GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H D
HOUSE BILL DRH10226-ML-135
Short Title: Juvenile Justice Legislative Proposals. (Public)
Sponsors: Representative Davis.
Referred to:
*DRH10226 -ML-135*
A BILL TO BE ENTITLED 1
AN ACT TO EXTEND TERMS OF PROBATION AND POST -RELEASE SUPERVISION 2
FOR YOUTH ADJUDICATED OF CERTAIN VIOLENT OFFENSES AND TO CLARIFY 3
A VICTIM'S RIGHT TO BE NOTIFIED ABOUT TERMINATION OF PROBATION OR 4
POST-RELEASE SUPERVISION; TO MODIFY THE CRITERIA FOR SECURE 5
CUSTODY TO CLARIFY THAT A SUPERIOR COURT JUDGE MAY ENTER A 6
SECURE CUSTODY ORDER FOLLOWING THE REMOVAL OF A CASE TO 7
JUVENILE COURT AND TO AUTHORIZE THE ISSUANCE OF A SECURE CUSTODY 8
ORDER IN RESPONSE TO THE VIOLATION OF A CHAPTER 50B DOMESTIC 9
VIOLENCE PROTECTIVE ORDER; TO CLARIFY THAT ALL FELONY SCHOOL 10
NOTIFICATIONS ARE LIMITED TO CLASS A THROUGH CLASS E FELONIES; TO 11
EXTEND THE RETENTION PERIOD FOR CLOSED COMPLAINTS TO ALLOW FOR 12
REVIEW BY THE PROSECUTOR; TO CREATE A CRIMINAL OFFENSE FOR 13
ESCAPING FROM A JUVENILE JUSTICE FACILITY OR OFFICER; TO CLARIFY 14
AND MAKE TECHNICAL CORRECTIONS TO THE JUVENILE CAPACITY TO 15
PROCEED PROCESS; AND TO CLARIFY THE PLACE OF CONFINEMENT FOR 16
PERSONS UNDER EIGHTEEN YEARS OF AGE WHO ARE SENTENCED TO 17
IMPRISONMENT IN THE DEPARTMENT OF ADULT CORRECTION , AS 18
RECOMMENDED BY THE DIVISION OF JUVENILE JUSTICE AND DELINQUENCY 19
PREVENTION OF THE DEPARTMENT OF PUBLIC SAFETY. 20
The General Assembly of North Carolina enacts: 21
22
PART I. EXTEND TERMS OF PROBATION AND POST -RELEASE SUPERVISION 23
FOR YOUTH ADJUDICATED OF CERTAIN VIOLENT OFFENSES AND CLARIFY A 24
VICTIM'S RIGHT TO BE NOTIFIED ABOUT TERMINATION OF PROBATION OR 25
POST-RELEASE SUPERVISION 26
SECTION 1.(a) G.S. 7B-2510 reads as rewritten: 27
"§ 7B-2510. Conditions of probation; violation of probation. 28
… 29
(c) An order of probation shall remain in force for a period not to exceed one year from 30
the date entered. Prior Except as otherwise provided in subsection (c1) of this section, prior to 31
expiration of an order of probation, the court may extend it for an additional period of one year 32
after notice and a hearing, if the court finds that the extension is necessary to protect the 33
community or to safeguard the welfare of the juvenile. At the discretion of the court, the hearing 34
to determine to extend probation may occur after the expiration of an order of probation at the 35
next regularly scheduled court date or if the juvenile fails to appear in court. 36
H.B. 483
Mar 24, 2025
HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
Page 2 DRH10226-ML-135
(c1) Prior to expiration of an order of probation entered for an adjudication of an offense 1
that would be a Class A, B1, or B2 felony if committed by an adult, the court may extend the 2
term of probation for additional periods of up to one year after notice and a hearing, if the court 3
finds that the extension is necessary to protect the community or to safeguard the welfare of the 4
juvenile. The total period of probation entered for an adjudication of an offense that would be a 5
Class A, B1, or B2 felony if committed by an adult shall not exceed three years. At the discretion 6
of the court, the hearing to determine to extend probation may occur after the expiration of an 7
order of probation at the next regularly scheduled court date or if the juvenile fails to appear in 8
court. 9
(d) On motion of the juvenile court counselor or counselor, the juvenile, the prosecutor, 10
or on the court's own motion, the court may review the progress of any juvenile on probation at 11
any time during the period of probation or at the end of probation. The conditions or duration of 12
probation may be modified only as provided in this Subchapter and only after notice and a 13
hearing. 14
…." 15
SECTION 1.(b) G.S. 7B-2511 reads as rewritten: 16
"§ 7B-2511. Termination of probation. 17
At the end of or at any time during probation, the court may terminate probation by written 18
order upon finding that there is no further need for supervision. The Except for cases that involve 19
a victim as defined in Article 20A of this Chapter, the finding and order terminating probation 20
may be entered in chambers in the absence of the juvenile and may be based on a report from the 21
juvenile court counselor or, at the election of the court, the order may be entered with the juvenile 22
present after notice and a hearing. In cases involving a victim as defined in Article 20A of this 23
Chapter, the order may be entered with the juvenile present after notice and a hearing. If a victim 24
has requested to be notified of court proceedings pursuant to G.S. 7B-2053, the court shall 25
provide notice to the victim and the opportunity to be heard at the hearing by the prosecutor, the 26
victim, or the person who may assert the victim's rights as set forth in Article 20A of this 27
Chapter." 28
SECTION 1.(c) G.S. 7B-2514 reads as rewritten: 29
"§ 7B-2514. Post-release supervision planning; release. 30
… 31
(b) The Division shall develop the plan in writing and base the terms on the needs of the 32
juvenile and the protection of the public. Every Except as otherwise provided in subsection (b1) 33
of this section, every plan shall require the juvenile to complete at least 90 days, but not more 34
than one year, of post-release supervision. 35
(b1) Every plan developed for an offense that would be a Class A, B1, B2, or C felony if 36
committed by an adult shall require the juvenile to complete three years of post-release 37
supervision. The Division shall develop the plan in writing and base the terms on the needs of 38
the juvenile and the protection of the public. 39
… 40
(g) A juvenile on post-release supervision shall be supervised by a juvenile court 41
counselor. Post-release supervision shall be terminated by order of the court. For plans developed 42
pursuant to subsection (b1) of this section, post-release supervision may be terminated with the 43
juvenile present after notice and a hearing. If a victim has requested to be notified of court 44
proceedings pursuant to G.S. 7B-2053, the court shall provide notice to the victim and the 45
opportunity to be heard at the hearing by the prosecutor and the victim or the person who may 46
assert the victim's rights as set forth in Article 20A of this Chapter." 47
48
PART II. MODIFY THE CRITERIA FOR SECURE CUSTODY TO CLARIFY THAT A 49
SUPERIOR COURT JUDGE MAY ENTER A SECURE CUSTODY ORDER 50
FOLLOWING THE REMOVAL OF A CASE TO JUVENILE COURT AND 51 General Assembly Of North Carolina Session 2025
DRH10226-ML-135 Page 3
AUTHORIZE THE ISSUANCE OF A SECURE CUSTODY ORDER IN RESPONSE TO 1
THE VIOLATION OF A CHAPTER 50B DOMESTIC VIOLENCE PROTECTIVE 2
ORDER 3
SECTION 2.(a) G.S. 7B-1903 reads as rewritten: 4
"§ 7B-1903. Criteria for secure or nonsecure custody. 5
… 6
(b) When a request is made for secure custody, the court may order secure custody only 7
where the court finds there is a reasonable factual basis to believe that the juvenile committed 8
the offense as alleged in the petition, petition or in the indictment or criminal information if the 9
