PROCESSING OF
YOUTHFUL AND JUVENILE
OFFENDERS IN NORTH
CAROLINA
Youth Accountability Planning Task Force
December 10, 2009
Definitions
• Youthful offender – a person who is 16 or 17 years
of age and commits a crime or infraction.
• Juvenile – except for delinquent juveniles and
undisciplined juveniles, any person who has not
reached 18 years of age and is not married,
emancipated, or a member of the armed forces.
• Delinquent juvenile – any juvenile who is 6 to 15
years of age and commits a crime or infraction.
• Minor – a person under 18 years of age.
Terminology
Adult Terminology:
- Defendant
Juvenile Terminology:
- Juvenile
- Warrant, Indictment
- Petition
- Pre-trial Confinement
- Secure Custody
- Convicted
- Adjudicated
- Criminal
- Delinquent Juvenile
- Sentence
- Disposition
- Prison
- Youth Development Center
YOUTHFUL OFFENDERS
Offense profile of youthful
offenders (FY 2007/08)
Age at Offense
Offense Class of Conviction
16 to less than 18 years
#
%
Class A-E Subtotal
311
2.8
Class F-I Subtotal
1,512
13.5
1,823
16.3
462
4.1
8,887
79.6
9,349
83.7
11,172
100.0
Felonies
Felony Subtotal
Misdemeanors
Class A1
Class 1-3 Subtotal
Misdemeanor Subtotal
TOTAL
General Considerations
• Few provisions of the adult criminal process
account for “youth.”
• The few provisions for youth are not uniform
across statute and policy. Age distinctions include
“minors,” “under 17,” “19 or 20,” and others.
• Certain criminal offenses exist only for minors or
provide for youth in sentencing considerations.
Adult Jurisdiction
• Jurisdiction of the adult criminal system begins at
age 16.
• Age is determined by date of offense.
• Juveniles 13-15, charged with felonies and
transferred from juvenile jurisdiction, are tried and
sentenced as adults.
Adult Process
• Law enforcement officer arrests a person with or
without a warrant.
• Magistrate determines probable cause if there was
not a warrant and whether to release the person on
bail or commit them to a detention facility.
Adult Process
• District court judge holds first appearance and
probable cause hearings.
• Prosecutor submits a bill of indictment to the
grand jury or proceeds on a bill of information.
• Grand jury returns a true bill of indictment if it
finds from the evidence probable cause for the
charge made.
Conviction and Sentencing
• Defendant has the right to a trial by jury.
• Felony or misdemeanor punishment chart is used
for sentencing.
– Cell that defendant falls into determines the
length and type(s) of sentence authorized.
– Judge has some discretion.
*** Effective for Offenses Committed on or after 12/1/95***
FELONY PUNISHMENT CHART
PRIOR RECORD LEVEL
I
0 Pts
A
II
III
IV
V
1-4 Pts 5-8 Pts 9-14 Pts 15-18 Pts
Death or Life Without Parole
A
A
A
A
A
A
DISPOSITION
240-300
288-360
336-420
384-480
Life Without
Parole
Life Without
Parole
Aggravated Range
192-240
230-288
269-336
307-384
346-433
384-480
PRESUMPTIVE RANGE
144-192
173-230
202-269
230-307
260-346
288-384
Mitigated Range
A
A
A
A
A
A
157-196
189-237
220-276
251-313
282-353
313-392
125-157
151-189
176-220
201-251
225-282
251-313
94-125
114-151
132-176
151-201
169-225
188-251
A
A
A
A
A
A
73-92
100-125
116-145
133-167
151-188
168-210
58-73
80-100
93-116
107-133
121-151
135-168
44-58
60-80
70-93
80-107
90-121
101-135
A
A
A
A
A
A
64-80
77-95
103-129
117-146
133-167
146-183
51-64
61-77
82-103
94-117
107-133
117-146
38-51
46-61
61-82
71-94
80-107
88-117
I/A
I/A
A
A
A
A
25-31
29-36
34-42
46-58
53-66
59-74
20-25
23-29
27-34
37-46
42-53
47-59
15-20
17-23
20-27
28-37
32-42
35-47
I/A
I/A
I/A
A
A
A
16-20
19-24
21-26
25-31
34-42
39-49
13-16
15-19
17-21
20-25
27-34
31-39
10-13
11-15
13-17
15-20
20-27
23-31
I/A
I/A
I/A
I/A
A
A
13-16
15-19
16-20
20-25
21-26
29-36
10-13
12-15
13-16
16-20
17-21
23-29
8-10
9-12
10-13
12-16
13-17
17-23
C/I/A
I/A
I/A
I/A
I/A
A
6-8
8-10
10-12
11-14
15-19
20-25
5-6
6-8
8-10
9-11
12-15
16-20
4-5
4-6
6-8
7-9
9-12
12-16
C
C/I
I
I/A
I/A
I/A
6-8
6-8
6-8
8-10
9-11
10-12
4-6
4-6
5-6
6-8
7-9
8-10
B1
B2
OFFENSE CLASS
C
D
E
F
G
H
I
VI
19+ Pts
3-4
3-4
4-5
4-6
5-7
6-8
Note: A – Active Punishment I – Intermediate Punishment C – Community Punishment
* Numbers shown are in months and represent the range of minimum sentences.
