State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-2510

§ 7B‑2510.  Conditionsof probation; violation of probation.

(a)        In any case where ajuvenile is placed on probation pursuant to G.S. 7B‑2506(8), the juvenilecourt counselor shall have the authority to visit the juvenile where thejuvenile resides. The court may impose conditions of probation that are relatedto the needs of the juvenile and that are reasonably necessary to ensure thatthe juvenile will lead a law‑abiding life, including:

(1)        That the juvenileshall remain on good behavior.

(2)        That the juvenileshall not violate any laws.

(3)        That the juvenileshall not violate any reasonable and lawful rules of a parent, guardian, orcustodian.

(4)        That the juvenileattend school regularly.

(5)        That the juvenilemaintain passing grades in up to four courses during each grading period andmeet with the juvenile court counselor and a representative of the school tomake a plan for how to maintain those passing grades.

(6)        That the juvenilenot associate with specified persons or be in specified places.

(7)        That the juvenile:

a.         Refrain from use orpossession of any controlled substance included in any schedule of Article 5 ofChapter 90 of the General Statutes, the Controlled Substances Act;

b.         Refrain from use orpossession of any alcoholic beverage regulated under Chapter 18B of the GeneralStatutes; and

c.         Submit to randomdrug testing.

(8)        That the juvenileabide by a prescribed curfew.

(9)        That the juvenilesubmit to a warrantless search at reasonable times.

(10)      That the juvenilepossess no firearm, explosive device, or other deadly weapon.

(11)      That the juvenilereport to a juvenile court counselor as often as required by the juvenile courtcounselor.

(12)      That the juvenilemake specified financial restitution or pay a fine in accordance with G.S. 7B‑2506(4),(5), and (22).

(13)      That the juvenile beemployed regularly if not attending school.

(14)      That the juvenilesatisfy any other conditions determined appropriate by the court.

(b)        In addition to theregular conditions of probation specified in subsection (a) of this section,the court may, at a dispositional hearing or any subsequent hearing, order thejuvenile to comply, if directed to comply by the chief court counselor, withone or more of the following conditions:

(1)        Perform up to 20hours of community service;

(2)        Submit to substanceabuse monitoring and treatment;

(3)        Participate in alife skills or an educational skills program administered by the Department;

(4)        Cooperate withelectronic monitoring; and

(5)        Cooperate withintensive supervision.

However,the court shall not give the chief court counselor discretion to impose theconditions of either subsection (4) or (5) of this section unless the juvenileis subject to Level 2 dispositions pursuant to G.S. 7B‑2508 or subsection(d) of this section.

(c)        An order ofprobation shall remain in force for a period not to exceed one year from thedate entered. Prior to expiration of an order of probation, the court mayextend it for an additional period of one year after a hearing, if the courtfinds that the extension is necessary to protect the community or to safeguardthe welfare of the juvenile.

(d)        On motion of thejuvenile court counselor or the juvenile, or on the court's own motion, thecourt may review the progress of any juvenile on probation at any time duringthe period of probation or at the end of probation. The conditions or durationof probation may be modified only as provided in this Subchapter and only afternotice and a hearing.

(e)        If the court, afternotice and a hearing, finds by the greater weight of the evidence that thejuvenile has violated the conditions of probation set by the court, the courtmay continue the original conditions of probation, modify the conditions ofprobation, or, except as provided in subsection (f) of this section, order anew disposition at the next higher level on the disposition chart in G.S. 7B‑2508.In the court's discretion, part of the new disposition may include an order ofconfinement in a secure juvenile detention facility for up to twice the term authorizedby G.S. 7B‑2508.

(f)         A court shall notorder a Level 3 disposition for violation of the conditions of probation by ajuvenile adjudicated delinquent for an offense classified as minor under G.S.7B‑2508. (1979,c. 815, s. 1; 1981, c. 469, s. 20; 1991, c. 353, s. 1; 1991 (Reg. Sess., 1992),c. 1030, s. 4; 1993, c. 369, s. 1; c. 462, s. 1; 1998‑202, s. 6; 2000‑137,s. 3; 2001‑490, ss. 2.23, 2.24.)