State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-2514

§ 7B‑2514.  Post‑releasesupervision planning; release.

(a)        The Departmentshall be responsible for evaluation of the progress of each juvenile at leastonce every six months as long as the juvenile remains in the care of theDepartment. Any determination that the juvenile should remain in the care ofthe Department for an additional period of time shall be based on theDepartment's determination that the juvenile requires additional treatment orrehabilitation pursuant to G.S. 7B‑2515. If the Department determinesthat a juvenile is ready for release, the Department shall initiate a post‑releasesupervision planning process. The post‑release supervision planningprocess shall be defined by rules and regulations of the Department, but shallinclude the following:

(1)        Written notificationshall be given to the court that ordered commitment.

(2)        A post‑releasesupervision planning conference shall be held involving as many as possible ofthe following: the juvenile, the juvenile's parent, guardian, or custodian,juvenile court counselors who have supervised the juvenile on probation or willsupervise the juvenile on post‑release supervision, and staff of thefacility that found the juvenile ready for release. The planning conferenceshall include personal contact and evaluation rather than telephonicnotification.

(3)        The planningconference participants shall consider, based on the individual needs of thejuvenile and pursuant to rules adopted by the Department, placement of thejuvenile in any program under the auspices of the Department, including thejuvenile court services programs that, in the judgment of the Department, wouldbe appropriate transitional placement, pending release under G.S. 7B‑2513.

(b)        The Departmentshall develop the plan in writing and base the terms on the needs of thejuvenile and the protection of the public. Every plan shall require thejuvenile to complete at least 90 days, but not more than one year, of post‑releasesupervision.

(c)        The Departmentshall release a juvenile under a plan of post‑release supervision atleast 90 days prior to:

(1)        Completion of thejuvenile's definite term of commitment; or

(2)        The juvenile'stwenty‑first birthday if the juvenile has been committed to theDepartment for an offense that would be first‑degree murder pursuant toG.S. 14‑17, first‑degree rape pursuant to G.S. 14‑27.2, orfirst‑degree sexual offense pursuant to G.S. 14‑27.4 if committedby an adult.

(3)        The juvenile'snineteenth birthday if the juvenile has been committed to the Department for anoffense that would be a Class B1, B2, C, D, or E felony if committed by anadult, other than an offense set forth in G.S. 7B‑1602(a).

(4)        The juvenile'seighteenth birthday if the juvenile has been committed to the Department for anoffense other than an offense that would be a Class A, B1, B2, C, D, or Efelony if committed by an adult.

(d)        NotwithstandingArticles 30 and 31 of Subchapter III of this Chapter, at least 45 days beforereleasing to post‑release supervision a juvenile who was committed for aClass A or B1 felony, the Department shall notify, by first‑class mail atthe last known address:

(1)        The juvenile;

(2)        The juvenile'sparent, guardian, or custodian;

(3)        The districtattorney of the district where the juvenile was adjudicated;

(4)        The head of theenforcement agency that took the juvenile into custody; and

(5)        The victim and anyof the victim's immediate family members who have requested in writing to benotified.

The notification shall includeonly the juvenile's name, offense, date of commitment, and date proposed forrelease. A copy of the notice shall be sent to the appropriate clerk ofsuperior court for placement in the juvenile's court file.

(e)        The Department mayrelease a juvenile under an indefinite commitment to post‑release supervisiononly after the juvenile has been committed to the Department for placement in ayouth development center for a period of at least six months.

(f)         A juvenilecommitted to the Department for placement in a youth development center for adefinite term shall receive credit toward that term for the time the juvenilespends on post‑release supervision.

(g)        A juvenile on post‑releasesupervision shall be supervised by a juvenile court counselor. Post‑releasesupervision shall be terminated by order of the court. (1979, c. 815, s. 1; 1983, c.133, s. 1; c. 276, s. 1; 1989, c. 235; 1996, 2nd Ex. Sess., c. 18, s. 23.2(e);1998‑202, s. 6; 2000‑137, s. 3; 2001‑95, s. 5; 2001‑490,ss. 2.27, 2.28.)