GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H D
HOUSE DRH80130-LH-92 (02/18)
Short Title: Justice Reinvestment Act. |
(Public) |
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Sponsors: |
Representatives Guice, Faircloth, Bordsen, and Parmon (Primary Sponsors). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to IMPLEMENT CERTAIN RECOMMENDATIONS OF THE JUSTICE REINVESTMENT PROJECT, and to provide that the act shall be entitled "the justice reinvestment act of 2011."
The General Assembly of North Carolina enacts:
PART I. STRENGTHEN PROBATION SUPERVISION
SECTION 1.(a) G.S. 15A-1340.11(2) reads as rewritten:
"(2) Community punishment.
- A sentence in a criminal case that does not include an active punishment
or assignment to a drug treatment court. punishment, an intermediate punishment,
or any of the conditions of probation listed in subdivision (6) of this
section.It may include any one or more of the conditions set forth in
G.S. 15A-1343(a1)."
SECTION 1.(b) G.S. 15A-1340.11(6) reads as rewritten:
"(6) Intermediate punishment.
- A sentence in a criminal case that places an offender on supervised
probation. probation and includes at least one It may include
drug treatment court, in addition to one or more of the following
conditions:conditions set forth in G.S. 15A-1343(a1).
a. Special
probation as defined in G.S. 15A-1351(a).
b. Assignment
to a residential program.
c. House
arrest with electronic monitoring.
d. Intensive
supervision.
e. Assignment
to a day-reporting center.
f.
Assignment to a drug treatment court program."
SECTION 1.(c) G.S. 15A-1343 is amended by adding a new subsection to read:
"(a1) Community and Intermediate Probation Conditions. - In addition to any conditions a court may be authorized to impose pursuant to G.S. 15A-1343(b1), the court may include any one or more of the following conditions as part of a community or intermediate punishment:
(1) House arrest with electronic monitoring.
(2) Special probation as defined in G.S. 15A-1351(a).
(3) Perform community service.
(4) Submission to a period or periods of confinement in a local confinement facility for a total of no more than six days per month.
(5) Substance abuse assessment, monitoring, or treatment.
(6) Participation in an educational or vocational skills development program, including an evidence-based program.
(7) Submission to satellite-based monitoring, pursuant to Part 5 of Article 27A of Chapter 14 of the General Statutes, if the defendant is described by G.S. 14-208.40(a)(2)."
SECTION 1.(d) G.S. 15A-1343.2(e) reads as rewritten:
"(e) Delegation to
Probation Officer in Community Punishment. - Unless the presiding judge
specifically finds in the judgment of the court that delegation is not
appropriate, the Division of Community Corrections in the Department of
Correction may require an offender sentenced to community punishment to:to
do any of the following:
(1) Perform up to 20
hours of community service, and pay the fee prescribed by law for this supervision;supervision.
(2) Report to the
offender's probation officer on a frequency to be determined by the officer;
orofficer.
(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.
(6) Submit to a curfew which 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.
If the Division imposes any of the above requirements, then it may subsequently reduce or remove those same requirements.
The probation officer may exercise authority delegated to him or her by the court pursuant to subsection (e) of this section after administrative review and approval by a Chief Probation Officer. The offender may file a motion with the court to review the action taken by the probation officer. The offender shall be given notice of the right to seek such a court review. However, the offender shall have no right of review if he or she has signed a written waiver of rights as required by this subsection. The Division may exercise any authority delegated to it under this subsection only if it first determines that the offender has failed to comply with one or more of the conditions of probation imposed by the court or the offender is determined to be high risk based on the results of the risk assessment in G.S. 15A-1343.2. Nothing in this section shall be construed to limit the availability of the procedures authorized under G.S. 15A-1345.
If the probation officer exercises authority delegated to
him or her by the court pursuant to this subsection, the offender may file a
motion with the court to review the action taken by the probation officer. The
offender shall be given notice of the right to seek such a court review. The
Division may exercise any authority delegated to it under this subsection only
if it first determines that the offender has failed to comply with one or more
of the conditions of probation imposed by the court.
The Department shall adopt guidelines and procedures to implement the requirements of this section, which shall include a supervisor's approval prior to exercise of the delegation of authority authorized by this section. Prior to imposing confinement pursuant to subdivision (5) of this subsection, the probationer must first be presented with a violation report, with the alleged violations noted and advised of the right (i) to a hearing before the court on the alleged violation, with the right to present relevant oral and written evidence; (ii) to counsel, and that one will be appointed if the probationer is indigent; (iii) to request witnesses who have relevant information concerning the alleged violations; and (iv) to examine any witnesses or evidence. Upon the signing of a waiver of rights by the probationer, with both the probation officer and a supervisor signing as witnesses, the probationer may be confined for the period designated on the violation report."
SECTION 1.(e) G.S. 15A-1343.2(f) reads as rewritten:
"(f) Delegation to
Probation Officer in Intermediate Punishments. - Unless the presiding judge
specifically finds in the judgment of the court that delegation is not
appropriate, the Division of Community Corrections in the Department of
Correction may require an offender sentenced to intermediate punishment to:
to do any of the following:
(1) Perform up to 50
hours of community service, and pay the fee prescribed by law for this supervision;supervision.
(2) Submit to a
curfew which 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; electronically.
(3) Submit to
substance abuse assessment, monitoring or treatment; treatment.
(4) Participate in
an educational or vocational skills development program.program,
including an evidence-based program.
(5) Submit to satellite-based monitoring pursuant to Part 5 of Article 27A of Chapter 14 of the General Statutes, if the defendant is described by G.S. 14-208.40(a)(2).
(6) Submit to a period or periods of confinement in a local confinement facility for a total of no more than six days per month.
(7) Submit to house arrest with electronic monitoring.
(8) Report to the offender's probation officer on a frequency to be determined by the officer.
If the Division imposes any of the above requirements, then it may subsequently reduce or remove those same requirements.
The probation officer may exercise authority delegated to him or her by the court pursuant to subsection (f) of this section after administrative review and approval by a Chief Probation Officer. The offender may file a motion with the court to review the action taken by the probation officer. The offender shall be given notice of the right to seek such a court review. However, the offender shall have no right of review if he or she has signed a written waiver of rights as required by this subsection. The Division may exercise any authority delegated to it under this subsection only if it first determines that the offender has failed to comply with one or more of the conditions of probation imposed by the court or the offender is determined to be high risk based on the results of the risk assessment in G.S. 15A-1343.2. Nothing in this section shall be construed to limit the availability of the procedures authorized under G.S. 15A-1345.
If the probation officer exercises authority delegated to
him or her by the court pursuant to this subsection, the offender may file a
motion with the court to review the action taken by the probation officer. The
offender shall be given notice of the right to seek such a court review. The
Division may exercise any authority delegated to it under this subsection only
if it first determines that the offender has failed to comply with one or more
of the conditions of probation imposed by the court.
