Forms of Pretrial Release (Defendants Under 18 Years of Age and Defendants Under 18 at Time of Offense)

As amended through June 18, 2024

Pursuant to the provisions of Raise the Age, aka the Juvenile Justice reinvestment Act, effective December 1, 2019, the cut-off age for juveniles is raised from 16 to 18. For offenses committed on or after this date, if the offender is under the age of 18 on the date of offense, the case must be initiated in juvenile court. Exceptions exist for emancipated minors, 16- and 17-year-olds charged with Chapter 20 offenses, and juveniles with prior criminal convictions in district or superior court.

Amended effective October 1,2023:

Judges in both trial divisions should note well the provisions of 7B-1906 as rewritten by the Pretrial Integrity Act:

(b1) For a juvenile who was 16 years of age or older at the time the juvenile allegedly committed an offense that would be a Class A, B1, B2, C, D, E, F, or G felony if committed by an adult, further hearings to determine the need for secure custody shall be held at intervals of no more than 30 calendar days, days for a juvenile who satisfies either of the following criteria: f 1) Was 16 years of age or older at the time the juvenile allegedly committed an offense that would be a Class A, B1, B2, C, D, E, F, or G felony if committed by an adult. (2) Was 13, 14, or 15 years of age at the time the juvenile allegedly committed an offense that would be a CIass A felony if committed by on adult. Further hearings may be waived only with the consent of the juvenile, through counsel for the juvenile. Upon request of the juvenile, through counsel for the juvenile, and for good cause as determined by the court, further hearings to determine the need for secure custody may be held of intervals of 10 days."

When Offense Within the District Court Juvenile Jurisdiction

Magistrates or Clerks should contact a Juvenile Court Counselor and follow the current guidelines for housing juveniles separate from adult offenders pending further instructions.

District Court Judges shall set the conditions of nonsecure or secure custody as provided in G S 7B-1903.

When Case Has Been Transferred to Superior Court

Raise the Age juveniles between the ages of 16 and 18 generally have the same right to pretrial release as an adult once the case has been transferred to Superior Court, as provided in G.S. 15A-533 (which includes the Pretrial Integrity Act) and G.S. 15A-534.

The release order shall specify the person or persons to whom the juvenile may be released. The Judicial Official handling pretrial conditions of release may specify that, for those forms of release where a signature is required, that the signature be of the juvenile's parent or guardian.

If the juvenile is determined to be one for whom secured bail is appropriate under the statutes and under these rules, the court shall order that the juvenile be detained in a detention facility while awaiting trial, or until conditions of release are satisfied. If the person charged was a juvenile at the time of commission of the alleged offense but is over 18 years of age at the time of arrest, the adult pretrial release procedures should be followed.

Juveniles charged with Chapter 20 violations

The conditions for pretrial release will be determined in the same fashion as for adult defendants, except that where bail is required under Section V(D.), they will be housed at a juvenile detention center or other secure detention area and not in jail with adult offenders until they obtain release.