NC H540

Adds new sentencing discretion for judges in drug trafficking cases under G.S. 90-95(h) by allowing reduced sentences or probation when defendants meet four criteria: addiction significantly reducing culpability, acceptance of responsibility, completion of substance abuse assessment, and good treatment prognosis with available plan.

Defendant bears burden of proving by preponderance of evidence that required factors exist, and judge may order imprisonment served at state-operated inpatient treatment facility where defendant has been accepted for admission.

Expands G.S. 122C-142.1 to include substance abuse assessments for drug trafficking convictions in addition to driving while impaired convictions, with annual reporting requirements to the Joint Legislative Commission on Governmental Operations.

Requires North Carolina Sentencing and Policy Advisory Commission to study advisability of reducing sentences for inmates incarcerated solely for drug trafficking convictions under G.S. 90-95(h), including screening processes and fiscal impact, with findings due to Joint Legislative Oversight Committee on Justice and Public Safety by February 15, 2020.

New sentencing provisions become effective December 1, 2019, and apply to offenses committed on or after that date.