The Department shall adopt guidelines and procedures to implement the requirements of this section, which shall include a supervisor's approval prior to exercise of the delegation of authority authorized by this section. Prior to imposing confinement pursuant to subdivision (6) of this subsection, the probationer must first be presented with a violation report, with the alleged violations noted and advised of the right (i) to a hearing before the court on the alleged violation, with the right to present relevant oral and written evidence; (ii) to counsel, and that one will be appointed if the probationer is indigent; (iii) to request witnesses who have relevant information concerning the alleged violations; and (iv) to examine any witnesses or evidence. Upon the signing of a waiver of rights by the probationer, with both the probation officer and a supervisor signing as witnesses, the probationer may be confined for the period designated on the violation report."
SECTION 1.(f) G.S. 15A-1343.2 is amended by adding a new subsection to read:
"(b1) Departmental Risk Assessment by Validated Instrument Required. - As part of the probation program developed by the Department of Correction pursuant to subsection (b) of this section, the Department of Correction shall use a validated instrument to assess each probationer for risk of reoffending and shall place a probationer in a supervision level based on the probationer's risk of reoffending and criminogenic needs."
SECTION 1.(g) G.S. 15A-1343(b1)(3b) is repealed.
SECTION 1.(h) G.S. 15A-1340.11(3) is repealed.
SECTION 1.(i) G.S. 15A-1340.11(5) is repealed.
SECTION 1.(j) G.S. 15A-1340.11(8) is repealed.
SECTION 1.(k) G.S. 15A-1343.2(c) reads as rewritten:
"(c) Probation Caseload
Goals. - It is the goal of the General Assembly that, subject to the
availability of funds, caseloads for probation officers supervising persons who
are determined to be high or moderate risk of rearrest as determined by the
Department's validated risk assessment should not exceed an average of 60
offenders per officer.sentenced to community punishment should not
exceed an average of 90 offenders per officer, and caseloads for offenders
sentenced to intermediate punishments should not exceed an average of 60
offenders per officer by July 1, 1998."
SECTION 1.(l) This section becomes effective December 1, 2011, and applies to persons placed on probation based on offenses which occur on or after December 1, 2011; however, this section and the provisions of this act requiring the Department of Correction to adopt guidelines and procedures are effective when this act becomes law.
PART II. POST RELEASE SUPERVISION CHANGES
SECTION 2.(a) G.S. 15A-1368.1 reads as rewritten:
"§ 15A-1368.1. Applicability of Article 84A.
This Article applies to all felons in Class B1 through
Class E sentenced to an active punishment under Article 81B of this
Chapter, but does not apply to felons in Class A and Class B1 sentenced
to life imprisonment without parole. Prisoners subject to Articles 85 and 85A
of this Chapter are excluded from this Article's coverage."
SECTION 2.(b) G.S. 15A-1368.2 reads as rewritten:
"§ 15A-1368.2. Post-release supervision eligibility and procedure.
(a) A prisoner to
whom this Article applies shall be released from prison for post-release
supervision on the date equivalent to his 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 by the Department of Correction or the custodian of a local
confinement facility under G.S. 15A-1340.13(d). If a prisoner has not been
awarded any earned time, the prisoner shall be released for post-release supervision
on the date equivalent to his maximum prison term less nine months.
(b) A prisoner shall not refuse post-release supervision.
(c) A supervisee's
period of post-release supervision shall be for a period of nine
months,12 months in the case of Class B1 through E felons and nine
months in the case of Class F through I felons, unless the offense is an
offense for which registration is required pursuant to Article 27A of Chapter
14 of the General Statutes. For offenses subject to the registration
requirement of Article 27A of Chapter 14 of the General Statutes, the period of
post-release supervision is five years. The conditions of post-release
supervision are as authorized in G.S. 15A-1368.5.
(c1) Notwithstanding subsection (c) of this section, a person required to submit to satellite-based monitoring pursuant to G.S. 15A-1368.4(b1)(6) shall continue to participate in satellite-based monitoring beyond the period of post-release supervision until the Commission releases the person from that requirement pursuant to G.S. 14-208.43.
(d) A supervisee's period of post-release supervision may be reduced while the supervisee is under supervision by earned time awarded by the Department of Correction, pursuant to rules adopted in accordance with law. A supervisee is eligible to receive earned time credit toward the period of supervision for compliance with reintegrative conditions described in G.S. 15A-1368.5.
(e) Repealed by Session Laws 1997-237, s. 7.
(f) When a supervisee completes the period of post-release supervision, the sentence or sentences from which the supervisee was placed on post-release supervision are terminated."
SECTION 2.(c) G.S. 15A-1368.4(e) is amended by adding a new subdivision to read:
"(7a) Not to abscond, by willfully avoiding supervision or by willfully making the supervisee's whereabouts unknown to the supervising probation officer."
SECTION 2.(d) G.S. 15A-1368.3(c) reads as rewritten:
"(c) Effect of Violation. - If the supervisee violates a condition, described in G.S. 15A-1368.4, at any time before the termination of the supervision period, the Commission may continue the supervisee on the existing supervision, with or without modifying the conditions, or if continuation or modification is not appropriate, may revoke post-release supervision as provided in G.S. 15A-1368.6 and reimprison the supervisee for a term consistent with the following requirements:
(1) The supervise
Supervisees who were convicted of an offense for which registration is
required under Article 27A of Chapter 14 of the General Statutes and
supervisees whose supervision is revoked for a violation of the required
controlling condition under G.S. 15A-1368.4(b) or for absconding in
violation of G.S. 15A-1368.4(e)(7a) will be returned to prison up to
the time remaining on his their maximum imposed term. terms.
All other supervisees will be returned to prison for three months and may be
returned for three months on each of two subsequent violations, after which
supervisees who were B1 through E felons may be returned to prison up to the
time remaining on their maximum imposed terms.
(2) The supervisee shall not receive any credit for days on post-release supervision against the maximum term of imprisonment imposed by the court under G.S. 15A-1340.13.
(3) Pursuant to Article 19A of Chapter 15, the Department of Correction shall award a prisoner credit against any term of reimprisonment for all time spent in custody as a result of revocation proceedings under G.S. 15A-1368.6.
(4) The prisoner is eligible to receive earned time credit against the maximum prison term as provided in G.S. 15A-1340.13(d) for time served in prison after the revocation."
SECTION 2.(e) G.S. 15A-1340.17(d) reads as rewritten:
"(d) Maximum Sentences Specified for Class F through Class I Felonies. - Unless provided otherwise in a statute establishing a punishment for a specific crime, for each minimum term of imprisonment in the chart in subsection (c) of this section, expressed in months, the corresponding maximum term of imprisonment, also expressed in months, is as specified in the table below for Class F through Class I felonies. The first figure in each cell in the table is the minimum term and the second is the maximum term.
3-413
4-514
5-615
6-817 7-918
8-1019 9-1120
10-1221
11-1423 12-1524
13-1625 14-1726
15-1827 16-2029
17-2130 18-2231
19-2332 20-2433
21-2635 22-2736
23-2837 24-2938
25-3039 26-3241
27-3342 28-3443
29-3544 30-3645
31-3847 32-3948
33-4049 34-4150
35-4251 36-4453
37-4554 38-4655
39-4756 40-4857
41-5059 42-5160
43-5261 44-5362
45-5463 46-5665
47-5766 48-5867
49-5968".
