FILED SENATE
Apr 3, 2023
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 492
SESSION 2023 PRINCIPAL CLERK
S D
SENATE BILL DRS45201-ND-122B
Short Title: Modify Provisions Affecting Adult Correction.-AB (Public)
Sponsors: Senators Britt and Daniel (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MODIFY LAWS CONCERNING ADULT CORRECTION, AS
3 RECOMMENDED BY THE DEPARTMENT OF ADULT CORRECTION.
4 The General Assembly of North Carolina enacts:
5
6 EXPAND AVAILABLE METHODS OF DRUG AND ALCOHOL SCREENING OF
7 PROBATIONERS
8 SECTION 1.(a) G.S. 15A-1343(b) reads as rewritten:
9 "(b) Regular Conditions. – As regular conditions of probation, a defendant must:
10 …
11 (16) Supply a breath, urine, or blood specimen Submit to drug and alcohol
12 screening for analysis of the possible presence of prohibited drugs or alcohol
13 when instructed by the defendant's probation officer for purposes directly
14 related to the probation supervision. If the results of the analysis are positive,
15 the probationer may be required to reimburse the Division of Community
16 Supervision and Reentry of the Department of Adult Correction for the actual
17 costs of drug or alcohol screening and testing.
18 …
19 In addition to these regular conditions of probation, a defendant required to serve an active
20 term of imprisonment as a condition of special probation pursuant to G.S. 15A-1344(e) or
21 G.S. 15A-1351(a) shall, as additional regular conditions of probation, obey the rules and
22 regulations of the Division of Prisons of the Department of Adult Correction and, if applicable,
23 the Division of Juvenile Justice of the Department of Public Safety, governing the conduct of
24 inmates while imprisoned and report to a probation officer in the State of North Carolina within
25 72 hours of his discharge from the active term of imprisonment.
26 Regular conditions of probation apply to each defendant placed on supervised probation
27 unless the presiding judge specifically exempts the defendant from one or more of the conditions
28 in open court and in the judgment of the court. It is not necessary for the presiding judge to state
29 each regular condition of probation in open court, but the conditions must be set forth in the
30 judgment of the court.
31 Defendants placed on unsupervised probation are subject to the provisions of this subsection,
32 except that defendants placed on unsupervised probation are not subject to the regular conditions
33 contained in subdivisions (2), (3), (6), (8), (13), (14), (15), (16) and (17) of this subsection."
34 SECTION 1.(b) This section becomes effective August 1, 2023, and applies to drug
35 and alcohol screening performed on or after that date.
36
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 General Assembly Of North Carolina Session 2023
1 INCLUDE PROHIBITION OF FIREARM AMMUNITION IN REGULAR
2 CONDITIONS OF PROBATION, POST-RELEASE SUPERVISION, AND PAROLE
3 SECTION 2.(a) G.S. 15A-1343(b), as amended by Section 1 of this act, reads as
4 rewritten:
5 "(b) Regular Conditions. – As regular conditions of probation, a defendant must:
6 …
7 (5) Possess no firearm, firearm ammunition, explosive device or other deadly
8 weapon listed in G.S. 14-269 without the written permission of the court.
9 …."
10 SECTION 2.(b) G.S. 15A-1368.4(e) reads as rewritten:
11 "(e) Controlling Conditions. – Appropriate controlling conditions, violation of which may
12 result in revocation of post-release supervision, are:
13 …
14 (4) Not possess a Possess no firearm, destructive firearm ammunition, explosive
15 device, or other dangerous deadly weapon listed in G.S. 14-269 unless granted
16 written permission by the Commission or a post-release supervision
17 officer.Commission.
18 …."
19 SECTION 2.(c) G.S. 15A-1374(b) reads as rewritten:
20 "(b) Appropriate Conditions. – As conditions of parole, the Commission may require that
21 the parolee comply with one or more of the following conditions:
22 …
23 (5) Refrain from possessing a Possess no firearm, destructive firearm
24 ammunition, explosive device, or other dangerous deadly weapon listed in
25 G.S. 14-269 unless granted written permission by the Commission or the
26 parole officer.Commission.
27 …."
28
29 EXPAND DELEGATED AUTHORITY RELATED TO SPECIAL PROBATION
30 SECTION 3.(a) G.S. 15A-1343.2 reads as rewritten:
31 "§ 15A-1343.2. Special probation rules for persons sentenced under Article 81B.certain
32 persons.