request is made pursuant to G.S. 15A-960, and that one of the following circumstances exists: 10
(1) The juvenile is charged with a felony and has demonstrated that the juvenile 11
is a danger to property or persons. 12
(1a) The juvenile is charged with the violation of a valid protective order entered 13
pursuant to Chapter 50B of the General Statutes and is alleged to have 14
knowingly violated conditions of the protective order excluding the juvenile 15
from the residence or household occupied by a victim of domestic violence or 16
directing the juvenile to refrain from doing any or all of the acts specified in 17
G.S. 50B-3(a)(9). 18
…." 19
SECTION 2.(b) G.S. 50B-4.1(b) reads as rewritten: 20
"(b) A law enforcement officer shall arrest and take a person into custody, with or without 21
a warrant or other process, if the officer has probable cause to believe that the person knowingly 22
has violated a valid protective order excluding the person from the residence or household 23
occupied by a victim of domestic violence or directing the person to refrain from doing any or 24
all of the acts specified in G.S. 50B-3(a)(9). If the person is under the age of 18, the law 25
enforcement officer shall request that a juvenile petition be filed for the alleged violation of a 26
valid protective order entered pursuant to this Chapter and shall request the issuance of a secure 27
custody order pursuant to G.S. 7B-1903." 28
29
PART III. CLARIFY THAT ALL FELONY SCHOOL NOTIFICATIONS ARE LIMITED 30
TO CLASS A THROUGH CLASS E FELONIES 31
SECTION 3. G.S. 7B-3101(a) reads as rewritten: 32
"(a) Notwithstanding G.S. 7B-3000, the juvenile court counselor shall deliver verbal and 33
written notification of any of the following actions to the principal of the school that the juvenile 34
attends: 35
(1) A petition is filed under G.S. 7B-1802 that alleges delinquency for an offense 36
that would constitute a Class A, B1, B2, C, D, or E felony if committed by an 37
adult. The principal of the school shall make an individualized decision related 38
to the status of the student during the pendency of the matter and not have an 39
automatic suspension policy. 40
(2) The court transfers jurisdiction over a juvenile to the superior court under 41
G.S. 7B-2200.5 or G.S. 7B-2200.G.S. 7B-2200 for an offense that would 42
constitute a Class A, B1, B2, C, D, or E felony if committed by an adult. 43
(3) The court dismisses under G.S. 7B-2411 the petition that alleges delinquency 44
for an offense that would be a Class A, B1, B2, C, D, or E felony if committed 45
by an adult. 46
(4) The court issues a dispositional order under Article 25 of Chapter 7B of the 47
General Statutes including, but not limited to, an order of probation that 48
requires school attendance, concerning a juvenile alleged or found delinquent 49
for an offense that would be a Class A, B1, B2, C, D, or E felony if committed 50
by an adult. 51 General Assembly Of North Carolina Session 2025
Page 4 DRH10226-ML-135
(5) The court modifies or vacates any order or disposition under G.S. 7B-2600 1
concerning a juvenile alleged or found delinquent for an offense that would 2
be a Class A, B1, B2, C, D, or E felony if committed by an adult. 3
Notification of the school principal in person or by telephone shall be made before the 4
beginning of the next school day. Delivery shall be made as soon as practicable but at least within 5
five days of the action. Delivery shall be made in person or by certified mail. Notification that a 6
petition has been filed shall describe the nature of the offense. Notification of a dispositional 7
order, a modified or vacated order, or a transfer to superior court shall describe the court's action 8
and any applicable disposition requirements. As used in this subsection, the term "offense" does 9
not include any offense under Chapter 20 of the General Statutes." 10
11
PART IV. EXTEND THE RETENTION PERIOD FOR CLOSED COMPLAINTS TO 12
ALLOW FOR REVIEW BY THE PROSECUTOR 13
SECTION 4. G.S. 7B-1703(c) reads as rewritten: 14
"(c) If the juvenile court counselor determines that a petition should not be filed or the 15
complaint handled as a juvenile consultation, the juvenile court counselor shall notify the 16
complainant and the victim, if the complainant is not the victim, immediately in writing with 17
specific reasons for the decision, whether or not legal sufficiency was found, and whether the 18
matter was closed or diverted and retained, and shall include notice of the complainant's and 19
victim's right to have the decision reviewed by the prosecutor. The juvenile court counselor shall 20
sign the complaint after indicating on it: 21
(1) The date of the determination; 22
(2) The words "Not Approved for Filing"; and 23
(3) Whether the matter is "Closed" or "Diverted and Retained". 24
Except as provided in G.S. 7B-1706, any complaint not approved for filing as a juvenile 25
petition or handled as a juvenile consultation shall be destroyed by the juvenile court counselor 26
after holding the complaint for a temporary period of at least one year to allow review as provided 27
in G.S. 7B-1704 and G.S. 7B-1705." 28
29
PART V. CREATE A CRIMINAL OFFENSE FOR ESCAPING FROM A JUVENILE 30
JUSTICE FACILITY OR OFFICER 31
SECTION 5. Article 33 of Chapter 14 of the General Statutes is amended by adding 32
a new section to read: 33
"§ 14-256.2. Escape from juvenile detention facilities or officers. 34
(a) Offense and Punishment. – If any person shall break any detention facility, holdover 35
facility, or youth development center, being lawfully detained therein, or shall escape from the 36
lawful custody of any employee, guard, or officer of the Division of Juvenile Justice of the 37
Department of Public Safety, the person is guilty of a Class 1 misdemeanor, except that the person 38
is guilty of a Class H felony if any of the following apply: 39
(1) The person has been charged with a felony and has been committed to the 40
facility pending trial or transfer to the State prison system. 41
(2) The person is alleged to be within the jurisdiction of the juvenile court for an 42
offense that would be a felony if committed by an adult and has been placed 43
in secure custody. 44
(3) The person has been adjudicated delinquent for an offense that would be a 45
felony if committed by an adult and has been placed in secure custody or 46
committed to the custody of the Division of Juvenile Justice and Delinquency 47
Prevention for placement in a youth development center. 48
(b) Definitions. – For purposes of this section, the terms "detention facility," "holdover 49
facility," and "youth development center" are as defined in G.S. 7B-1501." 50
51 General Assembly Of North Carolina Session 2025
DRH10226-ML-135 Page 5
PART VI. CLARIFY AND MAKE TECHNICAL CORRECTIONS TO THE JUVENILE 1
CAPACITY TO PROCEED PROCESS 2
SECTION 6.(a) G.S. 7B-2401.2 reads as rewritten: 3
"§ 7B-2401.2. Procedures to determine capacity; hearing procedures; evidence. 4
… 5
(e) Any report made to the court pursuant to this section shall be forwarded to the clerk 6
