North Carolina 2025-2026 Regular Session

North Carolina House Bill H483 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 483
	3	+	H D
	4	+	HOUSE BILL DRH10226-ML-135
	5	+
5	6
6	7
7	8		Short Title: Juvenile Justice Legislative Proposals. (Public)
8		-	Sponsors: Representatives Davis, Greene, and Carson Smith (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Judiciary 1, if favorable, Rules, Calendar, and Operations of the House
11		-	March 25, 2025
12		-	H483 -v-1
	9	+	Sponsors: Representative Davis.
	10	+	Referred to:
	11	+
	12	+	DRH10226 -ML-135
13	13		A BILL TO BE ENTITLED 1
14	14		AN ACT TO EXTEND TERMS OF PROBATION AND POST -RELEASE SUPERVISION 2
15	15		FOR YOUTH ADJUDICATED OF CERTAIN VIOLENT OFFENSES AND TO CLARIFY 3
16	16		A VICTIM'S RIGHT TO BE NOTIFIED ABOUT TERMINATION OF PROBATION OR 4
17	17		POST-RELEASE SUPERVISION; TO MODIFY THE CRITERIA FOR SECURE 5
18	18		CUSTODY TO CLARIFY THAT A SUPERIOR COURT JUDGE MAY ENTER A 6
19	19		SECURE CUSTODY ORDER FOLLOWING THE REMOVAL OF A CASE TO 7
20	20		JUVENILE COURT AND TO AUTHORIZE THE ISSUANCE OF A SECURE CUSTODY 8
21	21		ORDER IN RESPONSE TO THE VIOLATION OF A CHAPTER 50B DOMESTIC 9
22	22		VIOLENCE PROTECTIVE ORDER; TO CLARIFY THAT ALL FELONY SCHOOL 10
23	23		NOTIFICATIONS ARE LIMITED TO CLASS A THROUGH CLASS E FELONIES; TO 11
24	24		EXTEND THE RETENTION PERIOD FOR CLOSED COMPLAINTS TO ALLOW FOR 12
25	25		REVIEW BY THE PROSECUTOR; TO CREATE A CRIMINAL OFFENSE FOR 13
26	26		ESCAPING FROM A JUVENILE JUSTICE FACILITY OR OFFICER; TO CLARIFY 14
27	27		AND MAKE TECHNICAL CORRECTIONS TO THE JUVENILE CAPACITY TO 15
28	28		PROCEED PROCESS; AND TO CLARIFY THE PLACE OF CONFINEMENT FOR 16
29	29		PERSONS UNDER EIGHTEEN YEARS OF AGE WHO ARE SENTENCED TO 17
30	30		IMPRISONMENT IN THE DEPARTMENT OF ADULT CORRECTION , AS 18
31	31		RECOMMENDED BY THE DIVISION OF JUVENILE JUSTICE AND DELINQUENCY 19
32	32		PREVENTION OF THE DEPARTMENT OF PUBLIC SAFETY. 20
33	33		The General Assembly of North Carolina enacts: 21
34	34		22
35	35		PART I. EXTEND TERMS OF PROBATION AND POST -RELEASE SUPERVISION 23
36	36		FOR YOUTH ADJUDICATED OF CERTAIN VIOLENT OFFENSES AND CLARIFY A 24
37	37		VICTIM'S RIGHT TO BE NOTIFIED ABOUT TERMINATION OF PROBATION OR 25
38	38		POST-RELEASE SUPERVISION 26
39	39		SECTION 1.(a) G.S. 7B-2510 reads as rewritten: 27
40	40		"§ 7B-2510. Conditions of probation; violation of probation. 28
41	41		… 29
42	42		(c) An order of probation shall remain in force for a period not to exceed one year from 30
43	43		the date entered. Prior Except as otherwise provided in subsection (c1) of this section, prior to 31
44	44		expiration of an order of probation, the court may extend it for an additional period of one year 32
45	45		after notice and a hearing, if the court finds that the extension is necessary to protect the 33
46		-	community or to safeguard the welfare of the juvenile. At the discretion of the court, the hearing 34 General Assembly Of North Carolina Session 2025
47		-	Page 2 House Bill 483-First Edition
48		-	to determine to extend probation may occur after the expiration of an order of probation at the 1
49		-	next regularly scheduled court date or if the juvenile fails to appear in court. 2
50		-	(c1) Prior to expiration of an order of probation entered for an adjudication of an offense 3
51		-	that would be a Class A, B1, or B2 felony if committed by an adult, the court may extend the 4
52		-	term of probation for additional periods of up to one year after notice and a hearing, if the court 5
53		-	finds that the extension is necessary to protect the community or to safeguard the welfare of the 6
54		-	juvenile. The total period of probation entered for an adjudication of an offense that would be a 7
55		-	Class A, B1, or B2 felony if committed by an adult shall not exceed three years. At the discretion 8
56		-	of the court, the hearing to determine to extend probation may occur after the expiration of an 9
57		-	order of probation at the next regularly scheduled court date or if the juvenile fails to appear in 10
58		-	court. 11
59		-	(d) On motion of the juvenile court counselor or counselor, the juvenile, the prosecutor, 12
60		-	or on the court's own motion, the court may review the progress of any juvenile on probation at 13
61		-	any time during the period of probation or at the end of probation. The conditions or duration of 14
62		-	probation may be modified only as provided in this Subchapter and only after notice and a 15
63		-	hearing. 16
64		-	…." 17
65		-	SECTION 1.(b) G.S. 7B-2511 reads as rewritten: 18
66		-	"§ 7B-2511. Termination of probation. 19
67		-	At the end of or at any time during probation, the court may terminate probation by written 20
68		-	order upon finding that there is no further need for supervision. The Except for cases that involve 21
69		-	a victim as defined in Article 20A of this Chapter, the finding and order terminating probation 22
70		-	may be entered in chambers in the absence of the juvenile and may be based on a report from the 23
71		-	juvenile court counselor or, at the election of the court, the order may be entered with the juvenile 24
72		-	present after notice and a hearing. In cases involving a victim as defined in Article 20A of this 25
73		-	Chapter, the order may be entered with the juvenile present after notice and a hearing. If a victim 26
74		-	has requested to be notified of court proceedings pursuant to G.S. 7B-2053, the court shall 27
75		-	provide notice to the victim and the opportunity to be heard at the hearing by the prosecutor, the 28
76		-	victim, or the person who may assert the victim's rights as set forth in Article 20A of this 29
77		-	Chapter." 30
78		-	SECTION 1.(c) G.S. 7B-2514 reads as rewritten: 31
79		-	"§ 7B-2514. Post-release supervision planning; release. 32
80		-	… 33
81		-	(b) The Division shall develop the plan in writing and base the terms on the needs of the 34
82		-	juvenile and the protection of the public. Every Except as otherwise provided in subsection (b1) 35
83		-	of this section, every plan shall require the juvenile to complete at least 90 days, but not more 36
84		-	than one year, of post-release supervision. 37
85		-	(b1) Every plan developed for an offense that would be a Class A, B1, B2, or C felony if 38
86		-	committed by an adult shall require the juvenile to complete three years of post-release 39
87		-	supervision. The Division shall develop the plan in writing and base the terms on the needs of 40
88		-	the juvenile and the protection of the public. 41
	46	+	community or to safeguard the welfare of the juvenile. At the discretion of the court, the hearing 34
	47	+	to determine to extend probation may occur after the expiration of an order of probation at the 35
	48	+	next regularly scheduled court date or if the juvenile fails to appear in court. 36
	49	+	H.B. 483
	50	+	Mar 24, 2025
	51	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRH10226-ML-135
	53	+	(c1) Prior to expiration of an order of probation entered for an adjudication of an offense 1
	54	+	that would be a Class A, B1, or B2 felony if committed by an adult, the court may extend the 2
	55	+	term of probation for additional periods of up to one year after notice and a hearing, if the court 3
	56	+	finds that the extension is necessary to protect the community or to safeguard the welfare of the 4
	57	+	juvenile. The total period of probation entered for an adjudication of an offense that would be a 5
	58	+	Class A, B1, or B2 felony if committed by an adult shall not exceed three years. At the discretion 6
	59	+	of the court, the hearing to determine to extend probation may occur after the expiration of an 7
	60	+	order of probation at the next regularly scheduled court date or if the juvenile fails to appear in 8
	61	+	court. 9
	62	+	(d) On motion of the juvenile court counselor or counselor, the juvenile, the prosecutor, 10
	63	+	or on the court's own motion, the court may review the progress of any juvenile on probation at 11
	64	+	any time during the period of probation or at the end of probation. The conditions or duration of 12
	65	+	probation may be modified only as provided in this Subchapter and only after notice and a 13
	66	+	hearing. 14
	67	+	…." 15
	68	+	SECTION 1.(b) G.S. 7B-2511 reads as rewritten: 16
	69	+	"§ 7B-2511. Termination of probation. 17
	70	+	At the end of or at any time during probation, the court may terminate probation by written 18
	71	+	order upon finding that there is no further need for supervision. The Except for cases that involve 19
	72	+	a victim as defined in Article 20A of this Chapter, the finding and order terminating probation 20
	73	+	may be entered in chambers in the absence of the juvenile and may be based on a report from the 21
	74	+	juvenile court counselor or, at the election of the court, the order may be entered with the juvenile 22
	75	+	present after notice and a hearing. In cases involving a victim as defined in Article 20A of this 23
	76	+	Chapter, the order may be entered with the juvenile present after notice and a hearing. If a victim 24
	77	+	has requested to be notified of court proceedings pursuant to G.S. 7B-2053, the court shall 25
	78	+	provide notice to the victim and the opportunity to be heard at the hearing by the prosecutor, the 26
	79	+	victim, or the person who may assert the victim's rights as set forth in Article 20A of this 27
	80	+	Chapter." 28
	81	+	SECTION 1.(c) G.S. 7B-2514 reads as rewritten: 29
	82	+	"§ 7B-2514. Post-release supervision planning; release. 30
	83	+	… 31
	84	+	(b) The Division shall develop the plan in writing and base the terms on the needs of the 32
	85	+	juvenile and the protection of the public. Every Except as otherwise provided in subsection (b1) 33
	86	+	of this section, every plan shall require the juvenile to complete at least 90 days, but not more 34
	87	+	than one year, of post-release supervision. 35
	88	+	(b1) Every plan developed for an offense that would be a Class A, B1, B2, or C felony if 36
	89	+	committed by an adult shall require the juvenile to complete three years of post-release 37
	90	+	supervision. The Division shall develop the plan in writing and base the terms on the needs of 38
	91	+	the juvenile and the protection of the public. 39
	92	+	… 40
	93	+	(g) A juvenile on post-release supervision shall be supervised by a juvenile court 41
	94	+	counselor. Post-release supervision shall be terminated by order of the court. For plans developed 42
	95	+	pursuant to subsection (b1) of this section, post-release supervision may be terminated with the 43
	96	+	juvenile present after notice and a hearing. If a victim has requested to be notified of court 44
	97	+	proceedings pursuant to G.S. 7B-2053, the court shall provide notice to the victim and the 45
	98	+	opportunity to be heard at the hearing by the prosecutor and the victim or the person who may 46
	99	+	assert the victim's rights as set forth in Article 20A of this Chapter." 47
	100	+	48
	101	+	PART II. MODIFY THE CRITERIA FOR SECURE CUSTODY TO CLARIFY THAT A 49
	102	+	SUPERIOR COURT JUDGE MAY ENTER A SECURE CUSTODY ORDER 50
	103	+	FOLLOWING THE REMOVAL OF A CASE TO JUVENILE COURT AND 51 General Assembly Of North Carolina Session 2025
	104	+	DRH10226-ML-135 Page 3
	105	+	AUTHORIZE THE ISSUANCE OF A SECURE CUSTODY ORDER IN RESPONSE TO 1
	106	+	THE VIOLATION OF A CHAPTER 50B DOMESTIC VIOLENCE PROTECTIVE 2
	107	+	ORDER 3
	108	+	SECTION 2.(a) G.S. 7B-1903 reads as rewritten: 4
	109	+	"§ 7B-1903. Criteria for secure or nonsecure custody. 5
	110	+	… 6
	111	+	(b) When a request is made for secure custody, the court may order secure custody only 7
	112	+	where the court finds there is a reasonable factual basis to believe that the juvenile committed 8
	113	+	the offense as alleged in the petition, petition or in the indictment or criminal information if the 9
	114	+	request is made pursuant to G.S. 15A-960, and that one of the following circumstances exists: 10
	115	+	(1) The juvenile is charged with a felony and has demonstrated that the juvenile 11
	116	+	is a danger to property or persons. 12
	117	+	(1a) The juvenile is charged with the violation of a valid protective order entered 13
	118	+	pursuant to Chapter 50B of the General Statutes and is alleged to have 14
	119	+	knowingly violated conditions of the protective order excluding the juvenile 15
	120	+	from the residence or household occupied by a victim of domestic violence or 16
	121	+	directing the juvenile to refrain from doing any or all of the acts specified in 17
	122	+	G.S. 50B-3(a)(9). 18
	123	+	…." 19
	124	+	SECTION 2.(b) G.S. 50B-4.1(b) reads as rewritten: 20
	125	+	"(b) A law enforcement officer shall arrest and take a person into custody, with or without 21
	126	+	a warrant or other process, if the officer has probable cause to believe that the person knowingly 22
	127	+	has violated a valid protective order excluding the person from the residence or household 23
	128	+	occupied by a victim of domestic violence or directing the person to refrain from doing any or 24
	129	+	all of the acts specified in G.S. 50B-3(a)(9). If the person is under the age of 18, the law 25
	130	+	enforcement officer shall request that a juvenile petition be filed for the alleged violation of a 26
	131	+	valid protective order entered pursuant to this Chapter and shall request the issuance of a secure 27
	132	+	custody order pursuant to G.S. 7B-1903." 28
	133	+	29
	134	+	PART III. CLARIFY THAT ALL FELONY SCHOOL NOTIFICATIONS ARE LIMITED 30
	135	+	TO CLASS A THROUGH CLASS E FELONIES 31
	136	+	SECTION 3. G.S. 7B-3101(a) reads as rewritten: 32
	137	+	"(a) Notwithstanding G.S. 7B-3000, the juvenile court counselor shall deliver verbal and 33
	138	+	written notification of any of the following actions to the principal of the school that the juvenile 34
	139	+	attends: 35
	140	+	(1) A petition is filed under G.S. 7B-1802 that alleges delinquency for an offense 36
	141	+	that would constitute a Class A, B1, B2, C, D, or E felony if committed by an 37
	142	+	adult. The principal of the school shall make an individualized decision related 38
	143	+	to the status of the student during the pendency of the matter and not have an 39
	144	+	automatic suspension policy. 40
	145	+	(2) The court transfers jurisdiction over a juvenile to the superior court under 41
	146	+	G.S. 7B-2200.5 or G.S. 7B-2200.G.S. 7B-2200 for an offense that would 42
	147	+	constitute a Class A, B1, B2, C, D, or E felony if committed by an adult. 43
	148	+	(3) The court dismisses under G.S. 7B-2411 the petition that alleges delinquency 44
	149	+	for an offense that would be a Class A, B1, B2, C, D, or E felony if committed 45
	150	+	by an adult. 46
	151	+	(4) The court issues a dispositional order under Article 25 of Chapter 7B of the 47
	152	+	General Statutes including, but not limited to, an order of probation that 48
	153	+	requires school attendance, concerning a juvenile alleged or found delinquent 49
	154	+	for an offense that would be a Class A, B1, B2, C, D, or E felony if committed 50
	155	+	by an adult. 51 General Assembly Of North Carolina Session 2025
	156	+	Page 4 DRH10226-ML-135
	157	+	(5) The court modifies or vacates any order or disposition under G.S. 7B-2600 1
