CONTINUOUS ALCOHOL MONITORING LAW CHANGES.

View NCGA Bill Details2011-2012 Session
House Bill 494 (Public) Filed Monday, March 28, 2011
TO ALLOW THE USE OF CONTINUOUS ALCOHOL MONITORING SYSTEMS AS A CONDITION OF PROBATION, TO MEET REQUIREMENTS FOR THE RESTORATION OF A REVOKED DRIVERS LICENSE; TO MITIGATE PUNISHMENTS FOR IMPAIRED DRIVING OFFENSES; AND TO ENSURE COMPLIANCE WITH CHILD CUSTODY AND VISITATION ORDERS.
Intro. by M. Alexander, Guice, T. Moore, Stam.

Status: Ch. SL 2012-146 (House Action) (Jul 12 2012)
H 494/S.L. 2012-146

Bill Summaries:

  • Summary date: Jul 17 2012 - More information

    AN ACT TO ALLOW THE USE OF CONTINUOUS ALCOHOL MONITORING SYSTEMS AS A CONDITION OF PRETRIAL RELEASE, AS A CONDITION OF PROBATION, TO MITIGATE PUNISHMENTS FOR IMPAIRED DRIVING OFFENSES, AND TO ENSURE COMPLIANCE WITH CHILD CUSTODY AND VISITATION ORDERS. Summarized in Daily Bulletin 3/29/11, 5/25/11, 6/8/11, and 7/2/12. Enacted July 12, 2012. Effective December 1, 2012.


  • Summary date: Jul 2 2012 - More information

    Senate committee substitute makes the following changes to 3rd edition.
    Clarifies, in GS 15A-534(a), that the continuous alcohol monitoring system must be approved by the Division of Adult Correction in the Department of Public Safety, and makes this clarifying change throughout the act. Makes a conforming change to repeal GS 15A-534(i), which authorized the judicial official to order continuous alcohol monitoring as a condition of pretrial release for any defendant charged with a specified impaired driving offense, who also had a prior conviction for impaired driving within seven years. Deletes amendment to GS 15A-1340.11(6), which modified the definition of intermediate punishment, and instead amends GS 15A-1343(a1) to add abstaining from alcohol consumption and submitting to continuous alcohol monitoring as a permitted condition under community or intermediate punishment. Deletes proposed GS 15A-1343.4, which allowed discretionary use of continuous alcohol monitoring by drug treatment courts. Makes additional conforming and technical changes. Changes the act’s effective date to apply to offenses committed or any custody or visitation orders issued on or after December 1, 2012 (was, December 1, 2011).


  • Summary date: Jun 8 2011 - More information

    House committee substitute makes the following changes to 2nd edition.
    Section 1 adds new amendment to GS 15A-534(a) authorizing a judicial official to require abstaining from alcohol consumption as verified by the use of an approved continuous alcohol monitoring system as a condition of pretrial release, and requiring the monitoring provider report a violation of this condition to the district attorney.
    Section 2 (previously Section 1) adds to the amendment to GS 15A-534.1(a)(2)e the requirement that the monitoring provider report to the district attorney violations of a condition that a defendant abstain from alcohol as verified by an approved continuous alcohol monitoring system (previously did not require reporting violations to the district attorney).
    Section 3 (was Section 2) through Section 6 (was Section 5) identical to 2nd edition except sections are renumbered.
    Section 7 adds new subsection (b) to GS 15A-1343.3 requiring fees or costs paid by an offender to comply with continuous alcohol monitoring be paid directly to the monitoring provider, and prohibits provider from terminating the monitoring for nonpayment of fees unless authorized by the court.
    Section 8 (was Section 6) identical to 2nd edition.
    Section 9 (was Section 7) clarifies amendment to GS 20-28(a) to authorize the court to order the offender to abstain from alcohol consumption as verified by an approved continuous alcohol monitoring system for a minimum period of 90 days as a condition of probation if the offender’s license was originally revoked for an impaired driving revocation.
    Section 10 (was Section 8) revises amendment to GS 20-179(g) authorizing a judge to reduce the minimum term of imprisonment for Level One punishment to a term of not less than 10 days if abstaining from alcohol consumption as verified by a continuous alcohol monitoring system approved by the Department of Correction for at least 120 days is imposed as a condition of special probation. Monitoring on an approved system during pre-trial release may be credited (up to 60 days) against the 120-day probation monitoring requirement. Also changes amendment of GS 20-179(h) clarifying that abstention from alcohol for which a term of imprisonment may be suspended applies when abstention is imposed (previously did not require abstention to be imposed). Also changes amendment of GS 20-179(k3) clarifying that probation officers may require defendants to submit to continuous alcohol monitoring pursuant to a sentencing order (was, pursuant to a judge’s authorization).
    Section 11 (was Section 9) clarifies amendment to GS 50-13.2 to add requirement that custody orders imposing condition of abstaining from alcohol and submitting to an approved continuous alcohol monitoring system must also order the monitoring provider to report any violations of this requirement to the court and each party to the action.
    Section 12 (was Section 10) identical to 2nd edition. Makes conforming changes to bill title.


