Bill Summary for H 494 (2011-2012)

Summary date: 

Mar 29 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 494 (Public) Filed Monday, March 28, 2011
TO ALLOW THE USE OF CONTINUOUS ALCOHOL MONITORING SYSTEMS AS A CONDITION OF PROBATION, TO MEET REQUIREMENTS FOR THE RESTORATION OF A REVOKED DRIVERS LICENSE; TO MITIGATE PUNISHMENTS FOR IMPAIRED DRIVING OFFENSES; AND TO ENSURE COMPLIANCE WITH CHILD CUSTODY AND VISITATION ORDERS.
Intro. by M. Alexander, Guice, T. Moore, Stam.

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Bill summary

Amends GS 15A-534.1(a)(2) to allow a judge to require a defendant to abstain from alcohol consumption and be subject to a continuous alcohol monitoring system as a condition of pretrial release.
Amends GS 15A-1340.11(6) to add to the list of conditions that constitute “intermediate punishment” a requirement that an offender in a criminal case abstain from alcohol consumption and be subject to a continuous alcohol monitoring system as a regular condition of probation if alcohol dependency or chronic abuse has been identified by a substance abuse assessment.
Deletes provision in GS 15A-1343(b) that prohibits a defendant from paying the costs associated with a substance abuse monitoring program or any other special condition of probation in lieu of, or prior to, the payments required as regular conditions of probation.
Amends GS 15A-1343(b1) to allow a court to require as a special condition of probation that a defendant abstain from alcohol consumption and submit to continuous alcohol monitoring when alcohol dependency or chronic abuse has been identified by a substance abuse assessment.
Amends GS 15A-1343.2(f) to allow the Division of Community Corrections in the Department of Correction to require an offender sentenced to intermediate punishment to submit to substance abuse treatment through a continuous alcohol monitoring program when abstinence from alcohol consumption has been specified as a term of probation.
Adds new GS 15A-1343.4 to allow judges, in their discretion, to require offenders to abstain from the use of alcohol and to submit to continuous alcohol monitoring systems as a condition of pretrial release or probation in a matter before a Drug Treatment Program Court.
Amends GS 20-28(a) to allow a judge to order an offender who is subject to a license revocation due to an impaired driving offense to abstain from alcohol consumption and submit to continuous alcohol monitoring for a minimum period of 90 days instead of incarceration.
Amends GS 20-179(g) to allow a judge to impose as a condition of special probation for a level one punishment for an impaired driving conviction that the defendant be monitored by a continuous alcohol monitoring system for a period of no less than 120 days after the defendant serves the 30-day term of imprisonment. Allows the minimum term of imprisonment to be reduced to not less than 10 days if a judge orders the defendant to submit to continuous alcohol monitoring as a condition of probation. Allows up to 60 days of pretrial monitoring to be credited against the 120-day monitoring requirement. Amends GS 20-179(h) to allow a judge to suspend a term of imprisonment for a level two punishment for an impaired driving conviction if the defendant has abstained from consuming alcohol for at least 90 consecutive days, as verified by a continuous alcohol monitoring system. Allows up to 60 days of pretrial monitoring to be credited against the 120-day monitoring requirement for probation. Adds new provisions to GS 20-179 to: (1) allow a judge to require a defendant convicted of any level of offense for impaired driving to abstain from alcohol consumption and submit to continuous alcohol monitoring as a condition of probation and (2) allow a probation officer, with a judge’s authorization, to require a defendant to submit to continuous alcohol monitoring if the defendant has been required to abstain from alcohol consumption during probation and impose the costs of monitoring on the defendant. Makes other organizational and conforming changes to GS 20-179.
Amends GS 50-13.2 to allow a court to impose as a condition of an order for custody, including visitation, that either or both parents, or other persons seeking custody or visitation, abstain from consuming alcohol and submit to continuous alcohol monitoring.
Effective December 1, 2011, and applies to offenses committed, sentences imposed, or any custody and visitation orders issued on or after that date.

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