Bill Summaries: H642 JUSTICE REINVESTMENT ACT.

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  • Summary date: Jun 14 2011 - View Summary

    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.


  • Summary date: Jun 9 2011 - View Summary

    Senate committee substitute makes the following changes to 4th edition.
    Amends GS 164-44(a) to direct for the purposes of GS 114-19.1 (includes definition administration of criminal justice), the North Carolina Sentencing and Policy Advisory Commission is considered to be engage in the administration of criminal justice. Makes technical corrections.


  • Summary date: Jun 1 2011 - View Summary

    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.


  • Summary date: Jun 1 2011 - View Summary

    House amendments make the following changes to 3rd edition. Amendment #1 amends proposed GS 148-32.1(b2) by deleting the provision that a transfer of a misdemeanant housed under the Statewide Misdemeanor Confinement Program to a facility operated by the Department of Corrections be performed by the North Carolina Sheriffs' Association.
    Amendment #2 adds a new section to authorize the Department of Correction (DOC) to use funds received from the Statewide Misdemeanor Confinement Program (Program) to operate facilities previously identified for closure and for diagnostic staff positions in the event there is not adequate capacity in the Program such that the DOC must continue to house prisoners serving between 90-180 days pursuant to GS 148-32.1(b3).


  • Summary date: Apr 14 2011 - View Summary

    House committee substitute makes the following changes to 1st edition. Deletes Section 3.(b) from 1st edition which amended provisions of GS 14-7.3 governing the charge of habitual felon. Amendments to GS 14-7.6 provide for sentencing of a habitual felon (except where the felon has been sentenced as a Class A, B1, or B2 felon) at a felony class level that is four classes higher (was, at least one class higher and up to four classes higher) than the principal felony. Amends GS 15A-1340.17 to set the maximum sentence for Class B1 through Class E felonies with a minimum sentence of 340 months or more at the sum of the minimum term and 20% of the minimum term, rounded to the next highest month, plus 12 (was, nine). New GS 15A-1344(d2) is amended to provide that a court may not revoke probation in response to certain violations. Makes other technical changes.


  • Summary date: Apr 5 2011 - View Summary

    Amends GS 15A-1340.11(2), GS 15A-1340.11(6), and GS 15A-1343 to designate drug treatment court as an intermediate punishment and to include as additional authorized sentencing conditions special probation, confinement to a local confinement facility for a total of not more than six days per month, participation in educational and vocational skills development, and submission to satellite-based monitoring. Amends GS 15A-1343.2(e) by listing four additional types of community punishment the Division of Community Corrections in the Department of Correction may require unless the presiding judge specifically found that delegation was inappropriate. Specifies a procedure for the probation officer to exercise the delegated authority, and requires the Department to adopt guidelines and procedures to implement the requirements. Amends GS 15A-1343.2(f) by listing three additional types of intermediate punishment the Division of Community Corrections in the Department of Correction may require, unless the presiding judge specifically found that delegation was inappropriate. Specifies a procedure for the probation officer to exercise the delegated authority, and requires the Department to adopt guidelines and procedures to implement the requirements. Amends GS 15A-1343.2 by requiring the Department of Correction to use a validated instrument to assess each probationers for risk of reoffending and to place them in a supervision level. Repeals GS 15A-1343(b1)(3b) regarding a court's authority to impose as a special condition intensive supervision by rules adopted by the Division of Community Corrections. Repeals GS 15A-1340.11(3), defining a day-reporting center. Repeals GS 15A-1340.11(5), defining intensive supervision. Repeals GS 15A-1340.11(8), defining residential program. Amends 15A-1343.2(c) to set a goal that probation officer caseloads not exceed an average of 60 offenders who are at high or moderate risk of rearrest. Effective December 1, 2011.
    Amends GS 15A-1368.1 by excluding from Article 84A (post-release supervision) only those who are Class A and Class B1 sentenced to life imprisonment without parole. Amends GS 15A-1368.2 by requiring post-release supervision on the date equivalent to maximum imposed prison term less nine months, 12 months in the case of Class B1 through E felons and less nine months in the case of Class F through I felons, less any earned time awarded. Amends GS 15A-1368.4(e) by adding a new subdivision (7a) authorizing as a condition to post-release supervision that the supervisee not abscond, willfully avoid supervision, or willfully make whereabouts unknown to the probation officer. Amends GS 15A-1338.3(c) by requiring that a supervisee be returned to prison for three months for a violation except that violators of certain conditions be returned for their maximum imposed terms. Amends GS 15A-1340.17(d) by changing the maximum sentences for Class F through Class I felonies. Amends GS 15A-1340.17(e) by changing the maximum sentences for Class B1 through Class E felonies. Effective December 1, 2011.
    Enacts new Article 2D of Chapter 14 by providing for a habitual and breaking and entering status offense, defining the crime, charging requirements, and sentencing and punishment. Amends GS 14-7.3 by requiring that an indictment for habitual felony include that class felony that is being requested upon conviction and the penalties that may be imposed. Amends GS 14-7.6 by changing the sentence for habitual felon. Amends GS 15A-1343(b) by adding as an authorized condition of probation a condition not to abscond, willfully avoid supervision, or willfully make whereabouts unknown to the probation officer. Amends GS 15A-1344(a) by specifying the conditions for which probation may be revoked and imprisonment imposed. Amends GS 15A-1344 by authorizing a 90-day confinement for violation of certain probation conditions. (All of the preceding effective December 1, 2011).
    Amends GS 90-96 by making conditional discharge and probation mandatory for certain first-time felonies regarding controlled substances. (Effective January 1, 2012). Amends GS 15A-145.2 by changing the conditions for expungement of records to include possession of a controlled substance, formerly limited to possession of less than one gram of cocaine. (Effective January 1, 2012). Enacts new GS 15A-1340.18 by providing for advanced supervised release, defining the eligible defendants and its authorized incentives and conditions. (Effective January 1, 2012). Repeals Article 6A of GS Chapter 143B, the North Carolina State County Criminal Justice Partnership Act of 1993. Enacts new Article 6B of GS Chapter 143B, establishing a 'Treatment for Effective Community Supervision Act of 2011, providing for the Department of Correction to enter into agreements with local or regional governments, entities,' or partnerships to contract with service providers through a competitive procurement process for probation, parole, and post-release supervision. Establishes a State Community Corrections Advisory Board of 23 members. (Effective July 1, 2011). Enacts GS 15A-1340.24 requiring that a defendant convicted solely on a misdemeanor or misdemeanor charges under Article 35 with an imposed sentence less any time credited for time served that results in a period of confinement of six months or less, to serve the period of confinement in a local confinement facility. Amends GS 148-32.1(b) by changing the definition of those whom a judge may order to another camp or facility to those with a term between 90 days and six months. Enacts new GS 164-50 to require the Judicial Department to evaluate the Justice Reinvestment Project and provide a report by April 15, 2012, and annually thereafter. Except as noted above, effective when the bill becomes law.