AN ACT TO INCREASE JUDICIAL DISCRETION IN SENTENCING FOR DRUG TRAFFICKING OFFENSES.
Senate committee substitute to the 2nd edition makes the following changes.
Eliminates the proposed changes to GS 90-95(h), regarding sentencing for various drug trafficking offenses. Instead, enacts new subdivision (5a) to require a judge sentencing a person for a drug trafficking conviction or conspiracy to commit the same to impose the applicable minimum prison term provided by subsection (h). Allows the sentencing judge to reduce the fine and sentence consistent with the applicable offense and classification and prior record level provided in specified state law, if the judge enters into the record six specified findings, including that the defendant has not previously been convicted of a felony under GS 90-95, the defendant did not use violence or a credible threat of violence, or possess a firearm or other dangerous weapon, in the commission of the offense, and the defendant admits he or she has a substance abuse disorder involving a controlled substance and is currently participating in or has agreed to participate in a treatment program to address the substance abuse disorder. Applies to sentences ordered on or after December 1, 2019.
Amends GS 15A-1368.2, regarding post-release supervision. Enacts new subsection (a1) to deem eligible for early release from prison for post-release supervision for the remainder of a prisoner's active sentence for a drug trafficking conviction under GS 90-95(h) or (i). Limits eligibility, requiring the Commission to determine that six criteria are met, including that the prisoner has served at least 24 months of the prisoner's sentence. Effective December 1, 2019, and applies to sentences ordered on or before November 30, 2019.
Makes the uncodified provisions regarding motions for appropriate relief for modifications of sentencing pursuant to the act applicable to sentences ordered on or before November 30, 2019 (rather than December 1, 2019).
Makes conforming changes to the act's effective date provisions. Changes the act's long title.
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