Bill Summary for S 756 (2011-2012)

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Summary date: 

Jun 13 2012

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 756 (Public) Filed Tuesday, April 19, 2011
TO AMEND THE STATE'S BAIL LAWS WITH REGARD TO PRETRIAL RELEASE PROGRAMS, TO ELIMINATE UNSECURED APPEARANCE BOND AS A PRETRIAL RELEASE CONDITION, TO AMEND HOUSE ARREST AND ELECTRONIC MONITORING AS A CONDITION OF PRETRIAL RELEASE, AND TO PROVIDE THAT NO STATE OR LOCAL FUNDS MAY BE APPROPRIATED TO OR USED FOR THE SUPPORT OF A PRETRIAL RELEASE PROGRAM.
Intro. by Clary, East, Jones.

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Bill summary

House committee substitute makes the following changes to 2nd edition.
Amends GS 15A-534(a) to reinstate execution of an unsecured appearance bond as a possible condition of pretrial release, and makes conforming changes (first edition deleted execution of an unsecured appearance bond as a possible condition of pretrial release). Removes requirement that the secured appearance bond executed in conjunction with a condition requiring electronic monitoring be set at a minimum of $1,000. Makes a conforming change to the title. Makes stylistic changes.
Provides that as one of the criteria required to impose the condition of a pretrial release program, that the judicial official must find as fact that a period of at least 48 hours (was, 72 hours) has elapsed from the date and time of the defendant’s arrest (was, on the defendant’s release order). Prohibits the pretrial release program from contacting or otherwise attempting to gain access to the defendant before the 48-hour (was, 72 hour) period expires.
Makes the entire act effective December 1, 2012 (was, December 1, 2011) including new GS 15A-534.7(d), which prohibits the appropriation of state government funds for the pretrial release program or its activities (was previously effective, July 1, 2011).