AN ACT TO ELIMINATE CONFINEMENT IN RESPONSE TO VIOLATION FOR MISDEMEANANTS SENTENCED UNDER STRUCTURED SENTENCING, AS RECOMMENDED BY THE NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION.
Amends GS 15A-1344(d2) to provide that defendants under supervision that were sentenced for a misdemeanor conviction pursuant to GS Chapter 15A, Article 81B, the structured sentencing guidelines, can be confined for probation violations other than those involving committing a criminal offense in any jurisdiction, or willfully avoiding supervision or by willfully making the defendant's whereabouts unknown to the probation officer for a period of confinement that is limited to the time set in GS 15A-1343(a1)(3). Further provides that the court cannot revoke probation unless a defendant has previously received at least two periods of confinement for violating probation conditions other than those noted above. Provides conditions for the two periods of confinement that are required before the above specified defendant can be confined pursuant to that provision.
Provides that defendants under supervision that were not sentenced for a misdemeanor conviction pursuant to GS Chapter 15A, Article 81B, the structured sentencing guidelines, and have violated probation conditions other than not committing a criminal offense in any jurisdiction or willfully avoiding supervision or by willfully making the defendant's whereabouts unknown to the probation officer can be confined for a period of up to 90 consecutive days.
Effective December 1, 2015, applying to persons placed on probation on or after that date.
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