GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

SESSION LAW 2011-254

HOUSE BILL 629

AN ACT to authorize screening and assessing for chemical dependency for defendants ordered to submit to residential treatment at the black mountain substance abuse treatment center for WOMEN, to provide that a defendant may be required to participate in treatment ordered by the court for its duration regardless of the length of the suspended sentence IMPOSED, AND BY AUTHORIZING THE NORTH CAROLINA SUBSTANCE ABUSE PROFESSIONAL PRACTICE BOARD TO ADOPT RULES RELATED TO THE APPROVAL OF SUBSTANCE ABUSE SPECIALTY CURRICULA.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 15A-1343(b3) reads as rewritten:

"(b3)    Screening and Assessing for Chemical Dependency. - A defendant ordered to submit to a period of residential treatment in the Drug Alcohol Recovery Treatment program (DART) or the Black Mountain Substance Abuse Treatment Center for Women operated by the Department of Correction must undergo a screening to determine chemical dependency. If the screening indicates the defendant is chemically dependent, the court shall order an assessment to determine the appropriate level of treatment. The assessment may be conducted either before or after the court imposes the condition, but participation in the program shall be based on the results of the assessment."

SECTION 2.  G.S. 15A-1343(b1) reads as rewritten:

"(b1)    Special Conditions. - In addition to the regular conditions of probation specified in subsection (b), the court may, as a condition of probation, require that during the probation the defendant comply with one or more of the following special conditions:

(1)        Undergo available medical or psychiatric treatment and remain in a specified institution if required for that purpose. Notwithstanding the provisions of G.S. 15A-1344(e) or any other provision of law, the defendant may be required to participate in such treatment for its duration regardless of the length of the suspended sentence imposed.

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SECTION 3.  G.S. 90-113.33(9) reads as rewritten:

"(9)      Adopt any rules necessary to carry out the purpose of this Article and its duties and responsibilities pursuant to this Article. Article, including rules related to the approval of a substance abuse specialty curricula developed by a school, college, or university."

SECTION 4.  Section 2 of this act becomes effective December 1, 2011, and applies to persons sentenced on or after that date. The remainder of this act is effective when it becomes law.

In the General Assembly read three times and ratified this the 16^th day of June, 2011.

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

                                                                    s/  Thom Tillis

                                                                         Speaker of the House of Representatives

                                                                    s/  Beverly E. Perdue

                                                                         Governor

Approved 1:44 p.m. this 23^rd day of June, 2011