AN ACT TO ALLOW THE COURT TO IMPOSE CUSTODIAL SANCTIONS AND OTHER CONDITIONS IN RESPONSE TO VIOLATION ON AN OUT-OF-STATE PROBATION OFFENDER; TO CLARIFY THE LANGUAGE CONCERNING HEARING PROCEDURES FOR OFFENDERS BEING SUPERVISED UNDER THE INTERSTATE COMPACT; AND TO ALLOW THE SECTION OF COMMUNITY CORRECTIONS TO IMPOSE ADDITIONAL CONDITIONS OF PROBATION SUPERVISION FOR OFFENDERS BEING SUPERVISED UNDER THE INTERSTATE COMPACT.
Identical to H 370, filed 3/15/17.
Enacts new GS 15A-1344(d3). Provides that an offender on probation supervision under the Interstate Compact for Adult Offender Supervision (Compact), who has violated probation terms, may be sanctioned with confinement of a length determined in the statute by the offender's underlying conviction, or any other condition listed in GS 15A-1343.
Amends GS 148-65.8. Amends the caption to read "Interstate parole and probation hearing procedures for retaking by the sending state." Deletes references to reincarceration.
Enacts new GS 15A-1343.2(g1) (Supervision Under Compact). Provides that offenders supervised under the Compact may be required by the Section of Community Corrections of the Division of Adult Correction of the Department of Public Safety (Section) to do any of nine things, including community service and house arrest with electronic monitoring. Authorizes the Section to reduce any of the requirements it imposes. Requires the offender to have failed to comply with one or more of the supervision conditions, or to be high risk, except that being high risk does not authorize the Section to require the offender to submit to a period of confinement in a local confinement facility as described in Subdivision (5).
Enacts new GS 14-208.40B(d) to direct a court to consider whether an offender, transferred to North Carolina under the Compact, whose crime is a reportable conviction under GS 14-208.6(4), but whose sentencing court in a different state did not consider or order satellite-based monitoring, to consider whether the offender's conviction requires satellite-based monitoring. Specifies the procedure for that determination.
Effective December 1, 2017, and applies to offenders placed on probation on or after that date.
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