GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2012-188
HOUSE BILL 1021
AN ACT to clarify certain provisions of the justice reinvestment act.
The General Assembly of North Carolina enacts:
SECTION 1.(a) 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 Section of Community Corrections of the Division of Adult Correction of the Department of Public Safety may require an offender sentenced to community punishment 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.
(2) Report to the offender's probation officer on a frequency to be determined by the officer.
(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 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.
(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 Section 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 Section 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, except that the condition at subdivision (5) of this subsection may not be imposed unless the Section determines that the offender failed to comply with one or more of the conditions imposed by the court. Nothing in this section shall be construed to limit the availability of the procedures authorized under G.S. 15A-1345.
The Division 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 have counsel at
the hearing, 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, theThe probationer may be confined
for the period designated on the violation report.report upon the
execution of a waiver of rights signed by the probationer and by two officers
acting as witnesses. Those two witnesses shall be the probation officer and
another officer to be designated by the Chief of the Community Corrections
Section in written Division policy."
SECTION 1.(b) 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 Section of Community Corrections of the Division of Adult Correction of the Department of Public Safety may require an offender sentenced to intermediate punishment 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.
(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.
(3) Submit to substance abuse assessment, monitoring or treatment.
(4) Participate in an educational or vocational skills development 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 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.
(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 Section 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 Section 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, except that the condition at subdivision (6) of this subsection may not be imposed unless the Section determines that the offender failed to comply with one or more of the conditions imposed by the court. Nothing in this section shall be construed to limit the availability of the procedures authorized under G.S. 15A-1345.
The Division 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 have counsel at
the hearing, 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, theThe probationer may be confined
for the period designated on the violation report.report upon the
execution of a waiver of rights signed by the probationer and by two officers
acting as witnesses. Those two witnesses shall be the probation officer and
another officer to be designated by the Chief of the Community Corrections
Section in written Division policy."
SECTION 2. G.S. 15A-1344(d2) reads as rewritten:
"(d2)
Confinement in Response to Violation. - When a defendant under supervision
for a felony conviction 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.confinement. 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 on a defendant under supervision for a felony
conviction is 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.
When a defendant under supervision for a misdemeanor conviction 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 period of confinement of up to 90 days. 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. 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 3. G.S. 15A-1343(a1) 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:
(1) House arrest with electronic monitoring.
(2)
Perform community service.service and pay the fee prescribed by law
for this supervision.
(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.
(4) Substance abuse assessment, monitoring, or treatment.
(5) Participation in an educational or vocational skills development program, including an evidence-based program.
(6) 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 4. 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) 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 their maximum imposed 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 Class B1 through E felons may be returned to prison up to the time remaining on their maximum imposed terms. Reimprisonment for a violation under this subdivision tolls the running of the period of supervised release, except that a supervisee shall not be rereleased on post-release supervision if the supervisee has served all the time remaining on the supervisee's maximum imposed term.
(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 Division of Adult Correction of the Department of Public Safety 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 5. G.S. 90-95(h) reads as rewritten:
"(h) Notwithstanding any other provision of law, the following provisions apply except as otherwise provided in this Article.
(1) Any person who sells, manufactures, delivers, transports, or possesses in excess of 10 pounds (avoirdupois) of marijuana shall be guilty of a felony which felony shall be known as "trafficking in marijuana" and if the quantity of such substance involved:
a.
Is in excess of 10 pounds, but less than 50 pounds, such person shall be
punished as a Class H felon and shall be sentenced to a minimum term of 25
months and a maximum term of 30 39 months in the State's prison
and shall be fined not less than five thousand dollars ($5,000);
b.
Is 50 pounds or more, but less than 2,000 pounds, such person shall be punished
as a Class G felon and shall be sentenced to a minimum term of 35 months and a
maximum term of 42 51 months in the State's prison and shall be
fined not less than twenty-five thousand dollars ($25,000);
c.
Is 2,000 pounds or more, but less than 10,000 pounds, such person shall be
punished as a Class F felon and shall be sentenced to a minimum term of 70
months and a maximum term of 84 93 months in the State's prison
and shall be fined not less than fifty thousand dollars ($50,000);
d.
Is 10,000 pounds or more, such person shall be punished as a Class D felon and
shall be sentenced to a minimum term of 175 months and a maximum term of 219
222 months in the State's prison and shall be fined not less than
two hundred thousand dollars ($200,000).
