Amends GS 90-95(h)(5) as the title indicates. Provides that the sentencing judge must find that the person meets the criteria set out in either GS 90-95(h)(5)a. or new subdivision GS 90-95(h)(5)b. and enter that finding in the record before the judge may reduce the fine, impose a prison term less than the applicable term, or suspend the prison term and place the person on probation. New subdivision requires that the sentencing judge make a finding that the person (1) has no prior convictions for crimes that produced or threatened serious bodily harm, and (2) has no prior felony drug trafficking convictions. Additionally requires that the sentencing judge find by a preponderance of the evidence that the person (1) did not possess a firearm during the commission of the offense; (2) played a minimal role in the drug scheme that led to the offense; (3) carried out the offense at the direction of another; and (4) stood to receive substantially less financial gain from the offense than the person who directed the commission of the offense. Makes organizational changes. Effective December 1, 2011.
Current law (GS 90-95(h)(5)a.) permits a judge who is sentencing a person convicted of a drug trafficking offense to reduce the fine, impose a prison term less than the applicable term provided in subsection (h) or suspend the prison term and place the person on probation when the judge finds that the person has provided substantial assistance in the identification, arrest, or conviction of any accomplices, accessories, co-conspirators, or principals.