North Carolina § 7B-2507 - Delinquency history levels.

§ 7B-2507. Delinquency history levels.

Generally. - The delinquency history level for a delinquent juvenile is determined by calculating the sum of the points assigned to each of the juvenile's prior adjudications or convictions and to the juvenile's probation status, if any, that the court finds to have been proved in accordance with this section. For the purposes of this section, a prior adjudication is an adjudication of an offense that occurs before the adjudication of the offense before the court. Points. - Points are assigned as follows: For each prior adjudication of a Class A through E felony offense, 4 points. For each prior adjudication of a Class F through I felony offense or Class A1 misdemeanor offense, 2 points. For each prior conviction of a Class A through E felony offense, 4 points. For each prior conviction of a Class F through I felony or Class A1 misdemeanor offense, excluding conviction of the motor vehicle laws, 2 points. For each prior misdemeanor conviction of impaired driving (G.S. 20-138.1), impaired driving in a commercial vehicle (G.S. 20-138.2), and misdemeanor death by vehicle (G.S. 20-141.4(a2)), 2 points. For each prior adjudication of a Class 1, 2, or 3 misdemeanor offense, 1 point. For each prior conviction of a Class 1, 2, or 3 misdemeanor offense, excluding conviction for violation of the motor vehicle laws, 1 point. If the juvenile was on probation at the time of offense, 2 points. Delinquency History Levels. - The delinquency history levels are: Low - No more than 1 point. Medium - At least 2, but not more than 3 points. High - At least 4 points. Multiple Prior Adjudications or Convictions Obtained in One Court Session. - For purposes of determining the delinquency history level, if a juvenile is adjudicated delinquent or convicted for more than one offense in a single session of district court or more than one offense in a single superior court during one calendar week, only the adjudication or conviction for the offense with the highest point total is used. Classification of Prior Adjudications or Convictions From Other Jurisdictions. - Except as otherwise provided in this subsection, an adjudication or conviction occurring in a jurisdiction other than North Carolina is classified as a Class I felony if the jurisdiction in which the offense occurred classifies the offense as a felony, or is classified as a Class 3 misdemeanor if the jurisdiction in which the offense occurred classifies the offense as a misdemeanor. If the juvenile proves by the preponderance of the evidence that an offense classified as a felony in the other jurisdiction is substantially similar to an offense that is a misdemeanor in North Carolina, the adjudication or conviction is treated as that class of misdemeanor for assigning delinquency history level points. If the State proves by the preponderance of the evidence that an offense classified as either a misdemeanor or a felony in the other jurisdiction is substantially similar to an offense in North Carolina that is classified as a Class I felony or higher, the adjudication or conviction is treated as that class of felony for assigning delinquency history level points. If the State proves by the preponderance of the evidence that an offense classified as a misdemeanor in the other jurisdiction is substantially similar to an offense classified as a Class A1 misdemeanor in North Carolina, the adjudication or conviction is treated as a Class A1 misdemeanor for assigning delinquency history level points. Proof of Prior Adjudications or Convictions. - A prior adjudication or conviction shall be proved by any of the following methods: Stipulation of the parties. An original or copy of the court record of the prior adjudication or conviction. A copy of records maintained by the Department of Public Safety or by the Division. Any other method found by the court to be reliable. No points shall be assigned for a prior adjudication that a juvenile is in direct contempt of court or indirect contempt of court. In determining the delinquency history level, the classification of a prior offense is the classification assigned to that offense at the time the juvenile committed the offense for which disposition is being ordered. The State bears the burden of proving, by a preponderance of the evidence, that a prior adjudication or conviction exists and that the juvenile before the court is the same person as the juvenile named in the prior adjudication or conviction. The original or a copy of