JUSTICE REINVESTMENT ACT CHANGES.-AB

View NCGA Bill Details2015-2016 Session
House Bill 253 (Public) Filed Tuesday, March 17, 2015
AN ACT TO AMEND PROVISIONS OF THE JUSTICE REINVESTMENT ACT.
Intro. by Faircloth, Daughtry, Boles, Hurley.

Status: Ch. SL 2016-77 (House Action) (Jun 30 2016)

Bill History:

H 253/S.L. 2016-77

Bill Summaries:

  • Summary date: Jul 7 2016 - More information

    AN ACT TO AMEND PROVISIONS OF THE JUSTICE REINVESTMENT ACT. Enacted June 30, 2016. Sections 3, 4, and 8 through 10 are effective July 1, 2016. Sections 1, 2, and 5 through 7 are effective December 1, 2016. The remainder is effective June 30, 2016.


  • Summary date: Jun 24 2016 - More information

    Senate amendment makes the following changes to the 4th edition.

    Deletes the previous provisions in Part XI of the act and instead provides the following.

    Provides that Sections 3, 4, 8, 9, and 10 of the act become effective July 1, 2016. Provides that Sections 1, 2, 5, 6, and 7 of the act become effective December 1, 2016, and apply to offenses committed on or after that date.


  • Summary date: Jun 23 2016 - More information

    Senate committee substitute makes the following changes to the 3rd edition.

    Amends GS 15A-1343(b), which sets out regular conditions of probation, to add a new subdivision to require a defendant to submit to the taking of digitized photographs, including photographs of the probationer's face, scars, marks, and tattoos, to be included in the probationer's records. Makes conforming change to the title of Part I of the act.

    Deletes all proposed provisions in Part II of the previous edition, which included revisions to GS 15A-1343.2 (special probation rules for persons sentenced under Article 81B), and proposed subsection (k5) of GS 20-179 (delegation to probation officer).

    Deletes proposed subsection (g) of GS 15A-1368.4 (delegation to post-release supervision officer) and proposed subsection (e) of GS 15A-1374 (delegation to parole officer) from Part III of the previous edition.

    Amends GS 15A-1347, concerning appeal from revocation of probation or imposition of special probation upon violation, to provide that, if a defendant appeals an activation of a sentence as a result of a finding of a violation of probation by the district or superior court and is released pursuant to Article 26 of GS Chapter 15A (previously, did not include release pursuant to Article 26), probation supervision is to continue under the same conditions until expiration of the period of probation (previously, until the termination date of the supervision period) or disposition of the appeal, whichever comes first.

    Amends GS 15-190(a), concerning person(s) to be designated by the warden to execute a death sentence, to update terminology by replacing the language "guard or guards" with "correctional custody personnel." Makes a technical change. Replaces that same language with "correctional custody personnel" in GS 15-195 (prisoner taken to place of trial when new trial granted). Further, updates terminology by replacing "guard" with "correctional officer" in GS 148-23 (prison employees not to use intoxicants, narcotic drugs or profanity), and GS 148-46(a) (degrees of protection against violence allowed).

    Current GS 14-404, concerning the issuance or refusal, and appeal from refusal, of a permit to purchase or receive any weapon mentioned in Article 52A (Sale of Weapons in Certain Counties), excepts officers authorized by law to carry firearms if the officers identify themselves to the vendor or donor as being officers authorized by law to carry firearms and provide one of four identifications, as specified. Expands the third identification that may be provided by an officer, in addition to the requirement to identify themselves as specified under the statute, to allow for a current photographic identification card issued by a State agency that identified the individual as a law enforcement officer or a probation or parole officer certified by the State to be provided to the vendor or donor (previously, did not allow for a photographic ID card issued by a State agency that identifies the individual as a probation or parole officer certified by the State).

    Amends GS 20-187.2 (badges and service side arms of deceased or retiring members of State, city and county law-enforcement agencies; weapons of active members) by adding a new subsection to establish that, for purposes of the statute, certified probation and parole officers are to be considered members of a North Carolina State law enforcement agency.

    Amends GS 143B-1156, concerning contracts for services by the Division of Adult Correction of the Department of Public Safety, by adding a new subsection to require the Division to pay service providers the contract base award upon the initiation of services, with the remaining payments made as milestones are reaches as stated in the contract for services. Provides that, if the service provider cancels or terminates the contract prior to its conclusion, the service provider must reimburse the Division for the unearned pro-rata portion of the base award.

    Provides that Sections 3, 4, 6, 9, and 10 (previously, Sections 5, 6, and 8) of the act become effective July 1, 2016 (previously, July 1, 2015). Provides that Sections 5 and 8 become effective December 1, 2016, and apply to probation violations occurring on or after that date. Provides that the remainder of the act becomes effective December 1, 2016 (previously, December 1, 2015), and applies to persons placed on probation or post-release supervision on or after that date.


