House committee substitute makes the following changes to 2nd edition.
Amends GS 15A-534(a) to reinstate execution of an unsecured appearance bond as a possible condition of pretrial release, and makes conforming changes (first edition deleted execution of an unsecured appearance bond as a possible condition of pretrial release). Removes requirement that the secured appearance bond executed in conjunction with a condition requiring electronic monitoring be set at a minimum of $1,000. Makes a conforming change to the title. Makes stylistic changes.
Provides that as one of the criteria required to impose the condition of a pretrial release program, that the judicial official must find as fact that a period of at least 48 hours (was, 72 hours) has elapsed from the date and time of the defendant’s arrest (was, on the defendant’s release order). Prohibits the pretrial release program from contacting or otherwise attempting to gain access to the defendant before the 48-hour (was, 72 hour) period expires.
Makes the entire act effective December 1, 2012 (was, December 1, 2011) including new GS 15A-534.7(d), which prohibits the appropriation of state government funds for the pretrial release program or its activities (was previously effective, July 1, 2011).
Bill Summaries: S756 (2011-2012 Session)
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Bill S 756 (2011-2012)Summary date: Jun 13 2012 - View summary
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Bill S 756 (2011-2012)Summary date: Jun 7 2011 - View summary
Senate committee substitute makes the following changes to 1st edition.
Amends proposed GS 15A-534.7, clarifying that a judicial official (was, a judge) may place a defendant in the custody of a pretrial release program. Clarifies, as one of the criteria required to impose the condition of the pretrial release program, that the judicial official must find as fact that a period of at least 72 hours has elapsed from the date and time on the defendant’s release order, and the official determines that the defendant is not a flight risk and does not pose a danger to the public (previously required the judge to determine that the defendant was indigent and entitled to counsel). Requires the judicial official to include the basis of the court’s determination in any order imposing a pretrial release condition. Clarifies that no state government funds (was, state or local government funds) will be appropriated or used for the support of a pretrial release program or its activities (previously allowed funds to cover contractual obligations entered into by the program before July 1, 2011). Deletes amendment to GS 15A-536(b). Makes conforming changes, and a conforming change to the bill title.
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Bill S 756 (2011-2012)Summary date: Apr 20 2011 - View summary
Amends GS 15A-534(a) to eliminate execution of an unsecured appearance bond as a possible condition of pretrial release, and makes conforming changes. Amends GS 15A-534(a)(5) to provide that electronic monitoring as a condition of pretrial release need not necessarily include house arrest (was, house arrest with electronic monitoring). Places a $1,000 minimum amount on the secured appearance bond that must be executed in conjunction with a condition requiring electronic monitoring. Provides that defendants required to execute a secured bond may elect to be placed in a pretrial release program as provided in new GS 15A-534.7.
Amends GS 15A-534(a)(3) to limit the condition to releases into the custody of a designated person (was, person or organization). Adds new section GS 15A-534.7 to govern custody releases to organizations, making clear that only judges (and not magistrates or other judicial officials) have authority to place a defendant in the custody of a pretrial release program. Makes a parallel change to GS 15A-535(b) to provide that judges (was, judicial officials) may order defendants to be supervised by pretrial release programs. Provides in GS 15A-534.7 that a defendant may only be released to a pretrial release program if he or she executes a secured bond and if the judge determines that he or she is indigent and entitled to appointed counsel. Prohibits the expenditure of state or local government funds on any pretrial release program or its activities, except to cover any contractual obligations entered into by the program prior to July 1, 2011. Makes other conforming and technical changes, and makes a conforming change to GS 15A-536(b).
Effective December 1, 2011, and applies to criminal actions to determine pretrial release conditions on or after that date, except that new GS 15A-534.7(d) is effective July 1, 2011.