House committee substitute makes the following changes to 2nd edition.
Section 1 adds new amendment to GS 15A-534(a) authorizing a judicial official to require abstaining from alcohol consumption as verified by the use of an approved continuous alcohol monitoring system as a condition of pretrial release, and requiring the monitoring provider report a violation of this condition to the district attorney.
Section 2 (previously Section 1) adds to the amendment to GS 15A-534.1(a)(2)e the requirement that the monitoring provider report to the district attorney violations of a condition that a defendant abstain from alcohol as verified by an approved continuous alcohol monitoring system (previously did not require reporting violations to the district attorney).
Section 3 (was Section 2) through Section 6 (was Section 5) identical to 2nd edition except sections are renumbered.
Section 7 adds new subsection (b) to GS 15A-1343.3 requiring fees or costs paid by an offender to comply with continuous alcohol monitoring be paid directly to the monitoring provider, and prohibits provider from terminating the monitoring for nonpayment of fees unless authorized by the court.
Section 8 (was Section 6) identical to 2nd edition.
Section 9 (was Section 7) clarifies amendment to GS 20-28(a) to authorize the court to order the offender to abstain from alcohol consumption as verified by an approved continuous alcohol monitoring system for a minimum period of 90 days as a condition of probation if the offender’s license was originally revoked for an impaired driving revocation.
Section 10 (was Section 8) revises amendment to GS 20-179(g) authorizing a judge to reduce the minimum term of imprisonment for Level One punishment to a term of not less than 10 days if abstaining from alcohol consumption as verified by a continuous alcohol monitoring system approved by the Department of Correction for at least 120 days is imposed as a condition of special probation. Monitoring on an approved system during pre-trial release may be credited (up to 60 days) against the 120-day probation monitoring requirement. Also changes amendment of GS 20-179(h) clarifying that abstention from alcohol for which a term of imprisonment may be suspended applies when abstention is imposed (previously did not require abstention to be imposed). Also changes amendment of GS 20-179(k3) clarifying that probation officers may require defendants to submit to continuous alcohol monitoring pursuant to a sentencing order (was, pursuant to a judge’s authorization).
Section 11 (was Section 9) clarifies amendment to GS 50-13.2 to add requirement that custody orders imposing condition of abstaining from alcohol and submitting to an approved continuous alcohol monitoring system must also order the monitoring provider to report any violations of this requirement to the court and each party to the action.
Section 12 (was Section 10) identical to 2nd edition. Makes conforming changes to bill title.