Bill Summary for H 253 (2015-2016)

Summary date: 

Mar 17 2015

Bill Information:

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.

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Bill summary

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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