GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

H 3

HOUSE BILL 253

Committee Substitute Favorable 4/15/15
Third Edition Engrossed 4/16/15

Short Title: Justice Reinvestment Act Changes.-AB		(Public)
Sponsors:
Referred to:

March 18, 2015

A BILL TO BE ENTITLED

AN ACT to amend provisions of the justice reinvestment act.

The General Assembly of North Carolina enacts:

PART I. ADD WAIVER OF EXTRADITION AS REGULAR CONDITION OF PROBATION/FILE WAIVER WITH CLERK OF SUPERIOR COURT

SECTION 1. G.S. 15A‑1343 reads as rewritten:

"§ 15A‑1343. Conditions of probation.

…

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

(1) Commit no criminal offense in any jurisdiction.

(2) Remain within the jurisdiction of the court unless granted written permission to leave by the court or his probation officer.

(3) Report as directed by the court or his probation officer to the officer at reasonable times and places and in a reasonable manner, permit the officer to visit him at reasonable times, answer all reasonable inquiries by the officer and obtain prior approval from the officer for, and notify the officer of, any change in address or employment.

(3a) Not abscond by willfully avoiding supervision or by willfully making the defendant's whereabouts unknown to the supervising probation officer, if the defendant is placed on supervised probation.

(4) Satisfy child support and other family obligations as required by the court. If the court requires the payment of child support, the amount of the payments shall be determined as provided in G.S. 50‑13.4(c).

(5) Possess no firearm, explosive device or other deadly weapon listed in G.S. 14‑269 without the written permission of the court.

(6) Pay a supervision fee as specified in subsection (c1).

(7) Remain gainfully and suitably employed or faithfully pursue a course of study or of vocational training that will equip him for suitable employment. A defendant pursuing a course of study or of vocational training shall abide by all of the rules of the institution providing the education or training, and the probation officer shall forward a copy of the probation judgment to that institution and request to be notified of any violations of institutional rules by the defendant.

(8) Notify the probation officer if he fails to obtain or retain satisfactory employment.

(9) Pay the costs of court, any fine ordered by the court, and make restitution or reparation as provided in subsection (d).

(10) Pay the State of North Carolina for the costs of appointed counsel, public defender, or appellate defender to represent him in the case(s) for which he was placed on probation.

(11) Repealed by Session Laws 2011‑62, s. 1, as amended by Session Laws 2011‑412, s. 2.2, effective December 1, 2011, and applicable to offenses committed on or after December 1, 2011.

(12) Attend and complete an abuser treatment program if (i) the court finds the defendant is responsible for acts of domestic violence and (ii) there is a program, approved by the Domestic Violence Commission, reasonably available to the defendant, unless the court finds that such would not be in the best interests of justice. A defendant attending an abuser treatment program shall abide by all of the rules of the program.

a. If the defendant is placed on supervised probation, the following procedures apply:

1. The probation officer shall forward a copy of the judgment, including all conditions of probation, to the abuser treatment program.

2. The program shall notify the probation officer if the defendant fails to participate in the program or if the defendant is discharged from the program for violating any of the program rules.

3. If the defendant fails to participate in the program or is discharged from the program for failure to comply with the program or its rules, the probation officer shall file a violation report with the court and notify the district attorney of such noncompliance.

b. If the defendant is placed on unsupervised probation, the following procedures apply:

1. The defendant shall be required to notify the district attorney and the abuser treatment program of their choice of program within 10 days of the judgment if the program has not previously been selected.

2. The district attorney shall forward a copy of the judgment, including all conditions of probation, to the abuser treatment program.

3. If the defendant fails to participate in the program or is discharged from the program for failure to comply with the program or its rules, the program shall notify the district attorney of such noncompliance.

(13) Submit at reasonable times to warrantless searches by a probation officer of the probationer's person and of the probationer's vehicle and premises while the probationer is present, for purposes directly related to the probation supervision, but the probationer may not be required to submit to any other search that would otherwise be unlawful.

(14) Submit to warrantless searches by a law enforcement officer of the probationer's person and of the probationer's vehicle, upon a reasonable suspicion that the probationer is engaged in criminal activity or is in possession of a firearm, explosive device, or other deadly weapon listed in G.S. 14‑269 without written permission of the court.

