Juvenile Justice Legislative Proposals.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 483
Committee Substitute Favorable 4/29/25

Short Title: Juvenile Justice Legislative Proposals. (Public)
Sponsors:
Referred to:
March 25, 2025
*H483-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO EXTEND TER MS OF PROBATION AND POST-RELEASE SUPERVI SION 2
FOR YOUTH ADJUDICATED OF CERTAIN VIOLENT OFFENSES AND TO CLARIFY 3
A VICTIM'S RIGHT TO BE NOTIFIED ABOUT TERMINATION OF PROBATION OR 4
POST-RELEASE SUPERVI SION; TO MODIFY THE CRITERIA FOR SEC URE 5
CUSTODY TO CLARIFY T HAT A SUPERIOR COURT JUDGE MAY ENTER A 6
SECURE CUSTODY ORDER FOLLOWING THE REMOV AL OF A CASE TO 7
JUVENILE COURT AND TO AUTHORIZE THE ISSUANCE OF A SECURE CUSTODY 8
ORDER IN RESPONSE TO THE VIOLATION OF A CHAPTER 50B DOMESTIC 9
VIOLENCE PROTECTIVE ORDER; TO CLARIFY TH AT ALL FELONY SCHOOL 10
NOTIFICATIONS ARE LIMITED TO CLASS A THR OUGH CLASS E FELONIE S; TO 11
EXTEND THE RETENTION PERIOD FOR CLOSED C OMPLAINTS TO ALLOW FOR 12
REVIEW BY THE PROSEC UTOR; TO CREATE A CR IMINAL OFFENSE FO R 13
ESCAPING FROM A JUVE NILE JUSTICE FACILIT Y OR OFFICER; TO CLA RIFY 14
AND MAKE TECHNICAL C ORRECTIONS TO THE JU VENILE CAPACITY TO 15
PROCEED PROCESS; TO CLARIFY THE PROCESS TO REMOVE A JUVENILE FROM 16
SUPERIOR COURT TO JU VENILE COURT; AND TO CLARIFY THE PLACE O F 17
CONFINEMENT FOR PERSON S UNDER EIGHTEEN YEA RS OF AGE WHO ARE 18
SENTENCED TO IMPRISO NMENT IN THE DEPARTM ENT OF ADULT 19
CORRECTION, AS RECOM MENDED BY THE DIVISI ON OF JUVENILE JUSTI CE 20
AND DELINQUENCY PREVENTION OF THE DEPARTMENT OF PUBLIC SAFETY. 21
The General Assembly of North Carolina enacts: 22
23
PART I. EXTEND TERMS OF PROBATION AND PO ST-RELEASE SUPERVISI ON 24
FOR YOUTH ADJUDICATED OF CERTAIN VIOLENT OFFENSES AND CLARIFY A 25
VICTIM'S RIGHT TO BE NOTIFIED ABOUT TERMINATION OF PROBATION OR 26
POST-RELEASE SUPERVISION 27
SECTION 1.(a) G.S. 7B-2510 reads as rewritten: 28
"§ 7B-2510. Conditions of probation; violation of probation. 29
… 30
(c) An order of probation shall remain in force for a period not to exceed one year from 31
the date entered. Prior Except as otherwise provided in subsect ion (c1) of this section, prior to 32
expiration of an order of probation, the court may extend it for an additional period of one year 33
after notice and a hearing, if the court finds that the extension is necessary to protect the 34
community or to safeguard the welfare of the juvenile. At the discretion of the court, the hearing 35
General Assembly Of North Carolina Session 2025
Page 2 House Bill 483-Second Edition
to determine to extend probation may occur after the expiration of an order of probation at the 1
next regularly scheduled court date or if the juvenile fails to appear in court. 2
(c1) Prior to expiration of an order of probation entered for an adjudication of an offense 3
that would be a Class A, B1, or B2 felony if committed by an adult, the court may extend the 4
term of probation for additional periods of up to one year after notice and a he aring, if the court 5
finds that the extension is necessary to protect the community or to safeguard the welfare of the 6
juvenile. The total period of probation entered for an adjudication of an offense that would be a 7
Class A, B1, or B2 felony if committed by an adult shall not exceed three years. At the discretion 8
of the court, the hearing to determine to extend probation may occur after the expiration of an 9
order of probation at the next regularly scheduled court date or if the juvenile fails to appear in 10
court. 11
(d) On motion of the juvenile court counselor or counselor, the juvenile, the prosecutor, 12
or on the court's own motion, the court may review the progress of any juvenile on probation at 13
any time during the period of probation or at the end of probation. The conditions or duration of 14
probation may be modified only as provided in this Subchapter and only after notice and a 15
hearing. 16
…." 17
SECTION 1.(b) G.S. 7B-2511 reads as rewritten: 18
"§ 7B-2511. Termination of probation. 19
At the end of or at any t ime during probation, the court may terminate probation by written 20
order upon finding that there is no further need for supervision. The Except for cases that involve 21
a victim as defined in Article 20A of this Chapter, the finding and order terminating pro bation 22
may be entered in chambers in the absence of the juvenile and may be based on a report from the 23
juvenile court counselor or, at the election of the court, the order may be entered with the juvenile 24
present after notice and a hearing. In cases involving a victim as defined in Article 20A of this 25
Chapter, the order may be entered with the juvenile present after notice and a hearing. If a victim 26
has requested to be notified of court proceedings pursuant to G.S. 7B-2053, the Division of 27
Juvenile Justice shall provide notice to the victim, and the court shall provide the prosecutor, the 28
victim, or the person who may assert the victim's rights as set forth in Article 20A of this Chapter 29
the opportunity to be heard at the hearing." 30
SECTION 1.(c) G.S. 7B-2514 reads as rewritten: 31
"§ 7B-2514. Post-release supervision planning; release. 32
… 33
(b) The Division shall develop the plan in writing and base the terms on the needs of the 34
juvenile and the protection of the public. Every Except as otherwise provided in subsection (b1) 35
of this section, every plan shall require the juvenile to complete at least 90 days, but not more 36
than one year, of post-release supervision. 37
(b1) Every plan developed for an offense that would be a Class A, B1, B2, or C felony if 38
committed by an adult shall require the juvenile to complete three years of post -release 39
supervision. The Division shall develop the plan in writing and base the terms on the needs of 40
the juvenile and the protection of the public. 41
… 42
(g) A juvenile on post -release supe rvision shall be supervised by a juvenile court 43
counselor. Post-release supervision shall be terminated by order of the court. For plans developed 44
pursuant to subsection (b1) of this section, post -release supervision may be terminated with the 45
juvenile pre sent after notice and a hearing. If a victim has requested to be notified of court 46
proceedings pursuant to G.S. 7B-2053, the Division of Ju venile Justice shall provide notice to 47
the victim, and the court shall provide the prosecutor, the victim, or the person who may assert 48
the victim's rights as set forth in Article 20A of this Chapter the opportunity to be heard at the 49
hearing." 50
51
General Assembly Of North Carolina Session 2025
House Bill 483-Second Edition Page 3
PART II. MODIFY THE CRITERIA FOR SECURE CUSTODY TO CLARIFY THAT A 1
SUPERIOR COURT JUDGE MAY ENTER A SECURE CUSTODY ORDER 2
FOLLOWING THE REMOVAL OF A CASE TO JUVENILE COU RT AND 3
AUTHORIZE THE ISSUANCE OF A SECURE CUSTODY ORDER IN RESPONSE TO 4
THE VIOLATION OF A C HAPTER 50B DOMESTIC VIOLENCE PROTECTIVE 5
ORDER 6
SECTION 2.(a) G.S. 7B-1903 reads as rewritten: 7
"§ 7B-1903. Criteria for secure or nonsecure custody. 8
(a) When a request is made for nonsecure custody, the court shall first consider release 9
of the juvenile to the juvenile's parent, guardian, custodian, or other responsible adult. An order 10
for nonsecure custody shall be made only when there is a reasonable factual basis to believe the 11
matters alleged in the petition petition, or in the indictment or criminal information if the request 12
is made pursuant to G.S. 15A-960, are true, and that: 13
(1) The juvenile is a runaway and consents to nonsecure custody; or 14
(2) The juvenile meets one or more of the criteria for secure custody, but the court 15
finds it in the best interests of the juvenile that the juvenile be placed in a 16
nonsecure placement. 17
(b) When a request is made for secure custody, the court may order secure custody only 18
where the court finds there is a reasonable factual basis to believe that the juvenile committed 19
the offense as alleged in the petition, petition or in the indictment or criminal information if the 20
request is made pursuant to G.S. 15A-960, and that one of the following circumstances exists: 21
(1) The juvenile is charged with a felony and has demonstrated that the juvenile 22
is a danger to property or persons. 23
