Raise the Age Legislative Changes

Parts I – IV of Session Law 2021-123 make changes to the statutory structure that raised the age of juvenile jurisdiction to include most offenses committed at ages 16 and 17. The most significant changes relate to new prosecutorial discretion to decline to transfer cases in which the most serious charge is a Class D – Class G felony and the ability to extend the length of jurisdiction when a juvenile is committed to a Youth Development Center (YDC) for a Class A – Class E felony committed at age 16 or 17. The raise the age changes in S.L. 2021-123 are detailed below. Part I – Extended Commitments for Certain Offenses While the court is allowed to terminate jurisdiction sooner, the Juvenile Code requires the automatic termination of juvenile jurisdiction when juveniles reach a certain age. Generally, jurisdiction terminates for a juvenile adjudicated delinquent for an offense committed under the age of 16 when that juvenile turns 18. G.S. 7B-1601(b). However, the Juvenile Code has long contained provisions to extend YDC commitments based on adjudications for Class A – Class E felonies committed under the age of 16. If the juvenile is committed to the YDC based on adjudication for first-degree murder, first-degree forcible rape, first-degree statutory rape, first-degree forcible sexual offense, or first-degree statutory sexual offense, jurisdiction extends to age 21. If the juvenile is committed to the YDC for any other Class B1 – Class E felony, jurisdiction extends an extra year, to age 19. G.S. 7B-1602. The [...]