Bill Summaries: H369 (2017-2018 Session)

  • Summary date: Apr 11 2017 - View summary

    House committee substitute makes the following changes to the 1st edition. 

    Changes the act's long title.

    Modifies proposed subsection (e1) in GS 15A-1343.2, concerning the delegation to a probation officer for supervision for conditional discharge and deferred prosecution. Clarifies that, if the Section of Community Corrections imposes any of the conditions in subsection (e) of the statute (previously referred to as any of the above requirements), then it can subsequently reduce or remove those same conditions (previously, those same requirements).

    Amends proposed subsection (k5) in GS 20-179 to remove the specific subsections of the statute referenced to instead allow the Section of Community Corrections to require an offender sentenced pursuant to the statute and placed on supervised probation to do any of the nine specified requirements, unless the presiding judge funds that delegation is not appropriate.

    Provides that Sections 2, 3, 4, 6, and 7 of the act (respectively amending GS 15A-1343, GS 15A-1368.4, GS 15A-1374, GS 15A-1343.2, and GS 20-179) are effective December 1, 2017, and apply to offenses committed on or after that date (previously, the entire act had the same effective date and application provision).

  • Summary date: Mar 15 2017 - View summary

    Amends GS 15­205 to give probation officers the authority of peace officers on prison property for the purpose of protecting life and property, for transferring prisoners from place to place, and for apprehending, arresting, and returning to prison escaped prisoners. Authorizes probation officers to assist law enforcement officers in effecting arrests and preventing escapes when requested by the officer, or when such assistance is necessary in the judgment of the probation officer.

    Amends GS 15A­1343 to authorize a court to further require defendants on community and intermediate probation to submit to a curfew as determined by a probation officer, and allows for it to be monitored electronically. Requires a probationer, as a regular condition of probation, to submit at all times to warrantless and suspicionless searches by a probation officer or law enforcement officers, of the probationer's person, property, place of residence, vehicle, and personal effects. Also allows warrantless searches of the probationer's cell phone, computer, or other electronic devices, while the probationer is present for purposes reasonably related to the probation supervision.

    Amends GS 15A­1368.4(e)(10) to require persons on post­release supervision to submit to searches identical to those described above.

    Amends GS 15A­1374(b)(11) to require parolees to submit to searches identical to those described above.

    Amends GS 15A­101.1 to amend the definition of  electronic monitoring, electronically monitor and satellite­-based monitoring to include devices that are not kept on the body of the monitored person. Also deletes specifications on battery life and how often specified information is recorded. Amends GS 15A­1343.2 to further authorize the Section of Community Corrections of the Division of Adult Correction of the Department of Public Safety (Section) to require an offender sentenced to community punishment or intermediate punishment to obtain a specific sex offender assessment and follow recommended treatment, and to obtain a mental health assessment and follow recommended treatment. Authorizes the Section to require offenders placed on supervised probation for a conditional discharge or deferred prosecution to comply with the requirements listed in subsection (e), except for that in subdivision (5), and authorizes a probation officer to exercise authority delegated by the court pursuant to those requirements. Authorizes an offender to file a motion with the court to review a probation officer's actions. Makes a technical change.

    Amends GS 20­179 to authorize the Section to require an impaired driving offender placed on supervised probation to do a list of nine things, including community service, substance abuse treatment, and house arrest. Authorizes a probation officer to exercise authority delegated by the court. Directs the Department of Public Safety, Division of Adult Correction to adopt guidelines and procedures to implement this statute. Specifies requirements and procedures for confinement of a probationer under the statute.

    Effective December 1, 2017, and applies to defendants placed on probation on or after that date.