Changes Coming to Delinquency Law

Session Law 2024-17 contains several changes to delinquency law and new penalties for soliciting a minor to commit an offense. I covered the changes related to juvenile jurisdiction and the transfer process in last month’s blog. This blog explains the remaining changes. They include modifications to the timelines for secure custody hearings and for a victim or a complainant to request prosecutor review of a decision not to file a petition, school notification of the filing of a felony delinquency petition, restitution as a dispositional alternative, and the crime of soliciting a minor to commit an offense. These changes will take effect beginning with offenses committed on or after December 1, 2024. Secure Custody Hearing Timeline If a juvenile is held in confinement pending resolution of their delinquency petition, they are held pursuant to a secure custody order. The Juvenile Code requires that a juvenile who is in secure custody has the regular opportunity to return to court for hearings on the need for continued custody. G.S. 7B-1906(b), (b1). An initial hearing is required within five calendar days of issuance of the secure custody order (or, if the initial order was issued by a court counselor pursuant to an administrative order allowing for delegated authority, on the next regularly scheduled session of district court). G.S. 7B-1906(a). The initial hearing cannot be waived or continued. G.S. 7B-1906(a). The law related to this initial hearing is not changing. Following the initial hearing, ongoing hearings to determine the need for continued custody are currently [...]