(1a) The juvenile is charged with the violation of a valid protective order entered 24
pursuant to Chapter 50B of the General Statutes and is alleged to have 25
knowingly violated conditions of the protective order excluding the juvenile 26
from the residence or household occupied by a victim of domestic violence or 27
directing the juvenile to refrain from doing any or all of the acts specified in 28
G.S. 50B-3(a)(9). 29
…." 30
SECTION 2.(b) G.S. 50B-4.1(b) reads as rewritten: 31
"(b) A law enforcement officer shall arrest and take a person into custody, with or without 32
a warrant or other process, if the officer has probable cause to believe that the person knowingly 33
has violated a valid protective order excluding the person from the residence or household 34
occupied by a victim of domestic violence or directing the person to refrain fr om doing any or 35
all of the acts specified in G.S. 50B-3(a)(9). If the person is under the age of 18, the law 36
enforcement officer shall request that a juvenile petition be filed for the alleged violation of a 37
valid protective order entered pursuant to this Chapter and shall request the issuance of a secure 38
custody order pursuant to G.S. 7B-1903." 39
40
PART III. CLARIFY THAT ALL FELONY SCHOOL NOTIFICATIONS ARE LIMITED 41
TO CLASS A THROUGH CLASS E FELONIES 42
SECTION 3. G.S. 7B-3101(a) reads as rewritten: 43
"(a) Notwithstanding G.S. 7B-3000, the juvenile court counselor shall deliver verbal and 44
written notification of any of the following actions to the principal of the school that the juvenile 45
attends: 46
(1) A petition is filed under G.S. 7B-1802 that alleges delinquency for an offense 47
that would constitute a Class A, B1, B2, C, D, or E felony if committed by an 48
adult. The principal of the school shall make an individualized decision related 49
to the status of the student during the pendency of the matter and not have an 50
automatic suspension policy. 51
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(2) The court transfers jurisdiction over a juvenile to the superior court under 1
G.S. 7B-2200.5 or G.S. 7B-2200.G.S. 7B-2200 for an offense that would 2
constitute a Class A, B1, B2, C, D, or E felony if committed by an adult. 3
(3) The court dismisses under G.S. 7B-2411 the petition that alleges delinquency 4
for an offense that would be a Class A, B1, B2, C, D, or E felony if committed 5
by an adult. 6
(4) The court issues a dispositional order under Article 25 of Chapter 7B of the 7
General Statutes including, but not limited to, an order of probation that 8
requires school attendance, concerning a juvenile alleged or found delinquent 9
for an offense that would be a Class A, B1, B2, C, D, or E felony if committed 10
by an adult. 11
(5) The court modi fies or vacates any order or disposition under G.S. 7B-2600 12
concerning a juvenile alleged or found delinquent for an offense that would 13
be a Class A, B1, B2, C, D, or E felony if committed by an adult. 14
Notification of the school principal in person or by t elephone shall be made before the 15
beginning of the next school day. Delivery shall be made as soon as practicable but at least within 16
five days of the action. Delivery shall be made in person or by certified mail. Notification that a 17
petition has been file d shall describe the nature of the offense. Notification of a dispositional 18
order, a modified or vacated order, or a transfer to superior court shall describe the court's action 19
and any applicable disposition requirements. As used in this subsection, the term "offense" does 20
not include any offense under Chapter 20 of the General Statutes." 21
22
PART IV. EXTEND THE RETENTION PERIOD FOR CLOSED COMPLAINTS T O 23
ALLOW FOR REVIEW BY THE PROSECUTOR 24
SECTION 4. G.S. 7B-1703(c) reads as rewritten: 25
"(c) If the juvenile cou rt counselor determines that a petition should not be filed or the 26
complaint handled as a juvenile consultation, the juvenile court counselor shall notify the 27
complainant and the victim, if the complainant is not the victim, immediately in writing with 28
specific reasons for the decision, whether or not legal sufficiency was found, and whether the 29
matter was closed or diverted and retained, and shall include notice of the complainant's and 30
victim's right to have the decision reviewed by the prosecutor. The juvenile court counselor shall 31
sign the complaint after indicating on it: 32
(1) The date of the determination; 33
(2) The words "Not Approved for Filing"; and 34
(3) Whether the matter is "Closed" or "Diverted and Retained". 35
Except as provided in G.S. 7B-1706, any complaint not approved for filing as a juvenile 36
petition or handled as a juvenile consultation shall be destroyed by the juvenile court counselor 37
after holding the complaint for a temporary period of at least one year to allow review as provided 38
in G.S. 7B-1704 and G.S. 7B-1705." 39
40
PART V. CREATE A CRI MINAL OFFENSE FOR ES CAPING FROM A JUVENI LE 41
JUSTICE FACILITY OR OFFICER 42
SECTION 5. Article 33 of Chapter 14 of the General Statutes is amended by adding 43
a new section to read: 44
"§ 14-256.2. Escape from juvenile detention facilities or officers. 45
(a) Offense and Punishment. – If any person shall break any detention facility, holdover 46
facility, or youth development center , being lawfully detained therein, or shall escape from the 47
lawful custody of any employee, guard , or officer of the Division of Juvenile Justice of the 48
Department of Public Safety, the person is guilty of a Class 1 misdemeanor, except that the person 49
is guilty of a Class H felony if any of the following apply: 50
General Assembly Of North Carolina Session 2025
House Bill 483-Second Edition Page 5
(1) The person has been charged with a felony and has been committed to the 1
facility pending trial or transfer to the State prison system. 2
(2) The person is alleged to be within the jurisdiction of the juvenile court for an 3
offense that would be a felony if committed by an adult and has been placed 4
in secure custody. 5
(3) The person has been adjudicated delinquent for an offense that would be a 6
felony if committed by an adult and has been placed in secure custody or 7
committed to the custody of the Division of Juvenile Justice and Delinquency 8
Prevention for placement in a youth development center. 9
(b) Definitions. – For purposes of this section, the terms "detention facility," "holdover 10
facility," and "youth development center" are as defined in G.S. 7B-1501." 11
12
PART VI. CLARIFY AND MAKE TECHNICAL CORRECTIONS TO THE JUVENILE 13
CAPACITY TO PROCEED PROCESS 14
SECTION 6.(a) G.S. 7B-2401.2 reads as rewritten: 15
"§ 7B-2401.2. Procedures to determine capacity; hearing procedures; evidence. 16
… 17
(e) Any report made to the court pursuant to this section shall be forwarded to the clerk 18
of superior court in a sealed envelope addressed to the attention of a presiding judge, with a 19
covering statement to the clerk of the fact of the examination of the juvenile and any conclusion 20
as to whether the juvenile has or lacks capacity to proceed. If the juvenile is being held in the 21
custody of the Division, the The clerk shall send a copy of the covering statement to the Division. 22
The Division and any persons employed by the Division shall maintain the copy of the covering 23
statement as a confidential record. A copy of the full report shall be forwarded to the juvenil e's 24
counsel. If the question of the juvenile's capacity to proceed is raised at any time, a copy of the 25
full report must be forwarded to the prosecutor. Until the question of the juvenile's capacity is 26
raised, the full report to the court shall be kept under such conditions as are directed by the court, 27
and its contents shall not be revealed except the report and the relevant confidential information 28
previously ordered released under G.S. 7B-2401.3(c) shall be released to the program where the 29
juvenile is receiving remediation services and as directed by the court. revealed. Any report made 30
to the court pursuant to this section shall be maintained as a confidential record. 31
… 32
(h) When the capacity of the juvenile to proceed is questioned, the court shall hold a 33
hearing to determine the juvenile's capacity to proceed. If an evaluation is ordered pursuant to 34
