Enacts new GS 15A-522, authorizing a sheriff with control and custody over specified defendants to place a defendant on medical house arrest with electronic monitoring, provided four criteria are met, including that the defendant is charged with a nonviolent Class 1 felony or lessor offense. Specifies that the defendant will return to the local jail or other local detention facility, unless otherwise ordered by the court, after completing the major medical treatment. Makes a conforming change to GS 15A-521(b), which details required provisions in the order of commitment.
Enacts new GS 15A-1352.1, authorizing a sheriff with control and custody over persons in a local confinement facility to place a person on medical house arrest with electronic monitoring, provided five criteria are met. Specifies that the person must return to the local confinement facility after completing major medical treatment, unless otherwise ordered by the court. Makes a conforming change to GS 15A-1353, requiring the order of commitment or a separate order to include a provision authorizing the sheriff to place the person on medical house arrest.
Amends GS 15A-1369, adding a definition for requires ongoing major medical treatment and clarifying the definition for medical release. Makes conforming changes to GS 15A-1369.2, clarifying the circumstances under which an inmate is eligible for medical release.
Amends GS 15A-1369.3, requiring the Department of Correction to include in the referral to the Post-Release Supervision and Parole Commission (Commission) an analysis of the treatment and a description of the equipment, services, and procedures required in the treatment if the release is for required ongoing major medical treatment. Makes a conforming change to require the Commission to determine within 20 days of receiving the referral whether to grant medical release for an inmate requiring ongoing major medical treatment.
Makes a conforming change to GS 15A-1369.4(a), directing the Commission to set reasonable conditions upon an inmate’s medical release regarding, among other things, medical house arrest with electronic monitoring.
Effective December 1, 2011.