North Carolina § 7B-1905 - Place of secure or nonsecure custody.

§ 7B-1905. Place of secure or nonsecure custody.

A juvenile meeting the criteria set out in G.S. 7B-1903(a), may be placed in nonsecure custody with a department of social services or a person designated in the order for temporary residential placement in: A licensed foster home or a home otherwise authorized by law to provide such care; A facility operated by a department of social services; or Any other home or facility approved by the court and designated in the order. Pursuant to G.S. 7B-1903(b), (c), or (d), a juvenile may be temporarily detained in an approved detention facility. It shall be unlawful for a sheriff or any unit of government to operate a juvenile detention facility unless the facility meets the standards and rules adopted by the Department of Public Safety and has been approved by the Juvenile Justice Section of the Division for operation as a juvenile detention facility. A juvenile who has allegedly committed an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult may be detained in secure custody in a holdover facility up to 72 hours, if the court, based on information provided by the juvenile court counselor, determines that no acceptable alternative placement is available and the protection of the public requires the juvenile be housed in a holdover facility. If, pursuant to the criteria in G.S. 7B-1903(b), secure custody is ordered for any person 18 years of age or older who falls within the jurisdiction of the court, pursuant to G.S. 7B-1601(d) or G.S. 7B-1601(d1), the person may be temporarily detained in the county jail where the charges arose. In placing a juvenile in nonsecure custody, the court shall first consider whether a relative of the juvenile is willing and able to provide proper care and supervision of the juvenile. If the court finds that the relative is willing and able to provide proper care and supervision, the court shall order placement of the juvenile with the relative unless the court finds that placement with the relative would be contrary to the best interest of the juvenile. Placement of a juvenile outside of this State shall be in accordance with the Interstate Compact on the Placement of Children set forth in Article 38 of this Chapter. History (1979, c. 815, s. 1; 1983, c. 639, ss. 1, 2; 1997-390, s. 4; 1997-443, s. 11A.118(a); 1998-202, s. 6; 1998-229, s. 3; 1999-423, s. 14; 2001-490, s. 2.15; 2012-172, s. 4; 2019-186, s. 6.) Editor's Note. - Session Laws 2019-186, s. 12, made the amendment of this section by Session Laws 2019-186, s. 6, effective December 1, 2019, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2012-172, s. 4, effective January 1, 2013, substituted "Department of Public Safety" for "Department of Health and Human Services" at the end of subsection (b). Session Laws 2019-186, s. 6, rewrote subsection (b), which formerly read: "Pursuant to G.S. 7B-1903(b), (c), or (d), a juvenile may be temporarily detained in an approved detention facility which shall be separate from any jail, lockup, prison, or other adult penal institution, except as provided in subsection (c) of this section. It shall be unlawful for a county or any unit of government to operate a juvenile detention facility unless the facility meets the standards and rules adopted by the Department of Public Safety"; and added subsection (d). For effective date and applicability, see editor's note. Legal Periodicals. - For survey of 1979 family law, see 58 N.C.L. Rev. 1471 (1980).