Bill Summary for H 253 (2015-2016)

Summary date: 

Jun 23 2016

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

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.

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