(15) Not use, possess, or control any illegal drug or controlled substance unless it has been prescribed for him or her by a licensed physician and is in the original container with the prescription number affixed on it; not knowingly associate with any known or previously convicted users, possessors, or sellers of any such illegal drugs or controlled substances; and not knowingly be present at or frequent any place where such illegal drugs or controlled substances are sold, kept, or used.

(16) Supply a breath, urine, or blood specimen for analysis of the possible presence of prohibited drugs or alcohol when instructed by the defendant's probation officer for purposes directly related to the probation supervision. If the results of the analysis are positive, the probationer may be required to reimburse the Division of Adult Correction of the Department of Public Safety for the actual costs of drug or alcohol screening and testing.

(17) Waive all rights relating to extradition proceedings if taken into custody outside of this State for failing to comply with the conditions imposed by the court upon a felony conviction.

In addition to these regular conditions of probation, a defendant required to serve an active term of imprisonment as a condition of special probation pursuant to G.S. 15A‑1344(e) or G.S. 15A‑1351(a) shall, as additional regular conditions of probation, obey the rules and regulations of the Division of Adult Correction of the Department of Public Safety governing the conduct of inmates while imprisoned and report to a probation officer in the State of North Carolina within 72 hours of his discharge from the active term of imprisonment.

Regular conditions of probation apply to each defendant placed on supervised probation unless the presiding judge specifically exempts the defendant from one or more of the conditions in open court and in the judgment of the court. It is not necessary for the presiding judge to state each regular condition of probation in open court, but the conditions must be set forth in the judgment of the court.

Defendants placed on unsupervised probation are subject to the provisions of this subsection, except that defendants placed on unsupervised probation are not subject to the regular conditions contained in subdivisions (2), (3), (6), (8), (13), (14), ~~and (15)~~(15), (16), and (17) of this subsection.

(c) Statement of Conditions. – A defendant released on supervised probation must be given a written statement explicitly setting forth the conditions on which he the defendant is being released. If any modification of the terms of that probation is subsequently made, he the defendant must be given a written statement setting forth the modifications.

Upon entry of an order of supervised probation by the court, a defendant shall submit to the Division of Adult Correction for filing with the clerk of superior court a signed document stating that:

(1) The defendant will comply with the conditions that have been imposed by the court.

(2) If the defendant fails to comply with the conditions imposed by the court and is taken into custody outside of this State, the defendant waives all rights relating to extradition proceedings if the defendant was convicted of a felony.

.…"

PART II. EXPAND DELEGATED AUTHORITY

SECTION 2.(a) G.S. 15A‑1343.2 reads as rewritten:

"§ 15A‑1343.2. Special probation rules for persons sentenced under Article 81B.

…

(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.

(8) Obtain a specific sex offender assessment and follow all recommended treatment.

(9) Obtain a mental health assessment and follow all recommended treatment.

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~~ this subsection 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.~~of probation. 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. The probationer may be confined for the period designated on the violation 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.

(e1) Delegation to Probation Officer for Supervision for Conditional Discharge and Deferred Prosecution. – 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 placed on supervised probation for a conditional discharge or a deferred prosecution to comply with any of the conditions in G.S. 15A‑1343.2(e) with the exception of subdivision (5) of that subsection. If the Section of Community Corrections 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 this subsection 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. The Section of Community Corrections 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 or the offender is determined to be high risk based on the results of a validated instrument to assess each probationer for risk of reoffending. Nothing in this section shall be construed to limit the availability of the procedures authorized under G.S. 15A‑1345.

(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, including continuous alcohol monitoring when abstinence from alcohol consumption has been specified as a term of probation.

(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.

(9) Obtain a specific sex offender assessment and follow all recommended treatment.

(10) Obtain a mental health assessment and follow all recommended treatment.

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~~ this subsection 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.~~of probation. 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. The probationer may be confined for the period designated on the violation 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.(b) G.S. 20‑179 is amended by adding a new subsection to read:

"(k5) Delegation to Probation Officer. – 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 Corrections of the Department of Public Safety may require an offender sentenced pursuant to subsections (f3), (g), (h), (i), (j), or (k) and placed on supervised probation 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.

(7) Participate in an educational or vocational skills development program, including an evidence‑based program.

(8) Obtain a specific sex offender assessment and follow all recommended treatment.