  • Summary date: Apr 16 2015 - More information

    House amendment makes the following changes to the 2nd edition:

    Amends GS 15A-1343(b)(17) concerning probation conditions, requiring the defendant to waive all rights related to extradition proceedings if taken into custody outside of this state for failing to comply with conditions imposed by the court upon a felony conviction (previously, did not include felony conviction language). Adds similar language to (c)(2) providing that when the court orders supervised probation, a person must submit a signed document to the Division of Adult Correction for filing with the clerk of superior court, stating that if the person fails to comply with the conditions and is taken into custody outside of this state, then the person waives all rights related to extradition proceedings if they were convicted of a felony.

     


  • Summary date: Apr 15 2015 - More information

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

    Amends GS 15A-1343(b) to expand the list of regular conditions to which defendants placed on unsupervised probation are not subject, to include subdivision (15), which prohibits the use, possession, or control of any illegal drug or controlled substance; (16), which requires the defendant to supply breath, urine, or blood specimen for drug or alcohol screening and testing; and (17), which requires the defendant to waive all rights related to extradition proceedings if taken into custody outside of this state. Makes technical changes to GS 15A-1343(c) to replace gender specific language with gender neutral terms and to clarify that the provisions apply to a defendant (replaces "person" with "defendant").

    Amends GS 15A-1343.2(a) to delete provision that this section applies to convictions for impaired driving under GS 20-138.1. Makes a conforming change to GS 15A-1343.2(e). Provides that unless delegation of supervision authority to a probation officer for an offender under supervised probation is determined by the presiding judge to be inappropriate, an offender may be placed on supervised probation for a conditional discharge or a deferred prosecution and required to comply with any of the conditions in GS 15A-1343.2(e) except subdivision (5), which requires an offender to submit to a period or periods of confinement in a local confinement facility for a total of no more than six days per month.

    Amends GS 20-179 to allow the Section of Community Corrections of the Division of Adult Corrections, unless the presiding judge specifically finds that delegation is not appropriate, to require an offender sentenced to specified levels of punishment for impaired drivingunder specified subsections of GS 20-179 who is placed on supervised probation to do any of the nine specified items. Includes additional provisions concerning the probation officer's authority and court review.

    Amends GS 15A-1368.4 to delegate supervisory authority to a post-release supervision officer and allow that supervision officer to impose conditions similar to the ones already imposed through delegated authority in supervised probation cases. Clarifies that the post-release supervision officer (was, probation officer) may exercise this authority. Adds the requirement that the Division adopt guidelines and procedures to implement the statute. Allows imposing a condition of community service on a supervisee who was a class F through I felon and has failed to satisfy an order for restitution, reparation, or costs imposed against the supervisee. after determining that the supervisee has the financial resources to satisfy the order.

    Moves proposed GS 15A-1374(b2) to (e) and provides that unless the Commission finds that delegation is not appropriate, the Section of Community Corrections may require a parolee to meet any of the specified conditions. Adds that parolee may request a Commission review of the action taken by the parole officer. Makes conforming and clarifying changes.

    Provides that sections 5, 6, and 8 of this act become effective July 1, 2015 (was, section 5 becomes effective July 1, 2015).


  • Summary date: Mar 17 2015 - More information

    Part I.

    Amends GS 15A-1343 to add as a regular condition of probation that a defendant must waive all rights relating to extradition proceedings if taken into custody outside of this state for failing to comply with the conditions imposed by the court. Adds the requirement that when the court orders supervised probation, a person must submit a signed document to the Division of Adult Correction for filing with the clerk of superior court, stating that (1) the person will comply with the court's conditions and (2) if the person fails to comply with the conditions and is taken into custody outside of this state, then the person waives all rights related to extradition proceedings.

    Part II.

    Amends GS 15A-1343.2 to make the statute, concerning special probation rules, also applicable to persons convicted of impaired driving under GS 20-138.1. Adds to the conditions in (e) that may be placed on an offender sentenced to community punishment, or placed on supervised probation for impaired driving, that the offender obtain (1) a specific sex offender assessment and follow all recommended treatment or (2) a mental health assessment and follow all recommended treatment.

