NC S404

Creates new judicial discretion provision allowing judges to impose sentences below mandatory minimums, suspend prison terms, or place offenders on probation for drug trafficking violations under G.S. 90-95(h) and conspiracy charges under G.S. 90-95(i) when substantial and compelling reasons exist based on the nature of the crime, defendant's history and character, and rehabilitation prospects.

Excludes defendants occupying organizer, supervisory, or management positions in continuing criminal enterprises from the new sentence modification authority.

Allows persons currently serving sentences imposed before the act's effective date solely for these drug offenses to file motions for sentence modification within 36 months, with state required to respond within 60 days and court hearings held within 180 days.

Requires the Administrative Office of the Courts to publish an annual report beginning December 1, 2020, documenting the number of sentences modified under the new authority.

Becomes effective December 1, 2019, and applies to offenses committed on or after that date, except for the retroactive relief provision which applies to previously sentenced individuals.