Bill Summary for H 244 (2015-2016)

Summary date: 

Mar 16 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 244 (Public) Filed Monday, March 16, 2015
AN ACT TO ALLOW THE SECTION OF COMMUNITY CORRECTIONS TO IMPOSE ADDITIONAL CONDITIONS OF SUPERVISION ON OFFENDERS BEING SUPERVISED UNDER THE INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION, TO EXPAND THE USE OF THE INTERSTATE COMPACT FUND TO INCLUDE OPERATIONAL COSTS OF COMMUNITY CORRECTIONS, TO PROVIDE THAT WHEN A SEX OFFENDER IS TRANSFERRED FROM ANOTHER STATE TO NORTH CAROLINA UNDER THE INTERSTATE COMPACT A DETERMINATION SHALL BE MADE BY A NORTH CAROLINA COURT AS TO WHETHER THE OFFENDER MUST ENROLL IN SATELLITE-BASED MONITORING, AND TO ESTABLISH THE PROCEDURE FOR MAKING THAT DETERMINATION.
Intro. by Stevens.

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Bill summary

Enacts new GS 15A-1343.2(g1) concerning supervision under the Interstate Compact for adult offender supervision, providing that in all cases where an offender in North Carolina is under supervision pursuant to the Interstate Compact for Adult Offender Supervision, the Section of Community Corrections can require an offender to perform and meet nine specified requirements, including performing up to 20 hours of community service and pay the fee prescribed by law for this supervision, and submit to substance abuse assessments, monitoring, or treatment. Provides that such conditions can only be imposed if it is determined that the offender has failed to comply with one or more of the conditions of supervision or the offender is determined to be high risk, based upon the specified risk assessment. Further provides that the condition which requires the offender to submit to a period or periods of confinement in a local confinement facility for a specified time can only be imposed if it is determined that the offender failed to comply with one or more of the conditions of supervision.

Amends GS 148-65.7(a) concerning fees collected pursuant to the Interstate Compact Fund, providing any such fees collected can be used for operational costs incurred by the Section of Community Corrections in addition to being used for the administration of the Interstate Compact. 

Enacts new GS 14-208.40B(d) to provide that in cases where an offender from another state is transferred to North Carolina under the Interstate Compact and the crime which requires supervision of the offender in North Carolina equates to a reportable conviction under GS 14-208.6(4) but the court of the state transferring the offender did not order or consider satellite-based monitoring, then a court in North Carolina must determine whether the conviction requires such monitoring. Sets out the procedure for making such a determination, including notification requirements and hearing scheduling. Effective December 1, 2015, applying to transfers of offenders that occur on or after that date. 

Unless otherwise noted above, effective July 1, 2015, applying to persons being supervised under the Interstate Compact for Adult Supervision on or after that date. 

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