subsection (b) of this section, the hearing shall be held upon receipt of the forensic evaluation 35
report. The clerk shall provide notice to the juvenile and juvenile, the prosecutor prosecutor, and 36
the chief court counselor in accordance with G.S. 7B-1807. The order of the court shall contain 37
findings of fact to support its determination of the juvenile's capacity to proceed. The parties may 38
stipulate that th e juvenile is capable to proceed but shall not be allowed to stipulate that the 39
juvenile lacks capacity to proceed. If the court finds the juvenile is capable to proceed, the 40
juvenile proceedings shall no longer be stayed, and the court shall set a date fo r such further 41
proceedings. If the juvenile's capacity to proceed is contested, the juvenile bears the burden of 42
proving the juvenile is incapable to proceed by a preponderance of the evidence. At a contested 43
hearing, the State and the juvenile may call wi tnesses and present evidence. Nothing in this 44
subsection may be construed to prohibit the State or the juvenile from calling other expert 45
witnesses to testify at a capacity hearing. If appropriate, the If the court finds that the juvenile is 46
not capable to proceed, the court must determine if the juvenile is substantially likely to attain 47
capacity in the foreseeable future. If the court finds that the juvenile is substantially likely to 48
attain capacity in the foreseeable future, the court may order remediation services in accordance 49
with G.S. 7B-2401.4. 50
…." 51
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SECTION 6.(b) G.S. 7B-2401.4 reads as rewritten: 1
"§ 7B-2401.4. Remediation. 2
… 3
(b) When the court finds the juvenile incapable to proceed, and substantially likely to 4
attain capacity in the foreseeable f uture, the court may order remediation services. The 5
remediation services shall be based on the recommendations from the forensic evaluation. All 6
forensic evaluations for the juvenile and the relevant confidential information previously ordered 7
released under G.S. 7B-2401.3(c) shall be released to the program or programs where the juvenile 8
is receiving remediation services as directed by the court. 9
… 10
(e) An order for remediation services shall contain all of the following: 11
(1) Written findings of fact regarding the least restrictive environment for the 12
remediation services. 13
(2) If the court order allows for secure confinement pursuant to subsection (d) of 14
this section, the maximum time for placement in a secure facility shall be 15
pursuant to subsection (f) of this section. 16
(3) Whether remediation services shall include mental health treatment to reduce 17
interfering symptoms, specialized psychoeducational programming, or a 18
combination of these interventions. If both mental health services and 19
psychoeducational programming are ordered, the court shall identify a 20
provider for each service. 21
… 22
(g) The Division shall be responsible for the provision of psychoeducation remediation 23
programming and working with community partners to secure any additional services 24
recommended in the forensic evaluation report. The Division is authorized to contract with the 25
University of North Carolina at Chapel Hill or any other qualified educational organization to 26
develop and conduct related trainings and curriculum. 27
The remediation service provider or providers shall provide reports to the court at least every 28
90 days. Any report made to the court pursuant to this subsection shall be forwarded to the clerk 29
of superior court addressed to the attention of the presiding judge. judge and to the juvenile 's 30
attorney. A report provided under this subsection shall include all of the following: 31
(1) The dates of any services provided to the juvenile. 32
(2) A summary of the juvenile's attendance and participation. 33
(3) Information about the juve nile's progress in the areas that were found to be 34
relevant to the juvenile's incapacity, incapacity and that are the focus of the 35
provider's services , including education regarding court procedures and 36
stabilization or improvement of symptoms leading to functional impairments. 37
No statement or disclosure made by the juvenile during the remediation services regarding 38
the juvenile's responsibility for a criminal act that can result either in an adjudication of 39
delinquency or transfer of a matter to superior c ourt for trial as an adult is admissible in any 40
juvenile or criminal proceeding against the juvenile or defendant. All remediation progress 41
reports, summaries, and notes shall not include any such statement. 42
The court shall hold a hearing within 30 days of receipt of the remediation progress report to 43
review the remediation services. The remediation review hearing may be informal, and the court 44
may consider all remediation progress reports. The court may consider any evidence, including 45
hearsay evidence as defined in G.S. 8C-1, Rule 801, that the court finds to be relevant, reliable, 46
and necessary to determine if remediation services should continue or reassessment of capacity 47
is warranted. The juvenile and the juvenile's parent, guardian, or custodian shall have an 48
opportunity to present evidence, and they may advise the court concerning the remediation 49
services. The order of the court may be amended or supplemented only as provided in this 50
Subchapter and only after notice and a hearing. 51
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House Bill 483-Second Edition Page 7
… 1
(i) If, at any tim e during the remediation treatment, the remediation service provider 2
finds that the juvenile has likely completed the requirements of the remediation services, the 3
remediation service provider shall provide written notification to the court, the prosecutor , and 4
the juvenile's attorney within two business days regarding this finding. A copy of any remediation 5
report or reports shall be forwarded to the court and to the juvenile's attorney. The court may 6
order the release of a remediation report to the prosec utor after providing the juvenile with 7
reasonable notice and an opportunity to be heard and then determining that the information is 8
relevant and necessary to the hearing of the matter before the court and unavailable from any 9
other source. This subsection shall not be construed to relieve any court of its duty to conduct 10
hearings and make findings required under relevant federal law before ordering the release of 11
any private medical or mental health information or records related to substance abuse or HIV 12
status or treatment. The records shall be withheld from public inspection and, except as provided 13
in this subsection, may be examined only by order of the court. The juvenile's matter shall be 14
returned to court within a reasonable time, and not more than 30 days after the completion of 15
remediation services, for a remediation review or further proceedings.hearing. 16
(j) Any remediation report completed by a psychoeduc ation provider on the juvenile 's 17
progress in the psychoeducation curriculum shall be provided by the clerk of superior court to 18
the prosecutor and the chief court counselor. 19
(k) The court may order the release of any remediation report that contains inform ation 20
about the juvenile's mental health treatment to the prosecutor after providing the juvenile with 21
reasonable notice and an opportunity to be heard and then determining that the information is 22
relevant and necessary to the hearing of the matter before the court and unavailable from any 23
other source. This subsection shall not be construed to relieve any court of its duty to conduct 24
hearings and make findings required under relevant federal law before ordering the release of 25
any private medical or mental health information or records related to substance abuse or HIV 26
status or treatment. The records shall be withheld from public inspection and, except as provided 27
in this subsection, may be examined only by order of the court. 28
(l) The court shall hold a rem ediation review hearing within 30 days of receipt of the 29
remediation progress report or reports or notification that the juvenile has likely completed the 30
