§ 7A‑272. Jurisdictionof district court; concurrent jurisdiction in guilty or no contest pleas forcertain felony offenses; appellate and appropriate relief proceduresapplicable.
(a) Except as providedin this Article, the district court has exclusive, original jurisdiction forthe trial of criminal actions, including municipal ordinance violations, belowthe grade of felony, and the same are hereby declared to be petty misdemeanors.
(b) The district courthas jurisdiction to conduct preliminary examinations and to bind the accusedover for trial upon waiver of preliminary examination or upon a finding ofprobable cause, making appropriate orders as to bail or commitment.
(c) With the consent ofthe presiding district court judge, the prosecutor, and the defendant, thedistrict court has jurisdiction to accept a defendant's plea of guilty or nocontest to a Class H or I felony if:
(1) The defendant ischarged with a felony in an information filed pursuant to G.S. 15A‑644.1,the felony is pending in district court, and the defendant has not beenindicted for the offense; or
(2) The defendant hasbeen indicted for a criminal offense but the defendant's case is transferredfrom superior court to district court pursuant to G.S. 15A‑1029.1.
(d) Provisions in Chapter15A of the General Statutes apply to a plea authorized under subsection (c) ofthis section as if the plea had been entered in superior court, so that adistrict court judge is authorized to act in these matters in the same manneras a superior court judge would be authorized to act if the plea had beenentered in superior court, and appeals that are authorized in these matters areto the appellate division.
(e) With the consent ofthe chief district court judge and the senior resident superior court judge,the district court has jurisdiction to preside over the supervision of aprobation judgment entered in superior court in which the defendant is requiredto participate in a drug treatment court program pursuant to G.S. 15A‑1343(b1)(2b)or is participating in the drug treatment court pursuant to a deferredprosecution agreement under G.S. 15A‑1341(a2). The district court maymodify or extend the probation judgment, but jurisdiction to revoke probationsupervised under this subsection is as provided in G.S. 7A‑271(f).
(f) As used insubsection (e) of this section, the term "therapeutic court" refersto a court, other than drug treatment court established pursuant to Article 62of Chapter 7A of the General Statutes, in which a criminal defendant, either asa condition of probation or pursuant to a deferred prosecution agreement underG.S. 15A‑1341, is ordered to participate in specified activities designedto address underlying problems of substance abuse and mental illness thatcontribute to the person's criminal activity. The ordered activities shall, ata minimum, require the person to participate in treatment and attend regularcourt sessions of the therapeutic court over an extended period of time. Thesenior resident superior court judge and the chief district court judge shallagree in writing that the therapeutic court is being established and shall filethe written agreement with the Administrative Office of the Courts beforejurisdiction established by subsection (e) of this section may be exercised bythe district court. (1965, c. 310, s. 1; 1995 (Reg. Sess., 1996), c. 725, ss. 1, 2; 2009‑452,s. 2; 2009‑516, s. 8(a), (b).)
§ 7A‑272. Jurisdictionof district court; concurrent jurisdiction in guilty or no contest pleas forcertain felony offenses; appellate and appropriate relief proceduresapplicable.
(a) Except as providedin this Article, the district court has exclusive, original jurisdiction forthe trial of criminal actions, including municipal ordinance violations, belowthe grade of felony, and the same are hereby declared to be petty misdemeanors.
(b) The district courthas jurisdiction to conduct preliminary examinations and to bind the accusedover for trial upon waiver of preliminary examination or upon a finding ofprobable cause, making appropriate orders as to bail or commitment.
(c) With the consent ofthe presiding district court judge, the prosecutor, and the defendant, thedistrict court has jurisdiction to accept a defendant's plea of guilty or nocontest to a Class H or I felony if:
(1) The defendant ischarged with a felony in an information filed pursuant to G.S. 15A‑644.1,the felony is pending in district court, and the defendant has not beenindicted for the offense; or
(2) The defendant hasbeen indicted for a criminal offense but the defendant's case is transferredfrom superior court to district court pursuant to G.S. 15A‑1029.1.
(d) Provisions in Chapter15A of the General Statutes apply to a plea authorized under subsection (c) ofthis section as if the plea had been entered in superior court, so that adistrict court judge is authorized to act in these matters in the same manneras a superior court judge would be authorized to act if the plea had beenentered in superior court, and appeals that are authorized in these matters areto the appellate division.
