GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 1 HOUSE BILL 483 Short Title: Juvenile Justice Legislative Proposals. (Public) Sponsors: Representatives Davis, Greene, and Carson Smith (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. Referred to: Judiciary 1, if favorable, Rules, Calendar, and Operations of the House March 25, 2025 *H483 -v-1* A BILL TO BE ENTITLED 1 AN ACT TO EXTEND TER MS OF PROBATION AND POST-RELEASE SUPERVISION 2 FOR YOUTH ADJUDICATE D OF CERTAIN VIOLENT OFFENSES AND TO CLARIFY 3 A VICTIM'S RIGHT TO BE NOTIFIED ABOUT TERMINATION OF PROBATION OR 4 POST-RELEASE SUPERVISION; TO MODIFY THE CRITERIA FOR SEC URE 5 CUSTODY TO CLARIFY T HAT A SUPERIOR COURT JUDGE MAY ENTER A 6 SECURE CUSTODY ORDER FOLLOWING THE REMOV AL OF A CASE TO 7 JUVENILE COURT AND TO AUTHORIZE THE ISSUANCE OF A SECURE CUSTODY 8 ORDER IN RESPONSE TO THE VIOLATION OF A CHAPTER 50B DOMESTIC 9 VIOLENCE PROTECTIVE ORDER; TO CLARIFY TH AT ALL FELONY SCHOOL 10 NOTIFICATIONS ARE LIMITED TO CLASS A THROUGH CLASS E FELONIES; TO 11 EXTEND THE RETENTION PERIOD FOR CLOSED COMPLAINTS TO ALLOW F OR 12 REVIEW BY THE PROSEC UTOR; TO CREATE A CR IMINAL OFFENSE FOR 13 ESCAPING FROM A JUVE NILE JUSTICE FACILITY OR OFFICER; TO CLARIFY 14 AND MAKE TECHNICAL C ORRECTIONS TO THE JU VENILE CAPACITY TO 15 PROCEED PROCESS; AND TO CLARIFY THE PLAC E OF CONFINEMENT FOR 16 PERSONS UNDER EIGHTE EN YEARS OF AGE WHO ARE SENTENCED TO 17 IMPRISONMENT IN THE DEPARTMENT O F ADULT CORRECTION, AS 18 RECOMMENDED BY THE D IVISION OF JUVENILE JUSTICE AND DELINQUENCY 19 PREVENTION OF THE DEPARTMENT OF PUBLIC SAFETY. 20 The General Assembly of North Carolina enacts: 21 22 PART I. EXTEND TERMS OF PROBATION AND PO ST-RELEASE SUPERVISION 23 FOR YOUTH ADJUDICATE D OF CERTAIN VIOLENT OFFENSES AND CLARIF Y A 24 VICTIM'S RIGHT TO BE NOTIFIED ABOUT TERM INATION OF PROBATION OR 25 POST-RELEASE SUPERVISION 26 SECTION 1.(a) G.S. 7B-2510 reads as rewritten: 27 "§ 7B-2510. Conditions of probation; violation of probation. 28 … 29 (c) An order of probation shall remain in force for a period not to exceed one year from 30 the date entered. Prior Except as otherwise provided in subsection (c1) of this section, prior to 31 expiration of an order of probation, the court may extend it for an additional period of one year 32 after notice and a hearing, if the court finds that the extension is necessary to protect the 33 community or to safeguard the welfare of the juvenile. At the discretion of the court, the hearing 34 General Assembly Of North Carolina Session 2025 Page 2 House Bill 483-First Edition to determine to extend probation may occur after the expiration of an order of probation at the 1 next regularly scheduled court date or if the juvenile fails to appear in court. 2 (c1) Prior to expiration of an order of probation entered for an adjudication of an offense 3 that would be a Class A, B1, or B2 felony if committed by an adult, the court may extend the 4 term of probation for additional periods of up to one year after notice and a hearing, if the court 5 finds that the extension is necessary to protect the community or to safeguard the welfare of the 6 juvenile. The total period of probation entered for an adjudication of an offense that would be a 7 Class A, B1, or B2 felony if committed by an adult shall not exceed three years. At the discretion 8 of the court, the hearing to determine to extend probation may occur after the expiration of an 9 order of probation at the next regularly scheduled court date or if the juvenile fails to appear in 10 court. 11 (d) On motion of the juvenile court counselor or counselor, the juvenile, the prosecutor, 12 or on the court's own motion, the court may review the progress of any juvenile on probation at 13 any time during the period of probation or at the end of probation. The conditions or duration of 14 probation may be modified only as provided in this Subchapter and only after notice and a 15 hearing. 16 …." 17 SECTION 1.(b) G.S. 7B-2511 reads as rewritten: 18 "§ 7B-2511. Termination of probation. 19 At the end of or at any time during probation, the court may terminate probation by written 20 order upon finding that there is no further need for supervision. The Except for cases that involve 21 a victim as defined in Article 20A of this Chapter, the finding and order terminating probation 22 may be entered in chambers in the absence of the juvenile and may be based on a report from the 23 juvenile court counselor or, at the election of the court, the order may be entered with the juvenile 24 present after notice and a hearing. In cases involving a victim as defined in Article 20A of this 25 Chapter, the order may be entered with the juvenile present after notice and a hearing. If a victim 26 has requested to be notified of court proceedings pursuant to G.S. 7B-2053, the court shall 27 provide notice to the victim and the opportunity to be heard at the hearing by the prosecutor, the 28 victim, or the person who may assert the victim's rights as set forth in Article 20A of this 29 Chapter." 30 SECTION 1.(c) G.S. 7B-2514 reads as rewritten: 31 "§ 7B-2514. Post-release supervision planning; release. 32 … 33 (b) The Division shall develop the plan in writing and base the terms on the needs of the 34 juvenile and the protection of the public. Every Except as otherwise provided in subsection (b1) 35 of this section, every plan shall require the juvenile to complete at least 90 days, but not more 36 than one year, of post-release supervision. 37 (b1) Every plan developed for an offense that would be a Class A, B1, B2, or C felony if 38 committed by an adult shall require the juvenile to complete three years of post-release 39 supervision. The Division shall develop the plan in writing and base the terms on the needs of 40 the juvenile and the protection of the public. 41 … 42 (g) A juvenile on post-release supervision shall be supervised by a juvenile court 43 counselor. Post-release supervision shall be terminated by order of the court. For plans developed 44 pursuant to subsection (b1) of this section, post-release supervision may be terminated with the 45 juvenile present after notice and a hearing. If a victim has requested to be notified of court 46 proceedings pursuant to G.S. 7B-2053, the court shall provide notice to the victim and the 47 opportunity to be heard at the hearing by the prosecutor and the victim or the person who may 48 assert the victim's rights as set forth in Article 20A of this Chapter." 49 50 General Assembly Of North Carolina Session 2025 House Bill 483-First Edition Page 3 PART II. MODIFY THE CRITERIA FOR SECURE CUSTODY TO CLARIFY THA T A 1 SUPERIOR COURT JUDGE MAY ENTER A SECURE CUSTODY ORDER 2 FOLLOWING THE REMOVA L OF A CASE TO JUVEN ILE COURT AND 3 AUTHORIZE THE ISSUAN CE OF A SECURE CUSTO DY ORDER IN RESPONSE TO 4 THE VIOLATION OF A C HAPTER 50B DOMESTIC VIOLENCE PROTECTIVE 5 ORDER 6 SECTION 2.(a) G.S. 7B-1903 reads as rewritten: 7 "§ 7B-1903. Criteria for secure or nonsecure custody. 