SECTION 2.(f) G.S. 15A-1340.17(e) reads as rewritten:
"(e) Maximum Sentences Specified for Class B1 through Class E Felonies for Minimum Terms up to 339 Months. - Unless provided otherwise in a statute establishing a punishment for a specific crime, for each minimum term of imprisonment in the chart in subsection (c) of this section, expressed in months, the corresponding maximum term of imprisonment, also expressed in months, is as specified in the table below for Class B1 through Class E felonies. The first figure in each cell of the table is the minimum term and the second is the maximum term.
15-27
16-29 17-30
18-31 19-32
20-33 21-35
22-36
23-37
24-38 25-39
26-41 27-42
28-43 29-44
30-45
31-47
32-48 33-49
34-50 35-51
36-53 37-54
38-55
39-56
40-57 41-59
42-60 43-61
44-62 45-63
46-65
47-66
48-67 49-68
50-69 51-71
52-72 53-73
54-74
55-75
56-77 57-78
58-79 59-80
60-81 61-83
62-84
63-85
64-86 65-87
66-89 67-90
68-91 69-92
70-93
71-95
72-96 73-97
74-98 75-99
76-101 77-102
78-103
79-104
80-105 81-107
82-108 83-109
84-110 85-111
86-113
87-114
88-115 89-116
90-117 91-119
92-120 93-121
94-122
95-123
96-125 97-126
98-127 99-128
100-129 101-131
102-132
103-133 104-134
105-135 106-137
107-138 108-139
109-140 110-141
111-143 112-144
113-145 114-146
115-147 116-149
117-150 118-151
119-152 120-153
121-155 122-156
123-157 124-158
125-159 126-161
127-162 128-163
129-164 130-165
131-167 132-168
133-169 134-170
135-171 136-173
137-174 138-175
139-176 140-177
141-179 142-180
143-181 144-182
145-183 146-185
147-186 148-187
149-188 150-189
151-191 152-192
153-193 154-194
155-195 156-197
157-198 158-199
159-200 160-201
161-203 162-204
163-205 164-206
165-207 166-209
167-210 168-211
169-212 170-213
171-215 172-216
173-217 174-218
175-219 176-221
177-222 178-223
179-224 180-225
181-227 182-228
183-229 184-230
185-231 186-233
187-234 188-235
189-236 190-237
191-239 192-240
193-241 194-242
195-243 196-245
197-246 198-247
199-248 200-249
201-251 202-252
203-253 204-254
205-255 206-257
207-258 208-259
209-260 210-261
211-263 212-264
213-265 214-266
215-267 216-269
217-270 218-271
219-272 220-273
221-275 222-276
223-277 224-278
225-279 226-281
227-282 228-283
229-284 230-285
231-287 232-288
233-289 234-290
235-291 236-293
237-294 238-295
239-296 240-297
241-299 242-300
243-301 244-302
245-303 246-305
247-306 248-307
249-308 250-309
251-311 252-312
253-313 254-314
255-315 256-317
257-318 258-319
259-320 260-321
261-323 262-324
263-325 264-326
265-327 266-329
267-330 268-331
269-332 270-333
271-335 272-336
273-337 274-338
275-339 276-341
277-342 278-343
279-344 280-345
281-347 282-348
283-349 284-350
285-351 286-353
287-354 288-355
289-356 290-357
291-359 292-360
293-361 294-362
295-363 296-365
297-366 298-367
299-368 300-369
301-371 302-372
303-373 304-374
305-375 306-377
307-378 308-379
309-380 310-381
311-383 312-384
313-385 314-386
315-387 316-389
317-390 318-391
319-392 320-393
321-395 322-396
323-397 324-398
325-399 326-401
327-402 328-403
329-404 330-405
331-407 332-408
333-409 334-410
335-411 336-413
337-414 338-415
339-416
15-30 16-32 17-33 18-34 19-35 20-36 21-38 22-39
23-40 24-41 25-42 26-44 27-45 28-46 29-47 30-48
31-50 32-51 33-52 34-53 35-54 36-56 37-57 38-58
39-59 40-60 41-62 42-63 43-64 44-65 45-66 46-68
47-69 48-70 49-71 50-72 51-74 52-75 53-76 54-77
55-78 56-80 57-81 58-82 59-83 60-84 61-86 62-87
63-88 64-89 65-90 66-91 67-93 68-94 69-95 70-96
71-98 72-99 73-100 74-101 75-102 76-104 77-105 78-106
79-107 80-108 81-110 82-111 83-112 84-113 85-114 86-115
87-117 88-118 89-119 90-120 91-122 92-123 93-124 94-125
95-126 96-128 97-129 98-130 99-131 100-132 101-134 102-135
103-136 104-137 105-138 106-140 107-141 108-142 109-143 110-144
111-146 112-147 113-148 114-149 115-150 116-152 117-153 118-154
119-155 120-156 121-158 122-159 123-160 124-161 125-162 126-164
127-165 128-166 129-167 130-168 131-170 132-171 133-172 134-173
135-174 136-176 137-177 138-178 139-179 140-180 141-182 142-183
143-184 144-185 145-186 146-188 147-189 148-190 149-191 150-192
151-194 152-195 153-196 154-197 155-198 156-200 157-201 158-202
159-203 160-204 161-206 162-207 163-208 164-209 165-210 166-212
167-213 168-214 169-215 170-216 171-218 172-219 173-220 174-221
175-222 176-224 177-225 178-226 179-227 180-228 181-230 182-231
183-232 184-233 185-234 186-236 187-237 188-238 189-239 190-240
191-242 192-243 193-244 194-245 195-246 196-248 197-249 198-250
199-251 200-252 201-254 202-255 203-256 204-257 205-258 206-260
207-261 208-262 209-263 210-264 211-266 212-267 213-268 214-269
215-270 216-271 217-273 218-274 219-275 220-276 221-278 222-279
223-280 224-281 225-282 226-284 227-285 228-286 229-287 230-288
231-290 232-291 233-292 234-293 235-294 236-296 237-297 238-298
239-299 240-300 241-302 242-303 243-304 244-305 245-306 246-308
247-309 248-310 249-311 250-312 251-314 252-315 253-316 254-317
255-318 256-320 257-321 258-322 259-323 260-324 261-326 262-327
263-328 264-329 265-330 266-332 267-333 268-334 269-335 270-336
271-338 272-339 273-340 274-341 275-342 276-344 277-345 278-346
279-347 280-348 281-350 282-351 283-352 284-353 285-354 286-356
287-357 288-358 289-359 290-360 291-362 292-363 293-364 294-365
295-366 296-368 297-369 298-370 299-371 300-372 301-374 302-375
303-376 304-377 305-378 306-380 307-381 308-382 309-383 310-384
311-386 312-387 313-388 314-389 315-390 316-392 317-393 318-394
319-395 320-396 321-398 322-399 323-400 324-401 325-402 326-404
327-405 328-408 329-407 330-408 331-410 332-411 333-412 334-413
335-414 336-416 337-417 338-418 339-419".
