Bill Summary for H 369 (2017-2018)
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| View NCGA Bill Details | 2017-2018 Session |
AN ACT TO PROVIDE PROBATION OFFICERS WITH ADDITIONAL POWERS WHEN ON PRISON PROPERTY AND WHEN RENDERING ASSISTANCE TO LAW ENFORCEMENT OFFICERS AT THE OFFICERS' REQUEST; TO PROVIDE THAT PROBATIONERS MUST SUBMIT TO A CURFEW SET BY THE PROBATION OFFICER AND TO SUBMIT TO WARRANTLESS SEARCHES OF A PROBATIONER'S PERSON, PROPERTY, RESIDENCE, VEHICLE, AND CELL PHONE; TO PROVIDE THAT OFFENDERS MUST OBTAIN A SEX OFFENDER ASSESSMENT AND A MENTAL HEALTH ASSESSMENT AND FOLLOW ALL RECOMMENDATIONS; AND TO PROVIDE THAT PROBATION OFFICERS HAVE DELEGATED AUTHORITY TO REQUIRE OFFENDERS ON SUPERVISED PROBATION FOR CONDITIONAL DISCHARGE OR DEFERRED PROSECUTION, OR SENTENCED PURSUANT TO G.S. 20‑179, TO COMPLY WITH ADDITIONAL CONDITIONS OF PROBATION.Intro. by McNeill.
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Bill summary
House committee substitute makes the following changes to the 1st edition.
Changes the act's long title.
Modifies proposed subsection (e1) in GS 15A-1343.2, concerning the delegation to a probation officer for supervision for conditional discharge and deferred prosecution. Clarifies that, if the Section of Community Corrections imposes any of the conditions in subsection (e) of the statute (previously referred to as any of the above requirements), then it can subsequently reduce or remove those same conditions (previously, those same requirements).
Amends proposed subsection (k5) in GS 20-179 to remove the specific subsections of the statute referenced to instead allow the Section of Community Corrections to require an offender sentenced pursuant to the statute and placed on supervised probation to do any of the nine specified requirements, unless the presiding judge funds that delegation is not appropriate.
Provides that Sections 2, 3, 4, 6, and 7 of the act (respectively amending GS 15A-1343, GS 15A-1368.4, GS 15A-1374, GS 15A-1343.2, and GS 20-179) are effective December 1, 2017, and apply to offenses committed on or after that date (previously, the entire act had the same effective date and application provision).