Bill Text: NC H370 | 2017-2018 | Regular Session | Amended
Bill Title: Interstate Compact Bill
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-04-10 - Ref To Com On Rules and Operations of the Senate [H370 Detail]
Download: North_Carolina-2017-H370-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 2
HOUSE BILL 370
Committee Substitute Favorable 4/5/17
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Short Title: Interstate Compact Bill. |
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Sponsors: |
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Referred to: |
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March 16, 2017
A BILL TO BE ENTITLED
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.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15A‑1344 is amended by adding a new subsection to read:
"§ 15A‑1344. Response to violations; alteration and revocation.
…
(d2) Confinement in Response to Violation. – When a defendant under supervision for a felony conviction has violated a condition of probation other than G.S. 15A‑1343(b)(1) or G.S. 15A‑1343(b)(3a), the court may impose a period of confinement of 90 consecutive days to be served in the custody of the Division of Adult Correction of the Department of Public Safety. The court may not revoke probation unless the defendant has previously received a total of two periods of confinement under this subsection. A defendant may receive only two periods of confinement under this subsection. The 90‑day term of confinement ordered under this subsection for a felony shall not be reduced by credit for time already served in the case. Any such credit shall instead be applied to the suspended sentence. However, if the time remaining on the maximum imposed sentence on a defendant under supervision for a felony conviction is 90 days or less, then the term of confinement is for the remaining period of the sentence. Confinement under this section shall be credited pursuant to G.S. 15‑196.1.
When a defendant under supervision for a misdemeanor conviction sentenced pursuant to Article 81B of Chapter 15A of the General Statutes has violated a condition of probation other than G.S. 15A‑1343(b)(1) or G.S. 15A‑1343(b)(3a), the court may impose a period of confinement pursuant to G.S. 15A‑1343(a1)(3). The court may not revoke probation unless the defendant has previously received at least two periods of confinement for violating a condition of probation other than G.S. 15A‑1343(b)(1) or G.S. 15A‑1343(b)(3a). Those periods of confinement may have been imposed pursuant to G.S. 15A‑1343(a1)(3), 15A‑1343.2(e)(5), or 15A‑1343.2(f)(6). The second period of confinement must have been imposed for a violation that occurred after the defendant served the first period of confinement. Confinement under this section shall be credited pursuant to G.S. 15‑196.1.
When a defendant under supervision for a misdemeanor conviction not sentenced pursuant to Article 81B of Chapter 15A of the General Statutes has violated a condition of probation other than G.S. 15A‑1343(b)(1) or G.S. 15A‑1343(b)(3a), the court may impose a period of confinement of up to 90 consecutive days to be served where the defendant would have served an active sentence. The court may not revoke probation unless the defendant has previously received a total of two periods of confinement under this subsection. A defendant may receive only two periods of confinement under this subsection. Confinement under this section shall be credited pursuant to G.S. 15‑196.1.
(d3) Where probation supervision of an offender in this State is being administered pursuant to the Interstate Compact for Adult Offender Supervision established by G.S. 148‑65.5, which carries the weight of federal law and requires supervision consistent with the supervision of other similar offenders sentenced in this State, the court may, after notice and hearing pursuant to G.S. 15A‑1345 and upon finding that the offender violated one or more conditions of probation, impose a custodial sanction in accordance with subdivision (1), (2), or (3) of this subsection and any other condition listed in G.S. 15A‑1343 with the exception of an active term of imprisonment as a condition of special probation and criminal contempt. At no time is the court authorized to alter any condition imposed by the sending state or extend, transfer to unsupervised, revoke, or terminate the period of probation supervision.
(1) When an offender under probation supervision for a felony conviction has violated a condition of probation, the court may impose a period of confinement for 90 consecutive days to be served in the custody of the Division of Adult Correction of the Department of Public Safety. An offender may receive only two periods of confinement under this subsection. The 90‑day term of confinement ordered under this subdivision for a felony shall not be reduced by credit for time already served in the case. Any such credit shall instead be applied to the suspended sentence.
