State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1701

§ 7B‑1701.  Preliminaryinquiry.

When a complaint is received,the juvenile court counselor shall make a preliminary determination as towhether the juvenile is within the jurisdiction of the court as a delinquent orundisciplined juvenile. If the juvenile court counselor finds that the factscontained in the complaint do not state a case within the jurisdiction of thecourt, that legal sufficiency has not been established, or that the mattersalleged are frivolous, the juvenile court counselor, without further inquiry,shall refuse authorization to file the complaint as a petition.

When requested by the juvenilecourt counselor, the prosecutor shall assist in determining the sufficiency ofevidence as it affects the quantum of proof and the elements of offenses.

The juvenile court counselor,without further inquiry, shall authorize the complaint to be filed as apetition if the juvenile court counselor finds reasonable grounds to believethat the juvenile has committed one of the following nondivertible offenses:

(1)        Murder;

(2)        First‑degreerape or second degree rape;

(3)        First‑degreesexual offense or second degree sexual offense;

(4)        Arson;

(5)        Any violation ofArticle 5, Chapter 90 of the General Statutes that would constitute a felony ifcommitted by an adult;

(6)        First degreeburglary;

(7)        Crime againstnature; or

(8)        Any felony whichinvolves the willful infliction of serious bodily injury upon another or whichwas committed by use of a deadly weapon. (1979, c. 815, s. 1; 1983, c. 251, s. 1; 1998‑202,s. 6; 2001‑490, s. 2.4.)