PROCESSING OF YOUTHFUL AND

JUVENILE OFFENDERS IN NORTH CAROLINA

Youth Accountability Planning Task Force

December 10, 2009

Definitions

• Youthful offender – a person who is 16 or 17 years of age and commits a crime or infraction.

• Juvenile – except for delinquent juveniles and undisciplined juveniles, any person who has not reached 18 years of age and is not married, emancipated, or a member of the armed forces.

• Delinquent juvenile – any juvenile who is 6 to 15 years of age and commits a crime or infraction.

• Minor – a person under 18 years of age.

TerminologyJuvenile Terminology:- Juvenile

- Petition

- Secure Custody

- Adjudicated

- Delinquent Juvenile

- Disposition

- Youth Development Center

Adult Terminology:- Defendant

- Warrant, Indictment

- Pre-trial Confinement

- Convicted

- Criminal

- Sentence

- Prison

YOUTHFUL OFFENDERS

Offense profile of youthful offenders (FY 2007/08)

Offense Class of Conviction

Age at Offense

16 to less than 18 years

# %

Felonies

Class A-E Subtotal 311 2.8

Class F-I Subtotal 1,512 13.5

Felony Subtotal 1,823 16.3

Misdemeanors

Class A1 462 4.1

Class 1-3 Subtotal 8,887 79.6

Misdemeanor Subtotal 9,349 83.7

TOTAL 11,172 100.0

General Considerations

• Few provisions of the adult criminal process account for “youth.”

• The few provisions for youth are not uniform across statute and policy. Age distinctions include “minors,” “under 17,” “19 or 20,” and others.

• Certain criminal offenses exist only for minors or provide for youth in sentencing considerations.

Adult Jurisdiction

• Jurisdiction of the adult criminal system begins at age 16.

• Age is determined by date of offense.

• Juveniles 13-15, charged with felonies and transferred from juvenile jurisdiction, are tried and sentenced as adults.

Adult Process

• Law enforcement officer arrests a person with or without a warrant.

• Magistrate determines probable cause if there was not a warrant and whether to release the person on bail or commit them to a detention facility.

Adult Process

• District court judge holds first appearance and probable cause hearings.

• Prosecutor submits a bill of indictment to the grand jury or proceeds on a bill of information.

• Grand jury returns a true bill of indictment if it finds from the evidence probable cause for the charge made.

Conviction and Sentencing

• Defendant has the right to a trial by jury.

• Felony or misdemeanor punishment chart is used for sentencing.– Cell that defendant falls into determines the

length and type(s) of sentence authorized.– Judge has some discretion.

*** Effective for Offenses Committed on or after 12/1/95***

FELONY PUNISHMENT CHART

PRIOR RECORD LEVEL

I0 Pts

II1-4 Pts

III5-8 Pts

IV9-14 Pts

V15-18 Pts

VI19+ Pts

A Death or Life Without Parole

A240-300

A288-360

A336-420

A384-480

ALife Without

Parole

ALife Without

Parole

DISPOSITIONAggravated Range

192-240 230-288 269-336 307-384 346-433 384-480 PRESUMPTIVE RANGEB1

144-192 173-230 202-269 230-307 260-346 288-384 Mitigated Range

A157-196

A189-237

A220-276

A251-313

A282-353

A313-392

125-157 151-189 176-220 201-251 225-282 251-313B2

94-125 114-151 132-176 151-201 169-225 188-251

A73-92

A100-125

A116-145

A133-167

A151-188

A168-210

58-73 80-100 93-116 107-133 121-151 135-168C

44-58 60-80 70-93 80-107 90-121 101-135

A64-80

A77-95

A103-129

A117-146

A133-167

A146-183

51-64 61-77 82-103 94-117 107-133 117-146D

38-51 46-61 61-82 71-94 80-107 88-117

I/A25-31

I/A29-36

A34-42

A46-58

A53-66

A59-74

20-25 23-29 27-34 37-46 42-53 47-59E

15-20 17-23 20-27 28-37 32-42 35-47

I/A16-20

I/A19-24

I/A21-26

A25-31

A34-42

A39-49

13-16 15-19 17-21 20-25 27-34 31-39F

10-13 11-15 13-17 15-20 20-27 23-31

I/A13-16

I/A15-19

I/A16-20

I/A20-25

A21-26

A29-36

10-13 12-15 13-16 16-20 17-21 23-29G

8-10 9-12 10-13 12-16 13-17 17-23

C/I/A6-8

I/A8-10

I/A10-12

I/A11-14

I/A15-19

A20-25

5-6 6-8 8-10 9-11 12-15 16-20H

4-5 4-6 6-8 7-9 9-12 12-16

C6-8

C/I6-8

I6-8

I/A8-10

I/A9-11

I/A10-12

4-6 4-6 5-6 6-8 7-9 8-10I

3-4 3-4 4-5 4-6 5-7 6-8Note: A – Active Punishment I – Intermediate Punishment C – Community Punishment* Numbers shown are in months and represent the range of minimum sentences.