8 … 9 (b) When a request is made for secure custody, the court may order secure custody only 10 where the court finds there is a reasonable factual basis to believe that the juvenile committed 11 the offense as alleged in the petition, petition or in the indictment or criminal information if the 12 request is made pursuant to G.S. 15A-960, and that one of the following circumstances exists: 13 (1) The juvenile is charged with a felony and has demonstrated that the juvenile 14 is a danger to property or persons. 15 (1a) The juvenile is charged with the violation of a valid protective order entered 16 pursuant to Chapter 50B of the General Statutes and is alleged to have 17 knowingly violated conditions of the protective order excluding the juvenile 18 from the residence or household occupied by a victim of domestic violence or 19 directing the juvenile to refrain from doing any or all of the acts specified in 20 G.S. 50B-3(a)(9). 21 …." 22 SECTION 2.(b) G.S. 50B-4.1(b) reads as rewritten: 23 "(b) A law enforcement officer shall arrest and take a person into custody, with or without 24 a warrant or other process, if the officer has probable cause to believe that the person knowingly 25 has violated a valid protective order excluding the person from the residence or household 26 occupied by a victim of domestic violence or directing the person to refrain from doing any or 27 all of the acts specified in G.S. 50B-3(a)(9). If the person is under the age of 18, the law 28 enforcement officer shall request that a juvenile petition be filed for the alleged violation of a 29 valid protective order entered pursuant to this Chapter and shall request the issuance of a secure 30 custody order pursuant to G.S. 7B-1903." 31 32 PART III. CLARIFY THAT ALL FELONY SCHOOL NOTIFICATIONS ARE LIMITED 33 TO CLASS A THROUGH C LASS E FELONIES 34 SECTION 3. G.S. 7B-3101(a) reads as rewritten: 35 "(a) Notwithstanding G.S. 7B-3000, the juvenile court counselor shall deliver verbal and 36 written notification of any of the following actions to the principal of the school that the juvenile 37 attends: 38 (1) A petition is filed under G.S. 7B-1802 that alleges delinquency for an offense 39 that would constitute a Class A, B1, B2, C, D, or E felony if committed by an 40 adult. The principal of the school shall make an individualized decision related 41 to the status of the student during the pendency of the matter and not have an 42 automatic suspension policy. 43 (2) The court transfers jurisdiction over a juvenile to the superior court under 44 G.S. 7B-2200.5 or G.S. 7B-2200.G.S. 7B-2200 for an offense that would 45 constitute a Class A, B1, B2, C, D, or E felony if committed by an adult. 46 (3) The court dismisses under G.S. 7B-2411 the petition that alleges delinquency 47 for an offense that would be a Class A, B1, B2, C, D, or E felony if committed 48 by an adult. 49 (4) The court issues a dispositional order under Article 25 of Chapter 7B of the 50 General Statutes including, but not limited to, an order of probation that 51 General Assembly Of North Carolina Session 2025 Page 4 House Bill 483-First Edition requires school attendance, concerning a juvenile alleged or found delinquent 1 for an offense that would be a Class A, B1, B2, C, D, or E felony if committed 2 by an adult. 3 (5) The court modifies or vacates any order or disposition under G.S. 7B-2600 4 concerning a juvenile alleged or found delinquent for an offense that would 5 be a Class A, B1, B2, C, D, or E felony if committed by an adult. 6 Notification of the school principal in person or by telephone shall be made before the 7 beginning of the next school day. Delivery shall be made as soon as practicable but at least within 8 five days of the action. Delivery shall be made in person or by certified mail. Notification that a 9 petition has been filed shall describe the nature of the offense. Notification of a dispositional 10 order, a modified or vacated order, or a transfer to superior court shall describe the court's action 11 and any applicable disposition requirements. As used in this subsection, the term "offense" does 12 not include any offense under Chapter 20 of the General Statutes." 13 14 PART IV. EXTEND THE RETENTION PERIOD FOR CLOSED COMPLAINTS T O 15 ALLOW FOR REVIEW BY THE PROSECUTOR 16 SECTION 4. G.S. 7B-1703(c) reads as rewritten: 17 "(c) If the juvenile court counselor determines that a petition should not be filed or the 18 complaint handled as a juvenile consultation, the juvenile court counselor shall notify the 19 complainant and the victim, if the complainant is not the victim, immediately in writing with 20 specific reasons for the decision, whether or not legal sufficiency was found, and whether the 21 matter was closed or diverted and retained, and shall include notice of the complainant's and 22 victim's right to have the decision reviewed by the prosecutor. The juvenile court counselor shall 23 sign the complaint after indicating on it: 24 (1) The date of the determination; 25 (2) The words "Not Approved for Filing"; and 26 (3) Whether the matter is "Closed" or "Diverted and Retained". 27 Except as provided in G.S. 7B-1706, any complaint not approved for filing as a juvenile 28 petition or handled as a juvenile consultation shall be destroyed by the juvenile court counselor 29 after holding the complaint for a temporary period of at least one year to allow review as provided 30 in G.S. 7B-1704 and G.S. 7B-1705." 31 32 PART V. CREATE A CRIMINAL OFFENSE FOR ES CAPING FROM A JUVENI LE 33 JUSTICE FACILITY OR OFFICER 34 SECTION 5. Article 33 of Chapter 14 of the General Statutes is amended by adding 35 a new section to read: 36 "§ 14-256.2. Escape from juvenile detention facilities or officers. 37 (a) Offense and Punishment. – If any person shall break any detention facility, holdover 38 facility, or youth development center, being lawfully detained therein, or shall escape from the 39 lawful custody of any employee, guard, or officer of the Division of Juvenile Justice of the 40 Department of Public Safety, the person is guilty of a Class 1 misdemeanor, except that the person 41 is guilty of a Class H felony if any of the following apply: 42 (1) The person has been charged with a felony and has been committed to the 43 facility pending trial or transfer to the State prison system. 44 (2) The person is alleged to be within the jurisdiction of the juvenile court for an 45 offense that would be a felony if committed by an adult and has been placed 46 in secure custody. 47 (3) The person has been adjudicated delinquent for an offense that would be a 48 felony if committed by an adult and has been placed in secure custody or 49 committed to the custody of the Division of Juvenile Justice and Delinquency 50 Prevention for placement in a youth development center. 51 General Assembly Of North Carolina Session 2025 House Bill 483-First Edition Page 5 (b) Definitions. – For purposes of this section, the terms "detention facility," "holdover 1 facility," and "youth development center" are as defined in G.S. 7B-1501." 2 3 PART VI. CLARIFY AND MAKE TECHNICAL CORR ECTIONS TO THE JUVEN ILE 4 CAPACITY TO PROCEED PROCESS 5 SECTION 6.(a) G.S. 7B-2401.2 reads as rewritten: 6 "§ 7B-2401.2. Procedures to determine capacity; hearing procedures; evidence. 