the court records or a copy of the records maintained by the Department of Public Safety or of the Division, bearing the same name as that by which the juvenile is charged, is prima facie evidence that the juvenile named is the same person as the juvenile before the court, and that the facts set out in the record are true. For purposes of this subsection, "a copy" includes a paper writing containing a reproduction of a record maintained electronically on a computer or other data processing equipment, and a document produced by a facsimile machine. The prosecutor shall make all feasible efforts to obtain and present to the court the juvenile's full record. Evidence presented by either party at trial may be utilized to prove prior adjudications or convictions. If asked by the juvenile, the prosecutor shall furnish the juvenile's prior adjudications or convictions to the juvenile within a reasonable time sufficient to allow the juvenile to determine if the record available to the prosecutor is accurate. History (1998-202, s. 6; 2000-137, s. 3; 2007-168, s. 5; 2011-145, s. 19.1( l ); 2014-100, s. 17.1(q); 2015-58, s. 2.3; 2017-57, s. 16D.4(h); 2018-142, s. 23(b).) Editor's Note. - Session Laws 2015-58, s. 4, made the last sentence of subsection (a), as added by Session Laws 2015-58, s. 2.3, applicable to offenses committed on or after December 1, 2015. Session Laws 2017-57, s. 16D.4(tt), as amended by Session Laws 2018-142, s. 23(b), provides: "Sections 16D.4(a) through 16D.4(s) of this act become effective December 1, 2019, and apply to offenses committed on or after that date. Sections 16D.4(t) through 16D.4(x) of this act become effective October 1, 2017, and Sections 16D.4(t) through 16D.4(w) apply to all complaints filed on or after that date. Except as otherwise provided in this section, the remainder of this section is effective when it becomes law. Prosecutions or delinquency proceedings initiated for offenses committed before any particular subsection of this section becomes effective are not abated or affected by this act, and the statutes that are in effect on the dates the offenses are committed remain applicable to those prosecutions." Session Laws 2017-57, s. 16D.4(h), inserted "or convictions” in the first sentence of subsection (a); added subdivisions (b)(2a), (b)(2b), (b)(2c) and (b)(3a); in subsection (d), inserted "or Convictions” in the subsection catchline, inserted "or convicted”, inserted "or more than one offense in a single superior court during one calendar week,” in subsection (e), inserted "or Convictions” in the subsection catchline, inserted "or conviction” in the first and last sentence, and inserted "adjudication or” in the second and third sentences; and, in subsection (f), inserted "or Convictions” in the subsection catchline, inserted "or conviction” in the introductory paragraph, subdivision (f)(2), and twice in the first sentence of the ending undesignated paragraph, and inserted "or convictions” twice in the ending undesignated paragraph. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.6, is a severability clause. Effect of Amendments. - Session Laws 2011-145, s. 19.1( l ), effective January 1, 2012, substituted "Division" for "Department" in subdivision (f)(3) and in the second sentence of the last paragraph. Session Laws 2014-100, s. 17.1(q), effective July 1, 2014, substituted "the Department of Public Safety" for "the Division of Criminal Information" in subdivision (f)(3) and in the undesignated paragraph at the end of subsection (f). Session Laws 2015-58, s. 2.3, effective December 1, 2015, added the last sentence in subsection (a). For applicability, see editor's note. Session Laws 2017-57, s. 16D.4(h), inserted "or convictions" in the first sentence of subsection (a); added subdivisions (b)(2a), (b)(2b), (b)(2c) and (b)(3a); in subsection (d), inserted "or Convictions" in the subsection catchline, inserted "or convicted", inserted "or more than one offense in a single superior court during one calendar week," in subsection (e), inserted "or Convictions" in the subsection catchline, inserted "or conviction" in the first and last sentence, and inserted "adjudication or" in the second and third sentences; and, in subsection (f), inserted "or Convictions" in the subsection catchline, inserted "or conviction" in the introductory paragraph, subdivision (f)(2), and twice in the first sentence of the ending undesignated paragraph, and inserted "or convictions" twice in the ending undesignated paragraph. For effective date and applicability, see editor's note.