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Writer's pictureTerri Johnson

Location of Secure Custody

7B-1903 and 7B-1905 authorize secure custody under specific criteria.  Assuming a juvenile meets the criteria for secure custody, where is the appropriate location for secure custody and who decides the location of secure custody?  Can a defender argue for a specific detention facility?


Under 7B-1905(b), if a juvenile meets the criteria for secure custody, a juvenile may be detained in “an approved detention facility.”   Detention facilities must meet rules and standards approved by the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice.  A list of detention facilities can be found here.  7B-1905(c) authorizes placement in a holdover facility for A-E felonies for up to 72 hours but only if the Court determines there is no acceptable alternative and protection of the public requires placement in a holdover facility.  If the person is 18 years of age or older but falls under the jurisdiction of juvenile court under 7B-1601 or 7B-1601(d), the juvenile may be detained in the county jail where the charges arose.  Counsel should note that, if a juvenile is transferred to Superior Court for trial as an adult, juveniles under the age of 18 remain in secure custody in a juvenile facility.  However, if a juvenile reaches the age of 18 following transfer, the juvenile will be transferred to the county jail where the charges arose.  See 7B-2204(c).  For additional information regarding the location of confinement following transfer see the following School of Government publication by Jacquelyn Greene.  https://www.sog.unc.edu/publications/bulletins/transfer-juvenile-delinquency-cases-superior-court.


Once a determination has been made for a juvenile to be placed in secure custody, there may be questions regarding the specific location.  Can a judge order placement at a specific detention facility?  It is not unusual for a court to direct that co-respondent juveniles in secure custody be placed in different facilities but what authority is there for a court to determine the location of detention?  N.C.G.S. 7B-1903(e) states that if the criteria for secure custody are met, “the court may enter an order directing an officer or other authorized person to assume custody of the juvenile and to take the juvenile to the place designated in the order” (emphasis added).  Additionally, N.C.G.S. 15A-521 does address the place/location of detention pending trial and states:


“(a)…If the person being committed by written order is under the age of 18, that person must be committed to a detention facility approved by the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice to provide secure confinement and care for juveniles, or to a holdover facility as defined in G.S. 7B-1501(11).  If the person being committed reaches the age of 18 years while held in custody, the person shall be transported by personnel of the Juvenile Justice Section of the Division, or personnel approved by the Juvenile Justice Section, to the custody of the sheriff of the county where the charges arose.”


Orders directing placement in detention are required to be in writing and, pursuant to G.S. 15A-521(b), those orders must state the name of the person charged; list the specific offense charge; designate the place of confinement; state any conditions of release, set first appearance, probable cause, or trial date; and state the name of the judicial official.

              

Defenders should consult with local DJJ officials regarding space availability and conditions within the detention facilities and request relocation when necessary.  If an agreement to relocate cannot be reached, defenders should consider filing motions for review of secure custody. While an argument can be made that Department of Juvenile Justice approves the specific facility and the order must then designate that facility, defenders may utilize the statutes above to argue for a different detention facility.  In the case of defenders with clients placed in juvenile detention facilities requiring longer drives, counsel may argue that the Judge’s order designates the detention facility and should designate a facility in closer proximity to the juvenile’s family and defense counsel.  It could similarly be argued that the presiding judge has the discretion to order a specific facility so long as that facility is approved for the placement of youth under the age of 18. 

              

For additional information or assistance on this or other matters, defenders are encouraged to contact the Office of the Juvenile Defender at 919-890-1650.


⬇ UPCOMING TRAININGS ⬇



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