7 … 8 (e) Any report made to the court pursuant to this section shall be forwarded to the clerk 9 of superior court in a sealed envelope addressed to the attention of a presiding judge, with a 10 covering statement to the clerk of the fact of the examination of the juvenile and any conclusion 11 as to whether the juvenile has or lacks capacity to proceed. If the juvenile is being held in the 12 custody of the Division, the The clerk shall send a copy of the covering statement to the Division. 13 The Division and any persons employed by the Division shall maintain the copy of the covering 14 statement as a confidential record. A copy of the full report shall be forwarded to the juvenile's 15 counsel. If the question of the juvenile's capacity to proceed is raised at any time, a copy of the 16 full report must be forwarded to the prosecutor. Until the question of the juvenile's capacity is 17 raised, the full report to the court shall be kept under such conditions as are directed by the court, 18 and its contents shall not be revealed except the report and the relevant confidential information 19 previously ordered released under G.S. 7B-2401.3(c) shall be released to the program where the 20 juvenile is receiving remediation services and as directed by the court. revealed. Any report made 21 to the court pursuant to this section shall be maintained as a confidential record. 22 … 23 (h) When the capacity of the juvenile to proceed is questioned, the court shall hold a 24 hearing to determine the juvenile's capacity to proceed. If an evaluation is ordered pursuant to 25 subsection (b) of this section, the hearing shall be held upon receipt of the forensic evaluation 26 report. The clerk shall provide notice to the juvenile and juvenile, the prosecutor prosecutor, and 27 the chief court counselor in accordance with G.S. 7B-1807. The order of the court shall contain 28 findings of fact to support its determination of the juvenile's capacity to proceed. The parties may 29 stipulate that the juvenile is capable to proceed but shall not be allowed to stipulate that the 30 juvenile lacks capacity to proceed. If the court finds the juvenile is capable to proceed, the 31 juvenile proceedings shall no longer be stayed, and the court shall set a date for such further 32 proceedings. If the juvenile's capacity to proceed is contested, the juvenile bears the burden of 33 proving the juvenile is incapable to proceed by a preponderance of the evidence. At a contested 34 hearing, the State and the juvenile may call witnesses and present evidence. Nothing in this 35 subsection may be construed to prohibit the State or the juvenile from calling other expert 36 witnesses to testify at a capacity hearing. If appropriate, the If the court finds that the juvenile is 37 not capable to proceed, the court must determine if the juvenile is substantially likely to attain 38 capacity in the foreseeable future. If the court finds that the juvenile is substantially likely to 39 attain capacity in the foreseeable future, the court may order remediation services in accordance 40 with G.S. 7B-2401.4. 41 …." 42 SECTION 6.(b) G.S. 7B-2401.4 reads as rewritten: 43 "§ 7B-2401.4. Remediation. 44 … 45 (b) When the court finds the juvenile incapable to proceed, and substantially likely to 46 attain capacity in the foreseeable future, the court may order remediation services. The 47 remediation services shall be based on the recommendations from the forensic evaluation. All 48 forensic evaluations for the juvenile and the relevant confidential information previously ordered 49 released under G.S. 7B-2401.3(c) shall be released to the program or programs where the juvenile 50 is receiving remediation services as directed by the court. 51 General Assembly Of North Carolina Session 2025 Page 6 House Bill 483-First Edition … 1 (e) An order for remediation services shall contain all of the following: 2 (1) Written findings of fact regarding the least restrictive environment for the 3 remediation services. 4 (2) If the court order allows for secure confinement pursuant to subsection (d) of 5 this section, the maximum time for placement in a secure facility shall be 6 pursuant to subsection (f) of this section. 7 (3) Whether remediation services shall include mental health treatment to reduce 8 interfering symptoms, specialized psychoeducational programming, or a 9 combination of these interventions. If both mental health services and 10 psychoeducational programming are ordered, the court shall identify a 11 provider for each service. 12 … 13 (g) The Division shall be responsible for the provision of psychoeducation remediation 14 programming and working with community partners to secure any additional services 15 recommended in the forensic evaluation report. The Division is authorized to contract with the 16 University of North Carolina at Chapel Hill or any other qualified educational organization to 17 develop and conduct related trainings and curriculum. 18 The remediation service provider or providers shall provide reports to the court at least every 19 90 days. Any report made to the court pursuant to this subsection shall be forwarded to the clerk 20 of superior court addressed to the attention of the presiding judge. judge and to the juvenile's 21 attorney. A report provided under this subsection shall include all of the following: 22 (1) The dates of any services provided to the juvenile. 23 (2) A summary of the juvenile's attendance and participation. 24 (3) Information about the juvenile's progress in the areas that were found to be 25 relevant to the juvenile's incapacity, incapacity and that are the focus of the 26 provider's services, including education regarding court procedures and 27 stabilization or improvement of symptoms leading to functional impairments. 28 No statement or disclosure made by the juvenile during the remediation services regarding 29 the juvenile's responsibility for a criminal act that can result either in an adjudication of 30 delinquency or transfer of a matter to superior court for trial as an adult is admissible in any 31 juvenile or criminal proceeding against the juvenile or defendant. All remediation progress 32 reports, summaries, and notes shall not include any such statement. 33 The court shall hold a hearing within 30 days of receipt of the remediation progress report to 34 review the remediation services. The remediation review hearing may be informal, and the court 35 may consider all remediation progress reports. The court may consider any evidence, including 36 hearsay evidence as defined in G.S. 8C-1, Rule 801, that the court finds to be relevant, reliable, 37 and necessary to determine if remediation services should continue or reassessment of capacity 38 is warranted. The juvenile and the juvenile's parent, guardian, or custodian shall have an 39 opportunity to present evidence, and they may advise the court concerning the remediation 40 services. The order of the court may be amended or supplemented only as provided in this 41 Subchapter and only after notice and a hearing. 