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Legislative Changes to Required Mental Health Assessments Before Entering a Delinquency Disposition: New Provisions of G.S. 7B-2502

This is the third in a series of blogs about the changes contained in Session Law 2021-123. It summarizes the new requirement for court ordered mental health assessments, including a new care review team process.  (see Raise the Age Legislative Changes  and From 6 to 10: New Minimum Age for Juvenile Delinquency and Undisciplined Jurisdiction for previous blogs about the other provisions in S.L. 2021-123).

A steady stream of appellate caselaw,  beginning with  In re E.M., 263 N.C.App. 476 (2019), established that  G.S.7B-2502(c) requires the trial court to refer a juvenile who is adjudicated delinquent to the local management entity (LME) prior to ordering a disposition when there is any amount of evidence that the juvenile has a mental illness. The purpose of the referral is for the LME to conduct an interdisciplinary evaluation and mobilize resources. Beginning with petitions filed on December 1, 2021, this statutory mandate is changing. The court will be required to order mental health assessments under different circumstances and, in some cases, to order a care review team after the assessment is completed.

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News Roundup

Last September, Henderson County Sheriff’s Deputy Ryan Hendrix was killed in the line of duty after being shot while responding to the scene of a car break-in that had escalated to a gun fight.  Earlier this year, the Henderson County Law Enforcement Center was renamed in his honor as the Deputy Ryan P. Hendrix Law Enforcement Center.  WLOS reports that during a ceremony at a Henderson County Commissioner’s meeting on Wednesday, the county presented Hendrix’s parents with his service weapon, an American flag that flew during his funeral, and the Fraternal Order of Police Supreme Sacrifice Medal of Honor.  Keep reading for more news.

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News Roundup

As USA Today reports, the defense rested this week in the trial of Kyle Rittenhouse, a teenager from Antioch, Illinois who fatally shot two people and seriously injured a third while acting as a vigilante property guard in Kenosha, Wisconsin, during intense protests following the police shooting of Jacob Blake last summer.  Rittenhouse, who has testified and asserted self-defense, faces various charges, including first-degree intentional homicide, the most serious homicide offense in Wisconsin.  Keep reading for more on this story and other news.

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News Roundup

WLOS reports that the Buncombe County Farm Bureau is offering a $5,000 reward for information related to four barn fires in the county that may have been intentionally set.  Fires broke out at four barn structures in the western part of the county on Wednesday morning.  One of the barns was 80 years old.  Keep reading for more news.

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Raise the Age Legislative Changes

Parts I – IV of Session Law 2021-123 make changes to the statutory structure that raised the age of juvenile jurisdiction to include most offenses committed at ages 16 and 17. The most significant changes relate to new prosecutorial discretion to decline to transfer cases in which the most serious charge is a Class D – Class G felony and the ability to extend the length of jurisdiction when a juvenile is committed to a Youth Development Center (YDC) for a Class A – Class E felony committed at age 16 or 17. The raise the age changes in S.L. 2021-123 are detailed below.

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News Roundup

As the Atlanta Journal-Constitution reports, jury selection began this week in the joint trial of three men charged with murdering Ahmaud Arbery in Georgia in February of last year.  The report says that jury selection is proceeding slowly because many jurors have said that they believe the defendants are guilty after seeing cellphone video of the incident that was widely publicized after the killing.  Keep reading for more on this story and other news.

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