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HB 0662 - Juvenile proceedings; unruly children; detention; change certain provisions

Tracking Level: Monitor
Sponsor: Oliver,Mary 83rd
Last Action: 4/20/2007 - House Withdrawn, Recommitted
House Committee: JudyNC
Assigned To:
07. Juvenile CourtsNext Bill

Staff Analysis of the Legislation

Amend Chapter 11 of Title 15.  Relating to juvenile proceedings.  This bill would change provisions relating to detention of unruly children and status offenders.  This bill removes from the definition of �unruly child�: �one who has committed a delinquent act and is in need of supervision, but not of treatment or rehabilitation�.  A child who is alleged to be unruly with not prior adjudication of unruliness shall not be held in a secure juvenile detention facility for any period of time provided, however , that a child alleged to be unruly by deserting their parent�s home without permission, shall be detained for no longer than 24 hours.  A child who alleged to be unruly, but who has prior adjudications of unruliness, may be held in a secure juvenile detention facility for up to 24 hours, excluding weekends, and legal holidays, prior to an initial court appearance and for an additional 24 hours, excluding weekends and legal holidays, following an initial court appearance.  If the court finds at a probable cause hearing that the child has violated the conditions of an existing order and that: the child has a record of or if there is evidence of willful failure to appear at a juvenile court proceeding, the child has a record of or there is evidence of violent conduct resulting in physical injury, or the child has a record of or there is evidence of leaving court ordered placement, other than secure detention without permission, the court may detain the child pending an adjudicatory hearing.  If the court finds beyond a reasonable doubt that the child committed the acts, it may proceed to conduct a dispositional hearing for the purpose of hearing evidence as to whether the child is in need of treatment.  


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