Bill Summary for S 756 (2011-2012)

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Summary date: 

Apr 20 2011

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

Amends GS 15A-534(a) to eliminate execution of an unsecured appearance bond as a possible condition of pretrial release, and makes conforming changes. Amends GS 15A-534(a)(5) to provide that electronic monitoring as a condition of pretrial release need not necessarily include house arrest (was, house arrest with electronic monitoring). Places a $1,000 minimum amount on the secured appearance bond that must be executed in conjunction with a condition requiring electronic monitoring. Provides that defendants required to execute a secured bond may elect to be placed in a pretrial release program as provided in new GS 15A-534.7.
Amends GS 15A-534(a)(3) to limit the condition to releases into the custody of a designated person (was, person or organization). Adds new section GS 15A-534.7 to govern custody releases to organizations, making clear that only judges (and not magistrates or other judicial officials) have authority to place a defendant in the custody of a pretrial release program. Makes a parallel change to GS 15A-535(b) to provide that judges (was, judicial officials) may order defendants to be supervised by pretrial release programs. Provides in GS 15A-534.7 that a defendant may only be released to a pretrial release program if he or she executes a secured bond and if the judge determines that he or she is indigent and entitled to appointed counsel. Prohibits the expenditure of state or local government funds on any pretrial release program or its activities, except to cover any contractual obligations entered into by the program prior to July 1, 2011. Makes other conforming and technical changes, and makes a conforming change to GS 15A-536(b).
Effective December 1, 2011, and applies to criminal actions to determine pretrial release conditions on or after that date, except that new GS 15A-534.7(d) is effective July 1, 2011.