	158	+	concerning a juvenile alleged or found delinquent for an offense that would 2
	159	+	be a Class A, B1, B2, C, D, or E felony if committed by an adult. 3
	160	+	Notification of the school principal in person or by telephone shall be made before the 4
	161	+	beginning of the next school day. Delivery shall be made as soon as practicable but at least within 5
	162	+	five days of the action. Delivery shall be made in person or by certified mail. Notification that a 6
	163	+	petition has been filed shall describe the nature of the offense. Notification of a dispositional 7
	164	+	order, a modified or vacated order, or a transfer to superior court shall describe the court's action 8
	165	+	and any applicable disposition requirements. As used in this subsection, the term "offense" does 9
	166	+	not include any offense under Chapter 20 of the General Statutes." 10
	167	+	11
	168	+	PART IV. EXTEND THE RETENTION PERIOD FOR CLOSED COMPLAINTS TO 12
	169	+	ALLOW FOR REVIEW BY THE PROSECUTOR 13
	170	+	SECTION 4. G.S. 7B-1703(c) reads as rewritten: 14
	171	+	"(c) If the juvenile court counselor determines that a petition should not be filed or the 15
	172	+	complaint handled as a juvenile consultation, the juvenile court counselor shall notify the 16
	173	+	complainant and the victim, if the complainant is not the victim, immediately in writing with 17
	174	+	specific reasons for the decision, whether or not legal sufficiency was found, and whether the 18
	175	+	matter was closed or diverted and retained, and shall include notice of the complainant's and 19
	176	+	victim's right to have the decision reviewed by the prosecutor. The juvenile court counselor shall 20
	177	+	sign the complaint after indicating on it: 21
	178	+	(1) The date of the determination; 22
	179	+	(2) The words "Not Approved for Filing"; and 23
	180	+	(3) Whether the matter is "Closed" or "Diverted and Retained". 24
	181	+	Except as provided in G.S. 7B-1706, any complaint not approved for filing as a juvenile 25
	182	+	petition or handled as a juvenile consultation shall be destroyed by the juvenile court counselor 26
	183	+	after holding the complaint for a temporary period of at least one year to allow review as provided 27
	184	+	in G.S. 7B-1704 and G.S. 7B-1705." 28
	185	+	29
	186	+	PART V. CREATE A CRIMINAL OFFENSE FOR ESCAPING FROM A JUVENILE 30
	187	+	JUSTICE FACILITY OR OFFICER 31
	188	+	SECTION 5. Article 33 of Chapter 14 of the General Statutes is amended by adding 32
	189	+	a new section to read: 33
	190	+	"§ 14-256.2. Escape from juvenile detention facilities or officers. 34
	191	+	(a) Offense and Punishment. – If any person shall break any detention facility, holdover 35
	192	+	facility, or youth development center, being lawfully detained therein, or shall escape from the 36
	193	+	lawful custody of any employee, guard, or officer of the Division of Juvenile Justice of the 37
	194	+	Department of Public Safety, the person is guilty of a Class 1 misdemeanor, except that the person 38
	195	+	is guilty of a Class H felony if any of the following apply: 39
	196	+	(1) The person has been charged with a felony and has been committed to the 40
	197	+	facility pending trial or transfer to the State prison system. 41
	198	+	(2) The person is alleged to be within the jurisdiction of the juvenile court for an 42
	199	+	offense that would be a felony if committed by an adult and has been placed 43
	200	+	in secure custody. 44
	201	+	(3) The person has been adjudicated delinquent for an offense that would be a 45
	202	+	felony if committed by an adult and has been placed in secure custody or 46
	203	+	committed to the custody of the Division of Juvenile Justice and Delinquency 47
	204	+	Prevention for placement in a youth development center. 48
	205	+	(b) Definitions. – For purposes of this section, the terms "detention facility," "holdover 49
	206	+	facility," and "youth development center" are as defined in G.S. 7B-1501." 50
	207	+	51 General Assembly Of North Carolina Session 2025
	208	+	DRH10226-ML-135 Page 5
	209	+	PART VI. CLARIFY AND MAKE TECHNICAL CORRECTIONS TO THE JUVENILE 1
	210	+	CAPACITY TO PROCEED PROCESS 2
	211	+	SECTION 6.(a) G.S. 7B-2401.2 reads as rewritten: 3
	212	+	"§ 7B-2401.2. Procedures to determine capacity; hearing procedures; evidence. 4
	213	+	… 5
	214	+	(e) Any report made to the court pursuant to this section shall be forwarded to the clerk 6
	215	+	of superior court in a sealed envelope addressed to the attention of a presiding judge, with a 7
	216	+	covering statement to the clerk of the fact of the examination of the juvenile and any conclusion 8
	217	+	as to whether the juvenile has or lacks capacity to proceed. If the juvenile is being held in the 9
	218	+	custody of the Division, the The clerk shall send a copy of the covering statement to the Division. 10
	219	+	The Division and any persons employed by the Division shall maintain the copy of the covering 11
	220	+	statement as a confidential record. A copy of the full report shall be forwarded to the juvenile's 12
	221	+	counsel. If the question of the juvenile's capacity to proceed is raised at any time, a copy of the 13
	222	+	full report must be forwarded to the prosecutor. Until the question of the juvenile's capacity is 14
	223	+	raised, the full report to the court shall be kept under such conditions as are directed by the court, 15
	224	+	and its contents shall not be revealed except the report and the relevant confidential information 16
	225	+	previously ordered released under G.S. 7B-2401.3(c) shall be released to the program where the 17
	226	+	juvenile is receiving remediation services and as directed by the court. revealed. Any report made 18
	227	+	to the court pursuant to this section shall be maintained as a confidential record. 19
	228	+	… 20
	229	+	(h) When the capacity of the juvenile to proceed is questioned, the court shall hold a 21
	230	+	hearing to determine the juvenile's capacity to proceed. If an evaluation is ordered pursuant to 22
	231	+	subsection (b) of this section, the hearing shall be held upon receipt of the forensic evaluation 23
	232	+	report. The clerk shall provide notice to the juvenile and juvenile, the prosecutor prosecutor, and 24
	233	+	the chief court counselor in accordance with G.S. 7B-1807. The order of the court shall contain 25
	234	+	findings of fact to support its determination of the juvenile's capacity to proceed. The parties may 26
	235	+	stipulate that the juvenile is capable to proceed but shall not be allowed to stipulate that the 27
	236	+	juvenile lacks capacity to proceed. If the court finds the juvenile is capable to proceed, the 28
	237	+	juvenile proceedings shall no longer be stayed, and the court shall set a date for such further 29
	238	+	proceedings. If the juvenile's capacity to proceed is contested, the juvenile bears the burden of 30
	239	+	proving the juvenile is incapable to proceed by a preponderance of the evidence. At a contested 31
	240	+	hearing, the State and the juvenile may call witnesses and present evidence. Nothing in this 32
	241	+	subsection may be construed to prohibit the State or the juvenile from calling other expert 33
	242	+	witnesses to testify at a capacity hearing. If appropriate, the If the court finds that the juvenile is 34
	243	+	not capable to proceed, the court must determine if the juvenile is substantially likely to attain 35
	244	+	capacity in the foreseeable future. If the court finds that the juvenile is substantially likely to 36
	245	+	attain capacity in the foreseeable future, the court may order remediation services in accordance 37
	246	+	with G.S. 7B-2401.4. 38
	247	+	…." 39
	248	+	SECTION 6.(b) G.S. 7B-2401.4 reads as rewritten: 40
	249	+	"§ 7B-2401.4. Remediation. 41
89	250		… 42
90		-	(g) A juvenile on post-release supervision shall be supervised by a juvenile court 43
91		-	counselor. Post-release supervision shall be terminated by order of the court. For plans developed 44
92		-	pursuant to subsection (b1) of this section, post-release supervision may be terminated with the 45
93		-	juvenile present after notice and a hearing. If a victim has requested to be notified of court 46
94		-	proceedings pursuant to G.S. 7B-2053, the court shall provide notice to the victim and the 47
95		-	opportunity to be heard at the hearing by the prosecutor and the victim or the person who may 48
96		-	assert the victim's rights as set forth in Article 20A of this Chapter." 49
97		-	50 General Assembly Of North Carolina Session 2025
98		-	House Bill 483-First Edition Page 3
99		-	PART II. MODIFY THE CRITERIA FOR SECURE CUSTODY TO CLARIFY THA T A 1
100		-	SUPERIOR COURT JUDGE MAY ENTER A SECURE CUSTODY ORDER 2
101		-	FOLLOWING THE REMOVA L OF A CASE TO JUVEN ILE COURT AND 3
102		-	AUTHORIZE THE ISSUAN CE OF A SECURE CUSTO DY ORDER IN RESPONSE TO 4
103		-	THE VIOLATION OF A C HAPTER 50B DOMESTIC VIOLENCE PROTECTIVE 5
104		-	ORDER 6
105		-	SECTION 2.(a) G.S. 7B-1903 reads as rewritten: 7
106		-	"§ 7B-1903. Criteria for secure or nonsecure custody. 8
107		-	… 9
108		-	(b) When a request is made for secure custody, the court may order secure custody only 10
109		-	where the court finds there is a reasonable factual basis to believe that the juvenile committed 11
110		-	the offense as alleged in the petition, petition or in the indictment or criminal information if the 12
111		-	request is made pursuant to G.S. 15A-960, and that one of the following circumstances exists: 13
112		-	(1) The juvenile is charged with a felony and has demonstrated that the juvenile 14
113		-	is a danger to property or persons. 15
114		-	(1a) The juvenile is charged with the violation of a valid protective order entered 16
115		-	pursuant to Chapter 50B of the General Statutes and is alleged to have 17
116		-	knowingly violated conditions of the protective order excluding the juvenile 18
117		-	from the residence or household occupied by a victim of domestic violence or 19
118		-	directing the juvenile to refrain from doing any or all of the acts specified in 20
119		-	G.S. 50B-3(a)(9). 21
120		-	…." 22
121		-	SECTION 2.(b) G.S. 50B-4.1(b) reads as rewritten: 23
122		-	"(b) A law enforcement officer shall arrest and take a person into custody, with or without 24
123		-	a warrant or other process, if the officer has probable cause to believe that the person knowingly 25
124		-	has violated a valid protective order excluding the person from the residence or household 26
125		-	occupied by a victim of domestic violence or directing the person to refrain from doing any or 27
126		-	all of the acts specified in G.S. 50B-3(a)(9). If the person is under the age of 18, the law 28
127		-	enforcement officer shall request that a juvenile petition be filed for the alleged violation of a 29
128		-	valid protective order entered pursuant to this Chapter and shall request the issuance of a secure 30
129		-	custody order pursuant to G.S. 7B-1903." 31
130		-	32
131		-	PART III. CLARIFY THAT ALL FELONY SCHOOL NOTIFICATIONS ARE LIMITED 33
132		-	TO CLASS A THROUGH C LASS E FELONIES 34
133		-	SECTION 3. G.S. 7B-3101(a) reads as rewritten: 35
134		-	"(a) Notwithstanding G.S. 7B-3000, the juvenile court counselor shall deliver verbal and 36
135		-	written notification of any of the following actions to the principal of the school that the juvenile 37
136		-	attends: 38
137		-	(1) A petition is filed under G.S. 7B-1802 that alleges delinquency for an offense 39
138		-	that would constitute a Class A, B1, B2, C, D, or E felony if committed by an 40
139		-	adult. The principal of the school shall make an individualized decision related 41
140		-	to the status of the student during the pendency of the matter and not have an 42
141		-	automatic suspension policy. 43
142		-	(2) The court transfers jurisdiction over a juvenile to the superior court under 44
143		-	G.S. 7B-2200.5 or G.S. 7B-2200.G.S. 7B-2200 for an offense that would 45
144		-	constitute a Class A, B1, B2, C, D, or E felony if committed by an adult. 46
145		-	(3) The court dismisses under G.S. 7B-2411 the petition that alleges delinquency 47
146		-	for an offense that would be a Class A, B1, B2, C, D, or E felony if committed 48
147		-	by an adult. 49
148		-	(4) The court issues a dispositional order under Article 25 of Chapter 7B of the 50
149		-	General Statutes including, but not limited to, an order of probation that 51 General Assembly Of North Carolina Session 2025
150		-	Page 4 House Bill 483-First Edition
151		-	requires school attendance, concerning a juvenile alleged or found delinquent 1
152		-	for an offense that would be a Class A, B1, B2, C, D, or E felony if committed 2
153		-	by an adult. 3
154		-	(5) The court modifies or vacates any order or disposition under G.S. 7B-2600 4
155		-	concerning a juvenile alleged or found delinquent for an offense that would 5
156		-	be a Class A, B1, B2, C, D, or E felony if committed by an adult. 6
157		-	Notification of the school principal in person or by telephone shall be made before the 7
158		-	beginning of the next school day. Delivery shall be made as soon as practicable but at least within 8
159		-	five days of the action. Delivery shall be made in person or by certified mail. Notification that a 9
160		-	petition has been filed shall describe the nature of the offense. Notification of a dispositional 10
161		-	order, a modified or vacated order, or a transfer to superior court shall describe the court's action 11
162		-	and any applicable disposition requirements. As used in this subsection, the term "offense" does 12
163		-	not include any offense under Chapter 20 of the General Statutes." 13
164		-	14
165		-	PART IV. EXTEND THE RETENTION PERIOD FOR CLOSED COMPLAINTS T O 15
166		-	ALLOW FOR REVIEW BY THE PROSECUTOR 16
167		-	SECTION 4. G.S. 7B-1703(c) reads as rewritten: 17
168		-	"(c) If the juvenile court counselor determines that a petition should not be filed or the 18
169		-	complaint handled as a juvenile consultation, the juvenile court counselor shall notify the 19
170		-	complainant and the victim, if the complainant is not the victim, immediately in writing with 20
171		-	specific reasons for the decision, whether or not legal sufficiency was found, and whether the 21
172		-	matter was closed or diverted and retained, and shall include notice of the complainant's and 22
173		-	victim's right to have the decision reviewed by the prosecutor. The juvenile court counselor shall 23
174		-	sign the complaint after indicating on it: 24
175		-	(1) The date of the determination; 25
176		-	(2) The words "Not Approved for Filing"; and 26
177		-	(3) Whether the matter is "Closed" or "Diverted and Retained". 27
178		-	Except as provided in G.S. 7B-1706, any complaint not approved for filing as a juvenile 28
179		-	petition or handled as a juvenile consultation shall be destroyed by the juvenile court counselor 29
180		-	after holding the complaint for a temporary period of at least one year to allow review as provided 30
181		-	in G.S. 7B-1704 and G.S. 7B-1705." 31
182		-	32
183		-	PART V. CREATE A CRIMINAL OFFENSE FOR ES CAPING FROM A JUVENI LE 33
184		-	JUSTICE FACILITY OR OFFICER 34
185		-	SECTION 5. Article 33 of Chapter 14 of the General Statutes is amended by adding 35
