State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1906

§ 7B‑1906.  Secure ornonsecure custody hearings.

(a)        No juvenile shallbe held under a secure custody order for more than five calendar days or undera nonsecure custody order for more than seven calendar days without a hearingon the merits or an initial hearing to determine the need for continuedcustody. A hearing conducted under this subsection may not be continued orwaived. In every case in which an order has been entered by an officialexercising authority delegated pursuant to G.S. 7B‑1902, a hearing todetermine the need for continued custody shall be conducted on the day of thenext regularly scheduled session of district court in the city or county wherethe order was entered if the session precedes the expiration of the applicabletime period set forth in this subsection. If the session does not precede theexpiration of the time period, the hearing may be conducted at anotherregularly scheduled session of district court in the district where the orderwas entered.

(b)        As long as thejuvenile remains in secure or nonsecure custody, further hearings to determinethe need for continued secure custody shall be held at intervals of no morethan 10 calendar days. A subsequent hearing on continued nonsecure custodyshall be held within seven business days, excluding Saturdays, Sundays, andlegal holidays when the courthouse is closed for transactions, of the initialhearing required in subsection (a) of this section and hearings thereaftershall be held at intervals of no more than 30 calendar days. In the case of ajuvenile alleged to be delinquent, further hearings may be waived only with theconsent of the juvenile, through counsel for the juvenile.

(c)        The court shalldetermine whether a juvenile who is alleged to be delinquent has retainedcounsel or has been assigned counsel; if the juvenile is not represented bycounsel, counsel for the juvenile shall be appointed in accordance with rulesadopted by the Office of Indigent Defense Services.

(d)        At a hearing todetermine the need for continued custody, the court shall receive testimony andshall allow the juvenile and the juvenile's parent, guardian, or custodian anopportunity to introduce evidence, to be heard in their own behalf, and toexamine witnesses. The State shall bear the burden at every stage of theproceedings to provide clear and convincing evidence that restraints on thejuvenile's liberty are necessary and that no less intrusive alternative willsuffice. The court shall not be bound by the usual rules of evidence at thehearings.

(e)        The court shall bebound by criteria set forth in G.S. 7B‑1903 in determining whethercontinued custody is warranted.

(f)         The court mayimpose appropriate restrictions on the liberty of a juvenile who is releasedfrom secure custody, including:

(1)        Release on thewritten promise of the juvenile's parent, guardian, or custodian to produce thejuvenile in court for subsequent proceedings;

(2)        Release into thecare of a responsible person or organization;

(3)        Release conditionedon restrictions on activities, associations, residence, or travel if reasonablyrelated to securing the juvenile's presence in court; or

(4)        Any other conditionsreasonably related to securing the juvenile's presence in court.

(g)        If the courtdetermines that the juvenile meets the criteria in G.S. 7B‑1903 andshould continue in custody, the court shall issue an order to that effect. Theorder shall be in writing with appropriate findings of fact. The findings offact shall include the evidence relied upon in reaching the decision and the purposeswhich continued custody is to achieve.

(h)        The hearing todetermine the need to continue custody may be conducted by audio and videotransmission which allows the court and the juvenile to see and hear eachother. If the juvenile has counsel, the juvenile may communicate fully andconfidentially with the juvenile's attorney during the proceeding. Prior to theuse of audio and video transmission, the procedures and type of equipment foraudio and video transmission shall be submitted to the Administrative Office ofthe Courts by the chief district court judge and approved by the AdministrativeOffice of the Courts. (1979, c. 815, s. 1; 1981, c. 469, s. 13; 1987 (Reg. Sess., 1988), c.1090, s. 4; 1994, Ex. Sess., c. 27, s. 1; 1997‑390, ss. 5, 6; 1998‑202,s. 6; 1998‑229, s. 4; 2000‑144, s. 21; 2003‑337, s. 10.)