of superior court in a sealed envelope addressed to the attention of a presiding judge, with a 7
covering statement to the clerk of the fact of the examination of the juvenile and any conclusion 8
as to whether the juvenile has or lacks capacity to proceed. If the juvenile is being held in the 9
custody of the Division, the The clerk shall send a copy of the covering statement to the Division. 10
The Division and any persons employed by the Division shall maintain the copy of the covering 11
statement as a confidential record. A copy of the full report shall be forwarded to the juvenile's 12
counsel. If the question of the juvenile's capacity to proceed is raised at any time, a copy of the 13
full report must be forwarded to the prosecutor. Until the question of the juvenile's capacity is 14
raised, the full report to the court shall be kept under such conditions as are directed by the court, 15
and its contents shall not be revealed except the report and the relevant confidential information 16
previously ordered released under G.S. 7B-2401.3(c) shall be released to the program where the 17
juvenile is receiving remediation services and as directed by the court. revealed. Any report made 18
to the court pursuant to this section shall be maintained as a confidential record. 19
… 20
(h) When the capacity of the juvenile to proceed is questioned, the court shall hold a 21
hearing to determine the juvenile's capacity to proceed. If an evaluation is ordered pursuant to 22
subsection (b) of this section, the hearing shall be held upon receipt of the forensic evaluation 23
report. The clerk shall provide notice to the juvenile and juvenile, the prosecutor prosecutor, and 24
the chief court counselor in accordance with G.S. 7B-1807. The order of the court shall contain 25
findings of fact to support its determination of the juvenile's capacity to proceed. The parties may 26
stipulate that the juvenile is capable to proceed but shall not be allowed to stipulate that the 27
juvenile lacks capacity to proceed. If the court finds the juvenile is capable to proceed, the 28
juvenile proceedings shall no longer be stayed, and the court shall set a date for such further 29
proceedings. If the juvenile's capacity to proceed is contested, the juvenile bears the burden of 30
proving the juvenile is incapable to proceed by a preponderance of the evidence. At a contested 31
hearing, the State and the juvenile may call witnesses and present evidence. Nothing in this 32
subsection may be construed to prohibit the State or the juvenile from calling other expert 33
witnesses to testify at a capacity hearing. If appropriate, the If the court finds that the juvenile is 34
not capable to proceed, the court must determine if the juvenile is substantially likely to attain 35
capacity in the foreseeable future. If the court finds that the juvenile is substantially likely to 36
attain capacity in the foreseeable future, the court may order remediation services in accordance 37
with G.S. 7B-2401.4. 38
…." 39
SECTION 6.(b) G.S. 7B-2401.4 reads as rewritten: 40
"§ 7B-2401.4. Remediation. 41
… 42
(b) When the court finds the juvenile incapable to proceed, and substantially likely to 43
attain capacity in the foreseeable future, the court may order remediation services. The 44
remediation services shall be based on the recommendations from the forensic evaluation. All 45
forensic evaluations for the juvenile and the relevant confidential information previously ordered 46
released under G.S. 7B-2401.3(c) shall be released to the program or programs where the juvenile 47
is receiving remediation services as directed by the court. 48
… 49
(e) An order for remediation services shall contain all of the following: 50 General Assembly Of North Carolina Session 2025
Page 6 DRH10226-ML-135
(1) Written findings of fact regarding the least restrictive environment for the 1
remediation services. 2
(2) If the court order allows for secure confinement pursuant to subsection (d) of 3
this section, the maximum time for placement in a secure facility shall be 4
pursuant to subsection (f) of this section. 5
(3) Whether remediation services shall include mental health treatment to reduce 6
interfering symptoms, specialized psychoeducational programming, or a 7
combination of these interventions. If both mental health services and 8
psychoeducational programming are ordered, the court shall identify a 9
provider for each service. 10
… 11
(g) The Division shall be responsible for the provision of psychoeducation remediation 12
programming and working with community partners to secure any additional services 13
recommended in the forensic evaluation report. The Division is authorized to contract with the 14
University of North Carolina at Chapel Hill or any other qualified educational organization to 15
develop and conduct related trainings and curriculum. 16
The remediation service provider or providers shall provide reports to the court at least every 17
90 days. Any report made to the court pursuant to this subsection shall be forwarded to the clerk 18
of superior court addressed to the attention of the presiding judge. judge and to the juvenile's 19
attorney. A report provided under this subsection shall include all of the following: 20
(1) The dates of any services provided to the juvenile. 21
(2) A summary of the juvenile's attendance and participation. 22
(3) Information about the juvenile's progress in the areas that were found to be 23
relevant to the juvenile's incapacity, incapacity and that are the focus of the 24
provider's services, including education regarding court procedures and 25
stabilization or improvement of symptoms leading to functional impairments. 26
No statement or disclosure made by the juvenile during the remediation services regarding 27
the juvenile's responsibility for a criminal act that can result either in an adjudication of 28
delinquency or transfer of a matter to superior court for trial as an adult is admissible in any 29
juvenile or criminal proceeding against the juvenile or defendant. All remediation progress 30
reports, summaries, and notes shall not include any such statement. 31
The court shall hold a hearing within 30 days of receipt of the remediation progress report to 32
review the remediation services. The remediation review hearing may be informal, and the court 33
may consider all remediation progress reports. The court may consider any evidence, including 34
hearsay evidence as defined in G.S. 8C-1, Rule 801, that the court finds to be relevant, reliable, 35
and necessary to determine if remediation services should continue or reassessment of capacity 36
is warranted. The juvenile and the juvenile's parent, guardian, or custodian shall have an 37
opportunity to present evidence, and they may advise the court concerning the remediation 38
services. The order of the court may be amended or supplemented only as provided in this 39
Subchapter and only after notice and a hearing. 40
… 41
(i) If, at any time during the remediation treatment, the remediation service provider 42
finds that the juvenile has likely completed the requirements of the remediation services, the 43