(e) With the consent ofthe chief district court judge and the senior resident superior court judge,the district court has jurisdiction to preside over the supervision of aprobation judgment entered in superior court in which the defendant is requiredto participate in a drug treatment court program pursuant to G.S. 15A‑1343(b1)(2b)or is participating in the drug treatment court pursuant to a deferredprosecution agreement under G.S. 15A‑1341(a2). The district court maymodify or extend the probation judgment, but jurisdiction to revoke probationsupervised under this subsection is as provided in G.S. 7A‑271(f).
(f) As used insubsection (e) of this section, the term "therapeutic court" refersto a court, other than drug treatment court established pursuant to Article 62of Chapter 7A of the General Statutes, in which a criminal defendant, either asa condition of probation or pursuant to a deferred prosecution agreement underG.S. 15A‑1341, is ordered to participate in specified activities designedto address underlying problems of substance abuse and mental illness thatcontribute to the person's criminal activity. The ordered activities shall, ata minimum, require the person to participate in treatment and attend regularcourt sessions of the therapeutic court over an extended period of time. Thesenior resident superior court judge and the chief district court judge shallagree in writing that the therapeutic court is being established and shall filethe written agreement with the Administrative Office of the Courts beforejurisdiction established by subsection (e) of this section may be exercised bythe district court. (1965, c. 310, s. 1; 1995 (Reg. Sess., 1996), c. 725, ss. 1, 2; 2009‑452,s. 2; 2009‑516, s. 8(a), (b).)
§ 7A‑272. Jurisdictionof district court; concurrent jurisdiction in guilty or no contest pleas forcertain felony offenses; appellate and appropriate relief proceduresapplicable.
(a) Except as providedin this Article, the district court has exclusive, original jurisdiction forthe trial of criminal actions, including municipal ordinance violations, belowthe grade of felony, and the same are hereby declared to be petty misdemeanors.
(b) The district courthas jurisdiction to conduct preliminary examinations and to bind the accusedover for trial upon waiver of preliminary examination or upon a finding ofprobable cause, making appropriate orders as to bail or commitment.
(c) With the consent ofthe presiding district court judge, the prosecutor, and the defendant, thedistrict court has jurisdiction to accept a defendant's plea of guilty or nocontest to a Class H or I felony if:
(1) The defendant ischarged with a felony in an information filed pursuant to G.S. 15A‑644.1,the felony is pending in district court, and the defendant has not beenindicted for the offense; or
(2) The defendant hasbeen indicted for a criminal offense but the defendant's case is transferredfrom superior court to district court pursuant to G.S. 15A‑1029.1.
(d) Provisions in Chapter15A of the General Statutes apply to a plea authorized under subsection (c) ofthis section as if the plea had been entered in superior court, so that adistrict court judge is authorized to act in these matters in the same manneras a superior court judge would be authorized to act if the plea had beenentered in superior court, and appeals that are authorized in these matters areto the appellate division.
(e) With the consent ofthe chief district court judge and the senior resident superior court judge,the district court has jurisdiction to preside over the supervision of aprobation judgment entered in superior court in which the defendant is requiredto participate in a drug treatment court program pursuant to G.S. 15A‑1343(b1)(2b)or is participating in the drug treatment court pursuant to a deferredprosecution agreement under G.S. 15A‑1341(a2). The district court maymodify or extend the probation judgment, but jurisdiction to revoke probationsupervised under this subsection is as provided in G.S. 7A‑271(f).
(f) As used insubsection (e) of this section, the term "therapeutic court" refersto a court, other than drug treatment court established pursuant to Article 62of Chapter 7A of the General Statutes, in which a criminal defendant, either asa condition of probation or pursuant to a deferred prosecution agreement underG.S. 15A‑1341, is ordered to participate in specified activities designedto address underlying problems of substance abuse and mental illness thatcontribute to the person's criminal activity. The ordered activities shall, ata minimum, require the person to participate in treatment and attend regularcourt sessions of the therapeutic court over an extended period of time. Thesenior resident superior court judge and the chief district court judge shallagree in writing that the therapeutic court is being established and shall filethe written agreement with the Administrative Office of the Courts beforejurisdiction established by subsection (e) of this section may be exercised bythe district court. (1965, c. 310, s. 1; 1995 (Reg. Sess., 1996), c. 725, ss. 1, 2; 2009‑452,s. 2; 2009‑516, s. 8(a), (b).)
