretary. - The Secretary of Juvenile Justice and Delinquency Prevention.
(20) State Council. - The State Advisory Council on Juvenile Justice and Delinquency Prevention established under G.S. 143B-556.
(21) Training school. - A secure residential facility authorized to provide long-term treatment, education, and rehabilitative services for delinquent juveniles committed by the court to the Department.
(22) Undisciplined juvenile. -
a. A juvenile who, while less than 16 years of age but at least 6 years of age, is unlawfully absent from school; or is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours; or
b. A juvenile who is 16 or 17 years of age and who is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours."
SECTION 8. G.S. 143B-516(b) reads as rewritten:
"(b) The Secretary shall have the following powers and duties:
(1) Give leadership to the implementation as appropriate of State policy that requires that training schools be phased out as populations diminish.
(2) Close a State training school when its operation is no longer justified and transfer State funds appropriated for the operation of that training school to fund community-based programs, to purchase care or services for predelinquents, delinquents, or status offenders in community-based or other appropriate programs, or to improve the efficiency of existing training schools, provided the Advisory Budget Commission reviews this action.
(3) Administer a sound admission or intake program for juvenile facilities, including the requirement of a careful evaluation of the needs of each juvenile prior to acceptance and placement.
(4) Operate juvenile facilities and implement programs that meet the needs of juveniles receiving services and that assist them to become productive, responsible citizens.
(5) Adopt rules to implement this Article and the responsibilities of the Secretary and the Department under Chapter 7B of the General Statutes. The Secretary may adopt rules applicable to local human services agencies providing juvenile court and delinquency prevention services for the purpose of program evaluation, fiscal audits, and collection of third-party payments.
(6) Ensure a statewide and uniform system of juvenile intake, protective supervision, probation, and post-release supervision services in all district court districts of the State. The system shall provide appropriate, adequate, and uniform services to all juveniles who are alleged or found to be undisciplined or delinquent.
(7) Establish procedures for substance abuse testing for juveniles adjudicated delinquent for substance abuse offenses.
(8) Plan, develop, and coordinate comprehensive multidisciplinary services and programs statewide for the prevention of juvenile delinquency, early intervention, and rehabilitation of juveniles.
(9) Develop standards, approve yearly program evaluations, and make recommendations based on the evaluations to the General Assembly concerning continuation funding.
(10) Collect expense data for every program operated and contracted by the Department.
(11) Develop a formula for funding, on a matching basis, juvenile court and delinquency prevention services as provided for in this Article. This formula shall be based upon the county's or counties' relative ability to fund community-based programs for juveniles.
Local governments receiving State matching funds for programs under this Article must maintain the same overall level of effort that existed at the time of the filing of the county assessment of juvenile needs with the Department.
(12) Assist local governments and private service agencies in the development of juvenile court services and delinquency prevention services and provide information on the availability of potential funding sources and assistance in making application for needed funding.
(13) Assist the Criminal Justice Information Network Governing Board with administering a comprehensive juvenile justice information system to collect data and information about delinquent juveniles for the purpose of developing treatment and intervention plans and allowing reliable assessment and evaluation of the effectiveness of rehabilitative and preventive services provided to delinquent juveniles.
(14) Coordinate State-level services in relation to delinquency prevention and juvenile court services so that any citizen may go to one place in State government to receive information about available juvenile services.
(15) Appoint the chief court counselor in each district upon the recommendation of the chief district court judge of that district.
(16) Develop a statewide plan for training and professional development of chief court counselors, court counselors, and other personnel responsible for the care, supervision, and treatment of juveniles. The plan shall include attendance at appropriate professional meetings and opportunities for educational leave for academic study.
(17) Study issues related to qualifications, salary ranges, appointment of personnel on a merit basis, including chief court counselors, court counselors, secretaries, and other appropriate personnel, at the State and district levels in order to adopt appropriate policies and procedures governing personnel.
(18) Designate persons, as necessary, as State juvenile justice officers, to provide for the care and supervision of juveniles placed in the physical custody of the Department."
SECTION 9. G.S. 143B-536 reads as rewritten:
"§ 143B-536. Duties and powers of juvenile court counselors.
As the court or the chief court counselor may direct or require, all juvenile court counselors shall have the following powers and duties:
(1) Secure or arrange for any information concerning a case that the court may require before, during, or after the hearing.
(2) Prepare written reports for the use of the court.
(3) Appear and testify at court hearings.
(4) Assume custody of a juvenile as authorized by G.S. 7B-1900, or when directed by court order.
(5) Furnish each juvenile on probation or protective supervision and that juvenile's parents, guardian, or custodian with a written statement of the juvenile's conditions of probation or protective supervision, and consult with the juvenile's parents, guardian, or custodian so that they may help the juvenile comply with the conditions.
(6) Keep informed concerning the conduct and progress of any juvenile on probation or under protective supervision through home visits or conferences with the parents or guardian and in other ways.
(7) See that the juvenile complies with the conditions of probation or bring to the attention of the court any juvenile who violates the juvenile's probation.
(8) Make periodic reports to the court concerning the adjustment of any juvenile on probation or under court supervision.
(9) Keep any records of the juvenile's work as the court may require.
(10) Account for all funds collected from juveniles.
(11) Serve necessary court documents pertaining to delinquent and undisciplined juvenile matters.
(12) Assume custody of juveniles under the jurisdiction of the court when necessary for the protection of the public or the juvenile, and when necessary to carry out the responsibilities of court counselors under this section and under Chapter 7B of the General Statutes.
(13) Use reasonable force and restraint necessary to secure custody assumed under subdivision (12) of this section.
(14) Provide supervision for a juvenile transferred to the counselor's supervision from another court or another state, and provide supervision for any juvenile released from an institution operated by the Department when requested by the Department to do so.
(15) Assist in the development of post-release supervision and the supervision of juveniles.
(16) Screen and evaluate a complaint alleging that a juvenile is delinquent or undisciplined to determine whether the complaint should be filed as a petition.
(17) Have any other duties as the Department may direct.
(16) (18) Have any other duties as the
court may direct."
SECTION 10. This act becomes effective June 30, 2001.