186		-	a new section to read: 36
187		-	"§ 14-256.2. Escape from juvenile detention facilities or officers. 37
188		-	(a) Offense and Punishment. – If any person shall break any detention facility, holdover 38
189		-	facility, or youth development center, being lawfully detained therein, or shall escape from the 39
190		-	lawful custody of any employee, guard, or officer of the Division of Juvenile Justice of the 40
191		-	Department of Public Safety, the person is guilty of a Class 1 misdemeanor, except that the person 41
192		-	is guilty of a Class H felony if any of the following apply: 42
193		-	(1) The person has been charged with a felony and has been committed to the 43
194		-	facility pending trial or transfer to the State prison system. 44
195		-	(2) The person is alleged to be within the jurisdiction of the juvenile court for an 45
196		-	offense that would be a felony if committed by an adult and has been placed 46
197		-	in secure custody. 47
198		-	(3) The person has been adjudicated delinquent for an offense that would be a 48
199		-	felony if committed by an adult and has been placed in secure custody or 49
200		-	committed to the custody of the Division of Juvenile Justice and Delinquency 50
201		-	Prevention for placement in a youth development center. 51 General Assembly Of North Carolina Session 2025
202		-	House Bill 483-First Edition Page 5
203		-	(b) Definitions. – For purposes of this section, the terms "detention facility," "holdover 1
204		-	facility," and "youth development center" are as defined in G.S. 7B-1501." 2
205		-	3
206		-	PART VI. CLARIFY AND MAKE TECHNICAL CORR ECTIONS TO THE JUVEN ILE 4
207		-	CAPACITY TO PROCEED PROCESS 5
208		-	SECTION 6.(a) G.S. 7B-2401.2 reads as rewritten: 6
209		-	"§ 7B-2401.2. Procedures to determine capacity; hearing procedures; evidence. 7
210		-	… 8
211		-	(e) Any report made to the court pursuant to this section shall be forwarded to the clerk 9
212		-	of superior court in a sealed envelope addressed to the attention of a presiding judge, with a 10
213		-	covering statement to the clerk of the fact of the examination of the juvenile and any conclusion 11
214		-	as to whether the juvenile has or lacks capacity to proceed. If the juvenile is being held in the 12
215		-	custody of the Division, the The clerk shall send a copy of the covering statement to the Division. 13
216		-	The Division and any persons employed by the Division shall maintain the copy of the covering 14
217		-	statement as a confidential record. A copy of the full report shall be forwarded to the juvenile's 15
218		-	counsel. If the question of the juvenile's capacity to proceed is raised at any time, a copy of the 16
219		-	full report must be forwarded to the prosecutor. Until the question of the juvenile's capacity is 17
220		-	raised, the full report to the court shall be kept under such conditions as are directed by the court, 18
221		-	and its contents shall not be revealed except the report and the relevant confidential information 19
222		-	previously ordered released under G.S. 7B-2401.3(c) shall be released to the program where the 20
223		-	juvenile is receiving remediation services and as directed by the court. revealed. Any report made 21
224		-	to the court pursuant to this section shall be maintained as a confidential record. 22
225		-	… 23
226		-	(h) When the capacity of the juvenile to proceed is questioned, the court shall hold a 24
227		-	hearing to determine the juvenile's capacity to proceed. If an evaluation is ordered pursuant to 25
228		-	subsection (b) of this section, the hearing shall be held upon receipt of the forensic evaluation 26
229		-	report. The clerk shall provide notice to the juvenile and juvenile, the prosecutor prosecutor, and 27
230		-	the chief court counselor in accordance with G.S. 7B-1807. The order of the court shall contain 28
231		-	findings of fact to support its determination of the juvenile's capacity to proceed. The parties may 29
232		-	stipulate that the juvenile is capable to proceed but shall not be allowed to stipulate that the 30
233		-	juvenile lacks capacity to proceed. If the court finds the juvenile is capable to proceed, the 31
234		-	juvenile proceedings shall no longer be stayed, and the court shall set a date for such further 32
235		-	proceedings. If the juvenile's capacity to proceed is contested, the juvenile bears the burden of 33
236		-	proving the juvenile is incapable to proceed by a preponderance of the evidence. At a contested 34
237		-	hearing, the State and the juvenile may call witnesses and present evidence. Nothing in this 35
238		-	subsection may be construed to prohibit the State or the juvenile from calling other expert 36
239		-	witnesses to testify at a capacity hearing. If appropriate, the If the court finds that the juvenile is 37
240		-	not capable to proceed, the court must determine if the juvenile is substantially likely to attain 38
241		-	capacity in the foreseeable future. If the court finds that the juvenile is substantially likely to 39
242		-	attain capacity in the foreseeable future, the court may order remediation services in accordance 40
243		-	with G.S. 7B-2401.4. 41
244		-	…." 42
245		-	SECTION 6.(b) G.S. 7B-2401.4 reads as rewritten: 43
246		-	"§ 7B-2401.4. Remediation. 44
247		-	… 45
248		-	(b) When the court finds the juvenile incapable to proceed, and substantially likely to 46
249		-	attain capacity in the foreseeable future, the court may order remediation services. The 47
250		-	remediation services shall be based on the recommendations from the forensic evaluation. All 48
251		-	forensic evaluations for the juvenile and the relevant confidential information previously ordered 49
252		-	released under G.S. 7B-2401.3(c) shall be released to the program or programs where the juvenile 50
253		-	is receiving remediation services as directed by the court. 51 General Assembly Of North Carolina Session 2025
254		-	Page 6 House Bill 483-First Edition
255		-	… 1
256		-	(e) An order for remediation services shall contain all of the following: 2
257		-	(1) Written findings of fact regarding the least restrictive environment for the 3
258		-	remediation services. 4
259		-	(2) If the court order allows for secure confinement pursuant to subsection (d) of 5
260		-	this section, the maximum time for placement in a secure facility shall be 6
261		-	pursuant to subsection (f) of this section. 7
262		-	(3) Whether remediation services shall include mental health treatment to reduce 8
263		-	interfering symptoms, specialized psychoeducational programming, or a 9
264		-	combination of these interventions. If both mental health services and 10
265		-	psychoeducational programming are ordered, the court shall identify a 11
266		-	provider for each service. 12
267		-	… 13
268		-	(g) The Division shall be responsible for the provision of psychoeducation remediation 14
269		-	programming and working with community partners to secure any additional services 15
270		-	recommended in the forensic evaluation report. The Division is authorized to contract with the 16
271		-	University of North Carolina at Chapel Hill or any other qualified educational organization to 17
272		-	develop and conduct related trainings and curriculum. 18
273		-	The remediation service provider or providers shall provide reports to the court at least every 19
274		-	90 days. Any report made to the court pursuant to this subsection shall be forwarded to the clerk 20
275		-	of superior court addressed to the attention of the presiding judge. judge and to the juvenile's 21
276		-	attorney. A report provided under this subsection shall include all of the following: 22
277		-	(1) The dates of any services provided to the juvenile. 23
278		-	(2) A summary of the juvenile's attendance and participation. 24
279		-	(3) Information about the juvenile's progress in the areas that were found to be 25
280		-	relevant to the juvenile's incapacity, incapacity and that are the focus of the 26
281		-	provider's services, including education regarding court procedures and 27
282		-	stabilization or improvement of symptoms leading to functional impairments. 28
283		-	No statement or disclosure made by the juvenile during the remediation services regarding 29
284		-	the juvenile's responsibility for a criminal act that can result either in an adjudication of 30
285		-	delinquency or transfer of a matter to superior court for trial as an adult is admissible in any 31
286		-	juvenile or criminal proceeding against the juvenile or defendant. All remediation progress 32
287		-	reports, summaries, and notes shall not include any such statement. 33
288		-	The court shall hold a hearing within 30 days of receipt of the remediation progress report to 34
289		-	review the remediation services. The remediation review hearing may be informal, and the court 35
290		-	may consider all remediation progress reports. The court may consider any evidence, including 36
291		-	hearsay evidence as defined in G.S. 8C-1, Rule 801, that the court finds to be relevant, reliable, 37
292		-	and necessary to determine if remediation services should continue or reassessment of capacity 38
293		-	is warranted. The juvenile and the juvenile's parent, guardian, or custodian shall have an 39
294		-	opportunity to present evidence, and they may advise the court concerning the remediation 40
295		-	services. The order of the court may be amended or supplemented only as provided in this 41
296		-	Subchapter and only after notice and a hearing. 42
297		-	… 43
298		-	(i) If, at any time during the remediation treatment, the remediation service provider 44
299		-	finds that the juvenile has likely completed the requirements of the remediation services, the 45
300		-	remediation service provider shall provide written notification to the court, the prosecutor, and 46
301		-	the juvenile's attorney within two business days regarding this finding. A copy of any remediation 47
302		-	report or reports shall be forwarded to the court and to the juvenile's attorney. The court may 48
303		-	order the release of a remediation report to the prosecutor after providing the juvenile with 49
304		-	reasonable notice and an opportunity to be heard and then determining that the information is 50
305		-	relevant and necessary to the hearing of the matter before the court and unavailable from any 51 General Assembly Of North Carolina Session 2025
306		-	House Bill 483-First Edition Page 7
307		-	other source. This subsection shall not be construed to relieve any court of its duty to conduct 1
308		-	hearings and make findings required under relevant federal law before ordering the release of 2
309		-	any private medical or mental health information or records related to substance abuse or HIV 3
310		-	status or treatment. The records shall be withheld from public inspection and, except as provided 4
311		-	in this subsection, may be examined only by order of the court. The juvenile's matter shall be 5
312		-	returned to court within a reasonable time, and not more than 30 days after the completion of 6
313		-	remediation services, for a remediation review or further proceedings.hearing. 7
314		-	(j) Any remediation report completed by a psychoeducation provider on the juvenile's 8
315		-	progress in the psychoeducation curriculum shall be provided by the clerk of superior court to 9
316		-	the prosecutor and the chief court counselor. 10
317		-	(k) The court may order the release of any remediation report that contains information 11
318		-	about the juvenile's mental health treatment to the prosecutor after providing the juvenile with 12
319		-	reasonable notice and an opportunity to be heard and then determining that the information is 13
320		-	relevant and necessary to the hearing of the matter before the court and unavailable from any 14
321		-	other source. This subsection shall not be construed to relieve any court of its duty to conduct 15
322		-	hearings and make findings required under relevant federal law before ordering the release of 16
323		-	any private medical or mental health information or records related to substance abuse or HIV 17
324		-	status or treatment. The records shall be withheld from public inspection and, except as provided 18
325		-	in this subsection, may be examined only by order of the court. 19
326		-	(l) The court shall hold a remediation review hearing within 30 days of receipt of the 20
327		-	remediation progress report or reports or notification that the juvenile has likely completed the 21
328		-	requirements of the remediation services. The remediation review hearing may be informal, and 22
329		-	the court may consider all remediation progress reports. The court may consider any evidence, 23
330		-	including hearsay evidence as defined in G.S. 8C-1, Rule 801, that the court finds to be relevant, 24
331		-	reliable, and necessary to determine if a remediation service or services should continue, 25
332		-	reassessment of capacity is warranted, or the juvenile is not substantially likely to attain capacity 26
333		-	in the foreseeable future. The juvenile and the juvenile's parent, guardian, or custodian shall have 27
334		-	an opportunity to present evidence, and they may advise the court concerning the remediation 28
335		-	service or services. The order of the court requiring remediation service or services may be 29
336		-	amended or supplemented only as provided in this Subchapter and only after notice and a hearing. 30
337		-	If the court determines that reassessment of capacity is warranted, the court shall order a new 31
338		-	forensic evaluation pursuant to the procedure contained in G.S. 7B-2401.2. This forensic 32
339		-	evaluation shall be performed by the original forensic evaluator when possible and comply with 33
340		-	the requirements of G.S. 7B-2401.3. Any forensic evaluation shall be conducted independently 34
341		-	of the remediation services and shall not be conducted by the remediation provider or providers. 35
342		-	A capacity hearing shall be held pursuant to the requirements in G.S. 7B-2401.2 upon receipt of 36
343		-	the forensic evaluation report. 37
344		-	If the court determines that the juvenile is not substantially likely to attain capacity in the 38
345		-	foreseeable future, the court shall proceed according to G.S. 7B-2401.5." 39
346		-	40
347		-	PART VII. CLARIFY THE PLACE OF CONFINEME NT FOR PERSONS UNDER 18 41
348		-	YEARS OF AGE WHO ARE SENTENCED TO IMPRIS ONMENT IN THE 42
349		-	DEPARTMENT OF ADULT CORRECTION 43
350		-	SECTION 7.(a) G.S. 7A-109.3 reads as rewritten: 44
351		-	"§ 7A-109.3. Delivery of commitment order. 45
352		-	… 46
353		-	(a1) If the district court sentences a person under the age of 18 to imprisonment and 47
354		-	commitment, commitment to the custody of the Division of Prisons of the Department of Adult 48
355		-	Correction, the clerk of superior court shall furnish the detention facility approved by the 49
356		-	Division of Juvenile Justice Division of Prisons of the Department of Adult Correction with the 50
357		-	signed order of commitment within 48 hours of the issuance of the sentence. 51 General Assembly Of North Carolina Session 2025