requirements of the remediation services. The remediation review hearing may be informal, and 31
the court may consider all remediation progress reports. The court may consider any evidence, 32
including hearsay evidence as defined in G.S. 8C-1, Rule 801, that the court finds to be relevant, 33
reliable, and necessary to determine if a remediation service or servi ces should continue, 34
reassessment of capacity is warranted, or the juvenile is not substantially likely to attain capacity 35
in the foreseeable future. The juvenile and the juvenile's parent, guardian, or custodian shall have 36
an opportunity to present eviden ce, and they may advise the court concerning the remediation 37
service or services. The order of the court requiring remediation service or services may be 38
amended or supplemented only as provided in this Subchapter and only after notice and a hearing. 39
If the court determines that reassessment of capacity is warranted, the court shall order a new 40
forensic evaluation pursuant to the procedure contained in G.S. 7B-2401.2. This forensic 41
evaluation shall be performed by the original forensic evaluator when possible and comply with 42
the requirements of G.S. 7B-2401.3. Any forensic evaluation shall be conducted independently 43
of the remediation services and shall not be conducted by the remediation provider or providers. 44
A capacity hearing shall be held pursuant to the requirements in G.S. 7B-2401.2 upon receipt of 45
the forensic evaluation report. 46
If the court determines that the juvenile is not substantially likely to attain capacity in the 47
foreseeable future, the court shall proceed according to G.S. 7B-2401.5." 48
49
PART VII. CLARIFYING THE PROCESS TO REMOVE A JUVENILE FROM 50
SUPERIOR COURT TO JUVENILE COURT 51
General Assembly Of North Carolina Session 2025
Page 8 House Bill 483-Second Edition
SECTION 7.(a) G.S. 7B-1701 reads as rewritten: 1
"§ 7B-1701. Preliminary inquiry. 2
(a) When a complaint is received against a juvenile at least 10 years of age, the juve nile 3
court counselor shall make a preliminary determination as to whether the juvenile is within the 4
jurisdiction of the court as a delinquent or undisciplined juvenile. If the juvenile court counselor 5
finds that the facts contained in the complaint do not state a case within the jurisdiction of the 6
court, that legal sufficiency has not been established, or that the matters alleged are frivolous, the 7
juvenile court counselor, without further inquiry, shall refuse authorization to file the complaint 8
as a petition. 9
If a complaint against the juvenile has not been previously received, as determined by the 10
juvenile court counselor, the juvenile court counselor shall make reasonable efforts to meet with 11
the juvenile and the juvenile's parent, guardian, or custodian if the offense is divertible. 12
When requested by the juvenile court counselor, the prosecutor shall assist in determining 13
the sufficiency of evidence as it affects the quantum of proof and the elements of offenses. 14
The juvenile court counselor, without further inquiry, shall authorize the complaint to be filed 15
as a petition if removal has been ordered pursuant to G.S. 15A-960 or the juvenile court counselor 16
finds reasonable grounds to believe that the juvenile has committed one of the following 17
nondivertible offenses: 18
(1) Murder; 19
(2) First-degree rape or second degree rape; 20
(3) First-degree sexual offense or second degree sexual offense; 21
(4) Arson; 22
(5) Any violation of Article 5, Chapter 90 of the General Statutes that would 23
constitute a felony if committed by an adult; 24
(6) First degree burglary; 25
(7) Crime against nature; or 26
(8) Any felony which involves the willful infliction of serious bodily injury upon 27
another or which was committed by use of a deadly weapon. 28
(b) When a complaint is received against a juvenile less than 10 years of age, the juvenile 29
court counselor shall make a preliminary determination as to whether the juvenile is a vulnerable 30
juvenile or is within the jurisdiction of the court as a delinquent juvenile. If the juvenile court 31
counselor determines the juvenile is within the jurisdiction of the court as a delinquent juvenile, 32
the juvenile court counselor shall proceed with the complaint pursuant to subsection (a) of this 33
section. If the juvenile court counselor determines the juven ile is a vulnerable juvenile, the 34
juvenile court counselor shall handle the complaint as a juvenile consultation for a vulnerable 35
juvenile." 36
SECTION 7.(b) G.S. 7B-1803 reads as rewritten: 37
"§ 7B-1803. Receipt of complaints; filing of petition. 38
(a) All complaints concerning a juvenile alleged to be delinquent or undisciplined shall 39
be referred to the juvenile court counselor for screening and evaluation. Thereafter, if the juvenile 40
court counselor determines that a petition should be filed, the petition sha ll be drawn by the 41
juvenile court counselor or the clerk, signed by the complainant, and verified before an official 42
authorized to administer oaths. If the circumstances indicate a need for immediate attachment of 43
jurisdiction and if the juvenile court cou nselor is out of the county or otherwise unavailable to 44
receive a complaint and to draw a petition when it is needed, the clerk shall assist the complainant 45
in communicating the complaint to the juvenile court counselor by telephone and, with the 46
approval of the juvenile court counselor, shall draw a petition and file it when signed and verified. 47
A copy of the complaint and petition shall be transmitted to the juvenile court counselor. 48
(b) If review is requested pursuant to G.S. 7B-1704, the prosecutor shal l review a 49
complaint and any decision of the juvenile court counselor not to authorize that the complaint be 50
filed as a petition. If the prosecutor, after review, authorizes a complaint to be filed as a petition, 51
General Assembly Of North Carolina Session 2025
House Bill 483-Second Edition Page 9
the prosecutor shall prepare the complaint to be filed by the clerk as a petition, recording the day 1
of filing. 2
(c) If removal is ordered pursuant to G.S. 15A-960, the prosecutor shall prepare the 3
petition and sign it as the complainant. The warrant for arrest, magistrate 's order, or indictment 4
shall serve as the verified allegation to support the complaint and shall be included in the juvenile 5
record by the clerk." 6
SECTION 7.(c) G.S. 15A-960 reads as rewritten: 7
"§ 15A-960. Removal of juveniles charged with committing Class A, B1, B2, C, D, or E 8
felony offenses at age 16 and 17. 9
(a) Any time after an indictment has been returned or a criminal information has been 10
issued for a Class A, B1, B2, C, D, or E felony, excluding offenses constituting violations of the 11
motor vehicle laws under Chapter 20 of the General Statutes, and before the jury is sworn and 12
impaneled, the superior court shall order the removal of the action to juvenile court upon joint 13
motion of the prosecutor and the defendant's attorney. The order shall be in writing and shall 14
require the chief court counselor or his or her designee to file a juvenile petition in the case within 15
10 five calendar days after removal is ordered. In cases where a true bill of indictment has been 16
returned by the grand jury, a copy of the indictment shall accompany the order of removal to the 17
juvenile court. In cases where a criminal information is filed, a copy of the criminal information 18
and the warrant for arrest or magistrate 's order shall accompany the order of removal to the 19
juvenile court. The prosecutor shall provide the chief court counselor or his or her designee with 20
a copy of the joint motion prior to submitting the motion to the court. Following the entry of 21
removal order, the prosecutor shall draw the juvenile petition, sign the petition as the 22
complainant, and submit it to the chief court counselor or his or her designee. The warrant for 23
arrest, magistrate 's order, or indictment shall serve as the verified allegation to support the 24
complaint and shall be included in the juvenile record by the c lerk. The case shall proceed 25
pursuant to the procedures in Subchapter II of Chapter 7B of the General Statutes. 26