42 … 43 (i) If, at any time during the remediation treatment, the remediation service provider 44 finds that the juvenile has likely completed the requirements of the remediation services, the 45 remediation service provider shall provide written notification to the court, the prosecutor, and 46 the juvenile's attorney within two business days regarding this finding. A copy of any remediation 47 report or reports shall be forwarded to the court and to the juvenile's attorney. The court may 48 order the release of a remediation report to the prosecutor after providing the juvenile with 49 reasonable notice and an opportunity to be heard and then determining that the information is 50 relevant and necessary to the hearing of the matter before the court and unavailable from any 51 General Assembly Of North Carolina Session 2025 House Bill 483-First Edition Page 7 other source. This subsection shall not be construed to relieve any court of its duty to conduct 1 hearings and make findings required under relevant federal law before ordering the release of 2 any private medical or mental health information or records related to substance abuse or HIV 3 status or treatment. The records shall be withheld from public inspection and, except as provided 4 in this subsection, may be examined only by order of the court. The juvenile's matter shall be 5 returned to court within a reasonable time, and not more than 30 days after the completion of 6 remediation services, for a remediation review or further proceedings.hearing. 7 (j) Any remediation report completed by a psychoeducation provider on the juvenile's 8 progress in the psychoeducation curriculum shall be provided by the clerk of superior court to 9 the prosecutor and the chief court counselor. 10 (k) The court may order the release of any remediation report that contains information 11 about the juvenile's mental health treatment to the prosecutor after providing the juvenile with 12 reasonable notice and an opportunity to be heard and then determining that the information is 13 relevant and necessary to the hearing of the matter before the court and unavailable from any 14 other source. This subsection shall not be construed to relieve any court of its duty to conduct 15 hearings and make findings required under relevant federal law before ordering the release of 16 any private medical or mental health information or records related to substance abuse or HIV 17 status or treatment. The records shall be withheld from public inspection and, except as provided 18 in this subsection, may be examined only by order of the court. 19 (l) The court shall hold a remediation review hearing within 30 days of receipt of the 20 remediation progress report or reports or notification that the juvenile has likely completed the 21 requirements of the remediation services. The remediation review hearing may be informal, and 22 the court may consider all remediation progress reports. The court may consider any evidence, 23 including hearsay evidence as defined in G.S. 8C-1, Rule 801, that the court finds to be relevant, 24 reliable, and necessary to determine if a remediation service or services should continue, 25 reassessment of capacity is warranted, or the juvenile is not substantially likely to attain capacity 26 in the foreseeable future. The juvenile and the juvenile's parent, guardian, or custodian shall have 27 an opportunity to present evidence, and they may advise the court concerning the remediation 28 service or services. The order of the court requiring remediation service or services may be 29 amended or supplemented only as provided in this Subchapter and only after notice and a hearing. 30 If the court determines that reassessment of capacity is warranted, the court shall order a new 31 forensic evaluation pursuant to the procedure contained in G.S. 7B-2401.2. This forensic 32 evaluation shall be performed by the original forensic evaluator when possible and comply with 33 the requirements of G.S. 7B-2401.3. Any forensic evaluation shall be conducted independently 34 of the remediation services and shall not be conducted by the remediation provider or providers. 35 A capacity hearing shall be held pursuant to the requirements in G.S. 7B-2401.2 upon receipt of 36 the forensic evaluation report. 37 If the court determines that the juvenile is not substantially likely to attain capacity in the 38 foreseeable future, the court shall proceed according to G.S. 7B-2401.5." 39 40 PART VII. CLARIFY THE PLACE OF CONFINEME NT FOR PERSONS UNDER 18 41 YEARS OF AGE WHO ARE SENTENCED TO IMPRIS ONMENT IN THE 42 DEPARTMENT OF ADULT CORRECTION 43 SECTION 7.(a) G.S. 7A-109.3 reads as rewritten: 44 "§ 7A-109.3. Delivery of commitment order. 45 … 46 (a1) If the district court sentences a person under the age of 18 to imprisonment and 47 commitment, commitment to the custody of the Division of Prisons of the Department of Adult 48 Correction, the clerk of superior court shall furnish the detention facility approved by the 49 Division of Juvenile Justice Division of Prisons of the Department of Adult Correction with the 50 signed order of commitment within 48 hours of the issuance of the sentence. 51 General Assembly Of North Carolina Session 2025 Page 8 House Bill 483-First Edition … 1 (c) If the superior court sentences a person under the age of 18 to imprisonment and 2 commitment, commitment to the custody of the Division of Prisons of the Department of Adult 3 Correction, the clerk of superior court shall furnish the detention facility approved by the 4 Division of Juvenile Justice Division of Prisons of the Department of Adult Correction with the 5 signed order of commitment within 48 hours of the issuance of the sentence." 6 SECTION 7.(b) G.S. 15A-521 reads as rewritten: 7 "§ 15A-521. Commitment to detention facility pending trial. 8 (a) Commitment. – Every person charged with a crime and held in custody who has not 9 been released pursuant to Article 26 of this Chapter, Bail, must be committed by a written order 10 of the judicial official who conducted the initial appearance as provided in Article 24 to an 11 appropriate detention facility as provided in this section. If the person being committed by written 12 order is under the age of 18, that person must shall be committed to the custody of the Division 13 of Juvenile Justice of the Department of Public Safety and shall be confined in a detention facility 14 approved by the Division of Juvenile Justice to provide secure confinement and care for 15 juveniles, or to a holdover facility as defined in G.S. 7B-1501(11). If the person being committed 16 reaches the age of 18 years while held in custody, the person shall be transported by personnel 17 of the Juvenile Justice Division, Division of Juvenile Justice, or personnel approved by the 18 Juvenile Justice Division, Division of Juvenile Justice, to the custody of the sheriff of the county 19 where the charges arose. 20 … 21 (c) Copies and Use of Order, Receipt of Prisoner. – 22 (1) The order of commitment must be delivered to a law-enforcement officer, who 23 must deliver the order and the prisoner to the detention facility named therein. 