(2) When an offender under probation supervision for a misdemeanor conviction has violated a condition of probation, the court may impose a period or periods of confinement in a local confinement facility for a total of no more than six days per month during any three separate months during the period of probation. The six‑days‑per‑month confinement provided for in this subdivision may only be imposed as two‑day or three‑day consecutive periods. When a defendant is on probation for multiple judgments, confinement periods imposed under this subdivision shall run concurrently and may total no more than six days per month.
(3) When an offender under supervision for a misdemeanor impaired driving conviction has violated a condition of probation, the court may impose a period of confinement of up to 90 consecutive days to be served in the statewide Misdemeanant Confinement Program. An offender may receive only two periods of confinement under this subdivision. Confinement under this subdivision shall be credited pursuant to G.S. 15‑196.1.
If the time remaining on the maximum imposed sentence is equal to or less than the period of confinement that may be imposed in subdivision (1), (2), or (3) of this subsection, then confinement may not be ordered in response to the violation. The period of confinement imposed under this subsection on a defendant who is on probation for multiple offenses shall run concurrently on all cases related to the violation. Confinement shall be immediate unless otherwise specified by the court.
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SECTION 2. G.S. 148‑65.8 reads as rewritten:
"§ 148‑65.8. Interstate parole and probation hearing procedures.procedures
for retaking by the sending state.
(a) Where supervision of an
offender is being administered pursuant to the Interstate Compact for Adult
Offender Supervision, the appropriate judicial or administrative authorities in
this State shall notify the Compact Administrator of the sending state
whenever, in their view, consideration should be given to retaking or
reincarceration for a parole, probation, or post‑release supervision
violation. Prior to the giving of any such notification, a hearing shall be
held in accordance with this section within a reasonable time, unless such
hearing is waived by the offender. Pending any proceeding pursuant to this
section, the appropriate officers of this State may take custody of and detain
the offender involved for a period not to exceed 15 days prior to the hearing.
The offender shall not be entitled to bail pending the hearing.
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(c1) A record of the hearing
shall be made and preserved. As soon as practicable following termination of
any hearing conducted pursuant to this section or the waiver of such hearing,
the appropriate officer or officers of this State shall report to the sending
state, furnish a copy of the hearing record, and make recommendations regarding
the disposition to be made of the offender by the sending state. If the hearing
recommendation is to retake or reincarcerate the offender, the hearing
officer or officers may detain the offender until notice is received from the
sending state. If the sending state provides notice that it intends to retake or
reincarcerate the offender, the offender shall remain in custody for such
reasonable period after the hearing or waiver as may be necessary to arrange
for the retaking or reincarceration.retaking.
…."
SECTION 3. G.S. 15A‑1343.2 is amended by adding a new subsection to read:
"§ 15A‑1343.2. Special probation rules for persons sentenced under Article 81B.
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(g) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 19, s. 3.
(g1) Supervision Under Interstate Compact for Adult Offender Supervision. – In all cases in which probation supervision of an offender in this State is being administered pursuant to the Interstate Compact for Adult Offender Supervision established by G.S. 148‑65.5, the Section of Community Corrections of the Division of Adult Correction of the Department of Public Safety may require an offender to do any of the following:
(1) Perform up to 20 hours of community service and pay the fee prescribed by law for that supervision.
(2) Report to the offender's probation officer on a frequency to be determined by the officer.
(3) Submit to substance abuse assessment, monitoring, or treatment.
(4) Submit to house arrest with electronic monitoring.
(5) Submit to a period or periods of confinement in a local confinement facility for a total of no more than six days per month during any three separate months during the period of supervision. The six‑days‑per‑month confinement period provided for in this subdivision may only be imposed as two‑day or three‑day consecutive periods. When a defendant is under supervision for multiple judgments, confinement periods imposed under this subdivision shall run concurrently and total no more than six days per month.
(6) Submit to a curfew that requires the offender to remain in a specified place for a specified period each day and wear a device that permits the offender's compliance with the condition to be monitored electronically.
(7) Participate in an educational or vocational skills development program, including an evidence‑based program.
(8) Obtain a specific sex offender assessment and follow all recommended treatment.
(9) Obtain a mental health assessment and follow all recommended treatment.