  • Summary date: May 25 2011 - More information

    House committee substitute makes the following changes to 1st edition. Makes technical changes, and makes a clarifying change to GS 20-179(h).


  • Summary date: Mar 29 2011 - More information

    Amends GS 15A-534.1(a)(2) to allow a judge to require a defendant to abstain from alcohol consumption and be subject to a continuous alcohol monitoring system as a condition of pretrial release.
    Amends GS 15A-1340.11(6) to add to the list of conditions that constitute “intermediate punishment” a requirement that an offender in a criminal case abstain from alcohol consumption and be subject to a continuous alcohol monitoring system as a regular condition of probation if alcohol dependency or chronic abuse has been identified by a substance abuse assessment.
    Deletes provision in GS 15A-1343(b) that prohibits a defendant from paying the costs associated with a substance abuse monitoring program or any other special condition of probation in lieu of, or prior to, the payments required as regular conditions of probation.
    Amends GS 15A-1343(b1) to allow a court to require as a special condition of probation that a defendant abstain from alcohol consumption and submit to continuous alcohol monitoring when alcohol dependency or chronic abuse has been identified by a substance abuse assessment.
    Amends GS 15A-1343.2(f) to allow the Division of Community Corrections in the Department of Correction to require an offender sentenced to intermediate punishment to submit to substance abuse treatment through a continuous alcohol monitoring program when abstinence from alcohol consumption has been specified as a term of probation.
    Adds new GS 15A-1343.4 to allow judges, in their discretion, to require offenders to abstain from the use of alcohol and to submit to continuous alcohol monitoring systems as a condition of pretrial release or probation in a matter before a Drug Treatment Program Court.
    Amends GS 20-28(a) to allow a judge to order an offender who is subject to a license revocation due to an impaired driving offense to abstain from alcohol consumption and submit to continuous alcohol monitoring for a minimum period of 90 days instead of incarceration.
    Amends GS 20-179(g) to allow a judge to impose as a condition of special probation for a level one punishment for an impaired driving conviction that the defendant be monitored by a continuous alcohol monitoring system for a period of no less than 120 days after the defendant serves the 30-day term of imprisonment. Allows the minimum term of imprisonment to be reduced to not less than 10 days if a judge orders the defendant to submit to continuous alcohol monitoring as a condition of probation. Allows up to 60 days of pretrial monitoring to be credited against the 120-day monitoring requirement. Amends GS 20-179(h) to allow a judge to suspend a term of imprisonment for a level two punishment for an impaired driving conviction if the defendant has abstained from consuming alcohol for at least 90 consecutive days, as verified by a continuous alcohol monitoring system. Allows up to 60 days of pretrial monitoring to be credited against the 120-day monitoring requirement for probation. Adds new provisions to GS 20-179 to: (1) allow a judge to require a defendant convicted of any level of offense for impaired driving to abstain from alcohol consumption and submit to continuous alcohol monitoring as a condition of probation and (2) allow a probation officer, with a judge’s authorization, to require a defendant to submit to continuous alcohol monitoring if the defendant has been required to abstain from alcohol consumption during probation and impose the costs of monitoring on the defendant. Makes other organizational and conforming changes to GS 20-179.
    Amends GS 50-13.2 to allow a court to impose as a condition of an order for custody, including visitation, that either or both parents, or other persons seeking custody or visitation, abstain from consuming alcohol and submit to continuous alcohol monitoring.
    Effective December 1, 2011, and applies to offenses committed, sentences imposed, or any custody and visitation orders issued on or after that date.


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