GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

 

 

SESSION LAW 2011-412

HOUSE BILL 335

 

 

AN ACT TO DIRECT THE DEPARTMENT OF CORRECTION AND THE DEPARTMENT OF PUBLIC SAFETY TO STUDY CONTRACTING FOR MAINTENANCE SERVICES AT PRISON FACILITIES AND TO TEMPORARILY LIMIT EXPANSION OF PRIVATE MAINTENANCE CONTRACTS AT PRISON FACILITIES; TO MAKE CLARIFYING CHANGES TO CERTAIN PROBATION STATUTES AND TO THE JUSTICE REINVESTMENT ACT; TO MAKE CLARIFYING CHANGES TO THE LAW RELATING TO PROVISIONAL DRIVERS LICENSES, MAKING A CHANGE TO THE BUDGET TECHNICAL CORRECTIONS BILL AND A TECHNICAL CHANGE TO S.L. 2011-313; TO PROVIDE BONDSMAN ACCESS TO CRIMINAL COURT RECORDS; to authorize additional connections to water supply lines funded by the clean water and natural gas critical needs bond act of 1998; and TO clarify the qualifications of public members of the north carolina home INSPECTOR licensure board.

 

The General Assembly of North Carolina enacts:

 

PART I. MAINTENANCE OF PRISONS

SECTION 1.1.  The Department of Correction shall study the potential benefits and costs of contracting for maintenance services at prison facilities and report its findings to the 2013 Session of the General Assembly. The Department shall not expand private maintenance contracts to additional prison facilities unless authorized by the 2013 Session of the General Assembly.

SECTION 1.2.  Effective January 1, 2012, Section 1.1 of this act reads as rewritten:

"SECTION 1.1. The Department of Correction Public Safety shall study the potential benefits and costs of contracting for maintenance services at prison facilities and report its findings to the 2013 Session of the General Assembly. The Department shall not expand private maintenance contracts to additional prison facilities unless authorized by the 2013 Session of the General Assembly."

 

PART II. JUSTICE REINVESTMENT/CLARIFICATIONS

SECTION 2.1.  Effective December 1, 2011, G.S. 15A-1343(b)(2), as amended by Section 1 of S.L. 2011-62, reads as rewritten:

"(b)      Regular Conditions. - As regular conditions of probation, a defendant must:

…

(2)        Remain accessible to the probation officer by making the defendant's whereabouts known to the officer and not leave the county of residence or the State of North Carolina within the jurisdiction of the court unless granted written permission to leave by the court or his probation officer.

…."

SECTION 2.2.  Effective December 1, 2011, Section 4 of S.L. 2011-62 reads as rewritten:

"SECTION 4. This act becomes effective December 1, 2011, and applies to persons placed on probation on or after that date.2011. Sections 1 and 2 of this act apply to offenses committed on or after December 1, 2011. Section 3 of this act applies to persons placed on probation on or after December 1, 2011."

SECTION 2.3.(a)  G.S. 15A-1343(a1)(3), as enacted by Section 1(c) of S.L. 2011-192, reads as rewritten:

"(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:

…

(3)        Submission to a period or periods of confinement in a local confinement facility for a total of no more than six days per month during any three separate months during the period of probation. The six days per month confinement provided for in this subdivision may only be imposed as two-day or three-day consecutive periods. When a defendant is on probation for multiple judgments, confinement periods imposed under this subdivision shall run concurrently and may total no more than six days per month.

…."

SECTION 2.3.(b)  G.S. 15A-1343.2(e)(5), as enacted by Section 1(d) of S.L. 2011-192, 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 do any of the following:

…

(5)        Submit to a period or periods of confinement in a local confinement facility for a total of no more than six days per month during any three separate months during the period of probation. The six days per month confinement provided for in this subdivision may only be imposed as two-day or three-day consecutive periods. When a defendant is on probation for multiple judgments, confinement periods imposed under this subdivision shall run concurrently and may total no more than six days per month.

…."

SECTION 2.3.(c)  G.S. 15A-1343.2(f)(6), as enacted by Section 1(e) of S.L. 2011-192, 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 do any of the following:

…

(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 during any three separate months during the period of probation. The six days per month confinement provided for in this subdivision may only be imposed as two-day or three-day consecutive periods. When a defendant is on probation for multiple judgments, confinement periods imposed under this subdivision shall run concurrently and may total no more than six days per month.

…."

SECTION 2.3.(d)  G.S. 15A-1344(d2), as enacted by Section 4(c) of S.L. 2011-192, reads as rewritten:

"(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 for a defendant under supervision for a felony conviction or a period of confinement of up to 90 days for a defendant under supervision for a misdemeanor conviction. The court may not revoke probation unless the defendant has previously received a total of two periods of confinement under this subsection. A defendant may receive only two periods of confinement under this subsection. If the time remaining on the defendant's maximum imposed sentence is less than 90 days, 90 days or less, then the term of confinement is for the remaining period of the sentence. Confinement under this section shall be credited pursuant to G.S. 15-196.1.