33 (a) Applicability. – This section applies only to persons sentenced under Article 81B and
34 Article 82 of this Chapter.Chapter, as well as those sentenced pursuant to Chapter 20 and Chapter
35 90 of the General Statutes.
36 …
37 (e) Delegation to Probation Officer in Community Punishment. – Unless the presiding
38 judge specifically finds in the judgment of the court that delegation is not appropriate, the
39 Division of Community Supervision and Reentry of the Department of Adult Correction may
40 require an offender sentenced to community punishment to do any of the following:
41 …
42 If the Division imposes any of the above requirements, then it may subsequently reduce or
43 remove those same requirements.
44 The probation officer may exercise authority delegated to him or her by the court pursuant to
45 subsection (e) of this section after administrative review and approval by a Chief Probation
46 Officer. The offender may file a motion with the court to review the action taken by the probation
47 officer. The offender shall be given notice of the right to seek such a court review. However, the
48 offender shall have no right of review if he or she has signed a written waiver of rights as required
49 by this subsection. The Division may exercise any authority delegated to it under this subsection
50 only if it first determines that the offender has failed to comply with one or more of the conditions
51 of probation imposed by the court or the offender is determined to be high risk based on the
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 General Assembly Of North Carolina Session 2023
1 results of the risk assessment in G.S. 15A-1343.2, except that the condition at subdivision (5) of
2 this subsection may not be imposed unless the Division determines that the offender failed to
3 comply with one or more of the conditions imposed by the court. of probation. Nothing in this
4 section shall be construed to limit the availability of the procedures authorized under
5 G.S. 15A-1345.
6 The Division shall adopt guidelines and procedures to implement the requirements of this
7 section, which shall include a supervisor's approval prior to exercise of the delegation of authority
8 authorized by this section. Prior to imposing confinement pursuant to subdivision (5) of this
9 subsection, the probationer must first be presented with a violation report, with the alleged
10 violations noted and advised of the right (i) to a hearing before the court on the alleged violation,
11 with the right to present relevant oral and written evidence; (ii) to have counsel at the hearing,
12 and that one will be appointed if the probationer is indigent; (iii) to request witnesses who have
13 relevant information concerning the alleged violations; and (iv) to examine any witnesses or
14 evidence. The probationer may be confined for the period designated on the violation report upon
15 the execution of a waiver of rights signed by the probationer and by two officers acting as
16 witnesses. Those two witnesses shall be the probation officer and another officer to be designated
17 by the Director Deputy Secretary of the Division of Community Supervision and Reentry in
18 written Division policy.
19 (e1) Delegation to Probation Officer for Supervision for Conditional Discharge and
20 Deferred Prosecution. – Unless the presiding judge specifically finds in the judgment of the court
21 that delegation is not appropriate, the Division of Community Supervision and Reentry of the
22 Department of Adult Correction may require an offender placed on supervised probation for a
23 conditional discharge or a deferred prosecution to comply with any of the conditions in
24 subsection (e) of this section, with the exception of subdivision (5) of that subsection. If the
25 Division of Community Supervision and Reentry imposes any of the above requirements, then it
26 may subsequently reduce or remove those same requirements.
27 The probation officer may exercise authority delegated to the probation officer by the court
28 pursuant to this subsection after administrative review and approval by a chief probation officer.
29 The offender may file a motion with the court to review the action taken by the probation officer.
30 The offender shall be given notice of the right to seek such a court review. The Division of
31 Community Supervision and Reentry may exercise any authority delegated to it under this
32 subsection only if it first determines that the offender has failed to comply with one or more of
33 the conditions of probation or the offender is determined to be high risk based on the results of a
34 validated instrument to assess each probationer for risk of reoffending. Nothing in this section
35 shall be construed to limit the availability of the procedures authorized under G.S. 15A-1345.
36 (f) Delegation to Probation Officer in Intermediate Punishments. – Unless the presiding
37 judge specifically finds in the judgment of the court that delegation is not appropriate, the
38 Division of Community Supervision and Reentry of the Department of Adult Correction may
39 require an offender sentenced to intermediate punishment to do any of the following:
40 …
41 (6) Submit to a period or periods of confinement in a local confinement facility
42 for a total of no more than six days per month during any three separate
43 months during the period of probation. The six days per month confinement
44 provided for in this subdivision may only be imposed as two-day or three-day
45 consecutive periods. When a defendant is on probation for multiple
46 judgments, confinement periods imposed under this subdivision shall run
47 concurrently and may total no more than six days per month. If the person
48 being ordered to a period or periods of confinement is under the age of 18,
49 that person must be confined in a detention facility approved by the Division
50 of Juvenile Justice of the Department of Public Safety to provide secure
51 confinement and care for juveniles or to a holdover facility as defined in
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 General Assembly Of North Carolina Session 2023
1 G.S. 7B-1501(11). If the person being ordered to a period or periods of
2 confinement reaches the age of 18 years while in confinement, the person may
3 be transported by personnel of the Division of Juvenile Justice, or personnel
4 approved by the Division of Juvenile Justice, to the custody of the sheriff of
5 the applicable local confinement facility.