(b) The superior court shall expunge the criminal charges and superior court record in 27
accordance with G.S. 15A-145.8 at the time of removal and , if the defendant meets the criteria 28
established in G.S. 7B-1903, may issue an order for secure custody upon the request of a 29
prosecutor. The prosecutor shall provide a copy of any issued secure custody order to the chief 30
court counselor or his or her des ignee, as soon as possible and no more than 24 hours after the 31
order is issued." 32
SECTION 7.(d) G.S. 7B-3000(a) reads as rewritten: 33
"(a) The clerk shall maintain a complete record of all juvenile cases filed in the clerk's 34
office to be known as the juvenil e record. The record shall include the summons and petition, 35
any secure or nonsecure custody order, any electronic or mechanical recording of hearings, and 36
any written motions, orders, or papers filed in the proceeding.proceeding or documents 37
accompanying the order to remove cases from superior court pursuant to G.S. 15A-960." 38
39
PART VIII. CLARIFY T HE PLACE OF CONFINEM ENT FOR PERSONS UNDE R 18 40
YEARS OF AGE WHO ARE SENTENCED TO IMPRIS ONMENT IN THE 41
DEPARTMENT OF ADULT CORRECTION 42
SECTION 8.(a) G.S. 7A-109.3 reads as rewritten: 43
"§ 7A-109.3. Delivery of commitment order. 44
… 45
(a1) If the district court sentences a person under the age of 18 to imprisonment and 46
commitment, commitment to the custody of the Division of Prisons of the Departme nt of Adult 47
Correction, the clerk of superior court shall furnish the detention facility approved by the 48
Division of Juvenile Justice Division of Prisons of the Department of Adult Correction with the 49
signed order of commitment within 48 hours of the issuance of the sentence. 50
… 51
General Assembly Of North Carolina Session 2025
Page 10 House Bill 483-Second Edition
(c) If the superior court sentences a person under the age of 18 to imprisonment and 1
commitment, commitment to the custody of the Division of Prisons of the Department of Adult 2
Correction, the clerk of superior court shall furnish the detention facility ap proved by the 3
Division of Juvenile Justice Division of Prisons of the Department of Adult Correction with the 4
signed order of commitment within 48 hours of the issuance of the sentence." 5
SECTION 8.(b) G.S. 15A-521 reads as rewritten: 6
"§ 15A-521. Commitment to detention facility pending trial. 7
(a) Commitment. – Every person charged with a crime and held in custody who has not 8
been released pursuant to Article 26 of this Chapter, Bail, must be committed by a written order 9
of the judicial official wh o conducted the initial appearance as provided in Article 24 to an 10
appropriate detention facility as provided in this section. If the person being committed by written 11
order is under the age of 18, that person must shall be committed to the custody of the Division 12
of Juvenile Justice of the Department of Public Safety and shall be confined in a detention facility 13
approved by the Division of Juvenile Justice to provide secure confinement and care for 14
juveniles, or to a holdover facility as defined in G.S. 7B-1501(11). If the person being committed 15
reaches the age of 18 years while held in custody, the person shall be transported by personnel 16
of the Juvenile Justice Division, Division of Juvenile Justice, or personnel approved by the 17
Juvenile Justice Division, Division of Juvenile Justice, to the custody of the sheriff of the county 18
where the charges arose. 19
… 20
(c) Copies and Use of Order, Receipt of Prisoner. – 21
(1) The order of commitment must be delivered to a law-enforcement officer, who 22
must deliver the order and the prisoner to the detention facility named therein. 23
(2) The jailer or personnel of the Juvenile Justice Division of Juvenile Justice 24
must receive the prisoner and the order of commitment, and note on the order 25
of commitment the time and date of receipt. As used in this subdivision, 26
"jailer" includes any person having control of a detention facility and 27
"personnel of the Juvenile Justice Division" Division of Juvenile Justice " 28
includes personnel approved by the Juvenile Justice Division. Division of 29
Juvenile Justice. 30
(3) Upon releasing the prisoner pursuant to the terms of the order, or upon 31
delivering the prisoner to the court, the jailer or personnel of the Juvenile 32
Justice Division of Juvenile Justice must note the time and date on the order 33
and return it to the clerk. Personnel of the Juvenile Justice Division, Division 34
of Juvenile Justice, or personnel approved by the Juvenile Justice Division, 35
Division of Juvenile Justice, shall transport the person under the age of 18 36
from the juvenile detention facility or holdover facility to court and shall 37
transfer the person back to the juvenile detention facility or holdover facility. 38
(4) Repealed by Session Laws 1975, 2nd Sess., c. 983, s. 142. 39
…." 40
SECTION 8.(c) G.S. 15A-1301 reads as rewritten: 41
"§ 15A-1301. Order of commitment to imprisonment when not otherwise specified. 42
When a judicial official orders that a defendant be imprisoned he must issue an appropriate 43
written commitment order. When the commitment is to a sentence of imprisonment, the 44
commitment must include the identification and class of the offense or offenses for which the 45
defendant was convicted and, if the sentences are consecu tive, the maximum sentence allowed 46
by law upon conviction of each offense for the punishment range used to impose the sentence for 47
the class of offense and prior record or conviction level, and, if the sentences are concurrent or 48
consolidated, the longest of the maximum sentences allowed by law for the classes of offense 49
and prior record or conviction levels upon conviction of any of the offenses. If the person 50
sentenced to imprisonment is under the age of 18, the person must shall be committed to a 51
General Assembly Of North Carolina Session 2025
House Bill 483-Second Edition Page 11
detention facility approved by the Division of Juvenile Justice to provide secure confinement and 1
care for juveniles. the custody of the Division of Prisons of the Department of Adult Correction 2
and shall be confined in a facility operated by the Division of Prisons. If the person is under the 3
age of 18, the person may be temporarily confined in a holdover facility as defined in 4
G.S. 7B-1501(11) until the person can be transferred to a juvenile detention facility. facility 5
operated by the Division of Prisons. Personnel of the Juvenile Justice Division of Juvenile Justice 6
or personnel approved by the Juvenile Justice Division of Juvenile Justice shall transport the 7
person to the juvenile detention Division of Prisons facility or the holdover facility.facility, if the 8
person is in the custody of the Division of Juvenile Justice at the time of commitment." 9
SECTION 8.(d) G.S. 15A-1343(a1)(3) reads as rewritten: 10
"(3) Submission to a period or periods of confinement in a local confinement 11
facility for a total of no more than six days per month during any three separate 12
months during the period of probation. The six days per month confinement 13
provided for in this subdivision may only be imposed as two-day or three-day 14
consecutive periods. When a defendant is on probation for multiple 15
judgments, confinement periods imposed under this subdivision shall run 16
concurrently and may total no more than six days per month. If the person 17
being ordered to a period or periods of confinement is under the age of 18, 18
that person must shall be committed to the custody of the Division of Prisons 19
of the Department of Adult Correction and shall be confined in a detention 20
facility approved by the Division of Juvenile Justice to provide secure 21
confinement and care for juveniles o r to a holdover facility as defined in 22
G.S. 7B-1501(11). operated by the Division of Prisons . If the person being 23
ordered to a period or periods of confinement reaches the age of 18 years while 24
in confinement, the person may be transported by personnel of the Division 25
of Juvenile Justice, Prisons, or personnel approved by the Division of Juvenile 26
Justice, Prisons, to the custody of the sheriff of the applicable local 27
confinement facility." 28