24 (2) The jailer or personnel of the Juvenile Justice Division of Juvenile Justice 25 must receive the prisoner and the order of commitment, and note on the order 26 of commitment the time and date of receipt. As used in this subdivision, 27 "jailer" includes any person having control of a detention facility and 28 "personnel of the Juvenile Justice Division" Division of Juvenile Justice" 29 includes personnel approved by the Juvenile Justice Division.Division of 30 Juvenile Justice. 31 (3) Upon releasing the prisoner pursuant to the terms of the order, or upon 32 delivering the prisoner to the court, the jailer or personnel of the Juvenile 33 Justice Division of Juvenile Justice must note the time and date on the order 34 and return it to the clerk. Personnel of the Juvenile Justice Division, Division 35 of Juvenile Justice, or personnel approved by the Juvenile Justice Division, 36 Division of Juvenile Justice, shall transport the person under the age of 18 37 from the juvenile detention facility or holdover facility to court and shall 38 transfer the person back to the juvenile detention facility or holdover facility. 39 (4) Repealed by Session Laws 1975, 2nd Sess., c. 983, s. 142. 40 …." 41 SECTION 7.(c) G.S. 15A-1301 reads as rewritten: 42 "§ 15A-1301. Order of commitment to imprisonment when not otherwise specified. 43 When a judicial official orders that a defendant be imprisoned he must issue an appropriate 44 written commitment order. When the commitment is to a sentence of imprisonment, the 45 commitment must include the identification and class of the offense or offenses for which the 46 defendant was convicted and, if the sentences are consecutive, the maximum sentence allowed 47 by law upon conviction of each offense for the punishment range used to impose the sentence for 48 the class of offense and prior record or conviction level, and, if the sentences are concurrent or 49 consolidated, the longest of the maximum sentences allowed by law for the classes of offense 50 and prior record or conviction levels upon conviction of any of the offenses. If the person 51 General Assembly Of North Carolina Session 2025 House Bill 483-First Edition Page 9 sentenced to imprisonment is under the age of 18, the person must shall be committed to a 1 detention facility approved by the Division of Juvenile Justice to provide secure confinement and 2 care for juveniles. the custody of the Division of Prisons of the Department of Adult Correction 3 and shall be confined in a facility operated by the Division of Prisons. If the person is under the 4 age of 18, the person may be temporarily confined in a holdover facility as defined in 5 G.S. 7B-1501(11) until the person can be transferred to a juvenile detention facility. facility 6 operated by the Division of Prisons. Personnel of the Juvenile Justice Division of Juvenile Justice 7 or personnel approved by the Juvenile Justice Division of Juvenile Justice shall transport the 8 person to the juvenile detention Division of Prisons facility or the holdover facility.facility, if the 9 person is in the custody of the Division of Juvenile Justice at the time of commitment." 10 SECTION 7.(d) G.S. 15A-1343(a1)(3) reads as rewritten: 11 "(3) Submission to a period or periods of confinement in a local confinement 12 facility for a total of no more than six days per month during any three separate 13 months during the period of probation. The six days per month confinement 14 provided for in this subdivision may only be imposed as two-day or three-day 15 consecutive periods. When a defendant is on probation for multiple 16 judgments, confinement periods imposed under this subdivision shall run 17 concurrently and may total no more than six days per month. If the person 18 being ordered to a period or periods of confinement is under the age of 18, 19 that person must shall be committed to the custody of the Division of Prisons 20 of the Department of Adult Correction and shall be confined in a detention 21 facility approved by the Division of Juvenile Justice to provide secure 22 confinement and care for juveniles or to a holdover facility as defined in 23 G.S. 7B-1501(11). operated by the Division of Prisons. If the person being 24 ordered to a period or periods of confinement reaches the age of 18 years while 25 in confinement, the person may be transported by personnel of the Division 26 of Juvenile Justice, Prisons, or personnel approved by the Division of Juvenile 27 Justice, Prisons, to the custody of the sheriff of the applicable local 28 confinement facility." 29 SECTION 7.(e) G.S. 15A-1343.2(e)(5) reads as rewritten: 30 "(5) Submit to a period or periods of confinement in a local confinement facility 31 for a total of no more than six days per month during any three separate 32 months during the period of probation. The six days per month confinement 33 provided for in this subdivision may only be imposed as two-day or three-day 34 consecutive periods. When a defendant is on probation for multiple 35 judgments, confinement periods imposed under this subdivision shall run 36 concurrently and may total no more than six days per month. If the person 37 being ordered to a period or periods of confinement is under the age of 18, 38 that person must shall be committed to the custody of the Division of Prisons 39 of the Department of Adult Correction and shall be confined in a detention 40 facility approved by the Division of Juvenile Justice of the Department of 41 Public Safety to provide secure confinement and care for juveniles or to a 42 holdover facility as defined in G.S. 7B-1501(11). operated by the Division of 43 Prisons. If the person being ordered to a period or periods of confinement 44 reaches the age of 18 years while in confinement, the person may be 45 transported by personnel of the Division of Juvenile Justice, Prisons, or 46 personnel approved by the Division of Juvenile Justice, Prisons, to the custody 47 of the sheriff of the applicable local confinement facility." 48 SECTION 7.(f) G.S. 15A-1343.2(f)(6) reads as rewritten: 49 "(6) Submit to a period or periods of confinement in a local confinement facility 50 for a total of no more than six days per month during any three separate 51 General Assembly Of North Carolina Session 2025 Page 10 House Bill 483-First Edition months during the period of probation. The six days per month confinement 1 provided for in this subdivision may only be imposed as two-day or three-day 2 consecutive periods. When a defendant is on probation for multiple 3 judgments, confinement periods imposed under this subdivision shall run 4 concurrently and may total no more than six days per month. If the person 5 being ordered to a period or periods of confinement is under the age of 18, 6 that person must shall be committed to the custody of the Division of Prisons 7 of the Department of Adult Correction and shall be confined in a detention 8 facility approved by the Division of Juvenile Justice to provide secure 9 confinement and care for juveniles or to a holdover facility as defined in 10 G.S. 7B-1501(11). operated by the Division of Prisons. If the person being 11 ordered to a period or periods of confinement reaches the age of 18 years while 12 in confinement, the person may be transported by personnel of the Division 13 of Juvenile Justice, Prisons, or personnel approved by the Division of Juvenile 14 Justice, Prisons, to the custody of the sheriff of the applicable local 15 confinement facility." 