358		-	Page 8 House Bill 483-First Edition
359		-	… 1
360		-	(c) If the superior court sentences a person under the age of 18 to imprisonment and 2
361		-	commitment, commitment to the custody of the Division of Prisons of the Department of Adult 3
362		-	Correction, the clerk of superior court shall furnish the detention facility approved by the 4
363		-	Division of Juvenile Justice Division of Prisons of the Department of Adult Correction with the 5
364		-	signed order of commitment within 48 hours of the issuance of the sentence." 6
365		-	SECTION 7.(b) G.S. 15A-521 reads as rewritten: 7
366		-	"§ 15A-521. Commitment to detention facility pending trial. 8
367		-	(a) Commitment. – Every person charged with a crime and held in custody who has not 9
368		-	been released pursuant to Article 26 of this Chapter, Bail, must be committed by a written order 10
369		-	of the judicial official who conducted the initial appearance as provided in Article 24 to an 11
370		-	appropriate detention facility as provided in this section. If the person being committed by written 12
371		-	order is under the age of 18, that person must shall be committed to the custody of the Division 13
372		-	of Juvenile Justice of the Department of Public Safety and shall be confined in a detention facility 14
373		-	approved by the Division of Juvenile Justice to provide secure confinement and care for 15
374		-	juveniles, or to a holdover facility as defined in G.S. 7B-1501(11). If the person being committed 16
375		-	reaches the age of 18 years while held in custody, the person shall be transported by personnel 17
376		-	of the Juvenile Justice Division, Division of Juvenile Justice, or personnel approved by the 18
377		-	Juvenile Justice Division, Division of Juvenile Justice, to the custody of the sheriff of the county 19
378		-	where the charges arose. 20
379		-	… 21
380		-	(c) Copies and Use of Order, Receipt of Prisoner. – 22
381		-	(1) The order of commitment must be delivered to a law-enforcement officer, who 23
382		-	must deliver the order and the prisoner to the detention facility named therein. 24
383		-	(2) The jailer or personnel of the Juvenile Justice Division of Juvenile Justice 25
384		-	must receive the prisoner and the order of commitment, and note on the order 26
385		-	of commitment the time and date of receipt. As used in this subdivision, 27
386		-	"jailer" includes any person having control of a detention facility and 28
387		-	"personnel of the Juvenile Justice Division" Division of Juvenile Justice" 29
388		-	includes personnel approved by the Juvenile Justice Division.Division of 30
389		-	Juvenile Justice. 31
390		-	(3) Upon releasing the prisoner pursuant to the terms of the order, or upon 32
391		-	delivering the prisoner to the court, the jailer or personnel of the Juvenile 33
392		-	Justice Division of Juvenile Justice must note the time and date on the order 34
393		-	and return it to the clerk. Personnel of the Juvenile Justice Division, Division 35
394		-	of Juvenile Justice, or personnel approved by the Juvenile Justice Division, 36
395		-	Division of Juvenile Justice, shall transport the person under the age of 18 37
396		-	from the juvenile detention facility or holdover facility to court and shall 38
397		-	transfer the person back to the juvenile detention facility or holdover facility. 39
398		-	(4) Repealed by Session Laws 1975, 2nd Sess., c. 983, s. 142. 40
399		-	…." 41
400		-	SECTION 7.(c) G.S. 15A-1301 reads as rewritten: 42
401		-	"§ 15A-1301. Order of commitment to imprisonment when not otherwise specified. 43
402		-	When a judicial official orders that a defendant be imprisoned he must issue an appropriate 44
403		-	written commitment order. When the commitment is to a sentence of imprisonment, the 45
404		-	commitment must include the identification and class of the offense or offenses for which the 46
405		-	defendant was convicted and, if the sentences are consecutive, the maximum sentence allowed 47
406		-	by law upon conviction of each offense for the punishment range used to impose the sentence for 48
407		-	the class of offense and prior record or conviction level, and, if the sentences are concurrent or 49
408		-	consolidated, the longest of the maximum sentences allowed by law for the classes of offense 50
409		-	and prior record or conviction levels upon conviction of any of the offenses. If the person 51 General Assembly Of North Carolina Session 2025
410		-	House Bill 483-First Edition Page 9
411		-	sentenced to imprisonment is under the age of 18, the person must shall be committed to a 1
412		-	detention facility approved by the Division of Juvenile Justice to provide secure confinement and 2
413		-	care for juveniles. the custody of the Division of Prisons of the Department of Adult Correction 3
414		-	and shall be confined in a facility operated by the Division of Prisons. If the person is under the 4
415		-	age of 18, the person may be temporarily confined in a holdover facility as defined in 5
416		-	G.S. 7B-1501(11) until the person can be transferred to a juvenile detention facility. facility 6
417		-	operated by the Division of Prisons. Personnel of the Juvenile Justice Division of Juvenile Justice 7
418		-	or personnel approved by the Juvenile Justice Division of Juvenile Justice shall transport the 8
419		-	person to the juvenile detention Division of Prisons facility or the holdover facility.facility, if the 9
420		-	person is in the custody of the Division of Juvenile Justice at the time of commitment." 10
421		-	SECTION 7.(d) G.S. 15A-1343(a1)(3) reads as rewritten: 11
422		-	"(3) Submission to a period or periods of confinement in a local confinement 12
423		-	facility for a total of no more than six days per month during any three separate 13
424		-	months during the period of probation. The six days per month confinement 14
425		-	provided for in this subdivision may only be imposed as two-day or three-day 15
426		-	consecutive periods. When a defendant is on probation for multiple 16
427		-	judgments, confinement periods imposed under this subdivision shall run 17
428		-	concurrently and may total no more than six days per month. If the person 18
429		-	being ordered to a period or periods of confinement is under the age of 18, 19
430		-	that person must shall be committed to the custody of the Division of Prisons 20
431		-	of the Department of Adult Correction and shall be confined in a detention 21
432		-	facility approved by the Division of Juvenile Justice to provide secure 22
433		-	confinement and care for juveniles or to a holdover facility as defined in 23
434		-	G.S. 7B-1501(11). operated by the Division of Prisons. If the person being 24
435		-	ordered to a period or periods of confinement reaches the age of 18 years while 25
436		-	in confinement, the person may be transported by personnel of the Division 26
437		-	of Juvenile Justice, Prisons, or personnel approved by the Division of Juvenile 27
438		-	Justice, Prisons, to the custody of the sheriff of the applicable local 28
439		-	confinement facility." 29
440		-	SECTION 7.(e) G.S. 15A-1343.2(e)(5) reads as rewritten: 30
441		-	"(5) Submit to a period or periods of confinement in a local confinement facility 31
442		-	for a total of no more than six days per month during any three separate 32
443		-	months during the period of probation. The six days per month confinement 33
444		-	provided for in this subdivision may only be imposed as two-day or three-day 34
445		-	consecutive periods. When a defendant is on probation for multiple 35
446		-	judgments, confinement periods imposed under this subdivision shall run 36
447		-	concurrently and may total no more than six days per month. If the person 37
448		-	being ordered to a period or periods of confinement is under the age of 18, 38
449		-	that person must shall be committed to the custody of the Division of Prisons 39
450		-	of the Department of Adult Correction and shall be confined in a detention 40
451		-	facility approved by the Division of Juvenile Justice of the Department of 41
452		-	Public Safety to provide secure confinement and care for juveniles or to a 42
453		-	holdover facility as defined in G.S. 7B-1501(11). operated by the Division of 43
454		-	Prisons. If the person being ordered to a period or periods of confinement 44
455		-	reaches the age of 18 years while in confinement, the person may be 45
456		-	transported by personnel of the Division of Juvenile Justice, Prisons, or 46
457		-	personnel approved by the Division of Juvenile Justice, Prisons, to the custody 47
458		-	of the sheriff of the applicable local confinement facility." 48
459		-	SECTION 7.(f) G.S. 15A-1343.2(f)(6) reads as rewritten: 49
460		-	"(6) Submit to a period or periods of confinement in a local confinement facility 50
461		-	for a total of no more than six days per month during any three separate 51 General Assembly Of North Carolina Session 2025
462		-	Page 10 House Bill 483-First Edition
463		-	months during the period of probation. The six days per month confinement 1
464		-	provided for in this subdivision may only be imposed as two-day or three-day 2
465		-	consecutive periods. When a defendant is on probation for multiple 3
466		-	judgments, confinement periods imposed under this subdivision shall run 4
467		-	concurrently and may total no more than six days per month. If the person 5
468		-	being ordered to a period or periods of confinement is under the age of 18, 6
469		-	that person must shall be committed to the custody of the Division of Prisons 7
470		-	of the Department of Adult Correction and shall be confined in a detention 8
471		-	facility approved by the Division of Juvenile Justice to provide secure 9
472		-	confinement and care for juveniles or to a holdover facility as defined in 10
473		-	G.S. 7B-1501(11). operated by the Division of Prisons. If the person being 11
474		-	ordered to a period or periods of confinement reaches the age of 18 years while 12
475		-	in confinement, the person may be transported by personnel of the Division 13
476		-	of Juvenile Justice, Prisons, or personnel approved by the Division of Juvenile 14
477		-	Justice, Prisons, to the custody of the sheriff of the applicable local 15
478		-	confinement facility." 16
479		-	SECTION 7.(g) G.S. 15A-1344(d2) reads as rewritten: 17
480		-	"(d2) Confinement in Response to Violation. – When a defendant under supervision for a 18
481		-	felony conviction has violated a condition of probation other than G.S. 15A-1343(b)(1) or 19
482		-	G.S. 15A-1343(b)(3a), the court may impose a period of confinement of 90 consecutive days to 20
483		-	be served in the custody of the Division of Community Supervision and Reentry of the 21
484		-	Department of Adult Correction. The court may not revoke probation unless the defendant has 22
485		-	previously received a total of two periods of confinement under this subsection. A defendant may 23
486		-	receive only two periods of confinement under this subsection. The 90-day term of confinement 24
487		-	ordered under this subsection for a felony shall not be reduced by credit for time already served 25
488		-	in the case. Any such credit shall instead be applied to the suspended sentence. However, if the 26
489		-	time remaining on the maximum imposed sentence on a defendant under supervision for a felony 27
490		-	conviction is 90 days or less, then the term of confinement is for the remaining period of the 28
491		-	sentence. Confinement under this section shall be credited pursuant to G.S. 15-196.1. 29
492		-	When a defendant under supervision for a misdemeanor conviction sentenced pursuant to 30
493		-	Article 81B of Chapter 15A of the General Statutes has violated a condition of probation other 31
494		-	than G.S. 15A-1343(b)(1) or G.S. 15A-1343(b)(3a), the court may impose a period of 32
495		-	confinement pursuant to G.S. 15A-1343(a1)(3). If the person being ordered to a period of 33
496		-	confinement is under the age of 18, that person must shall be committed to the Division of Prisons 34
497		-	of the Department of Adult Correction and shall be confined in a detention facility approved by 35
498		-	the Division of Juvenile Justice to provide secure confinement and care for juveniles or to a 36
499		-	holdover facility as defined in G.S. 7B-1501(11). operated by the Division of Prisons. If the 37
500		-	person being ordered to a period of confinement reaches the age of 18 years while in confinement, 38
501		-	the person may be transported by personnel of the Division of Juvenile Justice, Prisons, or 39
502		-	personnel approved by the Division of Juvenile Justice, Prisons, to the custody of the sheriff of 40
503		-	the applicable local confinement facility. The court may not revoke probation unless the 41
504		-	defendant has previously received at least two periods of confinement for violating a condition 42
505		-	of probation other than G.S. 15A-1343(b)(1) or G.S. 15A-1343(b)(3a). Those periods of 43
506		-	confinement may have been imposed pursuant to G.S. 15A-1343(a1)(3), 15A-1343.2(e)(5), or 44
507		-	15A-1343.2(f)(6). The second period of confinement must have been imposed for a violation that 45
508		-	occurred after the defendant served the first period of confinement. Confinement under this 46
509		-	section shall be credited pursuant to G.S. 15-196.1. 47
510		-	When a defendant under supervision for a misdemeanor conviction not sentenced pursuant 48
511		-	to Article 81B of Chapter 15A of the General Statutes has violated a condition of probation other 49
512		-	than G.S. 15A-1343(b)(1) or G.S. 15A-1343(b)(3a), the court may impose a period of 50
513		-	confinement of up to 90 consecutive days to be served where the defendant would have served 51 General Assembly Of North Carolina Session 2025
514		-	House Bill 483-First Edition Page 11
515		-	an active sentence. The court may not revoke probation unless the defendant has previously 1
516		-	received a total of two periods of confinement under this subsection. A defendant may receive 2
517		-	only two periods of confinement under this subsection. Confinement under this section shall be 3
518		-	credited pursuant to G.S. 15-196.1. 4
519		-	The period of confinement imposed under this subsection on a defendant who is on probation 5
520		-	for multiple offenses shall run concurrently on all cases related to the violation. Confinement 6
521		-	shall be immediate unless otherwise specified by the court." 7
522		-	SECTION 7.(h) G.S. 15A-1344(e) reads as rewritten: 8
523		-	"(e) Special Probation in Response to Violation. – When a defendant has violated a 9
524		-	condition of probation, the court may modify the probation to place the defendant on special 10
525		-	probation as provided in this subsection. In placing the defendant on special probation, the court 11
526		-	may continue or modify the conditions of probation and in addition require that the defendant 12
527		-	submit to a period or periods of imprisonment, either continuous or noncontinuous, at whatever 13
528		-	time or intervals within the period of probation the court determines. In addition to any other 14
