Senate committee substitute makes the following changes to 6th edition. Amends the definitions for the terms community punishment (GS 15A-1340.11(2)) and intermediate punishment (GS 15A-1340.11(6)).
Amends GS 15A-1368(a)(5) to provide that when a prisoner is serving consecutive prison terms, the maximum imposed term is the sum of all maximum terms imposed in the court judgment or judgments, less 12 (was, nine) months for each of the second and subsequent sentences imposed for Class B through Class E felonies and less nine months for each of the second and subsequent sentences imposed for Class F through Class I felonies. Makes conforming changes to GS 15A-1354(b)(1). Effective December 1, 2011 and applies to offenses committed on or after that date.
Amends proposed subsection GS 15A-1344(d2) to clarify that the court may impose a 90-day period of confinement for a defendant under supervision for a felony conviction or a period of confinement of up to 90 days for a defendant under supervision for a misdemeanor conviction when a defendant violates a condition of probation other than GS 15A-1343(b)(1) or GS 15A-1343(b)(3a).
Provides that if the sentence or sentences imposed for a misdemeanor requires confinement for more than 180 days, the commitment must be to the custody of the Department of Correction. Makes a conforming change.
Effective July 1, 2011, provides the following: (1) if House Bill 200, 2011 Regular Session, (HB 200) becomes law, then that act is amended by deleting subsection (a) of Section 31.26 of that act; (2) if HB 200 becomes law, then Section 31.26 of that act is amended by adding a new subsection to read: 'Section 31.26(g) This section becomes effective August 1, 2011;' (3) if HB 200 becomes law, then that act is amended by adding a new subsection (d1) to GS 15A-932 regarding certain dismissed proceedings; and (4) if HB 200 becomes law then Section 31.26 of that act is amended by adding a new subsection which amends GS 7A-321(d) by adding a new subdivision (3) to provide that the collection assistance fee retained by the court cannot be retained from the costs and fees designated by law for remission to the Statewide Misdemeanant Confinement Fund.