Bill Summary for H 369 (2017-2018)
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View NCGA Bill Details | 2017-2018 Session |
AN ACT TO PROVIDE PROBATION OFFICERS WITH ADDITIONAL POWERS WHEN ON PRISON PROPERTY AND WHEN RENDERING ASSISTANCE TO LAW ENFORCEMENT OFFICERS AT THE OFFICERS' REQUEST; TO PROVIDE THAT PROBATIONERS MUST SUBMIT TO A CURFEW SET BY THE PROBATION OFFICER AND TO SUBMIT TO WARRANTLESS SEARCHES OF A PROBATIONER'S PERSON, PROPERTY, RESIDENCE, VEHICLE, AND CELL PHONE; TO PROVIDE THAT OFFENDERS MUST OBTAIN A SEX OFFENDER ASSESSMENT AND A MENTAL HEALTH ASSESSMENT AND FOLLOW ALL RECOMMENDATIONS; AND TO PROVIDE THAT PROBATION OFFICERS HAVE DELEGATED AUTHORITY TO REQUIRE OFFENDERS ON SUPERVISED PROBATION FOR CONDITIONAL DISCHARGE OR DEFERRED PROSECUTION, OR SENTENCED PURSUANT TO G.S. 20‑179, TO COMPLY WITH ADDITIONAL CONDITIONS OF PROBATION.Intro. by McNeill.
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Bill summary
Amends GS 15205 to give probation officers the authority of peace officers on prison property for the purpose of protecting life and property, for transferring prisoners from place to place, and for apprehending, arresting, and returning to prison escaped prisoners. Authorizes probation officers to assist law enforcement officers in effecting arrests and preventing escapes when requested by the officer, or when such assistance is necessary in the judgment of the probation officer.
Amends GS 15A1343 to authorize a court to further require defendants on community and intermediate probation to submit to a curfew as determined by a probation officer, and allows for it to be monitored electronically. Requires a probationer, as a regular condition of probation, to submit at all times to warrantless and suspicionless searches by a probation officer or law enforcement officers, of the probationer's person, property, place of residence, vehicle, and personal effects. Also allows warrantless searches of the probationer's cell phone, computer, or other electronic devices, while the probationer is present for purposes reasonably related to the probation supervision.
Amends GS 15A1368.4(e)(10) to require persons on postrelease supervision to submit to searches identical to those described above.
Amends GS 15A1374(b)(11) to require parolees to submit to searches identical to those described above.
Amends GS 15A101.1 to amend the definition of electronic monitoring, electronically monitor and satellite-based monitoring to include devices that are not kept on the body of the monitored person. Also deletes specifications on battery life and how often specified information is recorded. Amends GS 15A1343.2 to further authorize the Section of Community Corrections of the Division of Adult Correction of the Department of Public Safety (Section) to require an offender sentenced to community punishment or intermediate punishment to obtain a specific sex offender assessment and follow recommended treatment, and to obtain a mental health assessment and follow recommended treatment. Authorizes the Section to require offenders placed on supervised probation for a conditional discharge or deferred prosecution to comply with the requirements listed in subsection (e), except for that in subdivision (5), and authorizes a probation officer to exercise authority delegated by the court pursuant to those requirements. Authorizes an offender to file a motion with the court to review a probation officer's actions. Makes a technical change.
Amends GS 20179 to authorize the Section to require an impaired driving offender placed on supervised probation to do a list of nine things, including community service, substance abuse treatment, and house arrest. Authorizes a probation officer to exercise authority delegated by the court. Directs the Department of Public Safety, Division of Adult Correction to adopt guidelines and procedures to implement this statute. Specifies requirements and procedures for confinement of a probationer under the statute.
Effective December 1, 2017, and applies to defendants placed on probation on or after that date.