(9) Obtain a mental health assessment and follow all recommended treatment.

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 this subsection 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 or the offender is determined to be high risk based on the results of a validated instrument to assess each probationer for risk of reoffending, 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 of probation. 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. The probationer may be confined for the period designated on the violation 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 Director of the Community Corrections Section in written Division policy."

PART III. ALLOW PROBATION OFFICER TO IMPOSE CONDITIONS SIMILAR TO THOSE ALREADY IMPOSED THROUGH DELEGATED AUTHORITY IN SUPERVISED PROBATION CASES

SECTION 3.(a) G.S. 15A‑1368.4 is amended by adding a new subsection to read:

"(g) Delegation to Post‑Release Supervision Officer. – Unless the Commission specifically finds that delegation is not appropriate, the Section of Community Corrections of the Division of Adult Corrections of the Department of Public Safety may require a supervisee 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.

(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 house arrest with electronic monitoring.

(7) Report to the offender's probation officer on a frequency to be determined by the officer.

(8) Obtain a specific sex offender assessment and follow all recommended treatment.

(9) Obtain a mental health assessment and follow all recommended treatment.

If the Section imposes any of the above requirements, then it may subsequently reduce or remove those same requirements.

The post‑release supervision officer may exercise authority delegated to him or her by the Commission pursuant to this subsection after administrative review and approval by a Chief Probation Officer. The supervisee may request a Commission review of the action taken by the officer. The supervisee shall be given notice of the right to seek such a review. The Section may exercise any authority delegated to it under this subsection only if it first determines that the supervisee has failed to comply with one or more of the conditions of supervision or the supervisee is determined to be high risk based on a validated instrument to assess each supervisee for risk of reoffending. Nothing in this section shall be construed to limit the availability of the procedures authorized under G.S. 15A‑1368.6.

The Commission may also impose a condition of community service on a supervisee who was a Class F through I felon and who has failed to fully satisfy any order for restitution, reparation, or costs imposed against the supervisee as part of the supervisee's sentence; however, the Commission shall not impose such a condition of community service if the Commission determines, upon inquiry, that the supervisee has the financial resources to satisfy the order."

SECTION 3.(b) G.S. 15A‑1374 is amended by adding a new subsection to read:

"(e) Delegation to Parole Officer. – Unless the Commission specifically finds that delegation is not appropriate, the Section of Community Corrections of the Division of Adult Corrections of the Department of Public Safety may require a parolee 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.

(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 house arrest with electronic monitoring.

(7) Report to the offender's probation officer on a frequency to be determined by the officer.

(8) Obtain a specific sex offender assessment and follow all recommended treatment.

(9) Obtain a mental health assessment and follow all recommended treatment.

If the Section imposes any of the above requirements, then it may subsequently reduce or remove those same requirements.

The parole officer may exercise authority delegated to him or her by the Commission pursuant to this subsection after administrative review and approval by a Chief Probation Officer. The parolee may request a Commission review of the action taken by the parole officer. The parolee shall be given notice of the right to seek such a review. The Section may exercise any authority delegated to it under this subsection only if it first determines that the parolee has failed to comply with one or more of the conditions of supervision or the parolee is determined to be high risk based on a validated instrument to assess each parolee for risk of reoffending. Nothing in this section shall be construed to limit the availability of the procedures authorized under G.S. 15A‑1376.

PART IV. ELIMINATE CREDIT FOR TIME SPENT IN CUSTODY AS A RESULT OF POST‑RELEASE SUPERVISION OR PAROLE REVOCATION PROCEEDING AGAINST A THREE‑MONTH REIMPRISONMENT

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:

…

(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.~~G.S. 15A‑1368.6, unless as a result of a violation of the conditions, the supervisee is returned to prison for a three‑month period. The three‑month period shall not be reduced by credit for time already served. Any such credit shall be applied toward the maximum prison term.

.…"

PART V. ELIMINATE THE COMMUNITY CORRECTIONS BOARD AND CREATE THE JUSTICE REINVESTMENT COUNCIL

SECTION 5.(a) G.S. 143B‑1157 and G.S. 143B‑1158 are repealed.

SECTION 5.(b) Article 13 of Chapter 143 of the General Statutes is amended by adding a new section to read:

"§ 143‑1161. Justice Reinvestment Council.