16 SECTION 7.(g) G.S. 15A-1344(d2) reads as rewritten: 17 "(d2) Confinement in Response to Violation. – When a defendant under supervision for a 18 felony conviction has violated a condition of probation other than G.S. 15A-1343(b)(1) or 19 G.S. 15A-1343(b)(3a), the court may impose a period of confinement of 90 consecutive days to 20 be served in the custody of the Division of Community Supervision and Reentry of the 21 Department of Adult Correction. The court may not revoke probation unless the defendant has 22 previously received a total of two periods of confinement under this subsection. A defendant may 23 receive only two periods of confinement under this subsection. The 90-day term of confinement 24 ordered under this subsection for a felony shall not be reduced by credit for time already served 25 in the case. Any such credit shall instead be applied to the suspended sentence. However, if the 26 time remaining on the maximum imposed sentence on a defendant under supervision for a felony 27 conviction is 90 days or less, then the term of confinement is for the remaining period of the 28 sentence. Confinement under this section shall be credited pursuant to G.S. 15-196.1. 29 When a defendant under supervision for a misdemeanor conviction sentenced pursuant to 30 Article 81B of Chapter 15A of the General Statutes has violated a condition of probation other 31 than G.S. 15A-1343(b)(1) or G.S. 15A-1343(b)(3a), the court may impose a period of 32 confinement pursuant to G.S. 15A-1343(a1)(3). If the person being ordered to a period of 33 confinement is under the age of 18, that person must shall be committed to the Division of Prisons 34 of the Department of Adult Correction and shall be confined in a detention facility approved by 35 the Division of Juvenile Justice to provide secure confinement and care for juveniles or to a 36 holdover facility as defined in G.S. 7B-1501(11). operated by the Division of Prisons. If the 37 person being ordered to a period of confinement reaches the age of 18 years while in confinement, 38 the person may be transported by personnel of the Division of Juvenile Justice, Prisons, or 39 personnel approved by the Division of Juvenile Justice, Prisons, to the custody of the sheriff of 40 the applicable local confinement facility. The court may not revoke probation unless the 41 defendant has previously received at least two periods of confinement for violating a condition 42 of probation other than G.S. 15A-1343(b)(1) or G.S. 15A-1343(b)(3a). Those periods of 43 confinement may have been imposed pursuant to G.S. 15A-1343(a1)(3), 15A-1343.2(e)(5), or 44 15A-1343.2(f)(6). The second period of confinement must have been imposed for a violation that 45 occurred after the defendant served the first period of confinement. Confinement under this 46 section shall be credited pursuant to G.S. 15-196.1. 47 When a defendant under supervision for a misdemeanor conviction not sentenced pursuant 48 to Article 81B of Chapter 15A of the General Statutes has violated a condition of probation other 49 than G.S. 15A-1343(b)(1) or G.S. 15A-1343(b)(3a), the court may impose a period of 50 confinement of up to 90 consecutive days to be served where the defendant would have served 51 General Assembly Of North Carolina Session 2025 House Bill 483-First Edition Page 11 an active sentence. The court may not revoke probation unless the defendant has previously 1 received a total of two periods of confinement under this subsection. A defendant may receive 2 only two periods of confinement under this subsection. Confinement under this section shall be 3 credited pursuant to G.S. 15-196.1. 4 The period of confinement imposed under this subsection on a defendant who is on probation 5 for multiple offenses shall run concurrently on all cases related to the violation. Confinement 6 shall be immediate unless otherwise specified by the court." 7 SECTION 7.(h) G.S. 15A-1344(e) reads as rewritten: 8 "(e) Special Probation in Response to Violation. – When a defendant has violated a 9 condition of probation, the court may modify the probation to place the defendant on special 10 probation as provided in this subsection. In placing the defendant on special probation, the court 11 may continue or modify the conditions of probation and in addition require that the defendant 12 submit to a period or periods of imprisonment, either continuous or noncontinuous, at whatever 13 time or intervals within the period of probation the court determines. In addition to any other 14 conditions of probation which the court may impose, the court shall impose, when imposing a 15 period or periods of imprisonment as a condition of special probation, the condition that the 16 defendant obey the rules and regulations of the Division of Prisons of the Department of Adult 17 Correction and, if applicable, the Division of Juvenile Justice of the Department of Public Safety, 18 governing conduct of inmates, and this condition shall apply to the defendant whether or not the 19 court imposes it as a part of the written order. If imprisonment is for continuous periods, the 20 confinement may be in either the custody of the Division of Community Supervision and Reentry 21 of the Department of Adult Correction or a local confinement facility. Noncontinuous periods of 22 imprisonment under special probation may only be served in a designated local confinement or 23 treatment facility. If the person being ordered to a period or periods of imprisonment, either 24 continuous or noncontinuous, is under the age of 18, that person must shall be committed to the 25 Division of Prisons of the Department of Adult Correction and shall be imprisoned in a detention 26 facility approved by the Division of Juvenile Justice to provide secure confinement and care for 27 juveniles or to a holdover facility as defined in G.S. 7B-1501(11). operated by the Division of 28 Prisons. If the person being ordered to a period or periods of imprisonment reaches the age of 18 29 years while imprisoned, the person may be transported by personnel of the Division of Juvenile 30 Justice, Prisons, or personnel approved by the Division of Juvenile Justice, Prisons, to the custody 31 of the sheriff of the applicable local confinement facility. 32 Except for probationary sentences for impaired driving under G.S. 20-138.1, the total of all 33 periods of confinement imposed as an incident of special probation, but not including an activated 34 suspended sentence, may not exceed one-fourth the maximum sentence of imprisonment 35 imposed for the offense. For probationary sentences for impaired driving under G.S. 20-138.1, 36 the total of all periods of confinement imposed as an incident of special probation, but not 37 including an activated suspended sentence, shall not exceed one-fourth the maximum penalty 38 allowed by law. No confinement other than an activated suspended sentence may be required 39 beyond the period of probation or beyond two years of the time the special probation is imposed, 40 whichever comes first." 