Bill Text: NC S299 | 2017-2018 | Regular Session | Amended
Bill Title: Expand Use of CAM Systems & Create CAM Fund
Sponsorship: Bipartisan Bill
Status: (Engrossed - Dead) 2018-06-15 - Ref To Com On Rules and Operations of the Senate [S299 Detail]
Download: North_Carolina-2017-S299-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 4
SENATE BILL 299
Judiciary Committee Substitute Adopted 4/4/17
House Committee Substitute Favorable 6/27/17
Fourth Edition Engrossed 6/14/18
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Short Title: Expand Use of CAM Systems & Create CAM Fund. |
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March 16, 2017
A BILL TO BE ENTITLED
AN ACT to expand the use of continuous alcohol monitoring systems in punishments imposed for certain impaired driving convictions.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20‑179 reads as rewritten:
"§ 20‑179. Sentencing hearing after conviction for impaired driving; determination of grossly aggravating and aggravating and mitigating factors; punishments.
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(g) Level One Punishment. �
A defendant subject to Level One punishment may be fined up to four thousand dollars
($4,000) and shall be sentenced to a term of imprisonment that includes a
minimum term of not less than 30 days and a maximum term of not more than 24
months. The term of imprisonment may be suspended only if a condition of
special probation is imposed to require the defendant to serve a term of
imprisonment of at least 30 days. A judge may reduce the minimum term of
imprisonment required to a term of not less than 10 days if a condition of
special probation is imposed to require that a defendant abstain from alcohol
consumption and be monitored by a continuous alcohol monitoring system, of a
type approved by the Division of Adult Correction of the Department of Public
Safety, for a period of not less than 120 days. If a judge orders the term
of imprisonment ordered as a condition of special probation to be served as an
inpatient pursuant to subsection (k1) of this section, the judge shall impose
an additional condition of special probation to require that the defendant
abstain from alcohol consumption and be monitored by a continuous alcohol
monitoring system, of a type approved by the Division of Adult Correction of
the Department of Public Safety, for a period of not less than 60 days. If
the defendant is monitored on an approved continuous alcohol monitoring system
during the pretrial period, up to 60 120 days of pretrial
monitoring may be credited against the 120‑day any monitoring
requirement for probation. If the defendant is placed on probation, the judge
shall impose a requirement that the defendant obtain a substance abuse
assessment and the education or treatment required by G.S. 20‑17.6
for the restoration of a driver's license and as a condition of probation. The
judge may impose any other lawful condition of probation.
(h) Level Two Punishment. �
A defendant subject to Level Two punishment may be fined up to two thousand
dollars ($2,000) and shall be sentenced to a term of imprisonment that includes
a minimum term of not less than seven days and a maximum term of not more than
12 months. The term of imprisonment may be suspended only if a condition of
special probation is imposed to require the defendant to serve a term of
imprisonment of at least seven 14 days or to abstain from
consuming alcohol for at least 90 consecutive days, as verified by a continuous
alcohol monitoring system, of a type approved by the Division of Adult
Correction of the Department of Public Safety. If a judge orders the term of
imprisonment ordered as a condition of special probation to be served as an
inpatient pursuant to subsection (k1) of this section, the judge shall impose
an additional condition of special probation to require that the defendant
abstain from alcohol consumption and be monitored by a continuous alcohol
monitoring system, of a type approved by the Division of Adult Correction of
the Department of Public Safety, for a period of not less than 30 days. If
the defendant is subject to Level Two punishment based on a finding that the
grossly aggravating factor in subdivision (1) or (2) of subsection (c) of this
section applies, the conviction for a prior offense involving impaired driving
occurred within five years before the date of the offense for which the
defendant is being sentenced and the judge suspends all active terms of
imprisonment and imposes abstention from alcohol as verified by a continuous
alcohol monitory monitoring system, then the judge must also
impose as an additional condition of special probation that the defendant must
complete 240 hours of community service. If the defendant is monitored on an
approved continuous alcohol monitoring system during the pretrial period, up to
60 90 days of pretrial monitoring may be credited against the
90‑dayany monitoring requirement for probation. If the
defendant is placed on probation, the judge shall impose a requirement that the
defendant obtain a substance abuse assessment and the education or treatment
required by G.S. 20‑17.6 for the restoration of a driver's license
and as a condition of probation. The judge may impose any other lawful
condition of probation.
(h1) The judge may impose, as
a condition of probation for defendants subject to Level One or Level Two
punishments, that the defendant abstain from alcohol consumption for a
minimum of 30 days, to a maximum of the term of probation, as verified by a
continuous alcohol monitoring system. The defendant's abstinence from alcohol
shall be verified by a continuous alcohol monitoring system of a type approved
by the Division of Adult Correction of the Department of Public Safety.
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(k4) Notwithstanding the
provisions of subsections (g), (h), (k2), and (k3) of this section, if the
court finds, upon good cause shown, that the defendant should not be required
to pay the costs of the continuous alcohol monitoring system, the court shall
not impose the use of a continuous alcohol monitoring system unless the one
of the following conditions is met:
(1) The local governmental entity responsible for the incarceration of the defendant in the local confinement facility agrees to pay the costs of the system.
(2) The court orders the Division of Adult Correction of the Department of Public Safety pay the costs of the system pursuant to G.S. 20‑179.5.
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(r) Supervised Probation
Terminated. � Unless a judge in his or her discretion determines that
supervised probation is necessary, and includes in the record that he or she
has received evidence and finds as a fact that supervised probation is
necessary, and states in his or her judgment that supervised probation
is necessary, a defendant convicted of an offense of impaired driving shall be
placed on unsupervised probation if he or she meets three conditions.
These conditions are that he or she has not been convicted of an offense
of impaired driving within the seven years preceding the date of this offense
for which he or she is sentenced, that the defendant is sentenced under
subsections (i), (j), and (k) of this section, and has obtained any necessary
substance abuse assessment and completed any recommended treatment or training program.program,
including any recommendation that the defendant abstain from alcohol
consumption and be monitored by a continuous alcohol monitoring system approved
by the Division of Adult Correction of the Department of Public Safety.
When a judge determines in accordance with the above procedures that a defendant should be placed on supervised probation, the judge shall authorize the probation officer to modify the defendant's probation by placing the defendant on unsupervised probation upon the completion by the defendant of any of the following conditions of his or her suspended sentence:
(1) Community service; orservice.
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(3) Payment of any fines,
court costs, and fees; orfees.
(4) Any combination of these conditions.
�."
SECTION 3. This act becomes effective December 1, 2018, and applies to offenses committed on or after that date.
