Bill Summary for S 340 (2023-2024)
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AN ACT TO ALLOW DISTRICT ATTORNEYS TO FILE PROBATION MODIFICATION PETITIONS, TO ALLOW PROBATION OFFICERS TO REDUCE A TERM OF SUPERVISED PROBATION IN CERTAIN INSTANCES, AND TO EXEMPT SHERIFF'S OFFICES FROM CERTAIN STATE CONTRACTING REQUIREMENTS WHEN CONTRACTING FOR FOOD AND FOOD SERVICES AT DETENTION FACILITIES.Intro. by Britt, Lazzara, Mohammed.
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Enacts new subsection GS 15A-1344(b2) (pertaining to alteration and revocation for violation of probation) that allows a District Attorney of the prosecutorial district where the probation was imposed to file a petition to reduce, terminate, extend, modify, or revoke probation in the district court district or superior court district or set of districts, as the case may be, where probation was imposed, based on a violation of a condition of probation.
Amends GS 7A-451(a) to require indigent persons to receive service of counsel in hearings for extension of probation.
Enacts new GS 15A-1344.2 (pertaining to delegation of authority to reduce a term of supervised probation) as follows. Permits the court to delegate, by written order filed with the clerk of superior court, the court’s authority to reduce a term of supervised probation when a probation officer finds that an offender is (1) is currently in compliance with the terms of the offender's probation and (2) has made diligent progress regarding the offender's probation, in any instances where the court may reduce a term of supervised probation. Allows the delegation of the court's authority to be revoked by the court at any time by a written order filed with the clerk of superior court as soon as practicable following the revocation. Specifies notice requirements if the delegation is revoked. Specifies that any order must require that no term of supervision be reduced unless all restitution ordered as part of the sentence has been paid in full.
Directs that proof of any one or more of the following three things, demonstrated to the satisfaction of the probation officer, constitutes diligent progress: (1) the successful completion of a validated drug or mental health treatment program, evidenced-based program, or any other vocational or life skills program; (2) the successful completion of at least six months of active enrollment in an education program in which the offender is seeking a trade certification, high school diploma, General Educational Development (GED) degree, associate degree, bachelor's degree, or graduate degree; or (3) the successful completion of at least six months of employment, demonstrated by proof of wages.
Provides that a reduction of a term of supervision does not become effective until all of the following occur: (1) the probation officer files a written affidavit with the clerk of superior court seeking a final order of the court confirming the probation officer's decision to reduce the offender's term; (2) notification is given to the district attorney and the victim and, if requested by either the district attorney or the victim, a hearing and an opportunity to be heard is granted; and (3) the court approves the reduction.
Specifies that a probation officer may not reduce an offender's term of supervised probation pursuant to this statute by more than one-fourth the amount of time the offender was originally required to serve on supervised probation. If a probation officer reduces an offender's term of supervised probation pursuant to this section on more than one occasion, the total reduction of the offender's term of supervised probation may not exceed one-fourth the amount of time the offender was originally required to serve on supervised probation.
Effective December 1, 2023, and applies to delegations of court authority entered on or after that date.
Amends GS 143-131.1 (exemption certain county sheriff’s offices from the requirements of state public contract law) to exempt all county sheriff’s offices from the procedures related to the procedure of letting of public contracts and bidding requirements of GS 143-131(a) when purchasing food and supplies for county detention facilities. (Currently, only Alamance, Anson, Beaufort, Caswell, Catawba, Cherokee, Chowan, Cleveland, Craven, Cumberland, Currituck, Dare, Davidson, Duplin, Gaston, Granville, Guilford, Haywood, Henderson, Iredell, Jones, Lincoln, Madison, Onslow, Orange, Pamlico, Pasquotank, Randolph, Rockingham, Sampson, Stanly, Transylvania, Wake, Washington, and Yancey county sheriff’s offices are exempted).