(1a) For the purpose of this subsection, a "dosage unit" shall consist of 3 grams of synthetic cannabinoid or any mixture containing such substance. Any person who sells, manufactures, delivers, transports, or possesses in excess of 50 dosage units of a synthetic cannabinoid or any mixture containing such substance, shall be guilty of a felony, which felony shall be known as "trafficking in synthetic cannabinoids," and if the quantity of such substance involved:
a.
Is in excess of 50 dosage units, but less than 250 dosage units, such person
shall be punished as a Class H felon and shall be sentenced to a minimum term
of 25 months and a maximum term of 30 39 months in the State's
prison and shall be fined not less than five thousand dollars ($5,000);
b.
Is 250 dosage units or more, but less than 1250 dosage units, such person shall
be punished as a Class G felon and shall be sentenced to a minimum term of 35
months and a maximum term of 42 51 months in the State's prison
and shall be fined not less than twenty-five thousand dollars ($25,000);
c.
Is 1250 dosage units or more, but less than 3750 dosage units, such person
shall be punished as a Class F felon and shall be sentenced to a minimum term
of 70 months and a maximum term of 84 93 months in the State's
prison and shall be fined not less than fifty thousand dollars ($50,000);
d.
Is 3750 dosage units or more, such person shall be punished as a Class D felon
and shall be sentenced to a minimum term of 175 months and a maximum term of 219
222 months in the State's prison and shall be fined not less than
two hundred thousand dollars ($200,000).
(2) Any person who sells, manufactures, delivers, transports, or possesses 1,000 tablets, capsules or other dosage units, or the equivalent quantity, or more of methaqualone, or any mixture containing such substance, shall be guilty of a felony which felony shall be known as "trafficking in methaqualone" and if the quantity of such substance or mixture involved:
a.
Is 1,000 or more dosage units, or equivalent quantity, but less than 5,000
dosage units, or equivalent quantity, such person shall be punished as a Class
G felon and shall be sentenced to a minimum term of 35 months and a maximum
term of 42 51 months in the State's prison and shall be fined not
less than twenty-five thousand dollars ($25,000);
b.
Is 5,000 or more dosage units, or equivalent quantity, but less than 10,000 dosage
units, or equivalent quantity, such person shall be punished as a Class F felon
and shall be sentenced to a minimum term of 70 months and a maximum term of 84
93 months in the State's prison and shall be fined not less than
fifty thousand dollars ($50,000);
c.
Is 10,000 or more dosage units, or equivalent quantity, such person shall be
punished as a Class D felon and shall be sentenced to a minimum term of 175
months and a maximum term of 219 222 months in the State's prison
and shall be fined not less than two hundred thousand dollars ($200,000).
(3) Any person who sells, manufactures, delivers, transports, or possesses 28 grams or more of cocaine and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof, or any coca leaves and any salt, isomer, salts of isomers, compound, derivative, or preparation of coca leaves, and any salt, isomer, salts of isomers, compound, derivative or preparation thereof which is chemically equivalent or identical with any of these substances (except decocainized coca leaves or any extraction of coca leaves which does not contain cocaine) or any mixture containing such substances, shall be guilty of a felony, which felony shall be known as "trafficking in cocaine" and if the quantity of such substance or mixture involved:
a.
Is 28 grams or more, but less than 200 grams, such person shall be punished as
a Class G felon and shall be sentenced to a minimum term of 35 months and a
maximum term of 42 51 months in the State's prison and shall be
fined not less than fifty thousand dollars ($50,000);
b.
Is 200 grams or more, but less than 400 grams, such person shall be punished as
a Class F felon and shall be sentenced to a minimum term of 70 months and a
maximum term of 84 93 months in the State's prison and shall be
fined not less than one hundred thousand dollars ($100,000);
c.
Is 400 grams or more, such person shall be punished as a Class D felon and
shall be sentenced to a minimum term of 175 months and a maximum term of 219
222 months in the State's prison and shall be fined at least two
hundred fifty thousand dollars ($250,000).
(3a) Repealed by Session Laws 1999-370, s. 1, effective December 1, 1999.
(3b) Any person who sells, manufactures, delivers, transports, or possesses 28 grams or more of methamphetamine or any mixture containing such substance shall be guilty of a felony which felony shall be known as "trafficking in methamphetamine" and if the quantity of such substance or mixture involved:
a.
Is 28 grams or more, but less than 200 grams, such person shall be punished as
a Class F felon and shall be sentenced to a minimum term of 70 months and a
maximum term of 84 93 months in the State's prison and shall be
fined not less than fifty thousand dollars ($50,000);
b.
