North Carolina § 7B-3102 - Disclosure of information about juveniles who escape.

§ 7B-3102. Disclosure of information about juveniles who escape.

Notwithstanding G.S. 7B-2102(d) or any other law to the contrary, within 24 hours of the time a juvenile escapes from custody the Division shall release to the public the juvenile's first name, last initial, and photograph; the name and location of the institution from which the juvenile escaped, or if the juvenile's escape was not from an institution, the circumstances and location of the escape; and if deemed appropriate a statement, based on the juvenile's record, of the level of concern of the Division as to the juvenile's threat to self or to others, if the juvenile escapes from a detention facility, secure custody, or a youth development center and the juvenile has been adjudicated delinquent. The determination of the level of threat posed by a juvenile who escapes from custody shall be made by the Deputy Commissioner of Juvenile Justice or the Deputy Commissioner's designee. When a juvenile escapes from a detention facility or secure custody, the Division may release to the public within 24 hours the juvenile's first name, last initial, and photograph; the name and location of the institution from which the juvenile escaped, or if the juvenile's escape was not from an institution, the circumstances and location of the escape; and a statement, based on the juvenile's record, of the level of concern of the Division as to the juvenile's threat to self or to others if both of the following apply: The juvenile is alleged to have committed an offense that would be a felony if committed by an adult. The Division determines, based on the juvenile's record, that the juvenile presents a danger to self or others. If a juvenile subject to subsection (a) or (b) of this section is returned to custody before the disclosure required or permitted is made, the Division shall not make the disclosure. The Division shall maintain a photograph of every juvenile in its custody. Before information is released to the public under this section, the Division shall make a reasonable effort to notify a parent, legal guardian, or custodian of the juvenile, and shall also make a reasonable effort to provide notification to the victim in accordance with G.S. 7B-2055. History (2007-458, s. 2; 2008-169, s. 1; 2011-145, s. 19.1( l ); 2015-41, s. 1; 2019-216, s. 14.) Editor's Note. - Session Laws 2007-458, s. 5, made this section effective October 1, 2007. Session Laws 2019-216, s. 17, made the amendment to subsection (e) by Session Laws 2019-216, s. 14, effective August 31, 2019, and applicable to offenses and acts of delinquency committed on or after that date. Effect of Amendments. - Session Laws 2008-169, s. 1, effective October 1, 2008, rewrote the section. Session Laws 2011-145, s. 19.1( l ), effective January 1, 2012, substituted "Division" for "Department" everywhere it appears. Session Laws 2015-41, s. 1, effective May 29, 2015, in subsection (a), inserted "if deemed appropriate" in the first sentence, and added the last sentence. Session Laws 2019-216, s. 14, effective August 31, 2019, added "and shall also make a reasonable effort to provide notification to the victim in accordance with G.S. 7B-2055" to the end of subsection (e). For effective date and applicability, see editor's note.