State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-2507

§ 7B‑2507.  Delinquencyhistory levels.

(a)        Generally. – Thedelinquency history level for a delinquent juvenile is determined bycalculating the sum of the points assigned to each of the juvenile's prioradjudications and to the juvenile's probation status, if any, that the courtfinds to have been proved in accordance with this section.

(b)        Points. – Pointsare assigned as follows:

(1)        For each prioradjudication of a Class A through E felony offense, 4 points.

(2)        For each prioradjudication of a Class F through I felony offense or Class A1 misdemeanoroffense, 2 points.

(3)        For each prioradjudication of a Class 1, 2, or 3 misdemeanor offense, 1 point.

(4)        If the juvenile wason probation at the time of offense, 2 points.

No points shall be assignedfor a prior adjudication that a juvenile is in direct contempt of court orindirect contempt of court.

(c)        Delinquency HistoryLevels. – The delinquency history levels are:

(1)        Low – No more than 1point.

(2)        Medium – At least 2,but not more than 3 points.

(3)        High – At least 4points.

In determining the delinquencyhistory level, the classification of a prior offense is the classificationassigned to that offense at the time the juvenile committed the offense forwhich disposition is being ordered.

(d)        Multiple PriorAdjudications Obtained in One Court Session. – For purposes of determining thedelinquency history level, if a juvenile is adjudicated delinquent for morethan one offense in a single session of district court, only the adjudicationfor the offense with the highest point total is used.

(e)        Classification ofPrior Adjudications From Other Jurisdictions. – Except as otherwise provided inthis subsection, an adjudication occurring in a jurisdiction other than NorthCarolina is classified as a Class I felony if the jurisdiction in which theoffense occurred classifies the offense as a felony, or is classified as aClass 3 misdemeanor if the jurisdiction in which the offense occurredclassifies the offense as a misdemeanor. If the juvenile proves by the preponderanceof the evidence that an offense classified as a felony in the otherjurisdiction is substantially similar to an offense that is a misdemeanor inNorth Carolina, the conviction is treated as that class of misdemeanor forassigning delinquency history level points. If the State proves by thepreponderance of the evidence that an offense classified as either amisdemeanor or a felony in the other jurisdiction is substantially similar toan offense in North Carolina that is classified as a Class I felony or higher,the conviction is treated as that class of felony for assigning delinquencyhistory level points. If the State proves by the preponderance of the evidencethat an offense classified as a misdemeanor in the other jurisdiction issubstantially similar to an offense classified as a Class A1 misdemeanor inNorth Carolina, the adjudication is treated as a Class A1 misdemeanor forassigning delinquency history level points.

(f)         Proof of PriorAdjudications. – A prior adjudication shall be proved by any of the followingmethods:

(1)        Stipulation of theparties.

(2)        An original or copyof the court record of the prior adjudication.

(3)        A copy of recordsmaintained by the Division of Criminal Information or by the Department.

(4)        Any other method foundby the court to be reliable.

The State bears the burden ofproving, by a preponderance of the evidence, that a prior adjudication existsand that the juvenile before the court is the same person as the juvenile namedin the prior adjudication. The original or a copy of the court records or acopy of the records maintained by the Division of Criminal Information or ofthe Department, bearing the same name as that by which the juvenile is charged,is prima facie evidence that the juvenile named is the same person as thejuvenile before the court, and that the facts set out in the record are true.For purposes of this subsection, "a copy" includes a paper writingcontaining a reproduction of a record maintained electronically on a computeror other data processing equipment, and a document produced by a facsimilemachine. The prosecutor shall make all feasible efforts to obtain and presentto the court the juvenile's full record. Evidence presented by either party attrial may be utilized to prove prior adjudications. If asked by the juvenile,the prosecutor shall furnish the juvenile's prior adjudications to the juvenilewithin a reasonable time sufficient to allow the juvenile to determine if therecord available to the prosecutor is accurate. (1998‑202, s. 6; 2000‑137,s. 3; 2007‑168, s. 5.)