Is 200 grams or more, but less than 400 grams, such person shall be punished as
a Class E felon and shall be sentenced to a minimum term of 90 months and a
maximum term of 117 120 months in the State's prison and shall be
fined not less than one hundred thousand dollars ($100,000);
c.
Is 400 grams or more, such person shall be punished as a Class C felon and
shall be sentenced to a minimum term of 225 months and a maximum term of 279
282 months in the State's prison and shall be fined at least two
hundred fifty thousand dollars ($250,000).
(3c) Any person who sells, manufactures, delivers, transports, or possesses 28 grams or more of amphetamine or any mixture containing such substance shall be guilty of a felony, which felony shall be known as "trafficking in amphetamine", and if the quantity of such substance or mixture involved:
a.
Is 28 grams or more, but less than 200 grams, such person shall be punished as
a Class H felon and shall be sentenced to a minimum term of 25 months and a
maximum term of 30 39 months in the State's prison and shall be
fined not less than five thousand dollars ($5,000);
b.
Is 200 grams or more, but less than 400 grams, such person shall be punished as
a Class G felon and shall be sentenced to a minimum term of 35 months and a
maximum term of 42 51 months in the State's prison and shall be
fined not less than twenty-five thousand dollars ($25,000);
c.
Is 400 grams or more, such person shall be punished as a Class E felon and
shall be sentenced to a minimum term of 90 months and a maximum term of 117 120
months in the State's prison and shall be fined at least one hundred
thousand dollars ($100,000).
(3d) Any person who sells, manufactures, delivers, transports, or possesses 28 grams or more of MDPV or any mixture containing such substance shall be guilty of a felony, which felony shall be known as "trafficking in MDPV," and if the quantity of such substance or mixture involved:
a.
Is 28 grams or more, but less than 200 grams, such person shall be punished as
a Class F felon and shall be sentenced to a minimum term of 70 months and a
maximum term of 84 93 months in the State's prison and shall be
fined not less than fifty thousand dollars ($50,000);
b.
Is 200 grams or more, but less than 400 grams, such person shall be punished as
a Class E felon and shall be sentenced to a minimum term of 90 months and a
maximum term of 117 120 months in the State's prison and shall be
fined not less than one hundred thousand dollars ($100,000);
c.
Is 400 grams or more, such person shall be punished as a Class C felon and
shall be sentenced to a minimum term of 225 months and a maximum term of 279
282 months in the State's prison and shall be fined at least two
hundred fifty thousand dollars ($250,000).
(3e) Any person who sells, manufactures, delivers, transports, or possesses 28 grams or more of mephedrone or any mixture containing such substance shall be guilty of a felony, which felony shall be known as "trafficking in mephedrone," and if the quantity of such substance or mixture involved:
a.
Is 28 grams or more, but less than 200 grams, such person shall be punished as
a Class F felon and shall be sentenced to a minimum term of 70 months and a
maximum term of 84 93 months in the State's prison and shall be
fined not less than fifty thousand dollars ($50,000);
b.
Is 200 grams or more, but less than 400 grams, such person shall be punished as
a Class E felon and shall be sentenced to a minimum term of 90 months and a
maximum term of 117 120 months in the State's prison and shall be
fined not less than one hundred thousand dollars ($100,000);
c.
Is 400 grams or more, such person shall be punished as a Class C felon and shall
be sentenced to a minimum term of 225 months and a maximum term of 279 282
months in the State's prison and shall be fined at least two hundred fifty
thousand dollars ($250,000).
(4) Any person who sells, manufactures, delivers, transports, or possesses four grams or more of opium or opiate, or any salt, compound, derivative, or preparation of opium or opiate (except apomorphine, nalbuphine, analoxone and naltrexone and their respective salts), including heroin, or any mixture containing such substance, shall be guilty of a felony which felony shall be known as "trafficking in opium or heroin" and if the quantity of such controlled substance or mixture involved:
a.
Is four grams or more, but less than 14 grams, such person shall be punished as
a Class F felon and shall be sentenced to a minimum term of 70 months and a
maximum term of 84 93 months in the State's prison and shall be
fined not less than fifty thousand dollars ($50,000);
b.
Is 14 grams or more, but less than 28 grams, such person shall be punished as a
Class E felon and shall be sentenced to a minimum term of 90 months and a
maximum term of 117 120 months in the State's prison and shall be
fined not less than one hundred thousand dollars ($100,000);
c.
Is 28 grams or more, such person shall be punished as a Class C felon and shall
be sentenced to a minimum term of 225 months and a maximum term of 279 282
months in the State's prison and shall be fined not less than five hundred
thousand dollars ($500,000).
