AN ACT TO PROVIDE FOR REVIEW OF A DEFENDANT'S PARTICIPATION IN A COURT-ORDERED ABUSER TREATMENT PROGRAM, AS RECOMMENDED BY THE JOINT LEGISLATIVE COMMITTEE ON DOMESTIC VIOLENCE, AND TO EXPAND THE TYPES OF OFFENSES REPORTED BY THE CLERK. Summarized in Daily Bulletin 2/23/11, 6/7/11, and 6/5/12. Enacted June 20, 2012. Effective December 1, 2012.
Bill Summaries: H176 (2011-2012 Session)
Summary date: Jun 21 2012 - View summary
Summary date: Jun 5 2012 - View summary
Senate committee substitute makes the following changes to 2nd edition. Makes technical changes to GS 15A-1382.1(a) and conforming changes to subsection (c). Changes the effective date to December 1, 2012 (was, December 1, 2011).
Summary date: Jun 7 2011 - View summary
House committee substitute makes the following changes to 1st edition. Amends GS 15A-1343(b) to include language providing that if a defendant placed on unsupervised probation is subject to the condition contained in subdivision (12) of the subsection, the court must schedule a compliance review hearing within 60 days of judgment and every 60 days thereafter until the defendant completes the abuser treatment program.
Rewrites GS 15A-1382.1 to provide that if a court finds that a defendant is guilty of an offense, including domestic violence, the presiding judge must determine whether the defendant and victim had a personal relationship (previously limited to offenses involving assault or communicating a threat). Removes provision directing a presiding judge to determine whether a defendant must comply with one or more of the special conditions of probation set forth in GS 15A-1343(b1), in addition to any other authorized punishments, when a presiding judge determines there was a personal relationship between the defendant and victim, and a sentence to community punishment is imposed. Makes other conforming and clarifying changes. Makes conforming change to the title.
Summary date: Feb 23 2011 - View summary
Amends GS 15A-1343(b)(12) (concerning regular conditions of probation) to require a defendant attending an abuser treatment program to abide by all program rules. Directs the probation officer to forward a copy of the probation judgment to the treatment program and request to be notified of any violations. Requires the court to review the defendant’s participation in the program within 30 days of a notification that the defendant violated program rules or failed to complete the program within the specified time period. Specifies requirements for notification of the case review.
Effective December 1, 2011, and applies to defendants placed on probation on or after that date.