SECTION 8.(e) G.S. 15A-1343.2(e)(5) reads as rewritten: 29
"(5) Submit to a period or periods of confinement in a local confinement facility 30
for a total of no more than six days per month during any three separate 31
months during the period of probation. The six days per month confinement 32
provided for in this subdivision may only be imposed as two-day or three-day 33
consecutive periods. When a defendant is on probation for multiple 34
judgments, confinement periods imposed under this subdivision shall run 35
concurrently and may total no more than six days per month. If the person 36
being ordered to a period or periods of confinement is under the age of 18, 37
that person must shall be committed to the custody of the Division of Prisons 38
of the Department of Adult Correction and shall be confined in a detention 39
facility approved by the Division of Juvenile Justice of the Department of 40
Public Safet y to provide secure confinement and care for juveniles or to a 41
holdover facility as defined in G.S. 7B-1501(11). operated by the Division of 42
Prisons. If the person being ordered to a period or p eriods of confinement 43
reaches the age of 18 years while in confinement, the person may be 44
transported by personnel of the Division of Juvenile Justice, Prisons, or 45
personnel approved by the Division of Juvenile Justice, Prisons, to the custody 46
of the sheriff of the applicable local confinement facility." 47
SECTION 8.(f) G.S. 15A-1343.2(f)(6) reads as rewritten: 48
"(6) Submit to a period or periods of confinement in a local confinement facility 49
for a total of no more than six days per month during any three sep arate 50
months during the period of probation. The six days per month confinement 51
General Assembly Of North Carolina Session 2025
Page 12 House Bill 483-Second Edition
provided for in this subdivision may only be imposed as two-day or three-day 1
consecutive periods. When a defendant is on probation for multiple 2
judgments, confinement periods i mposed under this subdivision shall run 3
concurrently and may total no more than six days per month. If the person 4
being ordered to a period or periods of confinement is under the age of 18, 5
that person must shall be committed to the custody of the Division of Prisons 6
of the Department of Adult Correction and shall be confined in a detention 7
facility approved by the Division of Juvenile Justice to provide secure 8
confinement and care for juveniles or to a holdover facil ity as defined in 9
G.S. 7B-1501(11). operated by the Division of Prisons . If the person being 10
ordered to a period or periods of confinement reaches the age of 18 years while 11
in confinement, the person may be transported by personnel of the Division 12
of Juvenile Justice, Prisons, or personnel approved by the Division of Juvenile 13
Justice, Prisons, to the custody of the sheriff of the applicable local 14
confinement facility." 15
SECTION 8.(g) G.S. 15A-1344(d2) reads as rewritten: 16
"(d2) Confinement in Response to Violation. – When a defendant under supervision for a 17
felony conviction has violated a condition of probation other than G.S. 15A-1343(b)(1) or 18
G.S. 15A-1343(b)(3a), the court may impose a period of confinement of 90 consecutive days to 19
be served in the cu stody of the Division of Community Supervision and Reentry of the 20
Department of Adult Correction. The court may not revoke probation unless the defendant has 21
previously received a total of two periods of confinement under this subsection. A defendant may 22
receive only two periods of confinement under this subsection. The 90-day term of confinement 23
ordered under this subsection for a felony shall not be reduced by credit for time already served 24
in the case. Any such credit shall instead be applied to the susp ended sentence. However, if the 25
time remaining on the maximum imposed sentence on a defendant under supervision for a felony 26
conviction is 90 days or less, then the term of confinement is for the remaining period of the 27
sentence. Confinement under this section shall be credited pursuant to G.S. 15-196.1. 28
When a defendant under supervision for a misdemeanor conviction sentenced pursuant to 29
Article 81B of Chapter 15A of the General Statutes has violated a condition of probation other 30
than G.S. 15A-1343(b)(1) or G.S. 15A-1343(b)(3a), the court may impose a period of 31
confinement pursuant to G.S. 15A-1343(a1)(3). If the person being ordered to a period of 32
confinement is under the age of 18, that person must shall be committed to the Division of Prisons 33
of the Department of Adult Correction and shall be confined in a detention facility approved by 34
the Division of Juvenile Justice to provide secure confinement and care for juveniles or to a 35
holdover facility as defined in G.S. 7B-1501(11). operated by the Division of Prisons. If the 36
person being ordered to a period of confinement reaches the age of 18 years while in confinement, 37
the person may be transported by personnel of the Division of Juvenile Justice, Prisons, or 38
personnel approved by the Division of Juvenile Justice, Prisons, to the custody of the sheriff of 39
the applicable local confinement facility. The court may not revoke probation unless the 40
defendant has previously received at least two periods of confinement for violating a condition 41
of probation other t han G.S. 15A-1343(b)(1) or G.S. 15A-1343(b)(3a). Those periods of 42
confinement may have been imposed pursuant to G.S. 15A-1343(a1)(3), 15A-1343.2(e)(5), or 43
15A-1343.2(f)(6). The second period of confinement must have been imposed for a violation that 44
occurred after the defendant served the first period of confinement. Confinement under this 45
section shall be credited pursuant to G.S. 15-196.1. 46
When a defendant under supervision for a misdemeanor conviction not sentenced pursuant 47
to Article 81B of Chapter 15A of the General Statutes has violated a condition of probation other 48
than G.S. 15A-1343(b)(1) or G.S. 15A-1343(b)(3a), the court may impose a period of 49
confinement of up to 90 consecutive days to be served where the defendant would have served 50
an active sen tence. The court may not revoke probation unless the defendant has previously 51
General Assembly Of North Carolina Session 2025
House Bill 483-Second Edition Page 13
received a total of two periods of confinement under this subsection. A defendant may receive 1
only two periods of confinement under this subsection. Confinement under this sectio n shall be 2
credited pursuant to G.S. 15-196.1. 3
The period of confinement imposed under this subsection on a defendant who is on probation 4
for multiple offenses shall run concurrently on all cases related to the violation. Confinement 5
shall be immediate unless otherwise specified by the court." 6
SECTION 8.(h) G.S. 15A-1344(e) reads as rewritten: 7
"(e) Special Probation in Response to Violation. – When a defendant has violated a 8
condition of probation, the court may modify the probation to place the defendant on special 9
probation as provided in this subsection. In placing the defendant on special probation, the court 10
may continue or modify the conditions of probation and in addition require that the defendant 11
submit to a period or periods of imprisonment, either continuous or noncontinuous, at whatever 12
time or intervals within the period of probation the court determines. In addition to any other 13
conditions of probation which the court may impose, the court shall impose, when imposing a 14
period or periods of imprisonment as a condition of special probation, the condition that the 15
defendant obey the rules an d regulations of the Division of Prisons of the Department of Adult 16
Correction and, if applicable, the Division of Juvenile Justice of the Department of Public Safety, 17
governing conduct of inmates, and this condition shall apply to the defendant whether or not the 18
court imposes it as a part of the written order. If imprisonment is for continuous periods, the 19
confinement may be in either the custody of the Division of Community Supervision and Reentry 20
of the Department of Adult Correction or a local confinement facility. Noncontinuous periods of 21
imprisonment under special probation may only be served in a designated local confinement or 22
