Many people assumed that the implementation of raise the age on December 1, 2019 meant the end of confinement of anyone under 18 in a jail. That was not the case. Even under our new legal framework for juvenile jurisdiction, some youth under 18 still have cases that are handled in criminal court from the very beginning. There is currently no legal mechanism to house these youth in a juvenile detention facility instead of a jail. This changes on August 1, 2020, when Part II of Session law 2020-83 takes effect. Which youth are impacted by this change? There are four categories of people under 18 with matters that never fall under juvenile jurisdiction. They are: Youth who are charged with committing a motor vehicle offense under Chapter 20 of the General Statutes at age 16 or 17. S. 7B-1501(7)b. Youth who are alleged to have committed a new offense following a previous conviction in criminal court (other than a previous conviction for a misdemeanor motor vehicle law offense that did not involve impaired driving). S. 7B-1604(b). Youth who are legally emancipated. S. 7B-1604(a). Youth charged as an adult for commission of an offense that occurred prior to December 1, 2019 and at age 16 or 17. The changes to juvenile jurisdiction contained in the Juvenile Justice Reinvestment Act (JJRA) apply to offenses committed on or after December 1, 2019. L. 2017-57, §16D.4.(tt). Anyone aged 16 or 17 charged with a criminal offense that occurred prior to that date was processed, [...]
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