SECTION 2.(g) This section becomes effective December 1, 2011, and applies to offenses committed on or after that date.
PART III. STATUS OFFENSE OF HABITUAL BREAKING AND ENTERING
SECTION 3.(a) Chapter 14 of the General Statutes is amended by adding a new Article to read:
"Article 2D.
"Habitual Breaking and Entering Status Offense.
"§ 14-7.25. Definitions.
The following definitions apply in this Article:
(1) 'Breaking and entering.' - The term means any of the following felony offenses:
a. First degree burglary (G.S. 14-51).
b. Second degree burglary (G.S. 14-51).
c. Breaking out of dwelling house burglary (G.S. 14-53).
d. Breaking or entering buildings generally (G.S. 14-54(a)).
e. Breaking or entering a building that is a place of religious worship (G.S. 14-54.1).
f. Any repealed or superseded offense substantially equivalent to any of the offenses in sub-subdivision a., b., c., d., or e. of this subdivision.
g. Any offense committed in another jurisdiction substantially similar to any of the offenses in sub-subdivision a., b., c., d., or e. of this subdivision.
(2) 'Convicted.' - The person has been adjudged guilty of or has entered a plea of guilty or no contest to the offense of breaking and entering.
(3) 'Status offender.' - A person who is a habitual breaking and entering status offender as described in G.S. 14-7.26.
"§ 14-7.26. Habitual breaking and entering status offender.
Any person who is 18 years of age or older at the time the person commits a breaking and entering offense, and who has been convicted of or pled guilty to one or more prior felony offenses of breaking and entering in any federal court or state court in the United States or combination thereof, is guilty of the status offense of habitual breaking and entering and is declared to be a habitual breaking and entering status offender. This Article does not apply to a second felony offense of breaking and entering unless it is committed after the conviction of the first felony offense of breaking or entering. Any felony to which a pardon has been extended shall not, for the purposes of this Article, constitute a felony offense of breaking and entering.
"§ 14-7.27. Punishment.
When any person is charged with a felony offense of breaking and entering and is also charged with being a status offender as defined in G.S. 14-7.26, the person must, upon conviction, be sentenced and punished as a status offender as provided by this Article.
"§ 14-7.28. Charge of habitual breaking and entering status offender.
(a) To sustain a conviction of a person as a status offender, the person must be charged separately for the felony offense of breaking and entering and for the habitual breaking and entering status offense. The indictment charging the defendant as a status offender shall be separate from the indictment charging the person with the principal felony offense of breaking and entering.
(b) An indictment that charges a person with being a status offender must set forth the date that the prior felony offense of breaking and entering was committed, the name of the state or other sovereign against whom the felony offense of breaking and entering was committed, the dates that the plea of guilty was entered into or conviction returned in the felony offense of breaking and entering, and the identity of the court in which the plea or conviction took place. No defendant charged with being a status offender in a bill of indictment shall be required to go to trial on the charge within 20 days of the finding of a true bill by the grand jury; provided, the defendant may waive this 20-day period.
"§ 14-7.29. Evidence of prior convictions of breaking and entering.
In all cases in which a person is charged under the provisions of this Article with being a status offender, the record of prior conviction of the felony offense of breaking and entering shall be admissible in evidence, but only for the purpose of proving that the person has been convicted of a former felony offense of breaking and entering. A prior conviction may be proved by stipulation of the parties or by the original or a certified copy of the court record of the prior conviction. The original or certified copy of the court record, bearing the same name as that by which the defendant is charged, shall be prima facie evidence that the defendant named therein is the same as the defendant before the court, and shall be prima facie evidence of the facts set out therein.
"§ 14-7.30. Verdict and judgment.
(a) When an indictment charges a person with a felony offense of breaking and entering as provided by this Article and an indictment also charges that the person is a status offender, the defendant shall be tried for the principal offense of breaking and entering as provided by law. The indictment that the person is a status offender shall not be revealed to the jury unless the jury shall find that the defendant is guilty of the principal felony offense of breaking and entering with which the defendant is charged.
(b) If the jury finds the defendant guilty of the felony offense of breaking and entering, the bill of indictment charging the defendant as a status offender may be presented to the same jury. Except that the same jury may be used, the proceedings shall be as if the issue of status offender were a principal charge.
(c) If the jury finds that the defendant is a status offender, the trial judge shall enter judgment according to the provisions of this Article. If the jury finds that the defendant is not a status offender, the trial judge shall pronounce judgment on the principal felony offense of breaking and entering as provided by law.
"§ 14-7.31. Sentencing of status offenders.
(a) When a status offender as defined in this Article commits a felony offense of breaking and entering under the laws of the State of North Carolina, the status offender must, upon conviction or plea of guilty under indictment as provided in this Article, be sentenced as a Class E felon.
(b) In determining the prior record level, any conviction used to establish a person's status as a status offender shall not be used. Sentences imposed under this Article shall run consecutively with and shall commence at the expiration of any sentence being served by the person sentenced under this section.
(c) A conviction as a status offender under this Article shall not constitute commission of a felony for the purpose of either Article 2A or Article 2B of Chapter 14 of the General Statutes."
SECTION 3.(b) G.S. 14-7.3 reads as rewritten:
"§ 14-7.3. Charge of habitual felon.
An indictment which charges a person who is an habitual felon
within the meaning of G.S. 14-7.1 with the commission of any felony under
the laws of the State of North Carolina must, in order to sustain a conviction
of habitual felon, also charge that said person is an habitual felon. The
indictment charging the defendant as an habitual felon shall be separate from
the indictment charging him with the principal felony. An indictment which charges
a person with being an habitual felon must set forth the date that prior felony
offenses were committed, the name of the state or other sovereign against whom
said felony offenses were committed, the dates that pleas of guilty were
entered to or convictions returned in said felony offenses, and the
identity of the court wherein said pleas or convictions took place.place,
the class felony that is being requested as the sentence to be imposed on the
defendant if convicted, and the penalties that may be imposed by the court for
the offense, without regard to the sentence that is being requested.
No defendant charged with being an habitual felon in a bill of indictment shall be required to go to trial on said charge within 20 days of the finding of a true bill by the grand jury; provided, the defendant may waive this 20-day period."
SECTION 3.(c) G.S. 14-7.6 reads as rewritten:
"§ 14-7.6. Sentencing of habitual felons.
When an habitual felon as defined in this Article commits any
felony under the laws of the State of North Carolina, the felon must, upon
conviction or plea of guilty under indictment as provided in this Article (except
where the felon has been sentenced as a Class A, B1, or B2 felon) be
sentenced as a Class C felon. at a felony class level that is at
least one class higher than the principal felony for which the person was
convicted, and may be sentenced at a level up to four classes higher than the
principal felony for which the person was convicted, within the discretion of
the trial judge; but under no circumstances shall an habitual felon be
sentenced at a level higher than a Class C felony. When sentencing an habitual
felon under this section, the trial judge may consider the sentence
requested in the indictment, but is not bound by the requested sentence. In
determining the prior record level, convictions used to establish a person's
status as an habitual felon shall not be used. Sentences imposed under this
Article shall run consecutively with and shall commence at the expiration of
any sentence being served by the person sentenced under this section."