remediation service provider shall provide written notification to the court, the prosecutor, and 44
the juvenile's attorney within two business days regarding this finding. A copy of any remediation 45
report or reports shall be forwarded to the court and to the juvenile's attorney. The court may 46
order the release of a remediation report to the prosecutor after providing the juvenile with 47
reasonable notice and an opportunity to be heard and then determining that the information is 48
relevant and necessary to the hearing of the matter before the court and unavailable from any 49
other source. This subsection shall not be construed to relieve any court of its duty to conduct 50
hearings and make findings required under relevant federal law before ordering the release of 51 General Assembly Of North Carolina Session 2025
DRH10226-ML-135 Page 7
any private medical or mental health information or records related to substance abuse or HIV 1
status or treatment. The records shall be withheld from public inspection and, except as provided 2
in this subsection, may be examined only by order of the court. The juvenile's matter shall be 3
returned to court within a reasonable time, and not more than 30 days after the completion of 4
remediation services, for a remediation review or further proceedings.hearing. 5
(j) Any remediation report completed by a psychoeducation provider on the juvenile's 6
progress in the psychoeducation curriculum shall be provided by the clerk of superior court to 7
the prosecutor and the chief court counselor. 8
(k) The court may order the release of any remediation report that contains information 9
about the juvenile's mental health treatment to the prosecutor after providing the juvenile with 10
reasonable notice and an opportunity to be heard and then determining that the information is 11
relevant and necessary to the hearing of the matter before the court and unavailable from any 12
other source. This subsection shall not be construed to relieve any court of its duty to conduct 13
hearings and make findings required under relevant federal law before ordering the release of 14
any private medical or mental health information or records related to substance abuse or HIV 15
status or treatment. The records shall be withheld from public inspection and, except as provided 16
in this subsection, may be examined only by order of the court. 17
(l) The court shall hold a remediation review hearing within 30 days of receipt of the 18
remediation progress report or reports or notification that the juvenile has likely completed the 19
requirements of the remediation services. The remediation review hearing may be informal, and 20
the court may consider all remediation progress reports. The court may consider any evidence, 21
including hearsay evidence as defined in G.S. 8C-1, Rule 801, that the court finds to be relevant, 22
reliable, and necessary to determine if a remediation service or services should continue, 23
reassessment of capacity is warranted, or the juvenile is not substantially likely to attain capacity 24
in the foreseeable future. The juvenile and the juvenile's parent, guardian, or custodian shall have 25
an opportunity to present evidence, and they may advise the court concerning the remediation 26
service or services. The order of the court requiring remediation service or services may be 27
amended or supplemented only as provided in this Subchapter and only after notice and a hearing. 28
If the court determines that reassessment of capacity is warranted, the court shall order a new 29
forensic evaluation pursuant to the procedure contained in G.S. 7B-2401.2. This forensic 30
evaluation shall be performed by the original forensic evaluator when possible and comply with 31
the requirements of G.S. 7B-2401.3. Any forensic evaluation shall be conducted independently 32
of the remediation services and shall not be conducted by the remediation provider or providers. 33
A capacity hearing shall be held pursuant to the requirements in G.S. 7B-2401.2 upon receipt of 34
the forensic evaluation report. 35
If the court determines that the juvenile is not substantially likely to attain capacity in the 36
foreseeable future, the court shall proceed according to G.S. 7B-2401.5." 37
38
PART VII. CLARIFY THE PLACE OF CONFINEMENT FOR PERSONS UNDER 18 39
YEARS OF AGE WHO ARE SENTENCED TO IMPRISONMENT IN THE 40
DEPARTMENT OF ADULT CORRECTION 41
SECTION 7.(a) G.S. 7A-109.3 reads as rewritten: 42
"§ 7A-109.3. Delivery of commitment order. 43
… 44
(a1) If the district court sentences a person under the age of 18 to imprisonment and 45
commitment, commitment to the custody of the Division of Prisons of the Department of Adult 46
Correction, the clerk of superior court shall furnish the detention facility approved by the 47
Division of Juvenile Justice Division of Prisons of the Department of Adult Correction with the 48
signed order of commitment within 48 hours of the issuance of the sentence. 49
… 50 General Assembly Of North Carolina Session 2025
Page 8 DRH10226-ML-135
(c) If the superior court sentences a person under the age of 18 to imprisonment and 1
commitment, commitment to the custody of the Division of Prisons of the Department of Adult 2
Correction, the clerk of superior court shall furnish the detention facility approved by the 3
Division of Juvenile Justice Division of Prisons of the Department of Adult Correction with the 4
signed order of commitment within 48 hours of the issuance of the sentence." 5
SECTION 7.(b) G.S. 15A-521 reads as rewritten: 6
"§ 15A-521. Commitment to detention facility pending trial. 7
(a) Commitment. – Every person charged with a crime and held in custody who has not 8
been released pursuant to Article 26 of this Chapter, Bail, must be committed by a written order 9
of the judicial official who conducted the initial appearance as provided in Article 24 to an 10
appropriate detention facility as provided in this section. If the person being committed by written 11
order is under the age of 18, that person must shall be committed to the custody of the Division 12
of Juvenile Justice of the Department of Public Safety and shall be confined in a detention facility 13
approved by the Division of Juvenile Justice to provide secure confinement and care for 14
juveniles, or to a holdover facility as defined in G.S. 7B-1501(11). If the person being committed 15
reaches the age of 18 years while held in custody, the person shall be transported by personnel 16
of the Juvenile Justice Division, Division of Juvenile Justice, or personnel approved by the 17
Juvenile Justice Division, Division of Juvenile Justice, to the custody of the sheriff of the county 18
where the charges arose. 19
… 20
(c) Copies and Use of Order, Receipt of Prisoner. – 21
(1) The order of commitment must be delivered to a law-enforcement officer, who 22
must deliver the order and the prisoner to the detention facility named therein. 23
(2) The jailer or personnel of the Juvenile Justice Division of Juvenile Justice 24
