As we welcome 2025, residents across North Carolina will also be welcoming new laws and new changes to existing laws in the Tar Heel State. To help you get ahead in the new year, WCNC Charlotte has compiled a list of laws that will take effect on Jan. 1, 2025.
What House Bill 186 changes
HB 186 - passed in August 2023, is the "Raise the Age" law, which impacts 16- and 17-year-old suspects charged with violent crimes by allowing them to be tried as adults in North Carolina Superior Court. A prosecutor can still decline to transfer the juvenile to adult court after a probable cause hearing or indictment is issued. The following amendment to the law takes effect in January.
Starting Jan. 1, 2025, juvenile offenders will not automatically be transferred to superior court as an adult if they aren't capable of standing trial. Valid reasons include mental disorder, intellectual disability, neurological disorder, traumatic brain injury, developmental immaturity and if the offender is unable to understand the nature of the proceedings.
If a juvenile is accused of a serious crime, the court can send them to a state mental health facility for up to 60 days to determine if they can understand and participate in their trial. Before doing this, the judge must decide if an examination is needed. Once the evaluation is done, the juvenile is returned to their county, and the report is given to their attorney and the court. This report can be used in court and must be done in the least restrictive way for the juvenile's and public's safety.
The forensic report must be completed within 30 days, with possible extensions up to 120 days. The report is confidential and stops the trial process except for custody matters. The court must hold a hearing and make formal findings. If the juvenile is found incapable, they cannot be tried or sentenced until they are capable. #News #ncpol #Crime #Politics
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