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NC S442

Bill

Status

Introduced

4/1/2019

Primary Sponsor

James Davis

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Origin

Senate

2019-2020 Session

AI Summary

  • Adds new sentencing discretion for judges in drug trafficking cases under G.S. 90-95(h), allowing reduction of minimum sentences or probation if defendant completed substance abuse assessment, accepted responsibility, and has good treatment prognosis with available treatment plan.

  • Allows judges to order imprisonment as condition of special probation to be served at state-operated or licensed inpatient substance abuse treatment facility, with defendant bearing treatment costs unless court finds good cause to have state absorb costs.

  • Requires judges to impose probation conditions including abstinence from controlled substances without valid prescription and completion of education or treatment recommended by substance abuse assessment.

  • Directs 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 process and fiscal impact analysis, with report due February 15, 2020.

  • Amends G.S. 122C-142.1 to expand substance abuse assessment reporting to include assessments requested for sentencing consideration in drug trafficking cases, effective December 1, 2019 for offenses committed on or after that date.

Legislative Description

Drug Trafficking/Judicial Discretion & Study

Last Action

Ref To Com On Rules and Operations of the Senate

4/2/2019

Committee Referrals

Rules and Operations of the Senate4/2/2019

Full Bill Text

No bill text available