treatment facility. If the person being ordered to a period or periods of imprisonment, either 23
continuous or noncontinuous, is under the age of 18, that person must shall be committed to the 24
Division of Prisons of the Department of Adult Correction and shall be imprisoned in a detention 25
facility approved by the Division of Juvenile Justice to provide secure confinement and care for 26
juveniles or to a holdover facility as defined in G.S. 7B-1501(11). operated by the Division of 27
Prisons. If the person being ordered to a period or periods of imprisonment reaches the age of 18 28
years while imprisoned, the person may be transported by personnel of the Division of Juvenile 29
Justice, Prisons, or personnel approved by the Division of Juvenile Justice, Prisons, to the custody 30
of the sheriff of the applicable local confinement facility. 31
Except for probationary sentences for impaired driving under G.S. 20-138.1, the total of all 32
periods of confinement imposed as an incident of special probation, but not including an activated 33
suspended sentence, may not exceed one -fourth the maximum sentence of imprisonment 34
imposed for the offense. For probati onary sentences for impaired driving under G.S. 20-138.1, 35
the total of all periods of confinement imposed as an incident of special probation, but not 36
including an activated suspended sentence, shall not exceed one -fourth the maximum penalty 37
allowed by law . No confinement other than an activated suspended sentence may be required 38
beyond the period of probation or beyond two years of the time the special probation is imposed, 39
whichever comes first." 40
SECTION 8.(i) G.S. 15A-1351(a) reads as rewritten: 41
"(a) The judge may sentence to special probation a defendant convicted of a criminal 42
offense other than impaired driving under G.S. 20-138.1, if based on the defendant's prior record 43
or conviction level as found pursuant to Article 81B of this Chapter, an intermediate punishment 44
is authorized for the class of offense of which the defendant has been convicted. A defendant 45
convicted of impaired driving under G.S. 20-138.1 may also be sentenced to special probation. 46
Under a sentence of special probation, the court may suspend the term of imprisonment and place 47
the defendant on probation as provided in Article 82, Probation, and in addition require that the 48
defendant submit to a period or periods of imprisonment in the custody of the Division of 49
Community Supervision and Reentry of the Department of Adult Correction or a designated local 50
confinement or treatment facility at whatever time or intervals within the period of probation, 51
General Assembly Of North Carolina Session 2025
Page 14 House Bill 483-Second Edition
consecutive or nonconsecutive, the court determines, as provided in this subsection. For 1
probationary sentences for misdemeanors, including impaired driving under G.S. 20-138.1, all 2
imprisonment under this subsection shall be in a designated local confinement or treatment 3
facility. If the person being ordered to a period or periods of imprison ment is under the age of 4
18, that person must shall be committed to the Division of Prisons of the Department of Adult 5
Correction and shall be imprisoned in a detention facility approved by the Division of Juvenile 6
Justice to provide secure confinement and care for juveniles or to a holdover facility as defined 7
in G.S. 7B-1501(11). operated by the Division of Prisons. Personnel of the Division of Juvenile 8
Justice of the Department of Public Safety, or personnel approved by the Division of Juvenile 9
Justice, shall transport the person to the facility operated by the Division of Prisons if the person 10
is in custody of the Division of Juvenile Justice at the time of commitment. If the person being 11
ordered to a period or periods of imprisonment reaches the age of 18 years while imprisoned, the 12
person may be transported by personnel of the Division of Juvenile Justice, Prisons, or personnel 13
approved by the Division of Juvenile Justice, Prisons, to the custody of the sheriff of th e 14
applicable local confinement facility. In addition to any other conditions of probation which the 15
court may impose, the court shall impose, when imposing a period or periods of imprisonment 16
as a condition of special probation, the condition that the defe ndant obey the Rules and 17
Regulations of the Division of Prisons of the Department of Adult Correction and, if applicable, 18
the Division of Juvenile Justice of the Department of Public Safety, governing conduct of 19
inmates, and this condition shall apply to t he defendant whether or not the court imposes it as a 20
part of the written order. Except for probationary sentences for misdemeanors, including 21
impaired driving under G.S. 20-138.1, if imprisonment is for continuous periods, the 22
confinement may be in the custody of either the Division of Community Supervision and Reentry 23
of the Department of Adult Correction or a local confinement facility. Noncontinuous periods of 24
imprisonment under special probation may only be served in a designated local confinement or 25
treatment facility. If the person being ordered continuous or noncontinuous periods of 26
imprisonment is under the age of 18, that person must shall be committed to the Division of 27
Prisons and shall be imprisoned in a detention facility approved by the Division of Juvenile 28
Justice to provide secure confinement and care for juveniles or to a holdover facility as defined 29
in G.S. 7B-1501(11). operated by the Division of Prisons. Personnel of the Division of Juvenile 30
Justice, or personnel approved by the Div ision of Juvenile Justice, shall transport the person to 31
the facility operated by the Division of Prisons if the person is in custody of the Division of 32
Juvenile Justice at the time of commitment. If the person being ordered to a period or periods of 33
imprisonment reaches the age of 18 years while imprisoned, the person may be transported by 34
personnel of the Division of Juvenile Justice, Prisons, or personnel approved by the Juvenile 35
Justice Division, Division of Prisons, to the custody of the sheriff of the applicable local 36
confinement facility. Except for probationary sentences of impaired driving under G.S. 20-138.1, 37
the total of all periods of confinement imposed as an incident of special probation, but not 38
including an activated suspended sentence, may not exceed one-fourth the maximum sentence of 39
imprisonment imposed for the offense, and no confinement other than an activated suspended 40
sentence may be required beyond two years of conviction. For probationary sentences for 41
impaired driving under G.S. 20-138.1, the total of all periods of confinement imposed as an 42
incident of special probation, but not including an activated suspended sentence, shall not exceed 43
one-fourth the maximum penalty allowed by law. In imposing a sentence of special probation, 44
the judge may credit any time spent committed or confined, as a result of the charge, to either the 45
suspended sentence or to the imprisonment required for special probation. The original period of 46
probation, including the period of imprisonment required for spe cial probation, shall be as 47
specified in G.S. 15A-1343.2(d), but may not exceed a maximum of five years, except as 48
provided by G.S. 15A-1342(a). The court may revoke, modify, or terminate special probation as 49
otherwise provided for probationary sentences." 50
SECTION 8.(j) G.S. 15A-1352 reads as rewritten: 51
General Assembly Of North Carolina Session 2025
House Bill 483-Second Edition Page 15
"§ 15A-1352. Commitment to Division of Prisons of the Department of Adult Correction 1
or local confinement facility. 2
(a) Except as provided in subsection (f) of this section, a person sentenced to 3
imprisonment for a misdemeanor under this Article or for nonpayment of a fine for conviction 4
of a misdemeanor under Article 84 of this Chapter shall be committed for the term designated by 5
the court to the Statewide Misdemeanant Confinement Program as provided in G.S. 148-32.1 or, 6
if the period is for 90 days or less, to a local confinement facility, except as provided for in 7
G.S. 148-32.1(b). 8
If a person is sentenced to imprisonment for a misdemeanor under this Article or for 9
