Bill Summary for H 253 (2015-2016)

Summary date: 

Apr 15 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 253 (Public) Filed Tuesday, March 17, 2015
Intro. by Faircloth, Daughtry, Boles, Hurley.

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Bill summary

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).

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