529		-	conditions of probation which the court may impose, the court shall impose, when imposing a 15
530		-	period or periods of imprisonment as a condition of special probation, the condition that the 16
531		-	defendant obey the rules and regulations of the Division of Prisons of the Department of Adult 17
532		-	Correction and, if applicable, the Division of Juvenile Justice of the Department of Public Safety, 18
533		-	governing conduct of inmates, and this condition shall apply to the defendant whether or not the 19
534		-	court imposes it as a part of the written order. If imprisonment is for continuous periods, the 20
535		-	confinement may be in either the custody of the Division of Community Supervision and Reentry 21
536		-	of the Department of Adult Correction or a local confinement facility. Noncontinuous periods of 22
537		-	imprisonment under special probation may only be served in a designated local confinement or 23
538		-	treatment facility. If the person being ordered to a period or periods of imprisonment, either 24
539		-	continuous or noncontinuous, is under the age of 18, that person must shall be committed to the 25
540		-	Division of Prisons of the Department of Adult Correction and shall be imprisoned in a detention 26
541		-	facility approved by the Division of Juvenile Justice to provide secure confinement and care for 27
542		-	juveniles or to a holdover facility as defined in G.S. 7B-1501(11). operated by the Division of 28
543		-	Prisons. If the person being ordered to a period or periods of imprisonment reaches the age of 18 29
544		-	years while imprisoned, the person may be transported by personnel of the Division of Juvenile 30
545		-	Justice, Prisons, or personnel approved by the Division of Juvenile Justice, Prisons, to the custody 31
546		-	of the sheriff of the applicable local confinement facility. 32
547		-	Except for probationary sentences for impaired driving under G.S. 20-138.1, the total of all 33
548		-	periods of confinement imposed as an incident of special probation, but not including an activated 34
549		-	suspended sentence, may not exceed one-fourth the maximum sentence of imprisonment 35
550		-	imposed for the offense. For probationary sentences for impaired driving under G.S. 20-138.1, 36
551		-	the total of all periods of confinement imposed as an incident of special probation, but not 37
552		-	including an activated suspended sentence, shall not exceed one-fourth the maximum penalty 38
553		-	allowed by law. No confinement other than an activated suspended sentence may be required 39
554		-	beyond the period of probation or beyond two years of the time the special probation is imposed, 40
555		-	whichever comes first." 41
556		-	SECTION 7.(i) G.S. 15A-1351(a) reads as rewritten: 42
557		-	"(a) The judge may sentence to special probation a defendant convicted of a criminal 43
558		-	offense other than impaired driving under G.S. 20-138.1, if based on the defendant's prior record 44
559		-	or conviction level as found pursuant to Article 81B of this Chapter, an intermediate punishment 45
560		-	is authorized for the class of offense of which the defendant has been convicted. A defendant 46
561		-	convicted of impaired driving under G.S. 20-138.1 may also be sentenced to special probation. 47
562		-	Under a sentence of special probation, the court may suspend the term of imprisonment and place 48
563		-	the defendant on probation as provided in Article 82, Probation, and in addition require that the 49
564		-	defendant submit to a period or periods of imprisonment in the custody of the Division of 50
565		-	Community Supervision and Reentry of the Department of Adult Correction or a designated local 51 General Assembly Of North Carolina Session 2025
566		-	Page 12 House Bill 483-First Edition
567		-	confinement or treatment facility at whatever time or intervals within the period of probation, 1
568		-	consecutive or nonconsecutive, the court determines, as provided in this subsection. For 2
569		-	probationary sentences for misdemeanors, including impaired driving under G.S. 20-138.1, all 3
570		-	imprisonment under this subsection shall be in a designated local confinement or treatment 4
571		-	facility. If the person being ordered to a period or periods of imprisonment is under the age of 5
572		-	18, that person must shall be committed to the Division of Prisons of the Department of Adult 6
573		-	Correction and shall be imprisoned in a detention facility approved by the Division of Juvenile 7
574		-	Justice to provide secure confinement and care for juveniles or to a holdover facility as defined 8
575		-	in G.S. 7B-1501(11). operated by the Division of Prisons. Personnel of the Division of Juvenile 9
576		-	Justice of the Department of Public Safety, or personnel approved by the Division of Juvenile 10
577		-	Justice, shall transport the person to the facility operated by the Division of Prisons if the person 11
578		-	is in custody of the Division of Juvenile Justice at the time of commitment. If the person being 12
579		-	ordered to a period or periods of imprisonment reaches the age of 18 years while imprisoned, the 13
580		-	person may be transported by personnel of the Division of Juvenile Justice, Prisons, or personnel 14
581		-	approved by the Division of Juvenile Justice, Prisons, to the custody of the sheriff of the 15
582		-	applicable local confinement facility. In addition to any other conditions of probation which the 16
583		-	court may impose, the court shall impose, when imposing a period or periods of imprisonment 17
584		-	as a condition of special probation, the condition that the defendant obey the Rules and 18
585		-	Regulations of the Division of Prisons of the Department of Adult Correction and, if applicable, 19
586		-	the Division of Juvenile Justice of the Department of Public Safety, governing conduct of 20
587		-	inmates, and this condition shall apply to the defendant whether or not the court imposes it as a 21
588		-	part of the written order. Except for probationary sentences for misdemeanors, including 22
589		-	impaired driving under G.S. 20-138.1, if imprisonment is for continuous periods, the 23
590		-	confinement may be in the custody of either the Division of Community Supervision and Reentry 24
591		-	of the Department of Adult Correction or a local confinement facility. Noncontinuous periods of 25
592		-	imprisonment under special probation may only be served in a designated local confinement or 26
593		-	treatment facility. If the person being ordered continuous or noncontinuous periods of 27
594		-	imprisonment is under the age of 18, that person must shall be committed to the Division of 28
595		-	Prisons and shall be imprisoned in a detention facility approved by the Division of Juvenile 29
596		-	Justice to provide secure confinement and care for juveniles or to a holdover facility as defined 30
597		-	in G.S. 7B-1501(11). operated by the Division of Prisons. Personnel of the Division of Juvenile 31
598		-	Justice, or personnel approved by the Division of Juvenile Justice, shall transport the person to 32
599		-	the facility operated by the Division of Prisons if the person is in custody of the Division of 33
600		-	Juvenile Justice at the time of commitment. If the person being ordered to a period or periods of 34
601		-	imprisonment reaches the age of 18 years while imprisoned, the person may be transported by 35
602		-	personnel of the Division of Juvenile Justice, Prisons, or personnel approved by the Juvenile 36
603		-	Justice Division, Division of Prisons, to the custody of the sheriff of the applicable local 37
604		-	confinement facility. Except for probationary sentences of impaired driving under G.S. 20-138.1, 38
605		-	the total of all periods of confinement imposed as an incident of special probation, but not 39
606		-	including an activated suspended sentence, may not exceed one-fourth the maximum sentence of 40
607		-	imprisonment imposed for the offense, and no confinement other than an activated suspended 41
608		-	sentence may be required beyond two years of conviction. For probationary sentences for 42
609		-	impaired driving under G.S. 20-138.1, the total of all periods of confinement imposed as an 43
610		-	incident of special probation, but not including an activated suspended sentence, shall not exceed 44
611		-	one-fourth the maximum penalty allowed by law. In imposing a sentence of special probation, 45
612		-	the judge may credit any time spent committed or confined, as a result of the charge, to either the 46
613		-	suspended sentence or to the imprisonment required for special probation. The original period of 47
614		-	probation, including the period of imprisonment required for special probation, shall be as 48
615		-	specified in G.S. 15A-1343.2(d), but may not exceed a maximum of five years, except as 49
616		-	provided by G.S. 15A-1342(a). The court may revoke, modify, or terminate special probation as 50
617		-	otherwise provided for probationary sentences." 51 General Assembly Of North Carolina Session 2025
618		-	House Bill 483-First Edition Page 13
619		-	SECTION 7.(j) G.S. 15A-1352 reads as rewritten: 1
620		-	"§ 15A-1352. Commitment to Division of Prisons of the Department of Adult Correction 2
621		-	or local confinement facility. 3
622		-	(a) Except as provided in subsection (f) of this section, a person sentenced to 4
623		-	imprisonment for a misdemeanor under this Article or for nonpayment of a fine for conviction 5
624		-	of a misdemeanor under Article 84 of this Chapter shall be committed for the term designated by 6
625		-	the court to the Statewide Misdemeanant Confinement Program as provided in G.S. 148-32.1 or, 7
626		-	if the period is for 90 days or less, to a local confinement facility, except as provided for in 8
627		-	G.S. 148-32.1(b). 9
628		-	If a person is sentenced to imprisonment for a misdemeanor under this Article or for 10
629		-	nonpayment of a fine under Article 84 of this Chapter, the sentencing judge may make a finding 11
630		-	of fact as to whether the person would be suitable for placement in a county satellite jail/work 12
631		-	release unit operated pursuant to G.S. 153A-230.3. If the sentencing judge makes a finding of 13
632		-	fact that the person would be suitable for placement in a county satellite jail/work release unit 14
633		-	and the person meets the requirements listed in G.S. 153A-230.3(a)(1), then the custodian of the 15
634		-	local confinement facility may transfer the misdemeanant to a county satellite jail/work release 16
635		-	unit. 17
636		-	If the person sentenced to imprisonment is under the age of 18, the person must shall be 18
637		-	committed to a detention facility approved by the Division of Juvenile Justice to provide secure 19
638		-	confinement and care for juveniles. the custody of the Division of Prisons of the Department of 20
639		-	Adult Correction and shall be confined in a facility operated by the Division of Prisons. Personnel 21
640		-	of the Division of Juvenile Justice or personnel approved by the Division of Juvenile Justice shall 22
641		-	transport the person to the detention facility. facility operated by the Division of Prisons, if the 23
642		-	person is in the custody of the Division of Juvenile Justice at the time of commitment. If the 24
643		-	person sentenced to imprisonment reaches the age of 18 years while imprisoned, the person may 25
644		-	be transported by personnel of the Juvenile Justice Division, Division of Prisons, or personnel 26
645		-	approved by the Juvenile Justice Division, Division of Prisons, to the custody of the sheriff of 27
646		-	the applicable local confinement facility. 28
647		-	… 29
648		-	(f) A person sentenced to imprisonment of any duration for impaired driving under 30
649		-	G.S. 20-138.1, other than imprisonment required as a condition of special probation under 31
650		-	G.S. 15A-1351(a) or G.S. 15A-1344(e), shall be committed to the Statewide Misdemeanant 32
651		-	Confinement Program established under G.S. 148-32.1. 33
652		-	If the person sentenced to imprisonment is under the age of 18, the person must shall be 34
653		-	committed to a detention facility approved by the Division of Juvenile Justice to provide secure 35
654		-	confinement and care for juveniles. the custody of the Division of Prisons of the Department of 36
655		-	Adult Correction and shall be confined in a facility operated by the Division of Prisons. Personnel 37
656		-	of the Division of Juvenile Justice or personnel approved by the Division of Juvenile Justice shall 38
657		-	transport the person to the detention facility. facility operated by the Division of Prisons, if the 39
658		-	person is in the custody of the Division of Juvenile Justice at the time of commitment. If the 40
659		-	person sentenced to imprisonment reaches the age of 18 years while imprisoned, the person may 41
660		-	be transported by personnel of the Division of Juvenile Justice, Prisons, or personnel approved 42
661		-	by the Division of Juvenile Justice, Prisons, to the custody of the sheriff of the applicable local 43
662		-	confinement facility. 44
663		-	…." 45
664		-	SECTION 7.(k) G.S. 148-13 reads as rewritten: 46
665		-	"§ 148-13. Regulations as to custody grades, privileges, gain time credit, etc. 47
666		-	… 48
667		-	(a1) The Secretary of the Department of Adult Correction shall adopt rules to specify the 49
668		-	rates at, and circumstances under, which earned time authorized by G.S. 15A-1340.13(d) and 50
669		-	G.S. 15A-1340.20(d) may be earned or forfeited by persons serving activated sentences of 51 General Assembly Of North Carolina Session 2025
670		-	Page 14 House Bill 483-First Edition
671		-	imprisonment for felony or misdemeanor convictions. Such rules shall include any person 1
672		-	serving an activated sentence of imprisonment who is confined in a detention facility approved 2
673		-	by the Division of Juvenile Justice of the Department of Public Safety. 3
674		-	… 4
675		-	(e) The Secretary's regulations concerning earned time and good time credits authorized 5
676		-	by this section shall be distributed to and followed by local jail administrators and by personnel 6
677		-	of the Division of Juvenile Justice or personnel approved by the Division of Juvenile Justice with 7
678		-	regard to sentenced jail prisoners, including prisoners housed in a detention facility approved by 8
679		-	the Division of Juvenile Justice.prisoners. 9
680		-	…." 10
681		-	SECTION 7.(l) G.S. 148-32.1(e) reads as rewritten: 11
682		-	"(e) Upon entry of a prisoner serving a sentence of imprisonment for impaired driving 12
683		-	under G.S. 20-138.1 into a local confinement facility or to a detention facility approved by the 13
684		-	Division of Juvenile Justice of the Department of Public Safety a person under the age of 18 14
685		-	confined in a facility operated by the Division of Prisons of the Department of Adult Correction 15
686		-	pursuant to this section, the custodian of the local confinement facility or detention facility 16
687		-	operated by the Division of Prisons shall forward to the Post-Release Supervision and Parole 17
