Statutory Changes Related to Juvenile Interrogation and Secure Custody Orders

This post covers recent statutory changes related to the custodial interrogation of youth who are 16 and 17 years of age and to the issuance and execution of secure custody orders in delinquency cases. All of these changes are contained in Session law 2023-114 and will apply to offenses committed on or after December 1, 2023. Custodial Interrogation of 16- and 17-Year-Old Juveniles Under current law, anyone under the age of 18 must be provided the following warnings before being questioned during a custodial interrogation: That the juvenile has a right to remain silent; That any statement the juvenile does make can be and may be used against the juvenile; That the juvenile has a right to have a parent, guardian, or custodian present during questioning; and That the juvenile has a right to consult with an attorney and that one will be appointed for the juvenile if the juvenile is not represented and wants representation. S. 7B-2101(a). These warnings are required to protect the juvenile’s Fifth Amendment privilege against self-incrimination under Miranda v. Arizona, 384 U.S. 436 (1966), and they include an additional statutory right for juveniles to have a parent, guardian, or custodian present. For a full discussion of what constitutes custodial interrogation in the juvenile context and how courts have applied the rights contained in G.S. 7B-2101(a), see my Juvenile Law Bulletin on Juvenile Interrogation. S.L. 2023-114 makes a change to the right to have a parent, guardian, or custodian present. The change applies only to the custodial [...]