House committee substitute, reported in on 5/31/11, makes the following changes to 2nd edition. Amends proposed GS 15A-1343(a1)(4) to clarify the following condition as part of community or intermediate punishment: submission to a period or periods of confinement in a local confinement facility for a total of no more than six days per month during any three separate months during the period of probation; the six days per month confinement may only be imposed as two-day or three-day consecutive periods. Makes similar changes to proposed GS 15A-1343.2(e)(5) and GS 15A-1343.2(f)(6). Amends GS 15A-1343.2(e) to provide that the condition concerning periods of confinement in a local confinement facility may not be imposed unless the Division of Community Corrections (Division) determines that the offender failed to comply with one or more conditions imposed by the court. Makes similar change to GS 15A-1343.2(f).
Amends GS 14-7.26 to clarify that any felony offense of breaking and entering committed before the person is 18 years of age cannot constitute more than one felony breaking and entering. Amends proposed GS 14-7.28(a) and GS 14-7.3 to clarify that the district attorney, in his or her discretion, may charge a person with the status offense of habitual breaking and entering. Rewrites GS 14-7.1 to provide that a person may be charged as a status offender if declared to be a habitual felon.
Amends proposed GS 15A-1344(d2) to clarify that the court may not revoke probation unless the defendant has previously received a total of two 90-day periods of confinement under the subsection. Specifies that a defendant may only receive two 90-day periods of confinement under the subsection. Makes a clarifying change to GS 90-96(a), and makes other clarifying and conforming changes to GS 90-96. Amends GS 15A-145.2(c) by making a conforming change and clarifying that when a court finds, among other things, that a petitioner was convicted of a felony under GS 90-95(a)(3) and has no disqualifying previous conviction as set forth in the subsection, the court must enter an order of expunction of the petitioner's court record.
Amends proposed GS 15A-1340.18 to create a new subsection providing that a defendant released on the advanced supervised release date is subject to post-release supervision. Provides that if a defendant has been returned to prison for three, three-month periods of confinement, a subsequent violation will result in the defendant returning to prison to serve the time remaining on the maximum imposed term. Makes the defendant ineligible for further post-release supervision regardless of the amount of time remaining to be served. Deletes proposed GS 15A-1340.24.
Amends GS 15A-1352(b) to provide that a person sentenced to imprisonment for a felony under the Article must be committed for the term designated by the court to the custody of the Department of Correction (removes exceptions). Creates new subsection (b1) to GS 148-32.1, establishing the Statewide Misdemeanor Confinement Program (Confinement Program). Directs the Confinement Program to provide housing for misdemeanants from all counties serving sentences imposed for a period between 90-180 days, except those serving sentences for impaired driving. Provides additional duties for the Confinement Program. Directs the Sheriffs' Association, in consultation with the Department of Correction, to develop the Confinement Program by September 1, 2011; directs the Secretary of Commerce to contract with the Association by November 1, 2011, as detailed. Enacts new (b2) and (b3) to GS 148-32.1 to provide for instances in which the custodian of a local confinement facility may request a judicial order to transfer a misdemeanant housed pursuant to the Confinement Program to a facility operated by the Department of Correction. Makes conforming and clarifying changes to GS 15A-1352 and GS 148-32.1(b).
Amends Article 1 of GS Chapter 148 by adding new GS 148-10.4 to establish a special, nonreverting Statewide Misdemeanor Confinement Fund (Fund). Provides definitions, intent, and purpose of the Fund; details Fund uses and details operating and administrative expenses. Provides reporting requirements for the North Carolina Sheriffs' Association regarding the implementation of the Confinement Program and the Fund. Directs that, of the funds appropriated to the Department of Correction for the 2011-12 fiscal year, $300,000 is to be transferred to the North Carolina Sheriffs' Association for expenses related to implementing the Confinement Program and the Fund. Provides that provisions related to the establishment of the Confinement Program and the Fund, reporting requirements, availability of the Confinement Program, and the appropriation to the North Carolina Sheriffs' Association are effective July 1, 2011. All other provisions of this part of the act are effective January 1, 2012, and apply to sentences imposed on or after that date.
Makes other technical and clarifying changes.