688		-	Commission information pertaining to the prisoner so as to make him eligible for parole 18
689		-	consideration pursuant to G.S. 15A-1371. Such information shall include date of incarceration, 19
690		-	jail credit, and such other information as may be required by the Post-Release Supervision and 20
691		-	Parole Commission. The Post-Release Supervision and Parole Commission shall approve a form 21
692		-	upon which the custodian shall furnish this information, which form will be provided to the 22
693		-	custodian by the Division of Prisons." 23
694		-	SECTION 7.(m) G.S. 20-179(k5)(5) reads as rewritten: 24
695		-	"(5) Submit to a period or periods of confinement in a local confinement facility 25
696		-	for a total of no more than six days per month during any three separate 26
697		-	months during the period of probation. The six days per month confinement 27
698		-	provided for in this subdivision may only be imposed as two-day or three-day 28
699		-	consecutive periods. When a defendant is on probation for multiple 29
700		-	judgments, confinement periods imposed under this subdivision shall run 30
701		-	concurrently and may total no more than six days per month. If the person 31
702		-	being ordered to a period or periods of confinement is under the age of 18, 32
703		-	that person must shall be confined in a detention facility approved by the 33
704		-	Division of Juvenile Justice of the Department of Public Safety to provide 34
705		-	secure confinement and care for juveniles or to a holdover facility as defined 35
706		-	in G.S. 7B-1501(11). operated by the Division of Prisons of the Department 36
707		-	of Adult Correction. If the person being ordered to a period or periods of 37
708		-	confinement reaches the age of 18 years while in confinement, the person may 38
709		-	be transported by personnel of the Division of Juvenile Justice, Prisons, or 39
710		-	personnel approved by the Division of Juvenile Justice, Prisons, to the custody 40
711		-	of the sheriff of the applicable local confinement facility." 41
712		-	42
713		-	PART VIII. SAVINGS CLAUSE AND EFFECTIVE DATE 43
714		-	SECTION 8.(a) Prosecutions for offenses committed before the effective date of 44
715		-	this act are not abated or affected by this act, and the statutes that would be applicable but for 45
716		-	this act remain applicable to those prosecutions. 46
717		-	SECTION 8.(b) Parts I through VI of this act become effective December 1, 2025, 47
718		-	and apply to offenses committed on or after that date. Part VII of this act becomes effective 48
719		-	August 1, 2025, and applies to offenses committed, sentences imposed, and any other orders of 49
720		-	imprisonment issued on or after that date. The remainder of this act is effective when it becomes 50
721		-	law. 51
	251	+	(b) When the court finds the juvenile incapable to proceed, and substantially likely to 43
	252	+	attain capacity in the foreseeable future, the court may order remediation services. The 44
	253	+	remediation services shall be based on the recommendations from the forensic evaluation. All 45
	254	+	forensic evaluations for the juvenile and the relevant confidential information previously ordered 46
	255	+	released under G.S. 7B-2401.3(c) shall be released to the program or programs where the juvenile 47
	256	+	is receiving remediation services as directed by the court. 48
	257	+	… 49
	258	+	(e) An order for remediation services shall contain all of the following: 50 General Assembly Of North Carolina Session 2025
	259	+	Page 6 DRH10226-ML-135
	260	+	(1) Written findings of fact regarding the least restrictive environment for the 1
	261	+	remediation services. 2
	262	+	(2) If the court order allows for secure confinement pursuant to subsection (d) of 3
	263	+	this section, the maximum time for placement in a secure facility shall be 4
	264	+	pursuant to subsection (f) of this section. 5
	265	+	(3) Whether remediation services shall include mental health treatment to reduce 6
	266	+	interfering symptoms, specialized psychoeducational programming, or a 7
	267	+	combination of these interventions. If both mental health services and 8
	268	+	psychoeducational programming are ordered, the court shall identify a 9
	269	+	provider for each service. 10
	270	+	… 11
	271	+	(g) The Division shall be responsible for the provision of psychoeducation remediation 12
	272	+	programming and working with community partners to secure any additional services 13
	273	+	recommended in the forensic evaluation report. The Division is authorized to contract with the 14
	274	+	University of North Carolina at Chapel Hill or any other qualified educational organization to 15
	275	+	develop and conduct related trainings and curriculum. 16
	276	+	The remediation service provider or providers shall provide reports to the court at least every 17
	277	+	90 days. Any report made to the court pursuant to this subsection shall be forwarded to the clerk 18
	278	+	of superior court addressed to the attention of the presiding judge. judge and to the juvenile's 19
	279	+	attorney. A report provided under this subsection shall include all of the following: 20
	280	+	(1) The dates of any services provided to the juvenile. 21
	281	+	(2) A summary of the juvenile's attendance and participation. 22
	282	+	(3) Information about the juvenile's progress in the areas that were found to be 23
	283	+	relevant to the juvenile's incapacity, incapacity and that are the focus of the 24
	284	+	provider's services, including education regarding court procedures and 25
	285	+	stabilization or improvement of symptoms leading to functional impairments. 26
	286	+	No statement or disclosure made by the juvenile during the remediation services regarding 27
	287	+	the juvenile's responsibility for a criminal act that can result either in an adjudication of 28
	288	+	delinquency or transfer of a matter to superior court for trial as an adult is admissible in any 29
	289	+	juvenile or criminal proceeding against the juvenile or defendant. All remediation progress 30
	290	+	reports, summaries, and notes shall not include any such statement. 31
	291	+	The court shall hold a hearing within 30 days of receipt of the remediation progress report to 32
	292	+	review the remediation services. The remediation review hearing may be informal, and the court 33
	293	+	may consider all remediation progress reports. The court may consider any evidence, including 34
	294	+	hearsay evidence as defined in G.S. 8C-1, Rule 801, that the court finds to be relevant, reliable, 35
	295	+	and necessary to determine if remediation services should continue or reassessment of capacity 36
	296	+	is warranted. The juvenile and the juvenile's parent, guardian, or custodian shall have an 37
	297	+	opportunity to present evidence, and they may advise the court concerning the remediation 38
	298	+	services. The order of the court may be amended or supplemented only as provided in this 39
	299	+	Subchapter and only after notice and a hearing. 40
	300	+	… 41
	301	+	(i) If, at any time during the remediation treatment, the remediation service provider 42
	302	+	finds that the juvenile has likely completed the requirements of the remediation services, the 43
	303	+	remediation service provider shall provide written notification to the court, the prosecutor, and 44
	304	+	the juvenile's attorney within two business days regarding this finding. A copy of any remediation 45
	305	+	report or reports shall be forwarded to the court and to the juvenile's attorney. The court may 46
	306	+	order the release of a remediation report to the prosecutor after providing the juvenile with 47
	307	+	reasonable notice and an opportunity to be heard and then determining that the information is 48
	308	+	relevant and necessary to the hearing of the matter before the court and unavailable from any 49
	309	+	other source. This subsection shall not be construed to relieve any court of its duty to conduct 50
	310	+	hearings and make findings required under relevant federal law before ordering the release of 51 General Assembly Of North Carolina Session 2025
	311	+	DRH10226-ML-135 Page 7
	312	+	any private medical or mental health information or records related to substance abuse or HIV 1
	313	+	status or treatment. The records shall be withheld from public inspection and, except as provided 2
	314	+	in this subsection, may be examined only by order of the court. The juvenile's matter shall be 3
	315	+	returned to court within a reasonable time, and not more than 30 days after the completion of 4
	316	+	remediation services, for a remediation review or further proceedings.hearing. 5
	317	+	(j) Any remediation report completed by a psychoeducation provider on the juvenile's 6
	318	+	progress in the psychoeducation curriculum shall be provided by the clerk of superior court to 7
	319	+	the prosecutor and the chief court counselor. 8
	320	+	(k) The court may order the release of any remediation report that contains information 9
	321	+	about the juvenile's mental health treatment to the prosecutor after providing the juvenile with 10
	322	+	reasonable notice and an opportunity to be heard and then determining that the information is 11
	323	+	relevant and necessary to the hearing of the matter before the court and unavailable from any 12
	324	+	other source. This subsection shall not be construed to relieve any court of its duty to conduct 13
	325	+	hearings and make findings required under relevant federal law before ordering the release of 14
	326	+	any private medical or mental health information or records related to substance abuse or HIV 15
	327	+	status or treatment. The records shall be withheld from public inspection and, except as provided 16
	328	+	in this subsection, may be examined only by order of the court. 17
	329	+	(l) The court shall hold a remediation review hearing within 30 days of receipt of the 18
	330	+	remediation progress report or reports or notification that the juvenile has likely completed the 19
	331	+	requirements of the remediation services. The remediation review hearing may be informal, and 20
	332	+	the court may consider all remediation progress reports. The court may consider any evidence, 21
	333	+	including hearsay evidence as defined in G.S. 8C-1, Rule 801, that the court finds to be relevant, 22
	334	+	reliable, and necessary to determine if a remediation service or services should continue, 23
	335	+	reassessment of capacity is warranted, or the juvenile is not substantially likely to attain capacity 24
	336	+	in the foreseeable future. The juvenile and the juvenile's parent, guardian, or custodian shall have 25
	337	+	an opportunity to present evidence, and they may advise the court concerning the remediation 26
	338	+	service or services. The order of the court requiring remediation service or services may be 27
	339	+	amended or supplemented only as provided in this Subchapter and only after notice and a hearing. 28
	340	+	If the court determines that reassessment of capacity is warranted, the court shall order a new 29
	341	+	forensic evaluation pursuant to the procedure contained in G.S. 7B-2401.2. This forensic 30
	342	+	evaluation shall be performed by the original forensic evaluator when possible and comply with 31
	343	+	the requirements of G.S. 7B-2401.3. Any forensic evaluation shall be conducted independently 32
	344	+	of the remediation services and shall not be conducted by the remediation provider or providers. 33
	345	+	A capacity hearing shall be held pursuant to the requirements in G.S. 7B-2401.2 upon receipt of 34
	346	+	the forensic evaluation report. 35
	347	+	If the court determines that the juvenile is not substantially likely to attain capacity in the 36
	348	+	foreseeable future, the court shall proceed according to G.S. 7B-2401.5." 37
	349	+	38
	350	+	PART VII. CLARIFY THE PLACE OF CONFINEMENT FOR PERSONS UNDER 18 39
	351	+	YEARS OF AGE WHO ARE SENTENCED TO IMPRISONMENT IN THE 40
	352	+	DEPARTMENT OF ADULT CORRECTION 41
	353	+	SECTION 7.(a) G.S. 7A-109.3 reads as rewritten: 42
	354	+	"§ 7A-109.3. Delivery of commitment order. 43
	355	+	… 44
	356	+	(a1) If the district court sentences a person under the age of 18 to imprisonment and 45
	357	+	commitment, commitment to the custody of the Division of Prisons of the Department of Adult 46
	358	+	Correction, the clerk of superior court shall furnish the detention facility approved by the 47
	359	+	Division of Juvenile Justice Division of Prisons of the Department of Adult Correction with the 48
	360	+	signed order of commitment within 48 hours of the issuance of the sentence. 49
	361	+	… 50 General Assembly Of North Carolina Session 2025
	362	+	Page 8 DRH10226-ML-135
	363	+	(c) If the superior court sentences a person under the age of 18 to imprisonment and 1
	364	+	commitment, commitment to the custody of the Division of Prisons of the Department of Adult 2
	365	+	Correction, the clerk of superior court shall furnish the detention facility approved by the 3
	366	+	Division of Juvenile Justice Division of Prisons of the Department of Adult Correction with the 4
	367	+	signed order of commitment within 48 hours of the issuance of the sentence." 5
	368	+	SECTION 7.(b) G.S. 15A-521 reads as rewritten: 6
	369	+	"§ 15A-521. Commitment to detention facility pending trial. 7
	370	+	(a) Commitment. – Every person charged with a crime and held in custody who has not 8
	371	+	been released pursuant to Article 26 of this Chapter, Bail, must be committed by a written order 9
	372	+	of the judicial official who conducted the initial appearance as provided in Article 24 to an 10
	373	+	appropriate detention facility as provided in this section. If the person being committed by written 11
	374	+	order is under the age of 18, that person must shall be committed to the custody of the Division 12
	375	+	of Juvenile Justice of the Department of Public Safety and shall be confined in a detention facility 13
	376	+	approved by the Division of Juvenile Justice to provide secure confinement and care for 14
	377	+	juveniles, or to a holdover facility as defined in G.S. 7B-1501(11). If the person being committed 15
	378	+	reaches the age of 18 years while held in custody, the person shall be transported by personnel 16
	379	+	of the Juvenile Justice Division, Division of Juvenile Justice, or personnel approved by the 17
	380	+	Juvenile Justice Division, Division of Juvenile Justice, to the custody of the sheriff of the county 18
	381	+	where the charges arose. 19
	382	+	… 20
	383	+	(c) Copies and Use of Order, Receipt of Prisoner. – 21
	384	+	(1) The order of commitment must be delivered to a law-enforcement officer, who 22
	385	+	must deliver the order and the prisoner to the detention facility named therein. 23
	386	+	(2) The jailer or personnel of the Juvenile Justice Division of Juvenile Justice 24
	387	+	must receive the prisoner and the order of commitment, and note on the order 25
	388	+	of commitment the time and date of receipt. As used in this subdivision, 26
	389	+	"jailer" includes any person having control of a detention facility and 27
	390	+	"personnel of the Juvenile Justice Division" Division of Juvenile Justice" 28