***Effective for Offenses Committed on or after 12/1/95***
MISDEMEANOR PUNISHMENT CHART
CLASS
A1
1
2
3
A - Active Punishment
PRIOR CONVICTION LEVELS
I
II
III
No Prior
One to Four Five or More
Convictions
Prior
Prior
Convictions
Convictions
1 - 60 days
1 - 75 days
1 - 150 days
C/I/A
C/I/A
C/I/A
1 - 45 days
1 - 45 days
1 - 120 days
C
C/I/A
C/I/A
1 - 30 days
1 - 45 days
1 - 60 days
C
C/I
C/I/A
1 - 10 days
1 - 15 days
1 - 20 days
C
C/I
C/I/A
I - Intermediate Punishment
C - Community Punishment
Cells with slash allow either disposition at the discretion of the judge.
Sentencing
• There are no mandatory considerations for youth
in adult sentencing.
• Two mitigating factors in felony sentencing permit
the court to consider a defendant’s “age,
immaturity,” or status as a minor.
• Capital sentencing has age limits on execution and
a mitigating factor for age.
Corrections
• Very few statutory requirements for “youthful
offenders” in the care of the DOC.
– Priority of educational resources.
– Parental consent for surgery on a minor inmate.
– Nobody under 16 in Central Prison (with
exceptions).
Corrections
• The Department of Correction addresses the needs
of youthful offenders as a matter of policy.
• Separate facilities for youthful offenders:
– Males: Western Youth Institution
– Females: N.C. Correctional Institute for Women
• DCC operates the School Partnership Program for
offenders in public schools, with Community or
Intermediate Punishments.
Adult Expunction
• Expunction of certain records is permitted for
youthful offenders who were convicted:
– Under 18: any misdemeanor (other than traffic)
– Under 21: possession of malt beverage or unfortified
wine
• Expunction of charge, conditional discharge, or
conviction for certain drug offenses is limited to
persons under 21 at the time of the offense or the
proceedings against him.
JUVENILE OFFENDERS
Juvenile Jurisdiction
• Jurisdiction of the juvenile system begins at age 6.
• Age is determined by date of offense.
• Exit juvenile system prior to 16th birthday.
Transfer to Superior Court
• Discretionary by the Judge
-Ages 13-15
-Charged with a Class B1- I felony
• Mandatory
-Ages 13-15
-Charged with Class A felony
• Becomes “adult” for future charges as well
Juvenile Process
• A complaint is filed.
• A juvenile court counselor makes a preliminary
decision as to whether there is a case.
• If so, the counselor then determines whether a
complaint should filed as a petition, the juvenile
diverted, or the case resolved without further
action.
Juvenile Process
• A juvenile court judge holds various hearings:
– First appearance if a juvenile is alleged to have
committed a felony offense.
– Probable cause if a juvenile is alleged to have
committed a felony offense while 13, 14, or 15
years old.
– Transfer if a juvenile is alleged to have
committed a felony offense while 13, 14, or 15
years old.
Juvenile Process
• If a petition is filed, the juvenile is presumed
indigent and appointed counsel.
• If the juvenile is placed in a detention center
pending a court hearing, he or she has regular
hearings before a judge but does not have the right
to bail.
Adjudication and Disposition
• Both are done by the judge.
– No jury trials in juvenile court.
• Juvenile disposition chart is used.
– Cell that juvenile falls into determines the
disposition(s) authorized.
– Judge has some discretion.
Disposition
JUVENILE DISPOSITION CHART
DELINQUENCY HISTORY LEVELS
OFFENSE
CLASSIFICATION
LOW
0-1 points
MEDIUM
2-3 points
HIGH
4 + points
VIOLENT
A-E felonies
Level 2 or 3
Level 3
Level 3
SERIOUS
F-I felonies
A1 misdemeanors
Level 1 or 2
Level 2
Level 2 or 3
Level 1
Level 1 or 2
Level 2
MINOR
1,2,3 misdemeanors
Commitment
• Commit to the Department of Juvenile Justice and
Delinquency Prevention.
• Juvenile must be at least 10 years old.
• Commitments are for a minimum of 6 months.
Types of Commitments
• Indefinite commitment to a Youth Development
Center.
• Term not to exceed the following:
– To age 18 for juveniles committed for an F-I felony or
any misdemeanor offense.
– To age 19 for juveniles committed for a B1-E felony.
– To age 21 for juveniles committed for 1st degree
murder, 1st degree rape, 1st degree sex offense.
Types of Commitments
• Definite commitment to YDC.
– Term of 6 months up to 2 years.
– Juvenile must meet certain criteria.
• Non-YDC commitment.
– DJJDP can recommend that commitment
services for a juvenile be provided in a program
not located in a YDC.
Juvenile Expunction
• Record of a Class A – E Felony Adjudication
cannot be expunged.
– Can be used as aggravating factor at sentencing
in criminal court.
Juvenile Expunction
• Adjudications for Class F-I felonies and
misdemeanors can be expunged if:
– Juvenile has reached the age of 18, and
– At least 18 months have elapsed since person
was released from juvenile court, and
– Person has not subsequently had any
adjudications or adult convictions (other than
traffic).