Changes Coming to Delinquency Procedure: Transfer and Mental Health Evaluations

Session Law 2023-114 includes many provisions that change the law governing delinquency cases. This is the first in a three-part series of blogs detailing those changes. It covers the changes to the laws that govern transfer of cases to superior court for trial as an adult and the mandate to assess mental health needs before disposition through the comprehensive clinical assessment (CCA) and care review processes. All of the S.L. 2023-114 changes described in this blog will apply to offenses committed on or after December 1, 2023. Transfer Changes Mandatory transfer of Class A felonies alleged to have been committed at ages 13, 14, or 15 Mandatory transfer of Class A felonies alleged to have been committed at ages 13, 14, or 15 is not new in North Carolina. Section 1 of Session Law 1979-815 enacted mandatory transfer of all capital felonies alleged to have been committed at ages 14 or 15 following a finding probable cause. Session Law 1991-842 changed the category of offenses subject to mandatory transfer from capital felonies to Class A felonies. This mandatory transfer structure was extended to cases in which Class A felonies were alleged to have been committed by juveniles at age 13 in Section 25 of Session Law 1994, Ex. Sess. – 22. This mandatory transfer structure requires the court to order transfer only after a finding of probable cause. Part I of S.L. 2023-114 adds the return of a true bill of indictment as a mechanism that triggers mandatory transfer in these [...]