Bill Summary for H 24 (2013-2014)

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Summary date: 

Jun 4 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 24 (Public) Filed Wednesday, January 30, 2013
A BILL TO BE ENTITLED AN ACT TO AMEND THE PROCEDURES FOR PERSONS ON PROBATION WHO ARE DIRECTED TO PARTICIPATE IN AN ABUSER TREATMENT PROGRAM AND MAKE CLARIFYING CHANGES RELATING TO DOMESTIC VIOLENCE OFFENSES.
Intro. by T. Moore.

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Bill summary

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

Changes the short and long titles.

Amends GS 15A-1343(b)(12), concerning the conditions of probation, making organizational changes and setting out specified procedures for when a defendant is placed on supervised or unsupervised probation, establishing that in instances of supervised probation, (1) the probation officer must forward a copy of the judgment, including all conditions of probation, to the abuser treatment program (was included in previous edition but was not set out as a specified procedure); (2) the program must notify the probation officer if the defendant fails to participate in the program or if the defendant is discharged from the program for violating any of the program rules; and (3) the probation officer must file a violation report with the court and notify the district attorney of the noncompliance if the defendant fails to participate in the program or if the defendant is discharged from the program for violating any of the program rules. When the defendant is placed on unsupervised probation, the following procedures apply: (1) the defendant is required to notify the district attorney and the abuser treatment program of their choice of program within 10 days of the judgment if the program has not previously been selected; (2) the district attorney must forward a copy of the judgment, including all conditions of probation, to the abuser treatment program (was included in previous edition but was not set out as a specified procedure); and (3) the program must notify the district attorney if the defendant fails to participate in the program or is discharged from the program for failure to comply with the program or its rules.

Provides that Section 1 of this act becomes effective December 1, 2013, and applies to defendants placed on supervised or unsupervised probation on or after that date. The remainder of this act is effective when it becomes law.