41 SECTION 7.(i) G.S. 15A-1351(a) reads as rewritten: 42 "(a) The judge may sentence to special probation a defendant convicted of a criminal 43 offense other than impaired driving under G.S. 20-138.1, if based on the defendant's prior record 44 or conviction level as found pursuant to Article 81B of this Chapter, an intermediate punishment 45 is authorized for the class of offense of which the defendant has been convicted. A defendant 46 convicted of impaired driving under G.S. 20-138.1 may also be sentenced to special probation. 47 Under a sentence of special probation, the court may suspend the term of imprisonment and place 48 the defendant on probation as provided in Article 82, Probation, and in addition require that the 49 defendant submit to a period or periods of imprisonment in the custody of the Division of 50 Community Supervision and Reentry of the Department of Adult Correction or a designated local 51 General Assembly Of North Carolina Session 2025 Page 12 House Bill 483-First Edition confinement or treatment facility at whatever time or intervals within the period of probation, 1 consecutive or nonconsecutive, the court determines, as provided in this subsection. For 2 probationary sentences for misdemeanors, including impaired driving under G.S. 20-138.1, all 3 imprisonment under this subsection shall be in a designated local confinement or treatment 4 facility. If the person being ordered to a period or periods of imprisonment is under the age of 5 18, that person must shall be committed to the Division of Prisons of the Department of Adult 6 Correction and shall be imprisoned in a detention facility approved by the Division of Juvenile 7 Justice to provide secure confinement and care for juveniles or to a holdover facility as defined 8 in G.S. 7B-1501(11). operated by the Division of Prisons. Personnel of the Division of Juvenile 9 Justice of the Department of Public Safety, or personnel approved by the Division of Juvenile 10 Justice, shall transport the person to the facility operated by the Division of Prisons if the person 11 is in custody of the Division of Juvenile Justice at the time of commitment. If the person being 12 ordered to a period or periods of imprisonment reaches the age of 18 years while imprisoned, the 13 person may be transported by personnel of the Division of Juvenile Justice, Prisons, or personnel 14 approved by the Division of Juvenile Justice, Prisons, to the custody of the sheriff of the 15 applicable local confinement facility. In addition to any other conditions of probation which the 16 court may impose, the court shall impose, when imposing a period or periods of imprisonment 17 as a condition of special probation, the condition that the defendant obey the Rules and 18 Regulations of the Division of Prisons of the Department of Adult Correction and, if applicable, 19 the Division of Juvenile Justice of the Department of Public Safety, governing conduct of 20 inmates, and this condition shall apply to the defendant whether or not the court imposes it as a 21 part of the written order. Except for probationary sentences for misdemeanors, including 22 impaired driving under G.S. 20-138.1, if imprisonment is for continuous periods, the 23 confinement may be in the custody of either the Division of Community Supervision and Reentry 24 of the Department of Adult Correction or a local confinement facility. Noncontinuous periods of 25 imprisonment under special probation may only be served in a designated local confinement or 26 treatment facility. If the person being ordered continuous or noncontinuous periods of 27 imprisonment is under the age of 18, that person must shall be committed to the Division of 28 Prisons and shall be imprisoned in a detention facility approved by the Division of Juvenile 29 Justice to provide secure confinement and care for juveniles or to a holdover facility as defined 30 in G.S. 7B-1501(11). operated by the Division of Prisons. Personnel of the Division of Juvenile 31 Justice, or personnel approved by the Division of Juvenile Justice, shall transport the person to 32 the facility operated by the Division of Prisons if the person is in custody of the Division of 33 Juvenile Justice at the time of commitment. If the person being ordered to a period or periods of 34 imprisonment reaches the age of 18 years while imprisoned, the person may be transported by 35 personnel of the Division of Juvenile Justice, Prisons, or personnel approved by the Juvenile 36 Justice Division, Division of Prisons, to the custody of the sheriff of the applicable local 37 confinement facility. Except for probationary sentences of impaired driving under G.S. 20-138.1, 38 the total of all periods of confinement imposed as an incident of special probation, but not 39 including an activated suspended sentence, may not exceed one-fourth the maximum sentence of 40 imprisonment imposed for the offense, and no confinement other than an activated suspended 41 sentence may be required beyond two years of conviction. For probationary sentences for 42 impaired driving under G.S. 20-138.1, the total of all periods of confinement imposed as an 43 incident of special probation, but not including an activated suspended sentence, shall not exceed 44 one-fourth the maximum penalty allowed by law. In imposing a sentence of special probation, 45 the judge may credit any time spent committed or confined, as a result of the charge, to either the 46 suspended sentence or to the imprisonment required for special probation. The original period of 47 probation, including the period of imprisonment required for special probation, shall be as 48 specified in G.S. 15A-1343.2(d), but may not exceed a maximum of five years, except as 49 provided by G.S. 15A-1342(a). The court may revoke, modify, or terminate special probation as 50 otherwise provided for probationary sentences." 51 General Assembly Of North Carolina Session 2025 House Bill 483-First Edition Page 13 SECTION 7.(j) G.S. 15A-1352 reads as rewritten: 1 "§ 15A-1352. Commitment to Division of Prisons of the Department of Adult Correction 2 or local confinement facility. 3 (a) Except as provided in subsection (f) of this section, a person sentenced to 4 imprisonment for a misdemeanor under this Article or for nonpayment of a fine for conviction 5 of a misdemeanor under Article 84 of this Chapter shall be committed for the term designated by 6 the court to the Statewide Misdemeanant Confinement Program as provided in G.S. 148-32.1 or, 7 if the period is for 90 days or less, to a local confinement facility, except as provided for in 8 G.S. 148-32.1(b). 