OF

FE

NS

E C

LA

SS

***Effective for Offenses Committed on or after 12/1/95***

MISDEMEANOR PUNISHMENT CHART

PRIOR CONVICTION LEVELSI II III

CLASS No PriorConvictions

One to FourPrior

Convictions

Five or MorePrior

ConvictionsA1 1 - 60 days

C/I/A1 - 75 days

C/I/A1 - 150 days

C/I/A1 1 - 45 days

C1 - 45 days

C/I/A1 - 120 days

C/I/A2 1 - 30 days

C1 - 45 days

C/I1 - 60 days

C/I/A3 1 - 10 days

C1 - 15 days

C/I1 - 20 days

C/I/A

A - Active Punishment I - Intermediate Punishment C - Community Punishment

Cells with slash allow either disposition at the discretion of the judge.

Sentencing

• There are no mandatory considerations for youth in adult sentencing.

• Two mitigating factors in felony sentencing permit the court to consider a defendant’s “age, immaturity,” or status as a minor.

• Capital sentencing has age limits on execution and a mitigating factor for age.

Corrections

• Very few statutory requirements for “youthful offenders” in the care of the DOC.

– Priority of educational resources.– Parental consent for surgery on a minor inmate.– Nobody under 16 in Central Prison (with

exceptions).

Corrections

• The Department of Correction addresses the needs of youthful offenders as a matter of policy.

• Separate facilities for youthful offenders:– Males: Western Youth Institution– Females: N.C. Correctional Institute for Women

• DCC operates the School Partnership Program for offenders in public schools, with Community or Intermediate Punishments.

Adult Expunction• Expunction of certain records is permitted for

youthful offenders who were convicted:

– Under 18: any misdemeanor (other than traffic)– Under 21: possession of malt beverage or unfortified wine

• Expunction of charge, conditional discharge, or conviction for certain drug offenses is limited to persons under 21 at the time of the offense or the proceedings against him.

JUVENILE OFFENDERS

Juvenile Jurisdiction

• Jurisdiction of the juvenile system begins at age 6.

• Age is determined by date of offense.

• Exit juvenile system prior to 16th birthday.

Transfer to Superior Court

• Discretionary by the Judge-Ages 13-15-Charged with a Class B1- I felony

• Mandatory-Ages 13-15-Charged with Class A felony

• Becomes “adult” for future charges as well

Juvenile Process

• A complaint is filed.

• A juvenile court counselor makes a preliminary decision as to whether there is a case.

• If so, the counselor then determines whether a complaint should filed as a petition, the juvenile diverted, or the case resolved without further action.

Juvenile Process

• A juvenile court judge holds various hearings:– First appearance if a juvenile is alleged to have

committed a felony offense.– Probable cause if a juvenile is alleged to have

committed a felony offense while 13, 14, or 15 years old.

– Transfer if a juvenile is alleged to have committed a felony offense while 13, 14, or 15 years old.

Juvenile Process

• If a petition is filed, the juvenile is presumed indigent and appointed counsel.

• If the juvenile is placed in a detention center pending a court hearing, he or she has regular hearings before a judge but does not have the right to bail.

Adjudication and Disposition

• Both are done by the judge.– No jury trials in juvenile court.

• Juvenile disposition chart is used.– Cell that juvenile falls into determines the

disposition(s) authorized.– Judge has some discretion.

Disposition

JUVENILE DISPOSITION CHART  DELINQUENCY HISTORY LEVELS

 

OFFENSECLASSIFICATION

LOW0-1 points

MEDIUM2-3 points

HIGH4 + points

 

VIOLENTA-E felonies

 

Level 2 or 3 

Level 3 

Level 3

 

SERIOUSF-I felonies

A1 misdemeanors

 

Level 1 or 2 

Level 2 

Level 2 or 3

 MINOR

1,2,3 misdemeanors

 Level 1

 

Level 1 or 2 

Level 2

Commitment

• Commit to the Department of Juvenile Justice and Delinquency Prevention.

• Juvenile must be at least 10 years old.

• Commitments are for a minimum of 6 months.

Types of Commitments

• Indefinite commitment to a Youth Development Center.

• Term not to exceed the following:– To age 18 for juveniles committed for an F-I felony or

any misdemeanor offense.– To age 19 for juveniles committed for a B1-E felony. – To age 21 for juveniles committed for 1st degree

murder, 1st degree rape, 1st degree sex offense.

Types of Commitments

• Definite commitment to YDC.– Term of 6 months up to 2 years.– Juvenile must meet certain criteria.

• Non-YDC commitment.– DJJDP can recommend that commitment

services for a juvenile be provided in a program not located in a YDC.

Juvenile Expunction

• Record of a Class A – E Felony Adjudication cannot be expunged.– Can be used as aggravating factor at sentencing

in criminal court.

Juvenile Expunction

• Adjudications for Class F-I felonies and misdemeanors can be expunged if: – Juvenile has reached the age of 18, and – At least 18 months have elapsed since person

was released from juvenile court, and– Person has not subsequently had any

adjudications or adult convictions (other than traffic).