must receive the prisoner and the order of commitment, and note on the order 25
of commitment the time and date of receipt. As used in this subdivision, 26
"jailer" includes any person having control of a detention facility and 27
"personnel of the Juvenile Justice Division" Division of Juvenile Justice" 28
includes personnel approved by the Juvenile Justice Division.Division of 29
Juvenile Justice. 30
(3) Upon releasing the prisoner pursuant to the terms of the order, or upon 31
delivering the prisoner to the court, the jailer or personnel of the Juvenile 32
Justice Division of Juvenile Justice must note the time and date on the order 33
and return it to the clerk. Personnel of the Juvenile Justice Division, Division 34
of Juvenile Justice, or personnel approved by the Juvenile Justice Division, 35
Division of Juvenile Justice, shall transport the person under the age of 18 36
from the juvenile detention facility or holdover facility to court and shall 37
transfer the person back to the juvenile detention facility or holdover facility. 38
(4) Repealed by Session Laws 1975, 2nd Sess., c. 983, s. 142. 39
…." 40
SECTION 7.(c) G.S. 15A-1301 reads as rewritten: 41
"§ 15A-1301. Order of commitment to imprisonment when not otherwise specified. 42
When a judicial official orders that a defendant be imprisoned he must issue an appropriate 43
written commitment order. When the commitment is to a sentence of imprisonment, the 44
commitment must include the identification and class of the offense or offenses for which the 45
defendant was convicted and, if the sentences are consecutive, the maximum sentence allowed 46
by law upon conviction of each offense for the punishment range used to impose the sentence for 47
the class of offense and prior record or conviction level, and, if the sentences are concurrent or 48
consolidated, the longest of the maximum sentences allowed by law for the classes of offense 49
and prior record or conviction levels upon conviction of any of the offenses. If the person 50
sentenced to imprisonment is under the age of 18, the person must shall be committed to a 51 General Assembly Of North Carolina Session 2025
DRH10226-ML-135 Page 9
detention facility approved by the Division of Juvenile Justice to provide secure confinement and 1
care for juveniles. the custody of the Division of Prisons of the Department of Adult Correction 2
and shall be confined in a facility operated by the Division of Prisons. If the person is under the 3
age of 18, the person may be temporarily confined in a holdover facility as defined in 4
G.S. 7B-1501(11) until the person can be transferred to a juvenile detention facility. facility 5
operated by the Division of Prisons. Personnel of the Juvenile Justice Division of Juvenile Justice 6
or personnel approved by the Juvenile Justice Division of Juvenile Justice shall transport the 7
person to the juvenile detention Division of Prisons facility or the holdover facility.facility, if the 8
person is in the custody of the Division of Juvenile Justice at the time of commitment." 9
SECTION 7.(d) G.S. 15A-1343(a1)(3) reads as rewritten: 10
"(3) Submission to a period or periods of confinement in a local confinement 11
facility for a total of no more than six days per month during any three separate 12
months during the period of probation. The six days per month confinement 13
provided for in this subdivision may only be imposed as two-day or three-day 14
consecutive periods. When a defendant is on probation for multiple 15
judgments, confinement periods imposed under this subdivision shall run 16
concurrently and may total no more than six days per month. If the person 17
being ordered to a period or periods of confinement is under the age of 18, 18
that person must shall be committed to the custody of the Division of Prisons 19
of the Department of Adult Correction and shall be confined in a detention 20
facility approved by the Division of Juvenile Justice to provide secure 21
confinement and care for juveniles or to a holdover facility as defined in 22
G.S. 7B-1501(11). operated by the Division of Prisons. If the person being 23
ordered to a period or periods of confinement reaches the age of 18 years while 24
in confinement, the person may be transported by personnel of the Division 25
of Juvenile Justice, Prisons, or personnel approved by the Division of Juvenile 26
Justice, Prisons, to the custody of the sheriff of the applicable local 27
confinement facility." 28
SECTION 7.(e) G.S. 15A-1343.2(e)(5) reads as rewritten: 29
"(5) Submit to a period or periods of confinement in a local confinement facility 30
for a total of no more than six days per month during any three separate 31
months during the period of probation. The six days per month confinement 32
provided for in this subdivision may only be imposed as two-day or three-day 33
consecutive periods. When a defendant is on probation for multiple 34
judgments, confinement periods imposed under this subdivision shall run 35
concurrently and may total no more than six days per month. If the person 36
being ordered to a period or periods of confinement is under the age of 18, 37
that person must shall be committed to the custody of the Division of Prisons 38
of the Department of Adult Correction and shall be confined in a detention 39
facility approved by the Division of Juvenile Justice of the Department of 40
Public Safety to provide secure confinement and care for juveniles or to a 41
holdover facility as defined in G.S. 7B-1501(11). operated by the Division of 42
Prisons. If the person being ordered to a period or periods of confinement 43
reaches the age of 18 years while in confinement, the person may be 44
transported by personnel of the Division of Juvenile Justice, Prisons, or 45
personnel approved by the Division of Juvenile Justice, Prisons, to the custody 46
of the sheriff of the applicable local confinement facility." 47
SECTION 7.(f) G.S. 15A-1343.2(f)(6) reads as rewritten: 48
"(6) Submit to a period or periods of confinement in a local confinement facility 49
for a total of no more than six days per month during any three separate 50
months during the period of probation. The six days per month confinement 51 General Assembly Of North Carolina Session 2025
Page 10 DRH10226-ML-135
provided for in this subdivision may only be imposed as two-day or three-day 1
consecutive periods. When a defendant is on probation for multiple 2
judgments, confinement periods imposed under this subdivision shall run 3
concurrently and may total no more than six days per month. If the person 4
being ordered to a period or periods of confinement is under the age of 18, 5
that person must shall be committed to the custody of the Division of Prisons 6
of the Department of Adult Correction and shall be confined in a detention 7
facility approved by the Division of Juvenile Justice to provide secure 8
confinement and care for juveniles or to a holdover facility as defined in 9
G.S. 7B-1501(11). operated by the Division of Prisons. If the person being 10
ordered to a period or periods of confinement reaches the age of 18 years while 11
