In the Matter of D.L.H., 364 N.C. 214 (2010)


The court reversed the decision of the Court of Appeals which held that juveniles are entitled to credit for time spent in secure custody prior to disposition under G.S. 15-196.1. Pursuant to G.S. 7B-1903(c), the juvenile spent 55 days in secure custody awaiting disposition. Then, as part of the disposition, the court ordered that she spend 14 days in detention. The trial court rejected the juvenile’s argument that she was entitled to credit for the days she was in secure custody pending the disposition. The Court of Appeals reversed, holding that G.S. 15-196.1 applied and required that she be given credit for the time spent in custody pending disposition. The Supreme Court reversed, concluding that when days of intermittent confinement are ordered at disposition, a juvenile is not entitled to credit for time spent in secure custody pending disposition. G.S. 15-196.1, relating to credit for time served in criminal cases, does not apply to juvenile proceedings. The absence of any similar provision in the Juvenile Code, together with the legislative intent to provide courts a broad range of alternatives in juvenile proceedings, reflects the legislature’s intention that this criminal statute not apply to juveniles.

Secure Custody
Credit for Time Served
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