North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S529 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 529
	3	+	S D
	4	+	SENATE BILL DRS35205-ND-31
	5	+
5	6
6	7
7	8		Short Title: Second Chance Success Act. (Public)
8	9		Sponsors: Senators Mayfield and Mohammed (Primary Sponsors).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 26, 2025~~
11		-	~~S529 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS35205 -ND-31
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO ELIMINATE VARIOUS CRIMINAL JUSTICE FEES AND RESTRICT THE 2
14	15		EXTENSION OF PROBATION WHEN FAILURE TO PAY THE PROBATION 3
15	16		SUPERVISION FEE IS THE ONLY GROUNDS FOR EXTENSION . 4
16	17		The General Assembly of North Carolina enacts: 5
17	18		SECTION 1.(a) G.S. 15A-1343(c1) reads as rewritten: 6
18	19		"(c1) Supervision Fee. – Any person placed on supervised probation pursuant to subsection 7
19	20		(a) of this section shall pay a supervision fee of forty dollars ($40.00) per month, unless exempted 8
20	21		by the court. The court may exempt a person from paying the fee only for good cause and upon 9
21	22		motion of the person placed on supervised probation. No person shall be required to pay more 10
22	23		than one supervision fee per month. The court may require that the fee be paid in advance or in 11
23	24		a lump sum or sums, and a probation officer may require payment by such methods if he is 12
24	25		authorized by subsection (g) to determine the payment schedule. Supervision fees must be paid 13
25	26		to the clerk of court for the county in which the judgment was entered, the deferred prosecution 14
26	27		agreement was filed, or the conditional discharge was ordered. Fees collected under this 15
27	28		subsection shall be transmitted to the State for deposit into the State's General Fund. 16
28	29		Notwithstanding any provision of law to the contrary, a term of probation shall not be extended 17
29	30		solely for the nonpayment of the supervision fee required by this subsection." 18
30	31		SECTION 1.(b) This section is effective when it becomes law and applies to orders 19
31	32		of extension issued on or after that date. 20
32	33		SECTION 2.(a) G.S. 15A-1343, as amended by Section 1 of this act, reads as 21
33	34		rewritten: 22
34	35		"§ 15A-1343. Conditions of probation. 23
35	36		… 24
36	37		(a1) Community and Intermediate Probation Conditions. – In addition to any conditions a 25
37	38		court may be authorized to impose pursuant to G.S. 15A-1343(b1), the court may include any 26
38	39		one or more of the following conditions as part of a community or intermediate punishment: 27
39	40		… 28
40	41		(2) Perform community service and pay the fee prescribed by law for this 29
41	42		supervision.service. 30
42	43		… 31
43	44		(b) Regular Conditions. – As regular conditions of probation, a defendant must: 32
44	45		… 33
45	46		(6) Pay a supervision fee as specified in subsection (c1). 34
46		-	… 35 General Assembly Of North Carolina Session 2025
47		-	Page 2 Senate Bill 529-First Edition
	47	+	… 35
	48	+	FILED SENATE
	49	+	Mar 25, 2025
	50	+	S.B. 529
	51	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRS35205-ND-31
48	53		In addition to these regular conditions of probation, a defendant required to serve an active 1
49	54		term of imprisonment as a condition of special probation pursuant to G.S. 15A-1344(e) or 2
50	55		G.S. 15A-1351(a) shall, as additional regular conditions of probation, obey the rules and 3
51	56		regulations of the Division of Prisons of the Department of Adult Correction and, if applicable, 4
52	57		the Division of Juvenile Justice of the Department of Public Safety, governing the conduct of 5
53	58		inmates while imprisoned and report to a probation officer in the State of North Carolina within 6
54	59		72 hours of his discharge from the active term of imprisonment. 7
55	60		Regular conditions of probation apply to each defendant placed on supervised probation 8
56	61		unless the presiding judge specifically exempts the defendant from one or more of the conditions 9
57	62		in open court and in the judgment of the court. It is not necessary for the presiding judge to state 10
58	63		each regular condition of probation in open court, but the conditions must be set forth in the 11
59	64		judgment of the court. 12
