processing of youthful and juvenile offenders in north carolina youth accountability planning task...
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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.
TerminologyJuvenile Terminology:- Juvenile
- Petition
- Secure Custody
- Adjudicated
- Delinquent Juvenile
- Disposition
- Youth Development Center
Adult Terminology:- Defendant
- Warrant, Indictment
- Pre-trial Confinement
- Convicted
- Criminal
- Sentence
- Prison
Offense profile of youthful offenders (FY 2007/08)
Offense Class of Conviction
Age at Offense
16 to less than 18 years
# %
Felonies
Class A-E Subtotal 311 2.8
Class F-I Subtotal 1,512 13.5
Felony Subtotal 1,823 16.3
Misdemeanors
Class A1 462 4.1
Class 1-3 Subtotal 8,887 79.6
Misdemeanor Subtotal 9,349 83.7
TOTAL 11,172 100.0
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
I0 Pts
II1-4 Pts
III5-8 Pts
IV9-14 Pts
V15-18 Pts
VI19+ Pts
A Death or Life Without Parole
A240-300
A288-360
A336-420
A384-480
ALife Without
Parole
ALife Without
Parole
DISPOSITIONAggravated Range
192-240 230-288 269-336 307-384 346-433 384-480 PRESUMPTIVE RANGEB1
144-192 173-230 202-269 230-307 260-346 288-384 Mitigated Range
A157-196
A189-237
A220-276
A251-313
A282-353
A313-392
125-157 151-189 176-220 201-251 225-282 251-313B2
94-125 114-151 132-176 151-201 169-225 188-251
A73-92
A100-125
A116-145
A133-167
A151-188
A168-210
58-73 80-100 93-116 107-133 121-151 135-168C
44-58 60-80 70-93 80-107 90-121 101-135
A64-80
A77-95
A103-129
A117-146
A133-167
A146-183
51-64 61-77 82-103 94-117 107-133 117-146D
38-51 46-61 61-82 71-94 80-107 88-117
I/A25-31
I/A29-36
A34-42
A46-58
A53-66
A59-74
20-25 23-29 27-34 37-46 42-53 47-59E
15-20 17-23 20-27 28-37 32-42 35-47
I/A16-20
I/A19-24
I/A21-26
A25-31
A34-42
A39-49
13-16 15-19 17-21 20-25 27-34 31-39F
10-13 11-15 13-17 15-20 20-27 23-31
I/A13-16
I/A15-19
I/A16-20
I/A20-25
A21-26
A29-36
10-13 12-15 13-16 16-20 17-21 23-29G
8-10 9-12 10-13 12-16 13-17 17-23
C/I/A6-8
I/A8-10
I/A10-12
I/A11-14
I/A15-19
A20-25
5-6 6-8 8-10 9-11 12-15 16-20H
4-5 4-6 6-8 7-9 9-12 12-16
C6-8
C/I6-8
I6-8
I/A8-10
I/A9-11
I/A10-12
4-6 4-6 5-6 6-8 7-9 8-10I
3-4 3-4 4-5 4-6 5-7 6-8Note: A – Active Punishment I – Intermediate Punishment C – Community Punishment* Numbers shown are in months and represent the range of minimum sentences.
OF
FE
NS
E C
LA
SS
***Effective for Offenses Committed on or after 12/1/95***
MISDEMEANOR PUNISHMENT CHART
PRIOR CONVICTION LEVELSI II III
CLASS No PriorConvictions
One to FourPrior
Convictions
Five or MorePrior
ConvictionsA1 1 - 60 days
C/I/A1 - 75 days
C/I/A1 - 150 days
C/I/A1 1 - 45 days
C1 - 45 days
C/I/A1 - 120 days
C/I/A2 1 - 30 days
C1 - 45 days
C/I1 - 60 days
C/I/A3 1 - 10 days
C1 - 15 days
C/I1 - 20 days
C/I/A
A - Active Punishment 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 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
OFFENSECLASSIFICATION
LOW0-1 points
MEDIUM2-3 points
HIGH4 + points
VIOLENTA-E felonies
Level 2 or 3
Level 3
Level 3
SERIOUSF-I felonies
A1 misdemeanors
Level 1 or 2
Level 2
Level 2 or 3
MINOR
1,2,3 misdemeanors
Level 1
Level 1 or 2
Level 2
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).