If a defendant is arrested for violation of a condition of probation and is lawfully confined to await a hearing for the violation, then the judge shall first credit any confinement time spent awaiting the hearing to any confinement imposed under this subsection; any excess time shall be credited to the activated sentence. The period of confinement imposed under this subsection on a defendant who is on probation for multiple offenses shall run concurrently on all cases related to the violation. Confinement shall be immediate unless otherwise specified by the court.

A defendant shall serve any confinement imposed under this subsection in the correctional facility where the defendant would have served an active sentence."

SECTION 2.3.(e)  Subsection (d) of this section becomes effective December 1, 2011, and applies to probation violations occurring on or after that date.  The remainder of this section becomes effective December 1, 2011, and applies to offenses committed on or after that date.

SECTION 2.4.(a)  G.S. 15A-1340.17(e), as amended by Section 2(f) of S.L. 2011-192, 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.

15-30             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

327-405 328-408328-406 329-407       330-408      331-410      332-411      333-412       334-413

335-414       336-416       337-417       338-418     339-419".

SECTION 2.4.(b)  This section becomes effective December 1, 2011, and applies to offenses committed on or after that date.

SECTION 2.5.  Section 4(d) of S.L. 2011-192 reads as rewritten:

"SECTION 4.(d)  This Subsection (a) of this section is becomes effective December 1, 2011, and applies to offenses committed on or after that date. Subsections (b) and (c) of this section become effective December 1, 2011, and apply to probation violations occurring on or after that date."

SECTION 2.6.(a)  G.S. 15A-145.2(c), as amended by Section 5(b) of S.L. 2011-192, reads as rewritten:

"(c)       Whenever any person who has not previously been convicted of (i) any felony offense under any state or federal laws; (ii) any offense under Chapter 90 of the General Statutes; or (iii) an offense under any statute of the United States or any state relating to controlled substances included in any schedule 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 this Article 5 of Chapter 90 of the General Statutes by possessing a controlled substance included within Schedules I through VI of Chapter 90, or by possessing drug paraphernalia as prohibited by G.S. 90-113.22 or (ii)pleads guilty to or has been found guilty of a felony under 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 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), that the petitioner has no disqualifying previous convictions as set forth in this subsection, 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 2.6.(b)  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.

SECTION 2.7.  Effective January 1, 2012, G.S. 15A-1340.18(c), as enacted by Section 5(c) of S.L. 2011-192, reads as rewritten:

"(c)       The When imposing an active sentence for an eligible defendant, the court, in its discretion and without objection from the prosecutor, may include a risk reduction incentive or incentives in sentencing an eligible defendant to an active sentence.order that the Department of Correction admit the defendant to the ASR program. The Department of Correction shall admit to the ASR program only those defendants for which ASR is ordered in the sentencing judgment."

SECTION 2.8.  Effective January 1, 2012, G.S. 15A-1340.18(e), as enacted by Section 5(c) of S.L. 2011-192, reads as rewritten:

"(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. date, as determined by the Department pursuant to the provisions of subsection (d) of this section. 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."

SECTION 2.9.  Except as otherwise provided, this Part becomes effective December 1, 2011.

 

PART III. TECHNICAL CORRECTIONS AND CLARIFICATION

SECTION 3.1.  G.S. 68-25(b1), as enacted by S.L. 2011-313, is repealed.

SECTION 3.2.  Section 6 of S.L. 2011-385 reads as rewritten:

"SECTION 6. Sections 1, 2, and 3 of this act become effective October 1, 2011, and apply to limited learner's permits and limited provisional licenses issued on or after that date. Section 1 of this act becomes effective October 1, 2011, and applies to persons issued a limited provisional license on or after that date. Section 2 of this act becomes effective January 1, 2012, and applies to persons issued a limited learner's permit on or after that date. Section 3 of this act becomes effective January 1, 2012, and applies to persons issued a limited provisional license on or after that date. Section 4 of this act becomes effective October 1, 2011, January 1, 2012, and applies to offenses committed on or after that date. The remainder of this act becomes effective October 1, 2011."

SECTION 3.3.  Section 20 of S.L. 2011-391 is repealed.

 

PART IV. BAIL BONDSMEN

SECTION 4.1.  Article 71 of Chapter 58 of the General Statutes is amended by adding a new section to read:

"§ 58-71-200.  Bondsman access to criminal court records.

(a)        In order to assist licensed sureties and their agents in evaluating potential and current clients for the purposes of bail, the Administrative Office of the Courts shall provide any individual with a current license to act as professional bondsman, surety bondsman, or runner with access to search criminal records in the Administrative Office of the Courts' real-time criminal information systems.

(b)        Access granted under subsection (a) of this section shall be limited to information systems containing general criminal case information, as maintained by the clerks of superior court. Access shall not include systems for the production of criminal process by law enforcement officials and judicial officials under G.S. 15A-301.1 or other information not subject to public disclosure.

(c)        Access provided pursuant to subsection (a) of this section shall be without charge for individual searches of the Administrative Office of the Courts' criminal information systems. In order to defray the costs of establishing access, the Administrative Office of the Courts shall charge initial setup fees equivalent to its fees for governmental agencies granted access to its systems to each individual granted access pursuant to subsection (a) of this section.