SECTION 3.(d) This section becomes effective December 1, 2011, and applies to any offense that occurs on or after that date and that is the principal felony offense for a charge of either the status offenses of habitual breaking and entering or habitual felon. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.
PART IV. LIMIT TIME/CERTAIN VIOLATIONS OF PROBATION
SECTION 4.(a) G.S. 15A-1343(b) is amended by adding a new subdivision to read:
"(3a) Not to abscond, by willfully avoiding supervision or by willfully making the defendant's whereabouts unknown to the supervising probation officer."
SECTION 4.(b) G.S. 15A-1344(a) reads as rewritten:
"(a) Authority to Alter or Revoke. - Except as provided in subsection (a1) or (b), probation may be reduced, terminated, continued, extended, modified, or revoked by any judge entitled to sit in the court which imposed probation and who is resident or presiding in the district court district as defined in G.S. 7A-133 or superior court district or set of districts as defined in G.S. 7A-41.1, as the case may be, where the sentence of probation was imposed, where the probationer violates probation, or where the probationer resides. Upon a finding that an offender sentenced to community punishment under Article 81B has violated one or more conditions of probation, the court's authority to modify the probation judgment includes the authority to require the offender to comply with conditions of probation that would otherwise make the sentence an intermediate punishment. The court shall only revoke probation for a violation of G.S. 15A-1343(b)(1) or G.S. 15A-1343(b)(3a). Imprisonment may be imposed pursuant to G.S. 15A-1344(d2) for a violation of a requirement other than G.S. 15A-1343(b)(1) or G.S. 15A-1343(b)(3a). The district attorney of the prosecutorial district as defined in G.S. 7A-60 in which probation was imposed must be given reasonable notice of any hearing to affect probation substantially."
SECTION 4.(c) G.S. 15A-1344 is amended by adding a new subsection to read:
"(d2) Confinement in Response to Violation. - When a defendant 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 90-day period of confinement. If the time remaining on the defendant's maximum imposed sentence is less than 90 days, 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."
SECTION 4.(d) This section is effective December 1, 2011, and applies to probation violations occurring on or after that date.
PART V. DIVERSION PROGRAM/FELONY DRUG POSSESSION
SECTION 5.(a) G.S. 90-96 reads as rewritten:
"§ 90-96. Conditional discharge for first offense.
(a) Whenever any
person who has not previously been convicted of any felony offense under
this Article or under any statute of the United States or any state relating to
those substances included in Article 5 or 5A of Chapter 90 or to that
paraphernalia included in Article 5B of Chapter 90 pleads guilty to or is found
guilty of (i) a misdemeanor under this Article by possessing a controlled
substance included within Schedules II I through VI of this
Article or by possessing drug paraphernalia as prohibited by G.S. 90
113.22, or (ii) a felony under G.S. 90-95(a)(3), G.S. 90
95(a)(3) by possessing less than one gram of cocaine, the court may, shall,
without entering a judgment of guilt and with the consent of such person,
defer further proceedings and place him on probation upon such reasonable terms
and conditions as it may require. Notwithstanding the provisions of
G.S. 15A 1342(c) or any other statute or law, probation may be imposed
under this section for an offense under this Article for which the prescribed
punishment includes only a fine. To fulfill the terms and conditions of
probation the court may allow the defendant to participate in a drug education
program approved for this purpose by the Department of Health and Human Services.
Services or in the Treatment for Effective Community Supervision Program under
Article 6B of Chapter 143B of the General Statutes. Upon violation of a
term or condition, the court may enter an adjudication of guilt and proceed as
otherwise provided. Upon fulfillment of the terms and conditions, the court
shall discharge such person and dismiss the proceedings against him. Discharge
and dismissal under this section shall be without court adjudication of guilt
and shall not be deemed a conviction for purposes of this section or for
purposes of disqualifications or disabilities imposed by law upon conviction of
a crime including the additional penalties imposed for second or subsequent
convictions under this Article. Discharge and dismissal under this section or
G.S. 90 113.14 may occur only once with respect to any person. Disposition
of a case to determine discharge and dismissal under this section at the
district court division of the General Court of Justice shall be final for the
purpose of appeal. Prior to taking any action to discharge and dismiss under
this section the court shall make a finding that the defendant has no record of
previous convictions under the "North Carolina Controlled Substances
Act", Article 5, Chapter 90, the "North Carolina Toxic Vapors
Act", Article 5A, Chapter 90, or the "Drug Paraphernalia Act",
Article 5B, Chapter 90.
…
(d) Whenever any
person is charged with a misdemeanor under this Article by possessing a
controlled substance included within Schedules II I through VI of
this Article or a felony under G.S. 90-95(a)(3) by possessing less than
one gram of cocaine, G.S. 90-95(a)(3), upon dismissal by the
State of the charges against such person, upon entry of a nolle prosequi, or
upon a finding of not guilty or other adjudication of innocence, the person may
be eligible to apply for expunction of certain records relating to the offense
pursuant to G.S. 15A-145.2(b).
(e) Whenever any
person who has not previously been convicted of an offense under this Article
or under any statute of the United States or any state relating to controlled
substances included in any schedule of this Article or to that paraphernalia
included in Article 5B of Chapter 90 of the General Statutes pleads guilty to
or has been found guilty of (i) a misdemeanor under this Article by possessing
a controlled substance included within Schedules II I through VI
of this Article, or by possessing drug paraphernalia as prohibited by
G.S. 90-113.22 or (ii) a felony under G.S. 90-95(a)(3) by
possessing less than one gram of cocaine,G.S. 90-95(a)(3), the person
may be eligible to apply for cancellation of the judgment and expunction of
certain records related to the offense pursuant to G.S. 15A-145.2(c).
…."
SECTION 5.(b) G.S. 15A-145.2 reads as rewritten:
"§ 15A-145.2. Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses.
…
(b) Whenever any
person is charged with a misdemeanor under Article 5 of Chapter 90 of the
General Statutes by possessing a controlled substance included within Schedules
II I through VI of Article 5 of Chapter 90 of the General
Statutes or a felony under G.S. 90-95(a)(3) by possessing less than one
gram of cocaine, G.S. 90-95(a)(3), upon dismissal by the State
of the charges against the person, upon entry of a nolle prosequi, or upon a
finding of not guilty or other adjudication of innocence, such person may apply
to the court for an order to expunge from all official records all recordation
relating to his or her arrest, indictment or information, or trial. If the
court determines, after hearing, that such person was not over 21 years of age
at the time the offense for which the person was charged occurred, it shall
enter such order. The clerk shall notify State and local agencies of the
court's order as provided in G.S. 15A-150. No person as to whom such order
has been entered shall be held thereafter under any provision of any law to be
guilty of perjury or otherwise giving a false statement by reason of the
person's failures to recite or acknowledge such arrest, or indictment or
information, or trial in response to any inquiry made of him or her for any
purpose.