nonpayment of a fine under Article 84 of this Chapter, the sentencing judge may make a finding 10
of fact as to whether the person would be suitable for placement in a county satellite jail/work 11
release unit operated pursuant to G.S. 153A-230.3. If the sentencing judge makes a finding of 12
fact that the person would be suitable for placement in a county satellite jail/work release unit 13
and the person meets the requirements listed in G.S. 153A-230.3(a)(1), then the custodian of the 14
local confinement facility may transfer the misdemeanant to a county s atellite jail/work release 15
unit. 16
If the person sentenced to imprisonment is under the age of 18, the person must shall be 17
committed to a detention facility approved by the Division of Juvenile Justice to provide secure 18
confinement and care for juveniles. the custody of the Division of Prisons of the Department of 19
Adult Correction and shall be confined in a facility operated by the Division of Prisons. Personnel 20
of the Division of Juvenile Justice or personnel approved by the Division of Juvenile Justice shall 21
transport the person to the detention facility. facility operated by the Division of Prisons, if the 22
person is in the custody of the Division of J uvenile Justice at the time of commitment. If the 23
person sentenced to imprisonment reaches the age of 18 years while imprisoned, the person may 24
be transported by personnel of the Juvenile Justice Division, Division of Prisons, or personnel 25
approved by the Juvenile Justice Division, Division of Prisons, to the custody of the sheriff of 26
the applicable local confinement facility. 27
… 28
(f) A person sentenced to imprisonment of any duration for impaired driving under 29
G.S. 20-138.1, other than imprisonment required as a condition of special probation under 30
G.S. 15A-1351(a) or G.S. 15A-1344(e), shall be committed to the Statewide Misdemeanant 31
Confinement Program established under G.S. 148-32.1. 32
If the person sentenced to imprisonment is under the age of 18, the person must shall be 33
committed to a detention facility approved by the Division of Juvenile Justice to provide secure 34
confinement and care for juveniles. the custody of the Division of Prisons of the Department of 35
Adult Correction and shall be confined in a facility operated by the Division of Prisons. Personnel 36
of the Division of Juvenile Justice or personnel approved by the Division of Juvenile Justice shall 37
transport the person to the detention facility. facility operated by the Division of Prisons, if the 38
person is in the custody of the Division of Juvenile Justice at the time of commitment. If the 39
person sentenced to imprisonment reaches the age of 18 years while imprisoned, the person may 40
be transported by personnel of the Division of Juvenile Justice, Prisons, or personnel approved 41
by the Division of Juvenile Justice, Prisons, to the custody of the sheriff of the applicable local 42
confinement facility. 43
…." 44
SECTION 8.(k) G.S. 148-13 reads as rewritten: 45
"§ 148-13. Regulations as to custody grades, privileges, gain time credit, etc. 46
… 47
(a1) The Secretary of the Department of Adult Correction shall adopt rules to specify the 48
rates at, and circumstances under, which earned time authorized by G.S. 15A-1340.13(d) and 49
G.S. 15A-1340.20(d) may be earned or f orfeited by persons serving activated sentences of 50
imprisonment for felony or misdemeanor convictions. Such rules shall include any person 51
General Assembly Of North Carolina Session 2025
Page 16 House Bill 483-Second Edition
serving an activated sentence of imprisonment who is confined in a detention facility approved 1
by the Division of Juvenile Justice of the Department of Public Safety. 2
… 3
(e) The Secretary's regulations concerning earned time and good time credits authorized 4
by this section shall be distributed to and followed by local jail administrators and by personnel 5
of the Division of Juvenile Justice or personnel approved by the Division of Juvenile Justice with 6
regard to sentenced jail prisoners, including prisoners housed in a detention facility approved by 7
the Division of Juvenile Justice.prisoners. 8
…." 9
SECTION 8.(l) G.S. 148-32.1(e) reads as rewritten: 10
"(e) Upon entry of a prisoner serving a sentence of imprisonment for impaired driving 11
under G.S. 20-138.1 into a local confinement facility or to a detention facility approved by the 12
Division of Juvenile Justice of the Department o f Public Safety a person under the age of 18 13
confined in a facility operated by the Division of Prisons of the Department of Adult Correction 14
pursuant to this section, the custodian of the local confinement facility or detention facility 15
operated by the Division of Prisons shall forward to the Post -Release Supervision and Parole 16
Commission information pertaining to the prisoner so as to make him eligible for parole 17
consideration pursuant to G.S. 15A-1371. Such information shall include dat e of incarceration, 18
jail credit, and such other information as may be required by the Post -Release Supervision and 19
Parole Commission. The Post-Release Supervision and Parole Commission shall approve a form 20
upon which the custodian shall furnish this inform ation, which form will be provided to the 21
custodian by the Division of Prisons." 22
SECTION 8.(m) G.S. 20-179(k5)(5) reads as rewritten: 23
"(5) Submit to a period or periods of confinement in a local confinement facility 24
for a total of no more than six days pe r month during any three separate 25
months during the period of probation. The six days per month confinement 26
provided for in this subdivision may only be imposed as two-day or three-day 27
consecutive periods. When a defendant is on probation for multiple 28
judgments, confinement periods imposed under this subdivision shall run 29
concurrently and may total no more than six days per month. If the person 30
being ordered to a period or periods of confinement is under the age of 18, 31
that person must shall be confined in a detention facility approved by the 32
Division of Juvenile Justice of the Department of Public Safety to provide 33
secure confinement and care for juveniles or to a holdover facility as defined 34
in G.S. 7B-1501(11). operated by the Division of Prisons of the D epartment 35
of Adult Correction. If the person being ordered to a period or periods of 36
confinement reaches the age of 18 years while in confinement, the person may 37
be transported by personnel of the Division of Juvenile Justice, Prisons, or 38
personnel approved by the Division of Juvenile Justice, Prisons, to the custody 39
of the sheriff of the applicable local confinement facility." 40
SECTION 8.(n) G.S. 15-6 reads as rewritten: 41
"§ 15-6. Imprisonment to be in county jail. 42
No person over the ag e of 18 shall be imprisoned except in the common jail of the county, 43
unless otherwise provided by law: Provided, that whenever the sheriff of any county shall be 44
imprisoned, he may be imprisoned in the jail of any adjoining county. If the person being 45
imprisoned is under the age of 18, that person shall be imprisoned in a detention facility approved 46
by the Division of Juvenile Justice to provide secure confinement and care for juveniles, or to a 47
holdover facility as defined in G.S. 7B-1501(11).committed to the custody of the Division of 48
Prisons of the Department of Adult Correction and shall be confined in a facility operated by the 49
Division of Prisons." 50
51
General Assembly Of North Carolina Session 2025
House Bill 483-Second Edition Page 17
PART IX. SAVINGS CLAUSE AND EFFECTIVE DATE 1
SECTION 9.(a) Prosecutions for offenses committed before the effective date of 2
this act are not abated or affected by this act, and the statutes that would be applicable but for 3
this act remain applicable to those prosecutions. 4
SECTION 9.(b) Parts I through VII of this act become effective December 1, 2025, 5
and apply to offenses committed on or after that date. Part VIII of this act becomes effective 6
December 1, 2025, and applies to offenses committed, sentences imposed, and any other orders 7
of imprisonment issued on or after that date. The remainder of this act is effective when it 8
becomes law. 9