Bill Summary for S 890 (2021-2022)
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AN ACT TO GIVE PROBATION OFFICERS THE AUTHORITY TO ALLOW OFFENDERS TO REPORT REMOTELY, TO ALLOW JUDGES TO DELEGATE TO PROBATION OFFICERS A LIMITED AMOUNT OF AUTHORITY TO REDUCE TERMS OF SUPERVISED PROBATION, AND TO APPROPRIATE FUNDS.Intro. by Britt, Daniel, Mohammed.
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Enacts GS 15A-1343.4 to authorize probation officers to allow offenders to report remotely to the probation officer to avoid conflicts with the offender's work schedule or class schedule, or allow an offender to report that would otherwise fail or struggle to report in person due to unreliable transportation, illness, physical disability, or emergency. Requires the probation officer to make the determination in each instance that the offender is required to report and issue a written determination to the offender, absent which the offender is to presume in-person reporting is required. Requires remote reporting to include simultaneous, real-time communication by audio and video transmission in which the offender and probation officer can see and hear each other.
Enacts GS 15A-1344.2 to authorize a court to delegate the court's authority to reduce a term of supervised probation, by written order filed with the clerk, when a probation officer finds that an offender is currently in compliance with the terms of the offender's probation and has made diligent progress regarding the offender's probation. Allows revocation at any time, which must be noticed and filed with the clerk as soon as practicable following revocation. Provides grounds and proof that constitute diligent progress regarding the offender's probation, including completion of at least six months of employment demonstrated by proof of wages. Caps reduction of the amount of time the offender was originally required to serve on supervised probation by the probation officer to one-fourth of the original amount regardless of the instances of reduction. Requires reductions by probation officers to be filed as written affidavits with the clerk. Requires the clerk to mail a copy to the offender, and provide a copy to the probation officer. Applies to delegations of court authority effected on or after December 1, 2022.
Appropriates $50,000 from the General Fund to the Department of Public Safety, Division of Adult Correction for 2022-23 for educating probation officers, judges and other stakeholder of the changes provided in the act. Effective July 1, 2022.