(c) Whenever any
person who has not previously been convicted of an offense under Article 5 of
Chapter 90 of the General Statutes or under any statute of the United States or
any state relating to controlled substances included in any schedule of Article
5 of Chapter 90 of the General Statutes or to that paraphernalia included in
Article 5B of Chapter 90 of the General Statutes pleads guilty to or has been
found guilty of (i) a misdemeanor under Article 5 of Chapter 90 of the General
Statutes by possessing a controlled substance included within Schedules II I
through VI of Article 5 of Chapter 90 of the General Statutes or by
possessing drug paraphernalia as prohibited by G.S. 90-113.22 or (ii) a
felony under G.S. 90-95(a)(3) by possessing less than one gram of
cocaine, G.S. 90-95(a)(3), the court may, upon application of
the person not sooner than 12 months after conviction, order cancellation of
the judgment of conviction and expunction of the records of the person's
arrest, indictment or information, trial, and conviction. A conviction in which
the judgment of conviction has been canceled and the records expunged pursuant
to this subsection shall not be thereafter deemed a conviction for purposes of
this subsection or for purposes of disqualifications or liabilities imposed by
law upon conviction of a crime, including the additional penalties imposed for
second or subsequent convictions of Article 5 of Chapter 90 of the General
Statutes. Cancellation and expunction under this subsection may occur only once
with respect to any person. Disposition of a case under this subsection at the
district court division of the General Court of Justice shall be final for the
purpose of appeal.
The granting of an application filed under this subsection shall cause the issue of an order to expunge from all official records, other than the confidential files retained under G.S. 15A-151, all recordation relating to the petitioner's arrest, indictment or information, trial, finding of guilty, judgment of conviction, cancellation of the judgment, and expunction of records pursuant to this subsection.
The judge to whom the petition is presented is authorized to
call upon a probation officer for additional investigation or verification of
the petitioner's conduct since conviction. If the court determines that the
petitioner was convicted of (i) a misdemeanor under Article 5 of Chapter 90 of
the General Statutes for possessing a controlled substance included within
Schedules II I through VI of Article 5 of Chapter 90 of the
General Statutes or for possessing drug paraphernalia as prohibited in
G.S. 90-113.22 or (ii) a felony under G.S. 90-95(a)(3) for
possession of less than one gram of cocaine, G.S. 90-95(a)(3), that
the petitioner was not over 21 years of age at the time of the offense, that
the petitioner has been of good behavior since his or her conviction, that the
petitioner has successfully completed a drug education program approved for
this purpose by the Department of Health and Human Services, and that the
petitioner has not been convicted of a felony or misdemeanor other than a
traffic violation under the laws of this State at any time prior to or since
the conviction for the offense in question, it shall enter an order of
expunction of the petitioner's court record. The effect of such order shall be
to restore the petitioner in the contemplation of the law to the status the
petitioner occupied before arrest or indictment or information or conviction.
No person as to whom such order was entered shall be held thereafter under any
provision of any law to be guilty of perjury or otherwise giving a false
statement by reason of the person's failures to recite or acknowledge such
arrest, or indictment or information, or conviction, or trial in response to
any inquiry made of him or her for any purpose. The judge may waive the
condition that the petitioner attend the drug education school if the judge
makes a specific finding that there was no drug education school within a
reasonable distance of the defendant's residence or that there were specific
extenuating circumstances which made it likely that the petitioner would not
benefit from the program of instruction.
The court shall also order all law enforcement agencies, the Department of Correction, the Division of Motor Vehicles, and any other State or local agencies identified by the petitioner as bearing records of the conviction and records relating thereto to expunge their records of the conviction. The clerk shall notify State and local agencies of the court's order as provided in G.S. 15A-150."
SECTION 5.(c) Article 81B of Chapter 15A of the General Statutes is amended by adding new section to read:
"§ 15A-1340.18. Advanced supervised release.
(a) Definitions. - For the purposes of this section, the following definitions apply:
(1) "Advanced supervised release" or "ASR" means release from prison and placement on post-release supervision under this section.
(2) "Eligible defendant" means a defendant convicted and sentenced based upon any of the following felony classes and prior record levels:
a. Class D, Prior Record Level I-III.
b. Class E, Prior Record Level I-IV.
c. Class F, Prior Record Level I-V.
d. Class G, Prior Record Level I-VI.
e. Class H, Prior Record Level I-VI.
(3) "Risk reduction incentive" is a sentencing condition which, upon successful completion during incarceration, results in a prisoner being placed on ASR.
(b) The Department of Correction is authorized to create risk reduction incentives consisting of treatment, education, and rehabilitative programs. The incentives shall be designed to reduce the likelihood that the prisoner who receives the incentive will reoffend.
(c) The court, in its discretion and without objection from the prosecutor, may include a risk reduction incentive or incentives in sentencing an eligible defendant.
(d) The court shall impose a sentence calculated pursuant to Article 81B of the General Statutes. The ASR date shall be the shortest mitigated sentence for the offense at the offender's prior record level. If the court utilizes the mitigated range in sentencing the defendant, then the ASR date shall be eighty percent (80%) of the minimum sentence imposed.
(e) The defendant shall be notified at sentencing that if the defendant completes the risk reduction incentives as identified by the Department, then he or she will be released on the ASR date. If the Department determines that the defendant is unable to complete the incentives by the ASR date, through no fault of the defendant, then the defendant shall be released at the ASR date.
(f) Termination from the risk reduction incentive program shall result in the nullification of the ASR date, and the defendant's release date shall be calculated based upon the adjudged sentence. A prisoner who has completed the risk reduction incentives prior to the ASR date may have the ASR date nullified due to noncompliance with Department rules or regulations.
(g) The Department shall adopt policies and procedures for the assessment to occur at diagnostic processing, for documentation of the inmate's progress, and for termination from the incentive program due to a lack of progress or a pattern of noncompliance in the program or with other Department rules or regulations."
SECTION 5.(d) G.S. 15A-1340.13(d) reads as rewritten:
"(d) Service of Minimum
Required; Earned Time Authorization. - An offender sentenced to an active
punishment shall serve the minimum term imposed. imposed, except as
provided in G.S. 15A-1340.18. The maximum term may be reduced to, but
not below, the minimum term by earned time credits awarded to an offender by
the Department of Correction or the custodian of the local confinement
facility, pursuant to rules adopted in accordance with law."
SECTION 5.(e) This section becomes effective January 1, 2012, and applies to persons entering a plea or who are found guilty of an offense on or after that date.
PART VI. REFOCUS CRIMINAL JUSTICE PARTNERSHIP PROGRAM
SECTION 6.(a) Article 6A of Chapter 143B of the General Statutes is repealed.
SECTION 6.(b) Chapter 143B of the General Statutes is amended by adding a new Article to read:
"Article 6B.
"Treatment for Effective Community Supervision Program.
"§ 143B-274. Short title.
This Article is the "Treatment for Effective Community Supervision Act of 2011" and may be cited by that name.
"§ 143B-274.1. Legislative policy.