in confinement, the person may be transported by personnel of the Division 12
of Juvenile Justice, Prisons, or personnel approved by the Division of Juvenile 13
Justice, Prisons, to the custody of the sheriff of the applicable local 14
confinement facility." 15
SECTION 7.(g) G.S. 15A-1344(d2) reads as rewritten: 16
"(d2) Confinement in Response to Violation. – When a defendant under supervision for a 17
felony conviction has violated a condition of probation other than G.S. 15A-1343(b)(1) or 18
G.S. 15A-1343(b)(3a), the court may impose a period of confinement of 90 consecutive days to 19
be served in the custody of the Division of Community Supervision and Reentry of the 20
Department of Adult Correction. The court may not revoke probation unless the defendant has 21
previously received a total of two periods of confinement under this subsection. A defendant may 22
receive only two periods of confinement under this subsection. The 90-day term of confinement 23
ordered under this subsection for a felony shall not be reduced by credit for time already served 24
in the case. Any such credit shall instead be applied to the suspended sentence. However, if the 25
time remaining on the maximum imposed sentence on a defendant under supervision for a felony 26
conviction is 90 days or less, then the term of confinement is for the remaining period of the 27
sentence. Confinement under this section shall be credited pursuant to G.S. 15-196.1. 28
When a defendant under supervision for a misdemeanor conviction sentenced pursuant to 29
Article 81B of Chapter 15A of the General Statutes has violated a condition of probation other 30
than G.S. 15A-1343(b)(1) or G.S. 15A-1343(b)(3a), the court may impose a period of 31
confinement pursuant to G.S. 15A-1343(a1)(3). If the person being ordered to a period of 32
confinement is under the age of 18, that person must shall be committed to the Division of Prisons 33
of the Department of Adult Correction and shall be confined in a detention facility approved by 34
the Division of Juvenile Justice to provide secure confinement and care for juveniles or to a 35
holdover facility as defined in G.S. 7B-1501(11). operated by the Division of Prisons. If the 36
person being ordered to a period of confinement reaches the age of 18 years while in confinement, 37
the person may be transported by personnel of the Division of Juvenile Justice, Prisons, or 38
personnel approved by the Division of Juvenile Justice, Prisons, to the custody of the sheriff of 39
the applicable local confinement facility. The court may not revoke probation unless the 40
defendant has previously received at least two periods of confinement for violating a condition 41
of probation other than G.S. 15A-1343(b)(1) or G.S. 15A-1343(b)(3a). Those periods of 42
confinement may have been imposed pursuant to G.S. 15A-1343(a1)(3), 15A-1343.2(e)(5), or 43
15A-1343.2(f)(6). The second period of confinement must have been imposed for a violation that 44
occurred after the defendant served the first period of confinement. Confinement under this 45
section shall be credited pursuant to G.S. 15-196.1. 46
When a defendant under supervision for a misdemeanor conviction not sentenced pursuant 47
to Article 81B of Chapter 15A of the General Statutes has violated a condition of probation other 48
than G.S. 15A-1343(b)(1) or G.S. 15A-1343(b)(3a), the court may impose a period of 49
confinement of up to 90 consecutive days to be served where the defendant would have served 50
an active sentence. The court may not revoke probation unless the defendant has previously 51 General Assembly Of North Carolina Session 2025
DRH10226-ML-135 Page 11
received a total of two periods of confinement under this subsection. A defendant may receive 1
only two periods of confinement under this subsection. Confinement under this section shall be 2
credited pursuant to G.S. 15-196.1. 3
The period of confinement imposed under this subsection on a defendant who is on probation 4
for multiple offenses shall run concurrently on all cases related to the violation. Confinement 5
shall be immediate unless otherwise specified by the court." 6
SECTION 7.(h) G.S. 15A-1344(e) reads as rewritten: 7
"(e) Special Probation in Response to Violation. – When a defendant has violated a 8
condition of probation, the court may modify the probation to place the defendant on special 9
probation as provided in this subsection. In placing the defendant on special probation, the court 10
may continue or modify the conditions of probation and in addition require that the defendant 11
submit to a period or periods of imprisonment, either continuous or noncontinuous, at whatever 12
time or intervals within the period of probation the court determines. In addition to any other 13
conditions of probation which the court may impose, the court shall impose, when imposing a 14
period or periods of imprisonment as a condition of special probation, the condition that the 15
defendant obey the rules and regulations of the Division of Prisons of the Department of Adult 16
Correction and, if applicable, the Division of Juvenile Justice of the Department of Public Safety, 17
governing conduct of inmates, and this condition shall apply to the defendant whether or not the 18
court imposes it as a part of the written order. If imprisonment is for continuous periods, the 19
confinement may be in either the custody of the Division of Community Supervision and Reentry 20
of the Department of Adult Correction or a local confinement facility. Noncontinuous periods of 21
imprisonment under special probation may only be served in a designated local confinement or 22
treatment facility. If the person being ordered to a period or periods of imprisonment, either 23
continuous or noncontinuous, is under the age of 18, that person must shall be committed to the 24
Division of Prisons of the Department of Adult Correction and shall be imprisoned in a detention 25
facility approved by the Division of Juvenile Justice to provide secure confinement and care for 26
juveniles or to a holdover facility as defined in G.S. 7B-1501(11). operated by the Division of 27
Prisons. If the person being ordered to a period or periods of imprisonment reaches the age of 18 28
years while imprisoned, the person may be transported by personnel of the Division of Juvenile 29
Justice, Prisons, or personnel approved by the Division of Juvenile Justice, Prisons, to the custody 30
of the sheriff of the applicable local confinement facility. 31
Except for probationary sentences for impaired driving under G.S. 20-138.1, the total of all 32
periods of confinement imposed as an incident of special probation, but not including an activated 33
suspended sentence, may not exceed one-fourth the maximum sentence of imprisonment 34
imposed for the offense. For probationary sentences for impaired driving under G.S. 20-138.1, 35
the total of all periods of confinement imposed as an incident of special probation, but not 36
including an activated suspended sentence, shall not exceed one-fourth the maximum penalty 37
allowed by law. No confinement other than an activated suspended sentence may be required 38
