AN ACT TO EXPAND THE USE OF CONTINUOUS ALCOHOL MONITORING SYSTEMS IN PUNISHMENTS IMPOSED FOR CERTAIN IMPAIRED DRIVING CONVICTIONS AND TO PROVIDE FOR THE PAYMENT OF AN ADMINISTRATIVE FEE AND COSTS ASSOCIATED WITH A CONTINUOUS ALCOHOL MONITORING SYSTEM AND TO CREATE A CONTINUOUS ALCOHOL MONITORING SYSTEM FUND TO ASSIST INDIGENT DEFENDANTS.
Amends GS 20-179 (Sentencing hearing after conviction for impaired driving; determination of grossly aggravating and aggravating and mitigating factors; punishments). Amends the provisions of subsection (g), describing Level One Punishment, and subsection (h), describing Level Two Punishment. Currently both levels provide for suspension of a term of imprisonment, subject to one of two alternate conditions for special probation: one of imprisonment for a specified reduced term, and the other of abstinence from consuming alcohol, as proved by a continuous alcohol monitoring system. Currently, the abstinence and monitoring special probation condition under Level One Punishment additionally requires a period of at least 10 days' imprisonment. Amends the abstinence from consumption and monitoring condition under Level One Punishment to require abstinence and monitoring for at least 120 days (was, 60 days), with no required imprisonment. Authorizes crediting up to 120 (was, 60) days of pretrial abstinence and monitoring toward the abstinence and monitoring requirement for Level One Punishment special probation. Amends the imprisonment condition of Level Two Punishment special probation to increase the minimum term of imprisonment from seven to fourteen days. Authorizes crediting of up to 90 (was, 60) days of pretrial abstinence and monitoring toward the Level Two Punishment abstinence and monitoring special probation condition. Amends both Level One and Level Two Punishments to provide that if the judge orders a term of imprisonment as a condition of probation, and orders the imprisonment to be served as an inpatient, the judge must impose an additional consumption abstinence and monitoring condition of special probation for at least 60 days under Level One Punishment, and for at least 30 days under Level Two punishment. Authorizes a judge to impose abstinence and monitoring as a condition for the period of a defendant's entire probation (was, for a period between 30 days and the defendant's entire probation). Authorizes a court to order the Division of Adult Correction and Juvenile Justice to pay the costs of a continuous alcohol monitoring system when the court finds that a defendant should not be required to pay the costs of the system. Amends the conditions that must be satisfied for a defendant to be placed on unsupervised probation to clarify that the defendant must additionally complete any recommended abstinence and monitoring period.
Enacts new GS 20-179.5 (Continuous alcohol monitoring; administrative fee and costs for monitoring; Continuous Alcohol Monitoring Fund). Provides that costs incurred to comply with continuous alcohol monitoring requirements imposed by a court are to be paid by the monitored person. Specifies an administrative fee of between $20 and $30 to be paid at the time of receipt of the monitoring equipment. Requires the vendor of a monitoring system to remit fees under this statute to the Division of Adult Correction and Juvenile Justice on a quarterly basis. Directs the Division of Adult Correction and Juvenile Justice to use half of the fees to pay costs incurred in ensuring compliance with court-imposed monitoring requirements, and to place the other half in the Continuous Alcohol Monitoring Fund. Creates the Continuous Alcohol Monitoring Fund, to be used to provide access to monitoring as a sentence option for indigent persons, subject to a court order that the Division of Adult Correction and Juvenile Justice should pay the cost of continuous alcohol monitoring for such a person.
Effective December 1, 2019, and applicable to offenses committed on or after that date.
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