Amends GS 15A-1340.11(2), GS 15A-1340.11(6), and GS 15A-1343 to designate drug treatment court as an intermediate punishment and to include as additional authorized sentencing conditions special probation, confinement to a local confinement facility for a total of not more than six days per month, participation in educational and vocational skills development, and submission to satellite-based monitoring. Amends GS 15A-1343.2(e) by listing four additional types of community punishment the Division of Community Corrections in the Department of Correction may require unless the presiding judge specifically found that delegation was inappropriate. Specifies a procedure for the probation officer to exercise the delegated authority, and requires the Department to adopt guidelines and procedures to implement the requirements. Amends GS 15A-1343.2(f) by listing three additional types of intermediate punishment the Division of Community Corrections in the Department of Correction may require, unless the presiding judge specifically found that delegation was inappropriate. Specifies a procedure for the probation officer to exercise the delegated authority, and requires the Department to adopt guidelines and procedures to implement the requirements. Amends GS 15A-1343.2 by requiring the Department of Correction to use a validated instrument to assess each probationers for risk of reoffending and to place them in a supervision level. Repeals GS 15A-1343(b1)(3b) regarding a court's authority to impose as a special condition intensive supervision by rules adopted by the Division of Community Corrections. Repeals GS 15A-1340.11(3), defining a day-reporting center. Repeals GS 15A-1340.11(5), defining intensive supervision. Repeals GS 15A-1340.11(8), defining residential program. Amends 15A-1343.2(c) to set a goal that probation officer caseloads not exceed an average of 60 offenders who are at high or moderate risk of rearrest. Effective December 1, 2011.
Amends GS 15A-1368.1 by excluding from Article 84A (post-release supervision) only those who are Class A and Class B1 sentenced to life imprisonment without parole. Amends GS 15A-1368.2 by requiring post-release supervision on the date equivalent to maximum imposed prison term less nine months, 12 months in the case of Class B1 through E felons and less nine months in the case of Class F through I felons, less any earned time awarded. Amends GS 15A-1368.4(e) by adding a new subdivision (7a) authorizing as a condition to post-release supervision that the supervisee not abscond, willfully avoid supervision, or willfully make whereabouts unknown to the probation officer. Amends GS 15A-1338.3(c) by requiring that a supervisee be returned to prison for three months for a violation except that violators of certain conditions be returned for their maximum imposed terms. Amends GS 15A-1340.17(d) by changing the maximum sentences for Class F through Class I felonies. Amends GS 15A-1340.17(e) by changing the maximum sentences for Class B1 through Class E felonies. Effective December 1, 2011.
Enacts new Article 2D of Chapter 14 by providing for a habitual and breaking and entering status offense, defining the crime, charging requirements, and sentencing and punishment. Amends GS 14-7.3 by requiring that an indictment for habitual felony include that class felony that is being requested upon conviction and the penalties that may be imposed. Amends GS 14-7.6 by changing the sentence for habitual felon. Amends GS 15A-1343(b) by adding as an authorized condition of probation a condition not to abscond, willfully avoid supervision, or willfully make whereabouts unknown to the probation officer. Amends GS 15A-1344(a) by specifying the conditions for which probation may be revoked and imprisonment imposed. Amends GS 15A-1344 by authorizing a 90-day confinement for violation of certain probation conditions. (All of the preceding effective December 1, 2011).
Amends GS 90-96 by making conditional discharge and probation mandatory for certain first-time felonies regarding controlled substances. (Effective January 1, 2012). Amends GS 15A-145.2 by changing the conditions for expungement of records to include possession of a controlled substance, formerly limited to possession of less than one gram of cocaine. (Effective January 1, 2012). Enacts new GS 15A-1340.18 by providing for advanced supervised release, defining the eligible defendants and its authorized incentives and conditions. (Effective January 1, 2012). Repeals Article 6A of GS Chapter 143B, the North Carolina State County Criminal Justice Partnership Act of 1993. Enacts new Article 6B of GS Chapter 143B, establishing a 'Treatment for Effective Community Supervision Act of 2011, providing for the Department of Correction to enter into agreements with local or regional governments, entities,' or partnerships to contract with service providers through a competitive procurement process for probation, parole, and post-release supervision. Establishes a State Community Corrections Advisory Board of 23 members. (Effective July 1, 2011). Enacts GS 15A-1340.24 requiring that a defendant convicted solely on a misdemeanor or misdemeanor charges under Article 35 with an imposed sentence less any time credited for time served that results in a period of confinement of six months or less, to serve the period of confinement in a local confinement facility. Amends GS 148-32.1(b) by changing the definition of those whom a judge may order to another camp or facility to those with a term between 90 days and six months. Enacts new GS 164-50 to require the Judicial Department to evaluate the Justice Reinvestment Project and provide a report by April 15, 2012, and annually thereafter. Except as noted above, effective when the bill becomes law.