State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-2204

§ 7B‑2204.  Right topretrial release; detention.

Once the order of transfer hasbeen entered, the juvenile has the right to pretrial release as provided inG.S. 15A‑533 and G.S. 15A‑534. The release order shall specify theperson or persons to whom the juvenile may be released. Pending release, thecourt shall order that the juvenile be detained in a detention facility whileawaiting trial. The court may order the juvenile to be held in a holdoverfacility at any time the presence of the juvenile is required in court forpretrial hearings or trial, if the court finds that it would be inconvenient toreturn the juvenile to the detention facility.

Should the juvenile be foundguilty, or enter a plea of guilty or no contest to a criminal offense insuperior court and receive an active sentence, then immediate transfer to theDepartment of Correction shall be ordered. Until such time as the juvenile istransferred to the Department of Correction, the juvenile may be detained in aholdover facility. The juvenile may not be detained in a detention facilitypending transfer to the Department of Correction.

The juvenile may be kept bythe Department of Correction as a safekeeper until the juvenile is placed in anappropriate correctional program. (1979, c. 815, s. 1; 1987, c.144; 1991, c. 352, s. 1; 1998‑202, s. 6.)