The policy of the General Assembly with respect to the Treatment for Effective Community Supervision Program is to support the use of evidence-based practices to reduce recidivism and to promote coordination between State and community-based corrections programs.
"§ 143B-274.2. Definitions.
The following definitions apply in this Article:
(1) Certified and licensed. - North Carolina Substance Abuse Professional Practice Board certified or licensed substance abuse professionals or Department of Health and Human Services licensed agencies.
(2) Department. - The Department of Correction.
(3) Division. - The Department of Correction, Division of Community Corrections.
(4) Eligible entity. - A local or regional government, a nongovernmental entity, or collaborative partnership that demonstrates capacity to provide services that address the criminogenic needs of offenders.
(5) Program. - A community-based corrections program.
(6) Secretary. - The Secretary of the Department of Correction.
(7) State Board. - The State Community Corrections Advisory Board.
"§ 143B-274.3. Goals of community-based corrections programs funded under this Article.
The goals of community-based programs funded under this Article are to reduce recidivism and to reduce the rate of probation and post-release supervision revocations from the rate in the 2009-2010 fiscal year.
"§ 143B-274.4. Eligible population.
(a) An eligible offender is an adult offender who was convicted of a misdemeanor or a felony offense or is sentenced under the conditional discharge program as defined in G.S. 90-96 and meets any one of the following criteria:
(1) Received a nonincarcerative sentence of a community punishment.
(2) Received a nonincarcerative sentence of an intermediate punishment.
(3) Is serving a term of parole or post-release supervision after serving an active sentence of imprisonment.
(b) The priority populations for programs funded under this Article shall be offenders:
(1) Convicted of a felony or offenders sentenced under G.S. 90-96 conditional discharge for a felony offense; and
(2) Identified by the Department of Correction using a validated risk assessment instrument to have a high likelihood of reoffending and a moderate to high need for substance abuse treatment.
"§ 143B-274.5. Duties of Department of Correction.
(a) In addition to those otherwise provided by law, the Department of Correction shall have the following duties:
(1) To enter into contractual agreements with eligible entities for the operation of community-based corrections programs and monitor compliance with those agreements.
(2) To develop the minimum program standards, policies, and rules for community-based corrections programs and to consult with the Department of Health and Human Services on those standards, policies, and rules that are applicable to licensed and credentialed substance abuse services.
(3) To monitor, oversee, and evaluate contracted service providers.
(4) To act as an information clearinghouse regarding community-based corrections programs.
(5) To collaborate with the Department of Health and Human Services on focusing treatment resources on high-risk and moderate to high need offenders on probation, parole, and post-release supervision.
(b) The Department of Correction Division of Community Corrections shall develop and publish a recidivism reduction plan for the State that accomplishes the following:
(1) Articulates a goal of reducing revocations among people on probation and post-release supervision by twenty percent (20%) from the rate in the 2009-2010 fiscal year.
(2) Identifies the number of people on probation and post-release supervision in each county that are in the priority population and have a likely need for substance abuse and/or mental health treatment, employment, education, and/or housing.
(3) Identifies the program models that research has shown to be effective at reducing recidivism for the target population and ranks those programs based on their cost-effectiveness.
(4) Propose a plan to fund the provision of the most cost-effective programs and services across the State. The plan shall describe the number and types of programs and/or services to be funded in each region of the State, and how that program capacity compares with the needs of the target population in that region.
(c) The Department of Correction shall report by March 1 of each year to the Chairs of the Senate and House Appropriations Committees, the Senate and House Appropriations Subcommittees on Justice and Public Safety, and the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee on the status of the Treatment for Effective Community Supervision Program. The report shall include the following information:
(1) The dollar amount and purpose of funds provided on a contractual basis to service providers for the previous fiscal year.
(2) An analysis of offender participation data received, including the following:
a. The number of people on probation and post-release supervision that are in the priority population that received services.
b. The number of people on probation and post-release supervision that are in the priority population that did not receive services.
c. The number of people on probation and post-release supervision outside of the priority population that received services.
d. The type of services provided to these populations.
e. The rate of revocations and successful completions for people who received services.
f. Other measures as determined appropriate.
(3) The dollar amount needed to provide additional services to meet the needs of the priority population in the upcoming budget year.
(4) Details of personnel, travel, contractual, operating, and equipment expenditures for each program type.
"§ 143B-274.6. Contract for services.
(a) The Department of Correction shall contract with service providers through a competitive procurement process to provide community-based services to offenders on probation, parole, or post-release supervision.
(b) Contracts for substance abuse treatment services shall be awarded to certified or licensed substance abuse professionals and appropriately licensed agencies to provide services and use practices that have a demonstrated evidence base.
(c) The Department of Correction, in partnership with the Department of Health and Human Services, shall develop standard service definitions and performance measures for substance abuse and aftercare support services for inclusion in the contracts.
(d) The percentage of funds received by a service provider that may be used for administrative purposes is up to fifteen percent (15%).
"§ 143B-274.7. State Community Corrections Advisory Board.
(a) The State Board shall act as an advisory body to the Secretary with regard to this Article. The State Board shall consist of 23 members as follows, to be appointed as provided in subsection (b) of this section:
(1) A member of the Senate.
(2) A member of the House of Representatives.
(3) A judge of the Superior Court.
(4) A judge of the district court.
(5) A district attorney.
(6) A criminal defense attorney.
(7) A county sheriff.
(8) A chief of a city police department.
(9) Two county commissioners, one from a predominantly urban county and one from a predominantly rural county.
(10) A representative of an existing community-based corrections program.
(11) A member of the public who has been the victim of a crime.
(12) Two rehabilitated ex-offenders.
(13) A member of the business community.
(14) Three members of the general public, one of whom is a person recovering from chemical dependency or who is a previous consumer of substance abuse treatment services.
(15) A victim service provider.
(16) A member selected from each of the following service areas: mental health, substance abuse, and employment and training.
(17) A clerk of superior court.
(b) The membership of the State Board shall be selected as follows:
(1) The Governor shall appoint the following members: the county sheriff, the chief of a city police department, the member of the public who has been the victim of a crime, a rehabilitated ex-offender, and the members selected from each of the service areas.
(2) The Lieutenant Governor shall appoint the following members: the member of the business community, one member of the general public who is a person recovering from chemical dependency or who is a previous consumer of substance abuse treatment services, and the victim service provider.
(3) The Chief Justice of the North Carolina Supreme Court shall appoint the following members: the superior court judge, the district court judge, the district attorney, the clerk of superior court, the criminal defense attorney, and the representative of an existing community-based corrections program.
(4) The President Pro Tempore of the Senate shall appoint the following members: the member of the Senate, the county commissioner from a predominantly urban county, and one member of the general public.
(5) The Speaker of the House of Representatives shall appoint the following members: the member of the House of Representatives, the county commissioner from a predominantly rural county, and one member of the general public.
In appointing the members of the State Board, the appointing authorities shall make every effort to ensure fair geographic representation of the State Board membership and to ensure that minority persons and women are fairly represented.