(4a) Any person who sells, manufactures, delivers, transports, or possesses 100 tablets, capsules, or other dosage units, or the equivalent quantity, or more, of Lysergic Acid Diethylamide, or any mixture containing such substance, shall be guilty of a felony, which felony shall be known as "trafficking in Lysergic Acid Diethylamide". If the quantity of such substance or mixture involved:
a.
Is 100 or more dosage units, or equivalent quantity, but less than 500 dosage
units, or equivalent quantity, such person shall be punished as a Class G felon
and shall be sentenced to a minimum term of 35 months and a maximum term of 42
51 months in the State's prison and shall be fined not less than
twenty-five thousand dollars ($25,000);
b.
Is 500 or more dosage units, or equivalent quantity, but less than 1,000 dosage
units, or equivalent quantity, such person shall be punished as a Class F felon
and shall be sentenced to a minimum term of 70 months and a maximum term of 84
93 months in the State's prison and shall be fined not less than
fifty thousand dollars ($50,000);
c.
Is 1,000 or more dosage units, or equivalent quantity, such person shall be
punished as a Class D felon and shall be sentenced to a minimum term of 175
months and a maximum term of 219 222 months in the State's prison
and shall be fined not less than two hundred thousand dollars ($200,000).
(4b) Any person who sells, manufactures, delivers, transports, or possesses 100 or more tablets, capsules, or other dosage units, or 28 grams or more of 3,4-methylenedioxyamphetamine (MDA), including its salts, isomers, and salts of isomers, or 3,4-methylenedioxymethamphetamine (MDMA), including its salts, isomers, and salts of isomers, or any mixture containing such substances, shall be guilty of a felony, which felony shall be known as "trafficking in MDADMA." If the quantity of the substance or mixture involved:
a.
Is 100 or more tablets, capsules, or other dosage units, but less than 500
tablets, capsules, or other dosage units, or 28 grams or more, but less than
200 grams, the person shall be punished as a Class G felon and shall be
sentenced to a minimum term of 35 months and a maximum term of 42 51 months
in the State's prison and shall be fined not less than twenty-five thousand
dollars ($25,000);
b.
Is 500 or more tablets, capsules, or other dosage units, but less than 1,000
tablets, capsules, or other dosage units, or 200 grams or more, but less than
400 grams, the person shall be punished as a Class F felon and shall be
sentenced to a minimum term of 70 months and a maximum term of 84 93 months
in the State's prison and shall be fined not less than fifty thousand dollars
($50,000);
c.
Is 1,000 or more tablets, capsules, or other dosage units, or 400 grams or more,
the person shall be punished as a Class D felon and shall be sentenced to a
minimum term of 175 months and a maximum term of 219 222 months
in the State's prison and shall be fined not less than two hundred fifty
thousand dollars ($250,000).
(5) Except as provided in this subdivision, a person being sentenced under this subsection may not receive a suspended sentence or be placed on probation. The sentencing judge may reduce the fine, or impose a prison term less than the applicable minimum prison term provided by this subsection, or suspend the prison term imposed and place a person on probation when such person has, to the best of his knowledge, provided substantial assistance in the identification, arrest, or conviction of any accomplices, accessories, co-conspirators, or principals if the sentencing judge enters in the record a finding that the person to be sentenced has rendered such substantial assistance.
(6) Sentences imposed pursuant to this subsection shall run consecutively with and shall commence at the expiration of any sentence being served by the person sentenced hereunder."
SECTION 6. G.S. 15A-1368.1 reads as rewritten:
"§ 15A-1368.1. Applicability of Article 84A.
This Article applies to all felons
sentenced to an active punishment under Article 81B of this Chapter,Chapter
or G.S. 90-95(h), 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 7. G.S. 143B-720 is amended by adding a new subsection to read:
"(f) The Commission may conduct the following proceedings by videoconference:
(1) All hearings regarding the revocation or termination of post-release supervision and all hearings regarding revocation, termination, or suspension of parole.
(2) All hearings regarding criminal contempt for willful refusal to accept post-release supervision or comply with the terms of post-release supervision by a prisoner whose offense requiring post-release supervision is a reportable conviction subject to the registration requirement of Article 27A of Chapter 14 of the General Statutes."
SECTION 8. Section 4 of this act is effective when it becomes law and applies to supervisees violating the conditions of post-release supervision on or after that date. Sections 5 and 6 of this act become effective December 1, 2012, and apply to offenses committed on or after that date. Section 7 of this act becomes effective December 1, 2012. The remainder of this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 28th day of June, 2012.
s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 3:50 p.m. this 16th day of July, 2012