State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-2508

§ 7B‑2508. Dispositional limits for each class of offense and delinquency history level.

(a)        OffenseClassification. – The offense classifications are as follows:

(1)        Violent – Adjudicationof a Class A through E felony offense;

(2)        Serious – Adjudicationof a Class F through I felony offense or a Class A1 misdemeanor;

(3)        Minor – Adjudicationof a Class 1, 2, or 3 misdemeanor or adjudication of indirect contempt by ajuvenile.

(b)        Delinquency HistoryLevels. – A delinquency history level shall be determined for each delinquentjuvenile as provided in G.S. 7B‑2507.

(c)        Level 1 – CommunityDisposition. – A court exercising jurisdiction over a juvenile who has beenadjudicated delinquent and for whom the dispositional chart in subsection (f)of this section prescribes a Level 1 disposition may provide for evaluation andtreatment under G.S. 7B‑2502 and for any of the dispositionalalternatives contained in subdivisions (1) through (13) and (16) of G.S. 7B‑2506.In determining which dispositional alternative is appropriate, the court shallconsider the needs of the juvenile as indicated by the risk and needsassessment contained in the predisposition report, the appropriate communityresources available to meet those needs, and the protection of the public.

(d)        Level 2 – IntermediateDisposition. – A court exercising jurisdiction over a juvenile who has beenadjudicated delinquent and for whom the dispositional chart in subsection (f)of this section prescribes a Level 2 disposition may provide for evaluation andtreatment under G.S. 7B‑2502 and for any of the dispositionalalternatives contained in subdivisions (1) through (23) of G.S. 7B‑2506,but shall provide for at least one of the intermediate dispositions authorizedin subdivisions (13) through (23) of G.S. 7B‑2506. However,notwithstanding any other provision of this section, a court may impose a Level3 disposition if the juvenile has previously received a Level 3 disposition ina prior juvenile action. In determining which dispositional alternative is appropriate,the court shall consider the needs of the juvenile as indicated by the risk andneeds assessment contained in the predisposition report, the appropriatecommunity resources available to meet those needs, and the protection of thepublic.

(e)        Level 3 – Commitment.– A court exercising jurisdiction over a juvenile who has been adjudicateddelinquent and for whom the dispositional chart in subsection (f) of thissection prescribes a Level 3 disposition shall commit the juvenile to theDepartment for placement in a youth development center in accordance with G.S.7B‑2506(24). However, a court may impose a Level 2 disposition ratherthan a Level 3 disposition if the court submits written findings on the recordthat substantiate extraordinary needs on the part of the offending juvenile.

(f)         Dispositions forEach Class of Offense and Delinquency History Level; Disposition ChartDescribed. – The authorized disposition for each class of offense anddelinquency history level is as specified in the chart below. Delinquencyhistory levels are indicated horizontally on the top of the chart. Classes ofoffense are indicated vertically on the left side of the chart. Each cell onthe chart indicates which of the dispositional levels described in subsections(c) through (e) of this section are prescribed for that combination of offenseclassification and delinquency history level:  

DELINQUENCY HISTORY OFFENSE

                                        LOW                      MEDIUM                 HIGH 

VIOLENT                      Level 2 or 3             Level 3                      Level3 

SERIOUS                       Level 1 or 2             Level 2                      Level2 or 3  

MINOR                           Level1                     Level 1 or 2               Level 2.

(g)        Notwithstandingsubsection (f) of this section, a juvenile who has been adjudicated for a minoroffense may be committed to a Level 3 disposition if the juvenile has beenadjudicated of four or more prior offenses. For purposes of determining thenumber of prior offenses under this subsection, each successive offense is onethat was committed after adjudication of the preceding offense.

(h)        If a juvenile isadjudicated of more than one offense during a session of juvenile court, thecourt shall consolidate the offenses for disposition and impose a singledisposition for the consolidated offenses. The disposition shall be specifiedfor the class of offense and delinquency history level of the most seriousoffense. (1998‑202,s. 6; 2000‑137, s. 3; 2001‑95, s. 5; 2001‑179, s. 1; 2007‑168,s. 6.)