SB 340 — Expand Prob. Officer/Sheriff Authority.

Bill Text

Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill allows district attorneys to file probation modification petitions, grants probation officers limited authority to reduce probation terms, and exempts certain sheriff's offices from state contracting requirements for food services.

• G.S. 15A-1344

  (b2) District Attorney May File Petition. – Based on the violation of a condition of probation, the district attorney of the prosecutorial district as defined in G.S. 7A-60 in which probation was imposed may file a petition to reduce, terminate, extend, modify, or revoke probation in the district court district as defined in G.S. 7A-133 or superior court district or set of districts as defined in G.S. 7A-41.1, as the case may be, where probation was imposed. Any petition filed by a district attorney pursuant to this subsection shall be served on the probationer by the supervising probation officer. If a motion to extend is filed under this subsection, a probationer determined to be indigent shall be entitled to services of counsel under G.S. 7A-451.

  This grants district attorneys the authority to initiate probation modification proceedings.

• G.S. 7A-451

  (4a) A hearing for extension of probation under G.S. 15A-1344(b2).

  This includes hearings for probation extensions initiated by district attorneys as part of the services for indigent defendants.

• Article 82 of Chapter 15A

  § 15A-1344.2. Delegation of authority to reduce a term of supervised probation. (a) In any instance under this Article that the court may reduce a term of supervised probation, the court may delegate, by written order filed with the clerk of superior court, the court's authority to reduce a term of supervised probation when a probation officer finds that an offender (i) is currently in compliance with the terms of the offender's probation and (ii) has made diligent progress regarding the offender's probation.

  This allows courts to delegate the authority to reduce probation terms to probation officers under certain conditions.

• Article 82 of Chapter 15A

  (c) A reduction of a term of supervision pursuant to this section does not become effective until all of the following occur: (1) The probation officer files a written affidavit with the clerk of superior court seeking a final order of the court confirming the probation officer's decision to reduce the offender's term.

  This establishes requirements for the effective reduction of probation terms by probation officers.

• G.S. 143-131.1

  § 143-131.1. Exception for contracts for the purchase of food and supplies for county detention facilities by the sheriffs of certain counties. (a) A county sheriff's office may contract for the purchase of food and food services supplies for that county's detention facility without being subject to the requirements of G.S. 143-129 and G.S. 143-131(a).

  This exempts certain sheriffs' offices from specific state contracting requirements for food services.

Action History

1. April 13, 2023

   Passed 1st Reading

2. April 13, 2023

   Ref To Com On Rules, Calendar, and Operations of the House

3. April 10, 2023

   Regular Message Sent To House

4. April 10, 2023

   Regular Message Received From Senate

5. April 06, 2023

   Passed 2nd Reading

6. April 06, 2023

   Passed 3rd Reading

7. April 05, 2023

   Reptd Fav

8. April 04, 2023

   Reptd Fav

9. April 04, 2023

   Re-ref Com On Rules and Operations of the Senate

10. March 28, 2023

    Withdrawn From Com

11. March 28, 2023

    Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

12. March 22, 2023

    Passed 1st Reading

13. March 22, 2023

    Ref To Com On Rules and Operations of the Senate

14. March 21, 2023

    Filed

Sponsors

• Jr. Danny Earl Britt · Primary
• Michael A. Lazzara · Primary
• Mujtaba A. Mohammed · Cosponsor
• Gale Adcock · Cosponsor
• Woodard · Cosponsor

Votes

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