60	65		Defendants placed on unsupervised probation are subject to the provisions of this subsection, 13
61	66		except that defendants placed on unsupervised probation are not subject to the regular conditions 14
62	67		contained in subdivisions (2), (3), (6), (8), (13), (14), (15), (16) and (17) of this subsection. 15
63	68		(b1) Special Conditions. – In addition to the regular conditions of probation specified in 16
64	69		subsection (b), the court may, as a condition of probation, require that during the probation the 17
65	70		defendant comply with one or more of the following special conditions: 18
66	71		… 19
67	72		(6) Perform community or reparation service under the supervision of the 20
68	73		Division of Community Supervision and Reentry of the Department of Adult 21
69	74		Correction and pay the fee required by G.S. 143B-708.Correction. 22
70	75		… 23
71	76		(b4) Intermediate Conditions. – The following conditions of probation apply to each 24
72	77		defendant subject to intermediate punishment: 25
73	78		(1) If required in the discretion of the defendant's probation officer, perform 26
74	79		community service under the supervision of the Division of Community 27
75	80		Supervision and Reentry and pay the fee required by 28
76	81		G.S. 143B-1483.Reentry. 29
77	82		… 30
78	83		(c1) Supervision Fee. – Any person placed on supervised probation pursuant to subsection 31
79	84		(a) of this section shall pay a supervision fee of forty dollars ($40.00) per month, unless exempted 32
80	85		by the court. The court may exempt a person from paying the fee only for good cause and upon 33
81	86		motion of the person placed on supervised probation. No person shall be required to pay more 34
82	87		than one supervision fee per month. The court may require that the fee be paid in advance or in 35
83	88		a lump sum or sums, and a probation officer may require payment by such methods if he is 36
84	89		authorized by subsection (g) to determine the payment schedule. Supervision fees must be paid 37
85	90		to the clerk of court for the county in which the judgment was entered, the deferred prosecution 38
86	91		agreement was filed, or the conditional discharge was ordered. Fees collected under this 39
87	92		subsection shall be transmitted to the State for deposit into the State's General Fund. 40
88	93		Notwithstanding any provision of law to the contrary, a term of probation shall not be extended 41
89	94		solely for the nonpayment of the supervision fee required by this subsection. 42
90	95		…." 43
91	96		SECTION 2.(b) This section is effective when it becomes law and applies to terms 44
92	97		of probation ordered on or after that date. 45
93	98		SECTION 3.(a) G.S. 15A-1343.2 reads as rewritten: 46
94	99		"§ 15A-1343.2. Special probation rules for persons sentenced under Article 81B. 47
95	100		… 48
96	101		(e) Delegation to Probation Officer in Community Punishment. – Unless the presiding 49
97	102		judge specifically finds in the judgment of the court that delegation is not appropriate, the 50 General Assembly Of North Carolina Session 2025
98		-	~~Senate Bill 529-First Edition~~ Page 3
	103	+	DRS35205-ND-31 Page 3
99	104		Division of Community Supervision and Reentry of the Department of Adult Correction may 1
100	105		require an offender sentenced to community punishment to do any of the following: 2
101	106		(1) Perform up to 20 hours of community service, and pay the fee prescribed by 3
102	107		law for this supervision.service. 4
103	108		… 5
104	109		(f) Delegation to Probation Officer in Intermediate Punishments. – Unless the presiding 6
105	110		judge specifically finds in the judgment of the court that delegation is not appropriate, the 7
106	111		Division of Community Supervision and Reentry of the Department of Adult Correction may 8
107	112		require an offender sentenced to intermediate punishment to do any of the following: 9
108	113		(1) Perform up to 50 hours of community service, and pay the fee prescribed by 10
109	114		law for this supervision.service. 11
110	115		…." 12
111	116		SECTION 3.(b) This section is effective when it becomes law and applies to terms 13
112	117		of probation ordered on or after that date. 14
113	118		SECTION 4. Except as otherwise provided, this act is effective when it becomes 15
114	119		law. 16