(c) The initial members shall serve staggered terms, one-third shall be appointed for a term of one year, one-third shall be appointed for a term of two years, and one-third shall be appointed for a term of three years. The members identified in subdivisions (1) through (7) of subsection (a) of this section shall be appointed initially for a term of one year. The members identified in subdivisions (8) through (13) in subsection (a) of this section shall be appointed initially for a term of two years. The members identified in subdivisions (14) through (16) of subsection (a) of this section shall each be appointed for a term of three years. The additional member identified in subdivision (17) in subsection (a) of this section shall be appointed initially for a term of three years.
At the end of their respective terms of office their successors shall be appointed for terms of three years. A vacancy occurring before the expiration of the term of office shall be filled in the same manner as original appointments for the remainder of the term. Members may be reappointed without limitation.
(d) Each appointing authority shall have the power to remove a member it appointed from the State Board for misfeasance, malfeasance, or nonfeasance.
(e) The members of the State Board shall, within 30 days after the last initial appointment is made, meet and elect one member as Chair and one member as Vice-Chair.
(f) The State Board shall meet at least quarterly and may also hold special meetings at the call of the Chair. For purposes of transacting business, a majority of the membership shall constitute a quorum.
(g) Any member who has an interest in a governmental agency or unit or private nonprofit agency which is applying for a Treatment for Effective Community Supervision Program contract or which has received a contract and which is the subject of an inquiry or vote by a contract oversight committee, shall publicly disclose that interest on the record and shall take no part in discussion or have any vote in regard to any matter directly affecting that particular grant applicant or grantee. "Interest" in a grant applicant or grantee means a formal and direct connection to the entity, including, but not limited to, employment, partnership, serving as an elected official, board member, director, officer, or trustee, or being an immediate family member of someone who has such a connection to the grant applicant or grantee.
(h) The members of the State Board shall serve without compensation but shall be reimbursed for necessary travel and subsistence expenses.
"§ 143B-274.8. State Community Corrections Advisory Board; powers and duties.
(a) The State Community Corrections Advisory Board, as defined under this Article has the following duties and responsibilities:
(1) To review the criteria for monitoring and evaluating community-based corrections programs.
(2) To recommend community-based corrections program priorities.
(3) To review the minimum program standards, policies, and rules for community-based corrections programs.
(4) To review the evaluation of programs funded by this Article.
"§ 143B-274.9. Sentencing and Policy Advisory Commission report.
The Sentencing and Policy Advisory Commission shall report by April 30 of each even-numbered year to the General Assembly and the Governor on recidivism rates for offenders on probation, parole, and post-release supervision participating in programming funded through this Article according to risk level.
"§ 143B-274.10. Program types eligible for funding; community-based corrections programs.
Based on the prioritized populations in G.S. 143B-274.4(b), program types eligible for funding may include, but are not limited to, the following:
(1) Substance abuse treatment services, to include co-occurring substance abuse and mental health disorder services, residential, intensive outpatient, outpatient, peer support, and relapse prevention.
(2) Cognitive behavioral programming and other evidence-based programming deemed to be the most cost-effective method to reduce criminogenic needs identified by the risk/needs assessment."
SECTION 6.(c) This section becomes effective July 1, 2011.
PART VII. MISDEMEANANTS TO SERVE SENTENCES IN JAIL
SECTION 7.(a) Article 81B of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A-1340.24. Local government confinement facility; sentence.
A defendant convicted solely on a misdemeanor or misdemeanor charges under this Article, with an imposed sentence less any time credited for time served that results in a period of confinement of six months or less, shall serve the period of confinement in a local confinement facility."
SECTION 7.(b) G.S. 148-32.1(b) reads as rewritten:
"(b) In the event that the
custodian of the local confinement facility certifies in writing to the clerk
of the superior court in the county in which said local confinement facility is
located that the local confinement facility is filled to capacity, or that the
facility cannot reasonably accommodate any more prisoners due to segregation
requirements for particular prisoners, or that the custodian anticipates, in
light of local experiences, an influx of temporary prisoners at that time, or
if the local confinement facility does not meet the minimum standards published
pursuant to G.S. 153A-221, any judge of the district court in the district
court district as defined in G.S. 7A-133 where the facility is located, or
any superior court judge who has jurisdiction pursuant to G.S. 7A-47.1 or
G.S. 7A-48 in a district or set of districts as defined in G.S. 7A-41.1
where the facility is located may order that the prisoner be transferred to any
other qualified local confinement facility within that district or within
another such district where space is available, including a satellite jail unit
operated pursuant to G.S. 153A-230.3 if the prisoner is a non-violent
misdemeanant, which local facility shall accept the transferred prisoner, if
the prison population has exceeded a manageable level as provided for in
G.S. 148-4.1(a). If no such local confinement facility is available, then
any such judge may order the prisoner transferred to such camp or facility as
the proper authorities of the Department of Correction shall designate,
notwithstanding that the term of imprisonment of the prisoner is 90 days six
months or less. In no event, however, shall a prisoner whose term of
imprisonment is less than 3090 days be assigned or ordered
transferred to any such camp or facility."
SECTION 7.(c) G.S. 15A-1352(a) reads as rewritten:
"(a) A person sentenced
to imprisonment for a misdemeanor under this Article or for nonpayment of a
fine under Article 84 of this Chapter shall be committed for the term
designated by the court to the custody of the Department of Correction or to a
local confinement facility. If the sentence imposed for a misdemeanor less
any time credited for time served that results in a period of confinement of is
for a period of 90 days six months or less, the commitment must be
to a facility other than one maintained by the Department of Correction, except
as provided in G.S. 148-32.1(b).
If a person is sentenced to imprisonment for a misdemeanor under this Article or for nonpayment of a fine under Article 84 of this Chapter, the sentencing judge shall make a finding of fact as to whether the person would be suitable for placement in a county satellite jail/work release unit operated pursuant to G.S. 153A-230.3. If the sentencing judge makes a finding of fact that the person would be suitable for placement in a county satellite jail/work release unit and the person meets the requirements listed in G.S. 153A-230.3(a)(1), then the custodian of the local confinement facility may transfer the misdemeanant to a county satellite jail/work release unit."
PART VIII. ANNUAL REPORT
SECTION 8. Article 4 of chapter 164 of the General Statutes is amended to add a new section to read:
"§ 164-50. Annual report on implementation of Justice Reinvestment Project.
The Judicial Department, through the North Carolina Sentencing and Policy Advisory Commission, and the Department of Correction shall jointly conduct ongoing evaluations regarding the implementation of the recommendations of the Justice Reinvestment Project. The commission shall present the first evaluation report to the Joint Legislative Correction, Crime Control, and Juvenile Justice Oversight Committee and to the Chairs of the Senate and House of Representatives Appropriations Subcommittees on Justice and Public Safety by April 15, 2012, and future reports shall be made annually by April 15 of each year."
PART IX. TITLE
SECTION 9. This act shall be known as "The Justice Reinvestment Act of 2011."
PART X. EFFECTIVE DATE
SECTION 10. Except as otherwise provided in this act, this act is effective when it becomes law. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.