§ 7B-1903. Criteria for secure or nonsecure custody.
§ 7B‑1903. Criteria forsecure or nonsecure custody.
(a) When a request ismade for nonsecure custody, the court shall first consider release of thejuvenile to the juvenile's parent, guardian, custodian, or other responsibleadult. An order for nonsecure custody shall be made only when there is areasonable factual basis to believe the matters alleged in the petition aretrue, and that:
(1) The juvenile is arunaway and consents to nonsecure custody; or
(2) The juvenile meetsone or more of the criteria for secure custody, but the court finds it in thebest interests of the juvenile that the juvenile be placed in a nonsecureplacement.
(b) When a request ismade for secure custody, the court may order secure custody only where thecourt finds there is a reasonable factual basis to believe that the juvenilecommitted the offense as alleged in the petition, and that one of the followingcircumstances exists:
(1) The juvenile ischarged with a felony and has demonstrated that the juvenile is a danger toproperty or persons.
(2) The juvenile hasdemonstrated that the juvenile is a danger to persons and is charged witheither (i) a misdemeanor at least one element of which is assault on a personor (ii) a misdemeanor in which the juvenile used, threatened to use, ordisplayed a firearm or other deadly weapon.
(2a) The juvenile hasdemonstrated that the juvenile is a danger to persons and is charged with aviolation of G.S. 20‑138.1 or G.S. 20‑138.3.
(3) The juvenile haswillfully failed to appear on a pending delinquency charge or on charges ofviolation of probation or post‑release supervision, providing thejuvenile was properly notified.
(4) A delinquency chargeis pending against the juvenile, and there is reasonable cause to believe thejuvenile will not appear in court.
(5) The juvenile is anabsconder from (i) any residential facility operated by the Department or anydetention facility in this State or (ii) any comparable facility in anotherstate.
(6) There is reasonablecause to believe the juvenile should be detained for the juvenile's ownprotection because the juvenile has recently suffered or attempted self‑inflictedphysical injury. In such case, the juvenile must have been refused admission byone appropriate hospital, and the period of secure custody is limited to 24hours to determine the need for inpatient hospitalization. If the juvenile isplaced in secure custody, the juvenile shall receive continuous supervision anda physician shall be notified immediately.
(7) The juvenile isalleged to be undisciplined by virtue of the juvenile's being a runaway and isinappropriate for nonsecure custody placement or refuses nonsecure custody, andthe court finds that the juvenile needs secure custody for up to 24 hours,excluding Saturdays, Sundays, and State holidays, or where circumstancesrequire, for a period not to exceed 72 hours to evaluate the juvenile's needfor medical or psychiatric treatment or to facilitate reunion with thejuvenile's parents, guardian, or custodian.
(8) The juvenile isalleged to be undisciplined and has willfully failed to appear in court afterproper notice; the juvenile shall be brought to court as soon as possible andin no event should be held more than 24 hours, excluding Saturdays, Sundays,and State holidays or where circumstances require for a period not to exceed 72hours.
(c) When a juvenile hasbeen adjudicated delinquent, the court may order secure custody pending thedispositional hearing or pending placement of the juvenile pursuant to G.S. 7B‑2506.
(d) The court may ordersecure custody for a juvenile who is alleged to have violated the conditions ofthe juvenile's probation or post‑release supervision, but only if thejuvenile is alleged to have committed acts that damage property or injurepersons.
(e) If the criteria forsecure custody as set out in subsection (b), (c), or (d) of this section aremet, the court may enter an order directing an officer or other authorizedperson to assume custody of the juvenile and to take the juvenile to the placedesignated in the order. (1979, c. 815, s. 1; 1981, c. 426, ss. 1‑4; c.526; 1983, c. 590, ss. 2‑6; 1987, c. 101; 1987 (Reg. Sess., 1988), c.1090, s. 3; 1989, c. 550; 1998‑202, s. 6; 2000‑137, s. 3; 2001‑158,s. 1; 2007‑493, s. 31.)