	391	+	includes personnel approved by the Juvenile Justice Division.Division of 29
	392	+	Juvenile Justice. 30
	393	+	(3) Upon releasing the prisoner pursuant to the terms of the order, or upon 31
	394	+	delivering the prisoner to the court, the jailer or personnel of the Juvenile 32
	395	+	Justice Division of Juvenile Justice must note the time and date on the order 33
	396	+	and return it to the clerk. Personnel of the Juvenile Justice Division, Division 34
	397	+	of Juvenile Justice, or personnel approved by the Juvenile Justice Division, 35
	398	+	Division of Juvenile Justice, shall transport the person under the age of 18 36
	399	+	from the juvenile detention facility or holdover facility to court and shall 37
	400	+	transfer the person back to the juvenile detention facility or holdover facility. 38
	401	+	(4) Repealed by Session Laws 1975, 2nd Sess., c. 983, s. 142. 39
	402	+	…." 40
	403	+	SECTION 7.(c) G.S. 15A-1301 reads as rewritten: 41
	404	+	"§ 15A-1301. Order of commitment to imprisonment when not otherwise specified. 42
	405	+	When a judicial official orders that a defendant be imprisoned he must issue an appropriate 43
	406	+	written commitment order. When the commitment is to a sentence of imprisonment, the 44
	407	+	commitment must include the identification and class of the offense or offenses for which the 45
	408	+	defendant was convicted and, if the sentences are consecutive, the maximum sentence allowed 46
	409	+	by law upon conviction of each offense for the punishment range used to impose the sentence for 47
	410	+	the class of offense and prior record or conviction level, and, if the sentences are concurrent or 48
	411	+	consolidated, the longest of the maximum sentences allowed by law for the classes of offense 49
	412	+	and prior record or conviction levels upon conviction of any of the offenses. If the person 50
	413	+	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
	414	+	DRH10226-ML-135 Page 9
	415	+	detention facility approved by the Division of Juvenile Justice to provide secure confinement and 1
	416	+	care for juveniles. the custody of the Division of Prisons of the Department of Adult Correction 2
	417	+	and shall be confined in a facility operated by the Division of Prisons. If the person is under the 3
	418	+	age of 18, the person may be temporarily confined in a holdover facility as defined in 4
	419	+	G.S. 7B-1501(11) until the person can be transferred to a juvenile detention facility. facility 5
	420	+	operated by the Division of Prisons. Personnel of the Juvenile Justice Division of Juvenile Justice 6
	421	+	or personnel approved by the Juvenile Justice Division of Juvenile Justice shall transport the 7
	422	+	person to the juvenile detention Division of Prisons facility or the holdover facility.facility, if the 8
	423	+	person is in the custody of the Division of Juvenile Justice at the time of commitment." 9
	424	+	SECTION 7.(d) G.S. 15A-1343(a1)(3) reads as rewritten: 10
	425	+	"(3) Submission to a period or periods of confinement in a local confinement 11
	426	+	facility for a total of no more than six days per month during any three separate 12
	427	+	months during the period of probation. The six days per month confinement 13
	428	+	provided for in this subdivision may only be imposed as two-day or three-day 14
	429	+	consecutive periods. When a defendant is on probation for multiple 15
	430	+	judgments, confinement periods imposed under this subdivision shall run 16
	431	+	concurrently and may total no more than six days per month. If the person 17
	432	+	being ordered to a period or periods of confinement is under the age of 18, 18
	433	+	that person must shall be committed to the custody of the Division of Prisons 19
	434	+	of the Department of Adult Correction and shall be confined in a detention 20
	435	+	facility approved by the Division of Juvenile Justice to provide secure 21
	436	+	confinement and care for juveniles or to a holdover facility as defined in 22
	437	+	G.S. 7B-1501(11). operated by the Division of Prisons. If the person being 23
	438	+	ordered to a period or periods of confinement reaches the age of 18 years while 24
	439	+	in confinement, the person may be transported by personnel of the Division 25
	440	+	of Juvenile Justice, Prisons, or personnel approved by the Division of Juvenile 26
	441	+	Justice, Prisons, to the custody of the sheriff of the applicable local 27
	442	+	confinement facility." 28
	443	+	SECTION 7.(e) G.S. 15A-1343.2(e)(5) reads as rewritten: 29
	444	+	"(5) Submit to a period or periods of confinement in a local confinement facility 30
	445	+	for a total of no more than six days per month during any three separate 31
	446	+	months during the period of probation. The six days per month confinement 32
	447	+	provided for in this subdivision may only be imposed as two-day or three-day 33
	448	+	consecutive periods. When a defendant is on probation for multiple 34
	449	+	judgments, confinement periods imposed under this subdivision shall run 35
	450	+	concurrently and may total no more than six days per month. If the person 36
	451	+	being ordered to a period or periods of confinement is under the age of 18, 37
	452	+	that person must shall be committed to the custody of the Division of Prisons 38
	453	+	of the Department of Adult Correction and shall be confined in a detention 39
	454	+	facility approved by the Division of Juvenile Justice of the Department of 40
	455	+	Public Safety to provide secure confinement and care for juveniles or to a 41
	456	+	holdover facility as defined in G.S. 7B-1501(11). operated by the Division of 42
	457	+	Prisons. If the person being ordered to a period or periods of confinement 43
	458	+	reaches the age of 18 years while in confinement, the person may be 44
	459	+	transported by personnel of the Division of Juvenile Justice, Prisons, or 45
	460	+	personnel approved by the Division of Juvenile Justice, Prisons, to the custody 46
	461	+	of the sheriff of the applicable local confinement facility." 47
	462	+	SECTION 7.(f) G.S. 15A-1343.2(f)(6) reads as rewritten: 48
	463	+	"(6) Submit to a period or periods of confinement in a local confinement facility 49
	464	+	for a total of no more than six days per month during any three separate 50
	465	+	months during the period of probation. The six days per month confinement 51 General Assembly Of North Carolina Session 2025
	466	+	Page 10 DRH10226-ML-135
	467	+	provided for in this subdivision may only be imposed as two-day or three-day 1
	468	+	consecutive periods. When a defendant is on probation for multiple 2
	469	+	judgments, confinement periods imposed under this subdivision shall run 3
	470	+	concurrently and may total no more than six days per month. If the person 4
	471	+	being ordered to a period or periods of confinement is under the age of 18, 5
	472	+	that person must shall be committed to the custody of the Division of Prisons 6
	473	+	of the Department of Adult Correction and shall be confined in a detention 7
	474	+	facility approved by the Division of Juvenile Justice to provide secure 8
	475	+	confinement and care for juveniles or to a holdover facility as defined in 9
	476	+	G.S. 7B-1501(11). operated by the Division of Prisons. If the person being 10
	477	+	ordered to a period or periods of confinement reaches the age of 18 years while 11
	478	+	in confinement, the person may be transported by personnel of the Division 12
	479	+	of Juvenile Justice, Prisons, or personnel approved by the Division of Juvenile 13
	480	+	Justice, Prisons, to the custody of the sheriff of the applicable local 14
	481	+	confinement facility." 15
	482	+	SECTION 7.(g) G.S. 15A-1344(d2) reads as rewritten: 16
	483	+	"(d2) Confinement in Response to Violation. – When a defendant under supervision for a 17
	484	+	felony conviction has violated a condition of probation other than G.S. 15A-1343(b)(1) or 18
	485	+	G.S. 15A-1343(b)(3a), the court may impose a period of confinement of 90 consecutive days to 19
	486	+	be served in the custody of the Division of Community Supervision and Reentry of the 20
	487	+	Department of Adult Correction. The court may not revoke probation unless the defendant has 21
	488	+	previously received a total of two periods of confinement under this subsection. A defendant may 22
	489	+	receive only two periods of confinement under this subsection. The 90-day term of confinement 23
	490	+	ordered under this subsection for a felony shall not be reduced by credit for time already served 24
	491	+	in the case. Any such credit shall instead be applied to the suspended sentence. However, if the 25
	492	+	time remaining on the maximum imposed sentence on a defendant under supervision for a felony 26
	493	+	conviction is 90 days or less, then the term of confinement is for the remaining period of the 27
	494	+	sentence. Confinement under this section shall be credited pursuant to G.S. 15-196.1. 28
	495	+	When a defendant under supervision for a misdemeanor conviction sentenced pursuant to 29
	496	+	Article 81B of Chapter 15A of the General Statutes has violated a condition of probation other 30
	497	+	than G.S. 15A-1343(b)(1) or G.S. 15A-1343(b)(3a), the court may impose a period of 31
	498	+	confinement pursuant to G.S. 15A-1343(a1)(3). If the person being ordered to a period of 32
	499	+	confinement is under the age of 18, that person must shall be committed to the Division of Prisons 33
	500	+	of the Department of Adult Correction and shall be confined in a detention facility approved by 34
	501	+	the Division of Juvenile Justice to provide secure confinement and care for juveniles or to a 35
	502	+	holdover facility as defined in G.S. 7B-1501(11). operated by the Division of Prisons. If the 36
	503	+	person being ordered to a period of confinement reaches the age of 18 years while in confinement, 37
	504	+	the person may be transported by personnel of the Division of Juvenile Justice, Prisons, or 38
	505	+	personnel approved by the Division of Juvenile Justice, Prisons, to the custody of the sheriff of 39
	506	+	the applicable local confinement facility. The court may not revoke probation unless the 40
	507	+	defendant has previously received at least two periods of confinement for violating a condition 41
	508	+	of probation other than G.S. 15A-1343(b)(1) or G.S. 15A-1343(b)(3a). Those periods of 42
	509	+	confinement may have been imposed pursuant to G.S. 15A-1343(a1)(3), 15A-1343.2(e)(5), or 43
	510	+	15A-1343.2(f)(6). The second period of confinement must have been imposed for a violation that 44
	511	+	occurred after the defendant served the first period of confinement. Confinement under this 45
	512	+	section shall be credited pursuant to G.S. 15-196.1. 46
	513	+	When a defendant under supervision for a misdemeanor conviction not sentenced pursuant 47
	514	+	to Article 81B of Chapter 15A of the General Statutes has violated a condition of probation other 48
	515	+	than G.S. 15A-1343(b)(1) or G.S. 15A-1343(b)(3a), the court may impose a period of 49
	516	+	confinement of up to 90 consecutive days to be served where the defendant would have served 50
	517	+	an active sentence. The court may not revoke probation unless the defendant has previously 51 General Assembly Of North Carolina Session 2025
	518	+	DRH10226-ML-135 Page 11
	519	+	received a total of two periods of confinement under this subsection. A defendant may receive 1
	520	+	only two periods of confinement under this subsection. Confinement under this section shall be 2
	521	+	credited pursuant to G.S. 15-196.1. 3
	522	+	The period of confinement imposed under this subsection on a defendant who is on probation 4
	523	+	for multiple offenses shall run concurrently on all cases related to the violation. Confinement 5
	524	+	shall be immediate unless otherwise specified by the court." 6
	525	+	SECTION 7.(h) G.S. 15A-1344(e) reads as rewritten: 7
	526	+	"(e) Special Probation in Response to Violation. – When a defendant has violated a 8
	527	+	condition of probation, the court may modify the probation to place the defendant on special 9
	528	+	probation as provided in this subsection. In placing the defendant on special probation, the court 10
	529	+	may continue or modify the conditions of probation and in addition require that the defendant 11
	530	+	submit to a period or periods of imprisonment, either continuous or noncontinuous, at whatever 12
	531	+	time or intervals within the period of probation the court determines. In addition to any other 13
	532	+	conditions of probation which the court may impose, the court shall impose, when imposing a 14
	533	+	period or periods of imprisonment as a condition of special probation, the condition that the 15
	534	+	defendant obey the rules and regulations of the Division of Prisons of the Department of Adult 16
	535	+	Correction and, if applicable, the Division of Juvenile Justice of the Department of Public Safety, 17
	536	+	governing conduct of inmates, and this condition shall apply to the defendant whether or not the 18
	537	+	court imposes it as a part of the written order. If imprisonment is for continuous periods, the 19
	538	+	confinement may be in either the custody of the Division of Community Supervision and Reentry 20
	539	+	of the Department of Adult Correction or a local confinement facility. Noncontinuous periods of 21
	540	+	imprisonment under special probation may only be served in a designated local confinement or 22
	541	+	treatment facility. If the person being ordered to a period or periods of imprisonment, either 23
	542	+	continuous or noncontinuous, is under the age of 18, that person must shall be committed to the 24
	543	+	Division of Prisons of the Department of Adult Correction and shall be imprisoned in a detention 25
	544	+	facility approved by the Division of Juvenile Justice to provide secure confinement and care for 26
	545	+	juveniles or to a holdover facility as defined in G.S. 7B-1501(11). operated by the Division of 27
	546	+	Prisons. If the person being ordered to a period or periods of imprisonment reaches the age of 18 28
	547	+	years while imprisoned, the person may be transported by personnel of the Division of Juvenile 29
	548	+	Justice, Prisons, or personnel approved by the Division of Juvenile Justice, Prisons, to the custody 30
	549	+	of the sheriff of the applicable local confinement facility. 31
	550	+	Except for probationary sentences for impaired driving under G.S. 20-138.1, the total of all 32
	551	+	periods of confinement imposed as an incident of special probation, but not including an activated 33
	552	+	suspended sentence, may not exceed one-fourth the maximum sentence of imprisonment 34
	553	+	imposed for the offense. For probationary sentences for impaired driving under G.S. 20-138.1, 35
	554	+	the total of all periods of confinement imposed as an incident of special probation, but not 36
	555	+	including an activated suspended sentence, shall not exceed one-fourth the maximum penalty 37
	556	+	allowed by law. No confinement other than an activated suspended sentence may be required 38
	557	+	beyond the period of probation or beyond two years of the time the special probation is imposed, 39
	558	+	whichever comes first." 40
