(a) Notwithstanding N.C. Gen. Stat. § 7B-2102(d) or any other law to the contrary, within 24 hours of the time a juvenile escapes from custody the Division shall release to the public the juvenile’s first name, last initial, and photograph; the name and location of the institution from which the juvenile escaped, or if the juvenile’s escape was not from an institution, the circumstances and location of the escape; and if deemed appropriate a statement, based on the juvenile’s record, of the level of concern of the Division as to the juvenile’s threat to self or to others, if the juvenile escapes from a detention facility, secure custody, or a youth development center and the juvenile has been adjudicated delinquent. The determination of the level of threat posed by a juvenile who escapes from custody shall be made by the Deputy Commissioner of Juvenile Justice or the Deputy Commissioner’s designee.

(b) When a juvenile escapes from a detention facility or secure custody, the Division may release to the public within 24 hours the juvenile’s first name, last initial, and photograph; the name and location of the institution from which the juvenile escaped, or if the juvenile’s escape was not from an institution, the circumstances and location of the escape; and a statement, based on the juvenile’s record, of the level of concern of the Division as to the juvenile’s threat to self or to others if both of the following apply:

(1) The juvenile is alleged to have committed an offense that would be a felony if committed by an adult.

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Terms Used In North Carolina General Statutes 7B-3102

  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

(2) The Division determines, based on the juvenile’s record, that the juvenile presents a danger to self or others.

(c) If a juvenile subject to subsection (a) or (b) of this section is returned to custody before the disclosure required or permitted is made, the Division shall not make the disclosure.

(d) The Division shall maintain a photograph of every juvenile in its custody.

(e) Before information is released to the public under this section, the Division shall make a reasonable effort to notify a parent, legal guardian, or custodian of the juvenile, and shall also make a reasonable effort to provide notification to the victim in accordance with N.C. Gen. Stat. § 7B-2055 (2007-458, s. 2; 2008-169, s. 1; 2011-145, s. 19.1(l); 2015-41, s. 1; 2019-216, s. 14.)