(a) The Justice Reinvestment Council is established to act as an advisory body to the Commissioner of Adult Correction with regard to this Subpart. The Council shall consist of 13 members as follows, to be appointed as provided in subsection (b) of this section:

(1) Two members of the Senate.

(2) Two members 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) A victim service provider.

(10) A member selected to represent behavioral health services.

(11) A member selected to represent substance abuse treatment services.

(b) The membership of the Council 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 representing behavioral health services, and the member representing substance abuse treatment services.

(2) The Lieutenant Governor shall appoint 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, and the criminal defense attorney.

(4) The President Pro Tempore of the Senate shall appoint the two members of the Senate.

(5) The Speaker of the House shall appoint the two members of the House of Representatives.

In appointing the members of the Council, the appointing authorities shall make every effort to ensure fair geographic representation of the Council membership and to ensure that minority persons and women are fairly represented.

(c) The initial members shall serve staggered terms. The members identified in subdivisions (1) and (2) of subsection (a) of this section shall be appointed initially for a term of one year. The members identified in subdivisions (3) through (7) of subsection (a) of this section shall be appointed initially for a term of two years. The members identified in subdivisions (8) through (11) of subsection (a) of this section shall be appointed initially for a term of three years. The terms of office of the initial members appointed under this section commence effective October 1, 2015.

At the end of their respective terms of office, their successors shall be appointed for terms of three years effective July 1. 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) The purpose of the Justice Reinvestment Council in conjunction with the Department of Public Safety, Division of Adult Correction is to:

(1) Recommend policy enhancements to the Justice Reinvestment Act of 2011.

(2) Assist in the continued education of criminal justice system stakeholders.

(3) Support implementation of the Justice Reinvestment Act of 2011.

(4) Identify new initiatives that further implementation of the Justice Reinvestment Act of 2011 and the Adult Corrections Recidivism Reduction Plan."

PART VI. AUTHORIZE POST‑RELEASE SUPERVISION AND PAROLE PRELIMINARY HEARINGS TO BE CONDUCTED BY VIDEOCONFERENCE

SECTION 6.(a) G.S. 143B‑720 reads as rewritten:

"§ 143B‑720. Post‑Release Supervision and Parole Commission – creation, powers and duties.

…

(f) The Commission may conduct the following proceedings by videoconference:

(1) All hearings regarding ~~the revocation or termination~~violation of conditions of post‑release supervision and all hearings regarding ~~revocation, termination, or suspension~~violation of conditions 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.

(g) A hearing officer may conduct the following proceedings by videoconference:

(1) Preliminary hearings regarding violation of conditions of post‑release supervision.

(2) Preliminary hearings regarding violation of conditions of parole."

SECTION 6.(b) G.S. 15A‑1368.6 reads as rewritten:

"§ 15A‑1368.6. Arrest and hearing on post‑release supervision violation.

…

(b) When and Where Preliminary Hearing on Post‑Release Supervision Violation Required. – Unless the hearing required by subsection (e) of this section is first held or a continuance is requested by the supervisee, a preliminary hearing on supervision violation shall be held reasonably near the place of the alleged violation or arrest and within seven working days of the arrest of a supervisee to determine whether there is probable cause to believe that the supervisee violated a condition of post‑release supervision. The preliminary hearing for violations of post‑release supervision may be conducted by videoconference. Otherwise, the supervisee shall be released seven working days after arrest to continue on supervision pending a hearing. If the supervisee is not within the State, the preliminary hearing is as prescribed by G.S. 148‑65.1A.

…

(e) Revocation Hearing. – Before finally revoking post‑release supervision, the Commission shall, unless the supervisee waived the hearing or the time limit, provide a hearing within 45 days of the supervisee's reconfinement to determine whether to revoke supervision finally. For purposes of this subsection, the 45‑day period begins when the preliminary hearing required by subsection (b) of this section is held or waived, or upon the passage of seven working days after arrest, whichever is sooner. The revocation hearing for violations of post‑release supervision may be conducted by videoconference. The Commission shall adopt rules governing the hearing."

SECTION 6.(c) G.S. 15A‑1376 reads as rewritten:

"§ 15A‑1376. Arrest and hearing on parole violation.