9 If a person is sentenced to imprisonment for a misdemeanor under this Article or for 10 nonpayment of a fine under Article 84 of this Chapter, the sentencing judge may make a finding 11 of fact as to whether the person would be suitable for placement in a county satellite jail/work 12 release unit operated pursuant to G.S. 153A-230.3. If the sentencing judge makes a finding of 13 fact that the person would be suitable for placement in a county satellite jail/work release unit 14 and the person meets the requirements listed in G.S. 153A-230.3(a)(1), then the custodian of the 15 local confinement facility may transfer the misdemeanant to a county satellite jail/work release 16 unit. 17 If the person sentenced to imprisonment is under the age of 18, the person must shall be 18 committed to a detention facility approved by the Division of Juvenile Justice to provide secure 19 confinement and care for juveniles. the custody of the Division of Prisons of the Department of 20 Adult Correction and shall be confined in a facility operated by the Division of Prisons. Personnel 21 of the Division of Juvenile Justice or personnel approved by the Division of Juvenile Justice shall 22 transport the person to the detention facility. facility operated by the Division of Prisons, if the 23 person is in the custody of the Division of Juvenile Justice at the time of commitment. If the 24 person sentenced to imprisonment reaches the age of 18 years while imprisoned, the person may 25 be transported by personnel of the Juvenile Justice Division, Division of Prisons, or personnel 26 approved by the Juvenile Justice Division, Division of Prisons, to the custody of the sheriff of 27 the applicable local confinement facility. 28 … 29 (f) A person sentenced to imprisonment of any duration for impaired driving under 30 G.S. 20-138.1, other than imprisonment required as a condition of special probation under 31 G.S. 15A-1351(a) or G.S. 15A-1344(e), shall be committed to the Statewide Misdemeanant 32 Confinement Program established under G.S. 148-32.1. 33 If the person sentenced to imprisonment is under the age of 18, the person must shall be 34 committed to a detention facility approved by the Division of Juvenile Justice to provide secure 35 confinement and care for juveniles. the custody of the Division of Prisons of the Department of 36 Adult Correction and shall be confined in a facility operated by the Division of Prisons. Personnel 37 of the Division of Juvenile Justice or personnel approved by the Division of Juvenile Justice shall 38 transport the person to the detention facility. facility operated by the Division of Prisons, if the 39 person is in the custody of the Division of Juvenile Justice at the time of commitment. If the 40 person sentenced to imprisonment reaches the age of 18 years while imprisoned, the person may 41 be transported by personnel of the Division of Juvenile Justice, Prisons, or personnel approved 42 by the Division of Juvenile Justice, Prisons, to the custody of the sheriff of the applicable local 43 confinement facility. 44 …." 45 SECTION 7.(k) G.S. 148-13 reads as rewritten: 46 "§ 148-13. Regulations as to custody grades, privileges, gain time credit, etc. 47 … 48 (a1) The Secretary of the Department of Adult Correction shall adopt rules to specify the 49 rates at, and circumstances under, which earned time authorized by G.S. 15A-1340.13(d) and 50 G.S. 15A-1340.20(d) may be earned or forfeited by persons serving activated sentences of 51 General Assembly Of North Carolina Session 2025 Page 14 House Bill 483-First Edition imprisonment for felony or misdemeanor convictions. Such rules shall include any person 1 serving an activated sentence of imprisonment who is confined in a detention facility approved 2 by the Division of Juvenile Justice of the Department of Public Safety. 3 … 4 (e) The Secretary's regulations concerning earned time and good time credits authorized 5 by this section shall be distributed to and followed by local jail administrators and by personnel 6 of the Division of Juvenile Justice or personnel approved by the Division of Juvenile Justice with 7 regard to sentenced jail prisoners, including prisoners housed in a detention facility approved by 8 the Division of Juvenile Justice.prisoners. 9 …." 10 SECTION 7.(l) G.S. 148-32.1(e) reads as rewritten: 11 "(e) Upon entry of a prisoner serving a sentence of imprisonment for impaired driving 12 under G.S. 20-138.1 into a local confinement facility or to a detention facility approved by the 13 Division of Juvenile Justice of the Department of Public Safety a person under the age of 18 14 confined in a facility operated by the Division of Prisons of the Department of Adult Correction 15 pursuant to this section, the custodian of the local confinement facility or detention facility 16 operated by the Division of Prisons shall forward to the Post-Release Supervision and Parole 17 Commission information pertaining to the prisoner so as to make him eligible for parole 18 consideration pursuant to G.S. 15A-1371. Such information shall include date of incarceration, 19 jail credit, and such other information as may be required by the Post-Release Supervision and 20 Parole Commission. The Post-Release Supervision and Parole Commission shall approve a form 21 upon which the custodian shall furnish this information, which form will be provided to the 22 custodian by the Division of Prisons." 23 SECTION 7.(m) G.S. 20-179(k5)(5) reads as rewritten: 24 "(5) Submit to a period or periods of confinement in a local confinement facility 25 for a total of no more than six days per month during any three separate 26 months during the period of probation. The six days per month confinement 27 provided for in this subdivision may only be imposed as two-day or three-day 28 consecutive periods. When a defendant is on probation for multiple 29 judgments, confinement periods imposed under this subdivision shall run 30 concurrently and may total no more than six days per month. If the person 31 being ordered to a period or periods of confinement is under the age of 18, 32 that person must shall be confined in a detention facility approved by the 33 Division of Juvenile Justice of the Department of Public Safety to provide 34 secure confinement and care for juveniles or to a holdover facility as defined 35 in G.S. 7B-1501(11). operated by the Division of Prisons of the Department 36 of Adult Correction. If the person being ordered to a period or periods of 37 confinement reaches the age of 18 years while in confinement, the person may 38 be transported by personnel of the Division of Juvenile Justice, Prisons, or 39 personnel approved by the Division of Juvenile Justice, Prisons, to the custody 40 of the sheriff of the applicable local confinement facility." 41 42 PART VIII. SAVINGS CLAUSE AND EFFECTIVE DATE 43 SECTION 8.(a) Prosecutions for offenses committed before the effective date of 44 this act are not abated or affected by this act, and the statutes that would be applicable but for 45 this act remain applicable to those prosecutions. 46 SECTION 8.(b) Parts I through VI of this act become effective December 1, 2025, 47 and apply to offenses committed on or after that date. Part VII of this act becomes effective 48 August 1, 2025, and applies to offenses committed, sentences imposed, and any other orders of 49 imprisonment issued on or after that date. The remainder of this act is effective when it becomes 50 law. 51