    Adds new (e1) as follows. Provides that unless the presiding judge specifically finds in the judgment of the court that delegation is not appropriate, the Section of Community Corrections (Section) of the Division of Adult Correction of the Department of Public Safety is allowed to require an offender placed on supervised probation for a conditional discharge for a first offense for specified offenses of the Controlled Substance Act under GS 90-96, and conditional discharge for those pleading guilty to or found guilty of a Class H or I felony or a misdemeanor when specified findings are made according to GS 15A-1341(a4), or deferred prosecution for a person who has been charged with a Class H or I felony or a misdemeanor when specified findings of fact are made under GS 15A-1341(a1), to comply with the conditions of (e), except the condition requiring confinement in a local confinement facility for a specified time. If any of these requirements are imposed, then the Section may later reduce or remove those requirements. Allows the probation officer to exercise authority delegated to him or her by the court after administrative review and approval by a chief probation officer. Allows the offender to file a motion with the court to review the action taken by the probation officer and requires that the offender be given notice of the right to seek the review. Allows the Section to exercise any authority delegated to it under (e1) only after determining that the offender has failed to comply with one or more of the conditions of probation or the offender is determined to be high risk. 

    Amends (f) to add to the conditions that may be placed on an offender sentenced to intermediate punishment that the offender obtain (1) a specific sex offender assessment and follow all recommended treatment or (2) a mental health assessment and follow all recommended treatment.

    Part III. 

    Requires that the authorization to require a supervisee to meet any of nine newly specified conditions be delegated by the Post-Release Supervision and Parole Commission (Commission) to the Section (was, allowed the Commission in consultation with the Section to impose conditions it believed were reasonably necessary to ensure that the supervisee would lead a law-abiding life or assist the supervisee in doing so, without specifying the conditions). Sets out the following conditions: (1) perform up to 50 hours of community service and pay the fee for that supervision; (2) submit to a curfew requiring the offender to remain in a specified place for a specified period each day and wear a device that allows compliance to be monitored electronically; (3) submit to substance abuse assessment, monitoring, or treatment; (4) participate in an educational or vocational skills development program, including an evidence‑based program; (5) submit to satellite‑based monitoring, if the defendant is described by G.S. 14‑208.40(a)(2); (6) submit to house arrest with electronic monitoring; (7) report to the offender's probation officer on a frequency determined by the officer; (8) obtain a specific sex offender assessment and follow all recommended treatment; and (9) obtain a mental health assessment and follow all recommended treatment. Provides that if any of these requirements are imposed, then the Section may later reduce or remove those requirements. Allows the probation officer to exercise authority delegated to him or her by the Commission after administrative review and approval by a chief probation officer. Allows the offender to request the Commission review the action taken by the probation officer and requires that the offender be given notice of the right to seek the review. Allows the Section to exercise any authority delegated to it under this new (c) only after determining that the offender has failed to comply with one or more of the conditions of probation or the offender is determined to be high risk. Enacts the same provisions in new GS 15A-1374 concerning conditions of parole.

    Part IV.

    Amends GS 15A-1368.3(c) to provide that if post-release supervision is revoked and a supervisee is reimprisoned for violation of a condition, the Division of Adult Correction must award a prisoner credit against any term of reimprisonment for all time spent in custody as a result of revocation proceedings unless as a result of a violation of the conditions the supervisee is returned to prison for a three-month period. Prohibits reducing the three-month period by credit for time already served and requires any such credit to be applied toward the maximum prison term.

    Part V. 

    Repeals GS 143B-1157 and GS 143B-1158, which concern the State Community Corrections Advisory Board. 

    Enacts new GS 143-1161 creating the 13-member Justice Reinvestment Council (Council). Specifies Council membership. Sets out membership terms in order to create staggered terms. States that the Council's purpose is to (1) recommend policy enhancements to the Justice Reinvestment Act of 2011, (2) assist in the continued education of criminal justice system stakeholders, (3) support implementation of the Justice Reinvestment Act of 2011, and (4) identify new initiatives that further implementation of the Justice Reinvestment Act of 2011 and the Adult Corrections Recidivism Reduction Plan. Effective July 1, 2015.

    Part VI.

    Amends GS 143B-720 to allow the Post-Release Supervision and Parole Commission to conduct all hearings regarding violations of conditions of post-release supervision (was, hearings regarding the revocation or termination of post-release supervision) and all hearings regarding violation of conditions of parole (was, regarding revocation, termination, or suspension of parole) by video conference. Adds that a hearing office may conduct the following by video conference: (1) preliminary hearings regarding violation of conditions of post-release supervision and (2) preliminary hearings regarding violations of conditions of parole. Makes conforming changes to GS 15A-1368.6 and GS 15A-1376.

    Part VII.

    Amends GS 15-196.2 to provide that when two or more consecutive sentences are revoked because of a probation violation, credit for time served on concurrent confinements in response to violation under GS 15A-1344(d2) must be credited to only one sentence.

    Part VIII. 

    Amends GS 15A-743 to expand the categories of individuals for whom a requisition for return to the state may be sought to include persons who have broken the terms of post-release supervision. Modifies the individuals who may apply for the requisition by including the Post-Release Supervision and Parole Commission (was, the parole board) and the Director of Community Corrections.

    Part IX. 

    Effective December 1, 2015, applying to person placed on probation or post-release supervision on or after that date. 


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