(a) Discretionary Transfer. - Except as otherwise provided in G.S. 7B-2200.5, after notice, hearing, and a finding of probable cause the court may, upon motion of the prosecutor or the juvenile's attorney or upon its own motion, transfer jurisdiction over a juvenile to superior court if the juvenile was at least 13 years of age but less than 16 years of age at the time the juvenile allegedly committed an offense that would be a felony, other than a Class A felony, if committed by an adult.
(b) Mandatory Transfer. - The court shall transfer the case to superior court for trial as in the case of adults if the felony the juvenile allegedly committed constitutes a Class A felony and (i) the court finds probable cause or (ii) upon notice of the return of a true bill of indictment as provided in G.S. 7B-2202.5.
(c) Remand to District Court. - In any case where jurisdiction over a juvenile has been transferred to superior court, upon joint motion of the prosecutor and the juvenile's attorney, the superior court shall remand the case to district court. The prosecutor shall provide the chief court counselor or his or her designee with a copy of the joint motion prior to submitting the motion to the court. The superior court shall expunge the superior court record in accordance with G.S. 15A-145.8 at the time of remand and, if the juvenile meets the criteria established in G.S. 7B-1903, may issue an order for secure custody upon the request of a prosecutor. The prosecutor shall provide a copy of any issued secure custody order to the chief court counselor or his or her designee, as soon as possible and no more than 24 hours after the order is issued. (1979, c. 815, s. 1; 1991 (Reg. Sess., 1992), c. 842, s. 1; 1994, Ex. Sess., c. 22, s. 25; 1998-202, s. 6; 2017-57, s. 16D.4(d); 2018-142, s. 23(b); 2023-114, s. 1(b); 2024-17, s. 2(c).)
§ 7B-2200.1: Reserved for future codification purposes.
§ 7B-2200.2: Reserved for future codification purposes.
§ 7B-2200.3: Reserved for future codification purposes.
§ 7B-2200.4: Reserved for future codification purposes.
Notes of Decisions
Cited in
21
cases (
2 in the last 5 years), 2000–2022 · leading case:
State v. Collins, 783 S.E.2d 9 (N.C. Ct. App. 2016).
State v. Collins, 783 S.E.2d 9 (N.C. Ct. App. 2016).
· cites it 12× “N.C. Gen. Stat. § 7B-2200 (2013) (emphasis supplied).”
State v. Jefferson, 798 S.E.2d 121 (N.C. Ct. App. 2017).
· cites it 6× “Pursuant to N.C. Gen. Stat. § 7B-2200, which requires the juvenile court to transfer any defendant accused of a Class A felony to superior court, the case was transferred to Rockingham County Superior Court.”
State of Iowa v. Noah Riley Crooks, 911 N.W.2d 153 (Iowa 2018).
· cites it 2× “1 to 3) (age thirteen or older to be criminally responsible for specified offenses); N.C. Gen. Stat. Ann. § 7B-2200 (West, Westlaw through 2017 Reg.”
State v. Evans, 646 S.E.2d 859 (N.C. Ct. App. 2007).
· cites it 12× “Defendant argued that N.C. Gen.Stat. § 7B-2200 was unconstitutional.”
Graham v. Florida, 176 L. Ed. 2d 825 (2010).
“55 (West 2008) North Carolina N. C. Gen. Stat. Ann. §§ 7B-2200, 15A-1340.”
State v. Brooks, 557 S.E.2d 195 (N.C. Ct. App. 2001).
· cites it 6× “N.C. Gen. Stat. § 7B-2200 (1999). Here, Brooks was fifteen at the time of the alleged offense and the juvenile court found probable cause.”
United States v. Keith Ramon Allen, Jr., 446 F.3d 522 (4th Cir. 2006).
“§§ 7A-608, 610 (1995) (current version at N.C. Gen. Stat. §§ 7B-2200, 2203 (2005)), North Carolina’s district courts possess “exclusive, original jurisdiction over any case involving a juvenile who is alleged to be delinquent,” N.”
State v. Tucker, 573 S.E.2d 197 (N.C. Ct. App. 2002).
· cites it 2× “Jurisdiction was transferred to the superior court under N.C. Gen. Stat. § 7B-2200 following findings of probable cause and a transfer hearing.”
In re J.D.B., 686 S.E.2d 135 (N.C. 2009).
“§ 7B-2200 (2007). Additionally, the Supreme Court of the United States has ruled that the Eighth Amendment forbids imposition of the death penalty on offenders under the age of eighteen when their crimes were committed.”
In re J.L.W., 525 S.E.2d 500 (N.C. Ct. App. 2000).
“See now § 7B-2200 ei seq. . Effective 1 July 1999, the juvenile court must consider eight enumerated factors pursuant to a transfer hearing and then specify the reasons for transfer if the case is transferred to superior court.”
Graham v. Florida, 560 U.S. 48 (2010).
“55 (West 2008) North Carolina N. C. Gen. Stat. Ann. §§7B-2200, 15A-1340.”
In re E.S., 663 S.E.2d 475 (N.C. Ct. App. 2008).
· cites it 2× “§ 7B-2200 (2007) provides district courts with the authority to transfer juvenile delinquency cases to superior court for the juvenile to be tried as an adult when the district court finds probable cause that the juvenile committed the alleged offense, and the juvenile was at…”
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treatment. Dots show Syfertize treatment of the citing case itself.