Bill Summaries: H625 (2021)

  • Summary date: Apr 20 2021 - View summary

    Amends Article 83 of Chapter 15A of the General Statutes (Imprisonment) by adding section GS 15A-1357 to do the following:
    (1) Authorize filing motions for appropriate relief to reduce an imposed sentence by those serving a term under GS 20-179 (Sentencing hearing after conviction for impaired driving; determination of grossly aggravating and aggravating and mitigating factors; punishments, or Article 81B (Structured Sentencing of Persons Convicted of Crimes) or 82 (Probation) of GS Chapter 15A;
    (2) Direct the court to reduce an individual’s sentence on a motion for appropriate relief if (i) the individual was sentenced following a DUI conviction or is serving probation or a structured sentence and has served at least five years in prison and (ii) the individual is no longer a danger and the interests of justice warrant a sentence modification;
    (3) Outline several factors the court should consider in determining if an individual is a danger and if the interest of justice require sentence modification, including age of the individual at time of offense, good behavior, completion of behavioral health treatment, recommendation or report from the prosecuting district attorney, statements by victims, family and community circumstances of the individual at time of offense, etc.;
    (4) Require a hearing on a motion to reduce a sentence; and
    (5) Direct the court to resentence individuals whose sentence is reduced by a successful motion for appropriate relief.
    Effective December 1, 2021 and applies to motions filed on or after that date.