If the Section of Community Corrections imposes any of the above requirements, then it may subsequently reduce or remove those same requirements. The Section of Community Corrections may impose the conditions under this subsection only if it first determines that the offender has failed to comply with one or more of the conditions of supervision or the offender is determined to be high risk based upon the results of the risk assessment in this section, except that the condition provided for in subdivision (5) of this subsection may not be imposed unless the Section of Community Corrections determines that the offender failed to comply with one or more of the conditions of supervision.
…."
SECTION 4. G.S. 14‑208.40B is amended by adding a new subsection to read:
"§ 14‑208.40B. Determination of satellite‑based monitoring requirement in certain circumstances.
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(c) At the hearing, the court shall determine if the offender falls into one of the categories described in G.S. 14‑208.40(a). The court shall hold the hearing and make findings of fact pursuant to G.S. 14‑208.40A.
If the court finds that (i) the offender has been classified as a sexually violent predator pursuant to G.S. 14‑208.20, (ii) the offender is a recidivist, (iii) the conviction offense was an aggravated offense, or (iv) the conviction offense was a violation of G.S. 14‑27.23 or G.S. 14‑27.28, the court shall order the offender to enroll in satellite‑based monitoring for life.
If the court finds that the offender committed an offense that involved the physical, mental, or sexual abuse of a minor, that the offense is not an aggravated offense or a violation of G.S. 14‑27.23 or G.S. 14‑27.28, and the offender is not a recidivist, the court shall order that the Division of Adult Correction do a risk assessment of the offender. The Division of Adult Correction shall have a minimum of 30 days, but not more than 60 days, to complete the risk assessment of the offender and report the results to the court. The Division of Adult Correction may use a risk assessment of the offender done within six months of the date of the hearing.
Upon receipt of a risk assessment from the Division of Adult Correction, the court shall determine whether, based on the Division of Adult Correction's risk assessment, the offender requires the highest possible level of supervision and monitoring. If the court determines that the offender does require the highest possible level of supervision and monitoring, the court shall order the offender to enroll in a satellite‑based monitoring program for a period of time to be specified by the court.
(d) When an offender from another state is transferred to North Carolina under the Interstate Compact and the crime for which the offender will be under supervision in North Carolina equates to a reportable conviction under G.S. 14‑208.6(4), but the court of the state transferring the offender did not consider or order satellite‑based monitoring, a court of this State shall consider whether the offender's criminal conviction is one that requires satellite‑based monitoring. The procedure for making that determination shall be as follows:
(1) The offender shall receive notice, before being transferred to North Carolina, that the offender may be subject to a judicial hearing in North Carolina to determine whether the offender's conviction requires the offender to enroll in satellite‑based monitoring.
(2) The Division of Adult Correction shall make an initial determination as to whether the offender's crime is a reportable conviction under North Carolina law.
(3) The district attorney in the judicial district where the offender will be supervised shall schedule a hearing in the appropriate court in that judicial district to determine whether the offender must enroll in satellite‑based monitoring. The Division of Adult Correction shall notify the offender of the Division's determination and the date of the scheduled hearing by certified mail sent to the address provided by the offender. The hearing shall be scheduled no sooner than 15 days from the date the notification is mailed. Receipt of notification shall be presumed to be the date indicated by the certified mail receipt. If the court determines that an offender is indigent and entitled to counsel, the court shall assign counsel to represent the offender at the hearing pursuant to rules adopted by the Office of Indigent Defense Services. At the hearing, the court shall determine whether the offender's crime constitutes a reportable conviction under North Carolina law and shall make findings of fact pursuant to G.S. 14‑208.40A.
(4) If the court determines that the offender may be classified as a sexually violent predator, is a recidivist, committed an aggravated offense, or committed a crime substantially similar to G.S. 14‑27.23 or G.S. 14‑27.28, the court shall order the offender to enroll in satellite‑based monitoring for the duration of the period of supervision in this State.
(5) If the court finds that the offender committed an offense involving the physical, mental, or sexual abuse of a minor but the offense is not one described in subdivision (4) of this subsection and the Division of Adult Correction's risk assessment requires the highest possible level of supervision and monitoring, the court shall order the offender to enroll in satellite‑based monitoring for the duration of the period of supervision in this State."
SECTION 5. This act becomes effective December 1, 2017, and applies to offenders placed on probation on or after that date.
