Summary
The Supreme Court of North Carolina held that a delinquent juvenile is not entitled to credit against a juvenile confinement term for time spent in secure custody before disposition. The court concluded that N.C.G.S. § 15-196.1 applies to criminal cases and that the Juvenile Code contains no comparable provision authorizing such credit. The court reversed the Court of Appeals on that issue.
Holdings
- N.C.G.S. § 15-196.1 does not apply to juvenile delinquency proceedings because it is a criminal-procedure statute and neither it nor the Juvenile Code authorizes pre-disposition time-served credit for juvenile confinement.
- A juvenile's term of confinement may not be reduced by time spent in court-ordered secure custody before disposition.
Questions Presented
- Whether N.C.G.S. § 15-196.1, which credits criminal sentences for time spent in custody, applies to juvenile delinquency proceedings.
- Whether a delinquent juvenile is entitled to reduce a juvenile confinement term by time spent in court-ordered secure custody before disposition.
Disposition
reversed
Cases Cited (7)
- In re Burrus, 275 N.C. 517, 169 S.E.2d 879 (1969), aff'd sub nom. McKeiver v. Pennsylvania, 403 U.S. 528, 91 S. Ct. 1976, 29 L. Ed. 2d 647 (1971)(followed)
- In re Walker, 282 N.C. 28, 191 S.E.2d 702 (1972)(followed)
- In re J.D.B., 363 N.C. 664, 686 S.E.2d 135 (2009)(followed)
- In re Vinson, 298 N.C. 640, 260 S.E.2d 591 (1979)(distinguished)
- State v. Jackson, 353 N.C. 495, 546 S.E.2d 570 (2001)(followed)
- State v. Scoggin, 236 N.C. 19, 72 S.E.2d 54 (1952)(followed)
- In re D.L.H., ___ N.C. App. ___, 679 S.E.2d 449 (2009)(reversed)
Cited In (0)
No citing cases on record yet.
Court Document
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