beyond the period of probation or beyond two years of the time the special probation is imposed, 39
whichever comes first." 40
SECTION 7.(i) G.S. 15A-1351(a) reads as rewritten: 41
"(a) The judge may sentence to special probation a defendant convicted of a criminal 42
offense other than impaired driving under G.S. 20-138.1, if based on the defendant's prior record 43
or conviction level as found pursuant to Article 81B of this Chapter, an intermediate punishment 44
is authorized for the class of offense of which the defendant has been convicted. A defendant 45
convicted of impaired driving under G.S. 20-138.1 may also be sentenced to special probation. 46
Under a sentence of special probation, the court may suspend the term of imprisonment and place 47
the defendant on probation as provided in Article 82, Probation, and in addition require that the 48
defendant submit to a period or periods of imprisonment in the custody of the Division of 49
Community Supervision and Reentry of the Department of Adult Correction or a designated local 50
confinement or treatment facility at whatever time or intervals within the period of probation, 51 General Assembly Of North Carolina Session 2025
Page 12 DRH10226-ML-135
consecutive or nonconsecutive, the court determines, as provided in this subsection. For 1
probationary sentences for misdemeanors, including impaired driving under G.S. 20-138.1, all 2
imprisonment under this subsection shall be in a designated local confinement or treatment 3
facility. If the person being ordered to a period or periods of imprisonment is under the age of 4
18, that person must shall be committed to the Division of Prisons of the Department of Adult 5
Correction and shall be imprisoned in a detention facility approved by the Division of Juvenile 6
Justice to provide secure confinement and care for juveniles or to a holdover facility as defined 7
in G.S. 7B-1501(11). operated by the Division of Prisons. Personnel of the Division of Juvenile 8
Justice of the Department of Public Safety, or personnel approved by the Division of Juvenile 9
Justice, shall transport the person to the facility operated by the Division of Prisons if the person 10
is in custody of the Division of Juvenile Justice at the time of commitment. If the person being 11
ordered to a period or periods of imprisonment reaches the age of 18 years while imprisoned, the 12
person may be transported by personnel of the Division of Juvenile Justice, Prisons, or personnel 13
approved by the Division of Juvenile Justice, Prisons, to the custody of the sheriff of the 14
applicable local confinement facility. In addition to any other conditions of probation which the 15
court may impose, the court shall impose, when imposing a period or periods of imprisonment 16
as a condition of special probation, the condition that the defendant obey the Rules and 17
Regulations of the Division of Prisons of the Department of Adult Correction and, if applicable, 18
the Division of Juvenile Justice of the Department of Public Safety, governing conduct of 19
inmates, and this condition shall apply to the defendant whether or not the court imposes it as a 20
part of the written order. Except for probationary sentences for misdemeanors, including 21
impaired driving under G.S. 20-138.1, if imprisonment is for continuous periods, the 22
confinement may be in the custody of either the Division of Community Supervision and Reentry 23
of the Department of Adult Correction or a local confinement facility. Noncontinuous periods of 24
imprisonment under special probation may only be served in a designated local confinement or 25
treatment facility. If the person being ordered continuous or noncontinuous periods of 26
imprisonment is under the age of 18, that person must shall be committed to the Division of 27
Prisons and shall be imprisoned in a detention facility approved by the Division of Juvenile 28
Justice to provide secure confinement and care for juveniles or to a holdover facility as defined 29
in G.S. 7B-1501(11). operated by the Division of Prisons. Personnel of the Division of Juvenile 30
Justice, or personnel approved by the Division of Juvenile Justice, shall transport the person to 31
the facility operated by the Division of Prisons if the person is in custody of the Division of 32
Juvenile Justice at the time of commitment. If the person being ordered to a period or periods of 33
imprisonment reaches the age of 18 years while imprisoned, the person may be transported by 34
personnel of the Division of Juvenile Justice, Prisons, or personnel approved by the Juvenile 35
Justice Division, Division of Prisons, to the custody of the sheriff of the applicable local 36
confinement facility. Except for probationary sentences of impaired driving under G.S. 20-138.1, 37
the total of all periods of confinement imposed as an incident of special probation, but not 38
including an activated suspended sentence, may not exceed one-fourth the maximum sentence of 39
imprisonment imposed for the offense, and no confinement other than an activated suspended 40
sentence may be required beyond two years of conviction. For probationary sentences for 41
impaired driving under G.S. 20-138.1, the total of all periods of confinement imposed as an 42
incident of special probation, but not including an activated suspended sentence, shall not exceed 43
one-fourth the maximum penalty allowed by law. In imposing a sentence of special probation, 44
the judge may credit any time spent committed or confined, as a result of the charge, to either the 45
suspended sentence or to the imprisonment required for special probation. The original period of 46
probation, including the period of imprisonment required for special probation, shall be as 47
specified in G.S. 15A-1343.2(d), but may not exceed a maximum of five years, except as 48
provided by G.S. 15A-1342(a). The court may revoke, modify, or terminate special probation as 49
otherwise provided for probationary sentences." 50
SECTION 7.(j) G.S. 15A-1352 reads as rewritten: 51 General Assembly Of North Carolina Session 2025
DRH10226-ML-135 Page 13
"§ 15A-1352. Commitment to Division of Prisons of the Department of Adult Correction 1
or local confinement facility. 2
(a) Except as provided in subsection (f) of this section, a person sentenced to 3
imprisonment for a misdemeanor under this Article or for nonpayment of a fine for conviction 4
of a misdemeanor under Article 84 of this Chapter shall be committed for the term designated by 5
the court to the Statewide Misdemeanant Confinement Program as provided in G.S. 148-32.1 or, 6
if the period is for 90 days or less, to a local confinement facility, except as provided for in 7
G.S. 148-32.1(b). 8
If a person is sentenced to imprisonment for a misdemeanor under this Article or for 9
nonpayment of a fine under Article 84 of this Chapter, the sentencing judge may make a finding 10
of fact as to whether the person would be suitable for placement in a county satellite jail/work 11
release unit operated pursuant to G.S. 153A-230.3. If the sentencing judge makes a finding of 12