(a) Arrest for Violation of Parole. – A parolee is subject to arrest by a law‑enforcement officer or a parole officer for violation of conditions of parole only upon the issuance of an order of temporary or conditional revocation of parole by the Post‑Release Supervision and Parole Commission. However, a parole revocation hearing under subsection (e) may be held without first arresting the parolee.

(b) When and Where Preliminary Hearing on Parole Violation Required. – Unless the hearing required by subsection (e) is first held or a continuance is requested by the parolee, a preliminary hearing on parole violation must be held reasonably near the place of the alleged violation or arrest and within seven working days of the arrest of a parolee to determine whether there is probable cause to believe that he violated a condition of parole. The preliminary hearing for violations of parole may be conducted by videoconference. Otherwise, the parolee must be released seven working days after his arrest to continue on parole pending a hearing. If the parolee is not within the State, his preliminary hearing is as prescribed by G.S. 148‑65.1A.

(c) Officers to Conduct Hearing. – The preliminary hearing on parole violation must be conducted by a judicial official, or by a hearing officer designated by the Post‑Release Supervision and Parole Commission. No person employed by the Division of Adult Correction of the Department of Public Safety may serve as a hearing officer at a hearing provided in this section unless he is a member of the Post‑Release Supervision and Parole Commission or is employed solely as a hearing officer.

(d) Procedure for Preliminary Hearing on Parole Violation. – The Division of Adult Correction of the Department of Public Safety must give the parolee notice of the preliminary hearing and its purpose, including a statement of the violations alleged. At the hearing, the parolee may appear and speak in his own behalf, may present relevant information, and may, on request, personally question witnesses and adverse informants, unless the hearing officer finds good cause for not allowing confrontation. If the person holding the hearing determines there is probable cause to believe the parolee violated his parole, he must summarize the reasons for his determination and the evidence he relied on. Formal rules of evidence do not apply at the hearing. If probable cause is found, the parolee may be held in the custody of the Division of Adult Correction of the Department of Public Safety to serve the appropriate term of imprisonment, subject to the outcome of a revocation hearing under subsection (e).

(e) Revocation Hearing. – Before finally revoking parole, the Post‑Release Supervision and Parole Commission must, unless the parolee waived the hearing or the time limit, provide a hearing within 45 days of the parolee's reconfinement to determine whether to revoke parole finally. The revocation hearing may be conducted by videoconference. The Post‑Release Supervision and Parole Commission must adopt rules governing the hearing."

PART VII. CLARIFY CONFINEMENT IN RESPONSE TO VIOLATION

SECTION 7. G.S. 15‑196.2 reads as rewritten:

"§ 15‑196.2. Allowance in cases of multiple sentences.

In the event time creditable under this section shall have been spent in custody as the result of more than one pending charge, resulting in imprisonment for more than one offense, credit shall be allowed as herein provided. Consecutive sentences shall be considered as one sentence for the purpose of providing credit, and the creditable time shall not be multiplied by the number of consecutive offenses for which a defendant is imprisoned. Each concurrent sentence shall be credited with so much of the time as was spent in custody due to the offense resulting in the sentence. When both concurrent and consecutive sentences are imposed, both of the above rules shall obtain to the applicable extent.

Upon revocation of two or more consecutive sentences as a result of a probation violation, credit for time served on concurrent confinements in response to violation under G.S. 15A‑1344(d2) shall be credited to only one sentence."

PART VIII. AMEND APPLICATION FOR ISSUANCE OF REQUISITION TO INCLUDE POST‑RELEASE SUPERVISION

SECTION 8. G.S. 15A‑743(b) reads as rewritten:

"(b) When the return to this State is required of a person who has been convicted of a crime in this State and has escaped from confinement or broken the terms of his bail, ~~probation~~ probation, post‑release supervision, or parole, the prosecuting attorney of the county in which the offense was committed, the ~~parole board, or~~Post‑Release Supervision and Parole Commission, the Director of ~~Prisons~~Prisons, the Director of Community Corrections, or sheriff of the county from which escape was made, shall present to the Governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole, the state in which he is believed to be, including the location of the person therein at the time application is made."

PART IX. EFFECTIVE DATE

SECTION 9. Sections 5, 6, and 8 of this act become effective July 1, 2015. The remainder of this act becomes effective December 1, 2015, and applies to persons placed on probation or post‑release supervision on or after that date.