Change to the Law of Juvenile Jurisdiction and Juvenile Transfer to Superior Court

Session Law 2024-17 enacts changes to the law regarding the scope of original juvenile jurisdiction beginning with offenses committed on or after December 1, 2024. Law changes regarding the existing process to transfer a case from juvenile to superior court will also take effect at that time. Read on for a description of the changes. Narrowing of Original Juvenile Jurisdiction for Offenses at Ages 16 and 17 Under current law, original jurisdiction over all felonies alleged to have been committed at ages 16 and 17, other than motor vehicle offenses, is in juvenile court, though some felonies must, and other felonies may be transferred to criminal superior court. When S.L. 2024-17 takes effect, original jurisdiction for Class A – Class E felonies alleged to have been committed at ages 16 and 17 will lie in criminal court. This includes any offenses that are transactionally related to a Class A – Class E felony offense. Because these matters will fall under original criminal jurisdiction, they will originate in the same way all other criminal matters begin. S.L. 2024-17 § 1. The one difference between these matters and other criminal matters is the place of confinement when the defendant is under age 18. If the defendant is held pending resolution of the charges and is under the age of 18, that defendant must be housed in a juvenile detention facility. G.S. 15A-521. The defendant must be transported by the Division of Juvenile Justice (DJJ) to the custody of the sheriff in the county [...]