(d)        All hardware, software, telecommunications charges, or other expenditures required for such access shall be the sole responsibility of the individual bondsman or runner. No State funds may be expended for any such expenses.

(e)        The Commissioner shall coordinate the access granted under subsection (a) of this section by providing all information requested by the Administrative Office of the Courts for the establishment of access. The Administrative Office of the Courts shall not provide access to any bondsman or runner who fails to provide all information requested by the Commissioner.

(f)         The Commissioner shall notify the Administrative Office of the Courts within 24 hours of any action to suspend or revoke a bondsman's or runner's license or authority to act as a bondsman or runner. The Administrative Office of the Courts shall immediately revoke access of the suspended or revoked bondsman or runner to its criminal information systems.

(g)        The Administrative Office of the Courts shall provide to the Commissioner copies of its current policies for access to court information systems for users outside the Judicial Branch. Any bondsman or runner granted access pursuant to subsection (a) of this section shall adhere to all such policies. The Administrative Office of the Courts shall revoke access of any bondsman or runner who violates such policies.

(h)        It is unlawful for any person to willfully do any of the following:

(1)        For any person to access information systems of the Administrative Office of the Courts by means of an online identifier, as defined in G.S. 14-208.6(1n), that was assigned to another individual by the Administrative Office of the Courts pursuant to subsection (a) of this section.

(2)        For any bondsman or runner granted access pursuant to subsection (a) of this section to allow any other person, directly or indirectly, to make use of access granted to the bondsman or runner pursuant to subsection (a) of this section.

(3)        For any bondsman or runner granted access pursuant to subsection (a) of this section to make use of that access at any time when the bondsman or runner knows or has reason to know that his or her license issued under this Article is in a state of suspension or revocation.

(4)        For any bondsman or runner granted access pursuant to subsection (a) of this section to distribute, in any medium or manner, information obtained from the information systems of the Administrative Office of the Courts to any person for any reason not directly related to the evaluation of the individual to whom the information pertains for the purposes of bail.

Unless the conduct is covered under some other provision of law providing for a greater punishment, any violation of this subsection shall be a Class H felony."

SECTION 4.2.(a)  Section 8 of S.L. 2011-377 is repealed.

SECTION 4.2.(b)  G.S. 15A-544.5(d)(4) reads as rewritten:

"(4)      If neither the district attorney nor the board of education has filed a written objection to the motion by the twentieth day after the motion is served, served by the clerk of superior court pursuant to Rule 4 of the Rules of Civil Procedure, the clerk shall enter an order setting aside the forfeiture. forfeiture, regardless of the basis for relief asserted in the motion, the evidence attached, or the absence of either."

SECTION 4.2.(c)  G.S. 15A-544.5(d)(4), as amended by Section 4.2(b) of this act, reads as rewritten:

"(4)      If neither the district attorney nor the attorney for the board of education has filed a written objection to the motion by the twentieth day after a copy of the motion is served,served by the clerk of superior court pursuant to Rule 4 of the Rules of Civil Procedure, the clerk shall enter an order setting aside the forfeiture, regardless of the basis for relief asserted in the motion, the evidence attached, or the absence of either."

 

PART V. WATER SUPPLY LINES

SECTION 5.  Notwithstanding Section 5.1(b) of S.L. 1998-132, the Secretary of Environment and Natural Resources shall grant a waiver to allow additional connections to a bond-funded waterline within an area designated as WS-I or the critical area of any area that has been designated as WS-II, WS-III, or WS-IV by the Environmental Management Commission pursuant to G.S. 143-214.5, provided the design capacity and size of the existing bond-funded waterline can accommodate the additional connections and the purpose of the additional connection is for either of the following reasons:

(1)        To address an existing threat to public health or water quality.

(2)        To provide water to a habitable structure located on a lot zoned for a single-family residence. There is no requirement that the habitable structure existed on the lot at the time of the construction of the bond-funded waterline.

 

PART VI. HOME INSPECTOR LICENSURE BOARD CLARIFICATION

SECTION 6.  G.S. 143-151.46(a)(1) reads as rewritten:

"(a)       Membership. - The North Carolina Home Inspector Licensure Board is established in the Department of Insurance. The Board shall be composed of the Commissioner of Insurance or the Commissioner's designee and seven additional members appointed as follows:

(1)        A public member who is not actively engaged in one of the professional categories in subdivisions (2) through (4) of this subsection, appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives.

…."

 

SECTION 7.  Except as otherwise provided herein, this act is effective when it becomes law.

In the General Assembly read three times and ratified this the 14th day of September, 2011.

 

 

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

 

 

                                                                    s/  Thom Tillis

                                                                         Speaker of the House of Representatives

 

 

This bill having been presented to the Governor for signature on the 15th day of September, 2011 and the Governor having failed to approve it within the time prescribed by law, the same is hereby declared to have become a law.  This 15th  day of October, 2011.

 

 

                                                                    s/  Karen Jenkins

                                                                         Enrolling Clerk