6 …
7 If the Division of Community Supervision and Reentry imposes any of the above
8 requirements, then it may subsequently reduce or remove those same requirements.
9 The probation officer may exercise authority delegated to him or her by the court pursuant to
10 subsection (f) of this section after administrative review and approval by a Chief Probation
11 Officer. The offender may file a motion with the court to review the action taken by the probation
12 officer. The offender shall be given notice of the right to seek such a court review. However, the
13 offender shall have no right of review if he or she has signed a written waiver of rights as required
14 by this subsection. The Division may exercise any authority delegated to it under this subsection
15 only if it first determines that the offender has failed to comply with one or more of the conditions
16 of probation imposed by the court or the offender is determined to be high risk based on the
17 results of the risk assessment in G.S. 15A-1343.2, except that the condition at subdivision (6) of
18 this subsection may not be imposed unless the Division determines that the offender failed to
19 comply with one or more of the conditions imposed by the court. of probation. Nothing in this
20 section shall be construed to limit the availability of the procedures authorized under
21 G.S. 15A-1345.
22 The Division shall adopt guidelines and procedures to implement the requirements of this
23 section, which shall include a supervisor's approval prior to exercise of the delegation of authority
24 authorized by this section. Prior to imposing confinement pursuant to subdivision (6) of this
25 subsection, the probationer must first be presented with a violation report, with the alleged
26 violations noted and advised of the right (i) to a hearing before the court on the alleged violation,
27 with the right to present relevant oral and written evidence; (ii) to have counsel at the hearing,
28 and that one will be appointed if the probationer is indigent; (iii) to request witnesses who have
29 relevant information concerning the alleged violations; and (iv) to examine any witnesses or
30 evidence. The probationer may be confined for the period designated on the violation report upon
31 the execution of a waiver of rights signed by the probationer and by two officers acting as
32 witnesses. Those two witnesses shall be the probation officer and another officer to be designated
33 by the Director Deputy Secretary of the Division of Community Supervision and Reentry in
34 written Division policy.
35 …."
36 SECTION 3.(b) G.S. 20-179 is amended by adding a new subsection to read:
37 "(k5) Delegation to Probation Officer. – Unless the presiding judge specifically finds in the
38 judgement of the court that delegation is not appropriate, the Division of Community Supervision
39 and Reentry of the Department of Adult Correction may require an offender sentenced pursuant
40 to subsection (f3), (g), (h), (i), (j), or (k) of this section and placed on supervised probation to do
41 any of the following:
42 (1) Perform up to 20 hours of community services and pay the applicable
43 supervision fee prescribed by law.
44 (2) Report to the offender's probation officer on a frequency to be determined by
45 the officer.
46 (3) Submit to substance abuse assessment, monitoring, or treatment.
47 (4) Submit to house arrest with electronic monitoring.
48 (5) Submit to a period or periods of confinement in a local confinement facility
49 for a total of no more than six days per month during any three separate
50 months during the period of probation. The six days per month confinement
51 provided for in this subdivision may only be imposed as two-day or three-day
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 General Assembly Of North Carolina Session 2023
1 consecutive periods. When a defendant is on probation for multiple
2 judgments, confinement periods imposed under this subdivision shall run
3 concurrently and may total no more than six days per month. If the person
4 being ordered to a period or periods of confinement is under the age of 18,
5 that person must be confined in a detention facility approved by the Division
6 of Juvenile Justice of the Department of Public Safety to provide secure
7 confinement and care for juveniles or to a holdover facility as defined in
8 G.S. 7B-1501(11). If the person being ordered to a period or periods of
9 confinement reaches the age of 18 years while in confinement, the person may
10 be transported by personnel of the Division of Juvenile Justice, or personnel
11 approved by the Division of Juvenile Justice, to the custody of the sheriff of
12 the applicable local confinement facility.
13 (6) Submit to a curfew which requires the offender to remain in a specified place
14