fact that the person would be suitable for placement in a county satellite jail/work release unit 13
and the person meets the requirements listed in G.S. 153A-230.3(a)(1), then the custodian of the 14
local confinement facility may transfer the misdemeanant to a county satellite jail/work release 15
unit. 16
If the person sentenced to imprisonment is under the age of 18, the person must shall be 17
committed to a detention facility approved by the Division of Juvenile Justice to provide secure 18
confinement and care for juveniles. the custody of the Division of Prisons of the Department of 19
Adult Correction and shall be confined in a facility operated by the Division of Prisons. Personnel 20
of the Division of Juvenile Justice or personnel approved by the Division of Juvenile Justice shall 21
transport the person to the detention facility. facility operated by the Division of Prisons, if the 22
person is in the custody of the Division of Juvenile Justice at the time of commitment. If the 23
person sentenced to imprisonment reaches the age of 18 years while imprisoned, the person may 24
be transported by personnel of the Juvenile Justice Division, Division of Prisons, or personnel 25
approved by the Juvenile Justice Division, Division of Prisons, to the custody of the sheriff of 26
the applicable local confinement facility. 27
… 28
(f) A person sentenced to imprisonment of any duration for impaired driving under 29
G.S. 20-138.1, other than imprisonment required as a condition of special probation under 30
G.S. 15A-1351(a) or G.S. 15A-1344(e), shall be committed to the Statewide Misdemeanant 31
Confinement Program established under G.S. 148-32.1. 32
If the person sentenced to imprisonment is under the age of 18, the person must shall be 33
committed to a detention facility approved by the Division of Juvenile Justice to provide secure 34
confinement and care for juveniles. the custody of the Division of Prisons of the Department of 35
Adult Correction and shall be confined in a facility operated by the Division of Prisons. Personnel 36
of the Division of Juvenile Justice or personnel approved by the Division of Juvenile Justice shall 37
transport the person to the detention facility. facility operated by the Division of Prisons, if the 38
person is in the custody of the Division of Juvenile Justice at the time of commitment. If the 39
person sentenced to imprisonment reaches the age of 18 years while imprisoned, the person may 40
be transported by personnel of the Division of Juvenile Justice, Prisons, or personnel approved 41
by the Division of Juvenile Justice, Prisons, to the custody of the sheriff of the applicable local 42
confinement facility. 43
…." 44
SECTION 7.(k) G.S. 148-13 reads as rewritten: 45
"§ 148-13. Regulations as to custody grades, privileges, gain time credit, etc. 46
… 47
(a1) The Secretary of the Department of Adult Correction shall adopt rules to specify the 48
rates at, and circumstances under, which earned time authorized by G.S. 15A-1340.13(d) and 49
G.S. 15A-1340.20(d) may be earned or forfeited by persons serving activated sentences of 50
imprisonment for felony or misdemeanor convictions. Such rules shall include any person 51 General Assembly Of North Carolina Session 2025
Page 14 DRH10226-ML-135
serving an activated sentence of imprisonment who is confined in a detention facility approved 1
by the Division of Juvenile Justice of the Department of Public Safety. 2
… 3
(e) The Secretary's regulations concerning earned time and good time credits authorized 4
by this section shall be distributed to and followed by local jail administrators and by personnel 5
of the Division of Juvenile Justice or personnel approved by the Division of Juvenile Justice with 6
regard to sentenced jail prisoners, including prisoners housed in a detention facility approved by 7
the Division of Juvenile Justice.prisoners. 8
…." 9
SECTION 7.(l) G.S. 148-32.1(e) reads as rewritten: 10
"(e) Upon entry of a prisoner serving a sentence of imprisonment for impaired driving 11
under G.S. 20-138.1 into a local confinement facility or to a detention facility approved by the 12
Division of Juvenile Justice of the Department of Public Safety a person under the age of 18 13
confined in a facility operated by the Division of Prisons of the Department of Adult Correction 14
pursuant to this section, the custodian of the local confinement facility or detention facility 15
operated by the Division of Prisons shall forward to the Post-Release Supervision and Parole 16
Commission information pertaining to the prisoner so as to make him eligible for parole 17
consideration pursuant to G.S. 15A-1371. Such information shall include date of incarceration, 18
jail credit, and such other information as may be required by the Post-Release Supervision and 19
Parole Commission. The Post-Release Supervision and Parole Commission shall approve a form 20
upon which the custodian shall furnish this information, which form will be provided to the 21
custodian by the Division of Prisons." 22
SECTION 7.(m) G.S. 20-179(k5)(5) reads as rewritten: 23
"(5) Submit to a period or periods of confinement in a local confinement facility 24
for a total of no more than six days per month during any three separate 25
months during the period of probation. The six days per month confinement 26
provided for in this subdivision may only be imposed as two-day or three-day 27
consecutive periods. When a defendant is on probation for multiple 28
judgments, confinement periods imposed under this subdivision shall run 29
concurrently and may total no more than six days per month. If the person 30
being ordered to a period or periods of confinement is under the age of 18, 31
that person must shall be confined in a detention facility approved by the 32
Division of Juvenile Justice of the Department of Public Safety to provide 33
secure confinement and care for juveniles or to a holdover facility as defined 34
in G.S. 7B-1501(11). operated by the Division of Prisons of the Department 35
of Adult Correction. If the person being ordered to a period or periods of 36
confinement reaches the age of 18 years while in confinement, the person may 37
be transported by personnel of the Division of Juvenile Justice, Prisons, or 38
personnel approved by the Division of Juvenile Justice, Prisons, to the custody 39
of the sheriff of the applicable local confinement facility." 40
41
PART VIII. SAVINGS CLAUSE AND EFFECTIVE DATE 42
SECTION 8.(a) Prosecutions for offenses committed before the effective date of 43
this act are not abated or affected by this act, and the statutes that would be applicable but for 44
this act remain applicable to those prosecutions. 45
SECTION 8.(b) Parts I through VI of this act become effective December 1, 2025, 46
and apply to offenses committed on or after that date. Part VII of this act becomes effective 47
August 1, 2025, and applies to offenses committed, sentences imposed, and any other orders of 48
imprisonment issued on or after that date. The remainder of this act is effective when it becomes 49
law. 50