	559	+	SECTION 7.(i) G.S. 15A-1351(a) reads as rewritten: 41
	560	+	"(a) The judge may sentence to special probation a defendant convicted of a criminal 42
	561	+	offense other than impaired driving under G.S. 20-138.1, if based on the defendant's prior record 43
	562	+	or conviction level as found pursuant to Article 81B of this Chapter, an intermediate punishment 44
	563	+	is authorized for the class of offense of which the defendant has been convicted. A defendant 45
	564	+	convicted of impaired driving under G.S. 20-138.1 may also be sentenced to special probation. 46
	565	+	Under a sentence of special probation, the court may suspend the term of imprisonment and place 47
	566	+	the defendant on probation as provided in Article 82, Probation, and in addition require that the 48
	567	+	defendant submit to a period or periods of imprisonment in the custody of the Division of 49
	568	+	Community Supervision and Reentry of the Department of Adult Correction or a designated local 50
	569	+	confinement or treatment facility at whatever time or intervals within the period of probation, 51 General Assembly Of North Carolina Session 2025
	570	+	Page 12 DRH10226-ML-135
	571	+	consecutive or nonconsecutive, the court determines, as provided in this subsection. For 1
	572	+	probationary sentences for misdemeanors, including impaired driving under G.S. 20-138.1, all 2
	573	+	imprisonment under this subsection shall be in a designated local confinement or treatment 3
	574	+	facility. If the person being ordered to a period or periods of imprisonment is under the age of 4
	575	+	18, that person must shall be committed to the Division of Prisons of the Department of Adult 5
	576	+	Correction and shall be imprisoned in a detention facility approved by the Division of Juvenile 6
	577	+	Justice to provide secure confinement and care for juveniles or to a holdover facility as defined 7
	578	+	in G.S. 7B-1501(11). operated by the Division of Prisons. Personnel of the Division of Juvenile 8
	579	+	Justice of the Department of Public Safety, or personnel approved by the Division of Juvenile 9
	580	+	Justice, shall transport the person to the facility operated by the Division of Prisons if the person 10
	581	+	is in custody of the Division of Juvenile Justice at the time of commitment. If the person being 11
	582	+	ordered to a period or periods of imprisonment reaches the age of 18 years while imprisoned, the 12
	583	+	person may be transported by personnel of the Division of Juvenile Justice, Prisons, or personnel 13
	584	+	approved by the Division of Juvenile Justice, Prisons, to the custody of the sheriff of the 14
	585	+	applicable local confinement facility. In addition to any other conditions of probation which the 15
	586	+	court may impose, the court shall impose, when imposing a period or periods of imprisonment 16
	587	+	as a condition of special probation, the condition that the defendant obey the Rules and 17
	588	+	Regulations of the Division of Prisons of the Department of Adult Correction and, if applicable, 18
	589	+	the Division of Juvenile Justice of the Department of Public Safety, governing conduct of 19
	590	+	inmates, and this condition shall apply to the defendant whether or not the court imposes it as a 20
	591	+	part of the written order. Except for probationary sentences for misdemeanors, including 21
	592	+	impaired driving under G.S. 20-138.1, if imprisonment is for continuous periods, the 22
	593	+	confinement may be in the custody of either the Division of Community Supervision and Reentry 23
	594	+	of the Department of Adult Correction or a local confinement facility. Noncontinuous periods of 24
	595	+	imprisonment under special probation may only be served in a designated local confinement or 25
	596	+	treatment facility. If the person being ordered continuous or noncontinuous periods of 26
	597	+	imprisonment is under the age of 18, that person must shall be committed to the Division of 27
	598	+	Prisons and shall be imprisoned in a detention facility approved by the Division of Juvenile 28
	599	+	Justice to provide secure confinement and care for juveniles or to a holdover facility as defined 29
	600	+	in G.S. 7B-1501(11). operated by the Division of Prisons. Personnel of the Division of Juvenile 30
	601	+	Justice, or personnel approved by the Division of Juvenile Justice, shall transport the person to 31
	602	+	the facility operated by the Division of Prisons if the person is in custody of the Division of 32
	603	+	Juvenile Justice at the time of commitment. If the person being ordered to a period or periods of 33
	604	+	imprisonment reaches the age of 18 years while imprisoned, the person may be transported by 34
	605	+	personnel of the Division of Juvenile Justice, Prisons, or personnel approved by the Juvenile 35
	606	+	Justice Division, Division of Prisons, to the custody of the sheriff of the applicable local 36
	607	+	confinement facility. Except for probationary sentences of impaired driving under G.S. 20-138.1, 37
	608	+	the total of all periods of confinement imposed as an incident of special probation, but not 38
	609	+	including an activated suspended sentence, may not exceed one-fourth the maximum sentence of 39
	610	+	imprisonment imposed for the offense, and no confinement other than an activated suspended 40
	611	+	sentence may be required beyond two years of conviction. For probationary sentences for 41
	612	+	impaired driving under G.S. 20-138.1, the total of all periods of confinement imposed as an 42
	613	+	incident of special probation, but not including an activated suspended sentence, shall not exceed 43
	614	+	one-fourth the maximum penalty allowed by law. In imposing a sentence of special probation, 44
	615	+	the judge may credit any time spent committed or confined, as a result of the charge, to either the 45
	616	+	suspended sentence or to the imprisonment required for special probation. The original period of 46
	617	+	probation, including the period of imprisonment required for special probation, shall be as 47
	618	+	specified in G.S. 15A-1343.2(d), but may not exceed a maximum of five years, except as 48
	619	+	provided by G.S. 15A-1342(a). The court may revoke, modify, or terminate special probation as 49
	620	+	otherwise provided for probationary sentences." 50
	621	+	SECTION 7.(j) G.S. 15A-1352 reads as rewritten: 51 General Assembly Of North Carolina Session 2025
	622	+	DRH10226-ML-135 Page 13
	623	+	"§ 15A-1352. Commitment to Division of Prisons of the Department of Adult Correction 1
	624	+	or local confinement facility. 2
	625	+	(a) Except as provided in subsection (f) of this section, a person sentenced to 3
	626	+	imprisonment for a misdemeanor under this Article or for nonpayment of a fine for conviction 4
	627	+	of a misdemeanor under Article 84 of this Chapter shall be committed for the term designated by 5
	628	+	the court to the Statewide Misdemeanant Confinement Program as provided in G.S. 148-32.1 or, 6
	629	+	if the period is for 90 days or less, to a local confinement facility, except as provided for in 7
	630	+	G.S. 148-32.1(b). 8
	631	+	If a person is sentenced to imprisonment for a misdemeanor under this Article or for 9
	632	+	nonpayment of a fine under Article 84 of this Chapter, the sentencing judge may make a finding 10
	633	+	of fact as to whether the person would be suitable for placement in a county satellite jail/work 11
	634	+	release unit operated pursuant to G.S. 153A-230.3. If the sentencing judge makes a finding of 12
	635	+	fact that the person would be suitable for placement in a county satellite jail/work release unit 13
	636	+	and the person meets the requirements listed in G.S. 153A-230.3(a)(1), then the custodian of the 14
	637	+	local confinement facility may transfer the misdemeanant to a county satellite jail/work release 15
	638	+	unit. 16
	639	+	If the person sentenced to imprisonment is under the age of 18, the person must shall be 17
	640	+	committed to a detention facility approved by the Division of Juvenile Justice to provide secure 18
	641	+	confinement and care for juveniles. the custody of the Division of Prisons of the Department of 19
	642	+	Adult Correction and shall be confined in a facility operated by the Division of Prisons. Personnel 20
	643	+	of the Division of Juvenile Justice or personnel approved by the Division of Juvenile Justice shall 21
	644	+	transport the person to the detention facility. facility operated by the Division of Prisons, if the 22
	645	+	person is in the custody of the Division of Juvenile Justice at the time of commitment. If the 23
	646	+	person sentenced to imprisonment reaches the age of 18 years while imprisoned, the person may 24
	647	+	be transported by personnel of the Juvenile Justice Division, Division of Prisons, or personnel 25
	648	+	approved by the Juvenile Justice Division, Division of Prisons, to the custody of the sheriff of 26
	649	+	the applicable local confinement facility. 27
	650	+	… 28
	651	+	(f) A person sentenced to imprisonment of any duration for impaired driving under 29
	652	+	G.S. 20-138.1, other than imprisonment required as a condition of special probation under 30
	653	+	G.S. 15A-1351(a) or G.S. 15A-1344(e), shall be committed to the Statewide Misdemeanant 31
	654	+	Confinement Program established under G.S. 148-32.1. 32
	655	+	If the person sentenced to imprisonment is under the age of 18, the person must shall be 33
	656	+	committed to a detention facility approved by the Division of Juvenile Justice to provide secure 34
	657	+	confinement and care for juveniles. the custody of the Division of Prisons of the Department of 35
	658	+	Adult Correction and shall be confined in a facility operated by the Division of Prisons. Personnel 36
	659	+	of the Division of Juvenile Justice or personnel approved by the Division of Juvenile Justice shall 37
	660	+	transport the person to the detention facility. facility operated by the Division of Prisons, if the 38
	661	+	person is in the custody of the Division of Juvenile Justice at the time of commitment. If the 39
	662	+	person sentenced to imprisonment reaches the age of 18 years while imprisoned, the person may 40
	663	+	be transported by personnel of the Division of Juvenile Justice, Prisons, or personnel approved 41
	664	+	by the Division of Juvenile Justice, Prisons, to the custody of the sheriff of the applicable local 42
	665	+	confinement facility. 43
	666	+	…." 44
	667	+	SECTION 7.(k) G.S. 148-13 reads as rewritten: 45
	668	+	"§ 148-13. Regulations as to custody grades, privileges, gain time credit, etc. 46
	669	+	… 47
	670	+	(a1) The Secretary of the Department of Adult Correction shall adopt rules to specify the 48
	671	+	rates at, and circumstances under, which earned time authorized by G.S. 15A-1340.13(d) and 49
	672	+	G.S. 15A-1340.20(d) may be earned or forfeited by persons serving activated sentences of 50
	673	+	imprisonment for felony or misdemeanor convictions. Such rules shall include any person 51 General Assembly Of North Carolina Session 2025
	674	+	Page 14 DRH10226-ML-135
	675	+	serving an activated sentence of imprisonment who is confined in a detention facility approved 1
	676	+	by the Division of Juvenile Justice of the Department of Public Safety. 2
	677	+	… 3
	678	+	(e) The Secretary's regulations concerning earned time and good time credits authorized 4
	679	+	by this section shall be distributed to and followed by local jail administrators and by personnel 5
	680	+	of the Division of Juvenile Justice or personnel approved by the Division of Juvenile Justice with 6
	681	+	regard to sentenced jail prisoners, including prisoners housed in a detention facility approved by 7
	682	+	the Division of Juvenile Justice.prisoners. 8
	683	+	…." 9
	684	+	SECTION 7.(l) G.S. 148-32.1(e) reads as rewritten: 10
	685	+	"(e) Upon entry of a prisoner serving a sentence of imprisonment for impaired driving 11
	686	+	under G.S. 20-138.1 into a local confinement facility or to a detention facility approved by the 12
	687	+	Division of Juvenile Justice of the Department of Public Safety a person under the age of 18 13
	688	+	confined in a facility operated by the Division of Prisons of the Department of Adult Correction 14
	689	+	pursuant to this section, the custodian of the local confinement facility or detention facility 15
	690	+	operated by the Division of Prisons shall forward to the Post-Release Supervision and Parole 16
	691	+	Commission information pertaining to the prisoner so as to make him eligible for parole 17
	692	+	consideration pursuant to G.S. 15A-1371. Such information shall include date of incarceration, 18
	693	+	jail credit, and such other information as may be required by the Post-Release Supervision and 19
	694	+	Parole Commission. The Post-Release Supervision and Parole Commission shall approve a form 20
	695	+	upon which the custodian shall furnish this information, which form will be provided to the 21
	696	+	custodian by the Division of Prisons." 22
	697	+	SECTION 7.(m) G.S. 20-179(k5)(5) reads as rewritten: 23
	698	+	"(5) Submit to a period or periods of confinement in a local confinement facility 24
	699	+	for a total of no more than six days per month during any three separate 25
	700	+	months during the period of probation. The six days per month confinement 26
	701	+	provided for in this subdivision may only be imposed as two-day or three-day 27
	702	+	consecutive periods. When a defendant is on probation for multiple 28
	703	+	judgments, confinement periods imposed under this subdivision shall run 29
	704	+	concurrently and may total no more than six days per month. If the person 30
	705	+	being ordered to a period or periods of confinement is under the age of 18, 31
	706	+	that person must shall be confined in a detention facility approved by the 32
	707	+	Division of Juvenile Justice of the Department of Public Safety to provide 33
	708	+	secure confinement and care for juveniles or to a holdover facility as defined 34
	709	+	in G.S. 7B-1501(11). operated by the Division of Prisons of the Department 35
	710	+	of Adult Correction. If the person being ordered to a period or periods of 36
	711	+	confinement reaches the age of 18 years while in confinement, the person may 37
	712	+	be transported by personnel of the Division of Juvenile Justice, Prisons, or 38
	713	+	personnel approved by the Division of Juvenile Justice, Prisons, to the custody 39
	714	+	of the sheriff of the applicable local confinement facility." 40
	715	+	41
	716	+	PART VIII. SAVINGS CLAUSE AND EFFECTIVE DATE 42
	717	+	SECTION 8.(a) Prosecutions for offenses committed before the effective date of 43
	718	+	this act are not abated or affected by this act, and the statutes that would be applicable but for 44
	719	+	this act remain applicable to those prosecutions. 45
	720	+	SECTION 8.(b) Parts I through VI of this act become effective December 1, 2025, 46
	721	+	and apply to offenses committed on or after that date. Part VII of this act becomes effective 47
	722	+	August 1, 2025, and applies to offenses committed, sentences imposed, and any other orders of 48
	723	+	imprisonment issued on or after that date. The remainder of this act is effective when it becomes 49
	724	+	law. 50