GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 1261

Short Title:  Law Officer/Search Probationer or Parolee.     	(Public)

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Sponsors: Representatives Goodwin and Smith (Primary Sponsors).

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Referred to:  Judiciary III.

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April 15, 1999

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE LAW ENFORCEMENT OFFICERS TO CONDUCT SEARCHES OF PROBATIONERS OR PAROLEES WITHOUT PROBABLE CAUSE WHEN THAT IS IMPOSED AS A CONDITION OF THE PROBATION OR PAROLE.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 15A-1343(b1) reads as rewritten:
"(b1)	Special Conditions. – In addition to the regular conditions of probation specified in subsection (b), the court may, as a condition of probation, require that during the probation the defendant comply with one or more of the following special conditions:
(1)	Undergo available medical or psychiatric treatment and remain in a specified institution if required for that purpose.
(2)	Attend or reside in a facility providing rehabilitation, counseling, treatment, social skills, or employment training, instruction, recreation, or residence for persons on probation.
(2a)	Submit to a period of residential treatment in the Intensive Motivational Program of Alternative Correctional Treatment (IMPACT), pursuant to G.S. 15A-1343.1, for a minimum of 90 days or a maximum of 120 days and abide by all rules and regulations of that program. This condition may also include a period of supervision through the Post-Boot Camp Probation Program.
(3)	Submit to imprisonment required for special probation under G.S. 15A-1351(a) or G.S. 15A-1344(e).
(3a)	Repealed by Session Laws 1997-57, s. 3.
(3b)	Submit to supervision by officers assigned to the Intensive Supervision Program established pursuant to G.S. 143B-262(c), and abide by the rules adopted for that Program. Unless otherwise ordered by the court, intensive supervision also requires multiple contacts by a probation officer per week, a specific period each day during which the offender must be at his or her residence, and that the offender remain gainfully and suitably employed or faithfully pursue a course of study or of vocational training that will equip the offender for suitable employment.
(3c)	Remain at his or her residence unless the court or the probation officer authorizes the offender to leave for the purpose of employment, counseling, a course of study, or vocational training. The offender shall be required to wear a device which permits the supervising agency to monitor the offender's compliance with the condition electronically.
(4)	Surrender his driver's license to the clerk of superior court, and not operate a motor vehicle for a period specified by the court.
(5)	Compensate the Department of Environment and Natural Resources or the North Carolina Wildlife Resources Commission, as the case may be, for the replacement costs of any marine and estuarine resources or any wildlife resources which were taken, injured, removed, harmfully altered, damaged or destroyed as a result of a criminal offense of which the defendant was convicted. If any investigation is required by officers or agents of the Department of Environment and Natural Resources or the Wildlife Resources Commission in determining the extent of the destruction of resources involved, the court may include compensation of the agency for investigative costs as a condition of probation. This subdivision does not apply in any case governed by G.S. 143-215.3(a)(7).
(6)	Perform community or reparation service and pay any fee required by law or ordered by the court for participation in the community or reparation service program.
(7)	Submit at reasonable times to warrantless searches by a probation officer or a law enforcement officer  of his person and of his vehicle and premises while he is present, for purposes specified by the court and reasonably related to his probation supervision, but the probationer may not be required to submit to any other search that would otherwise be unlawful. Whenever the warrantless search consists of testing for the presence of illegal drugs, the probationer may also be required to reimburse the Department of Correction for the actual cost of drug screening and drug testing, if the results are positive.
(8)	Not use, possess, or control any illegal drug or controlled substance unless it has been prescribed for him by a licensed physician and is in the original container with the prescription number affixed on it; not knowingly associate with any known or previously convicted users, possessors or sellers of any such illegal drugs or controlled substances; and not knowingly be present at or frequent any place where such illegal drugs or controlled substances are sold, kept, or used.
(8a)	Purchase the least expensive annual statewide license or combination of licenses to hunt, trap, or fish listed in G.S. 113-270.2, 113-270.3, 113-270.5, 113-271, 113-272, and 113-272.2 that would be required to engage lawfully in the specific activity or activities in which the defendant was engaged and which constitute the basis of the offense or offenses of which he was convicted.
(9)	If the offense is one in which there is evidence of physical, mental or sexual abuse of a minor, the court should encourage the minor and the minor's parents or custodians to participate in rehabilitative treatment and may order the defendant to pay the cost of such treatment.
(10)	Satisfy any other conditions determined by the court to be reasonably related to his rehabilitation."
Section 2.  G.S. 15A-1374(b) reads as rewritten:
"(b)	Appropriate Conditions. – As conditions of parole, the Commission may require that the parolee comply with one or more of the following conditions:
(1)	Work faithfully at suitable employment or faithfully pursue a course of study or vocational training that will equip him for suitable employment.
(2)	Undergo available medical or psychiatric treatment and remain in a specified institution if required for that purpose.
(3)	Attend or reside in a facility providing rehabilitation, instruction, recreation, or residence for persons on parole.
(4)	Support his dependents and meet other family responsibilities.
(5)	Refrain from possessing a firearm, destructive device, or other dangerous weapon unless granted written permission by the Commission or the parole officer.
(6)	Report to a parole officer at reasonable times and in a reasonable manner, as directed by the Commission or the parole officer.
(7)	Permit the parole officer to visit him at reasonable times at his home or elsewhere.
(8)	Remain within the geographic limits fixed by the Commission unless granted written permission to leave by the Commission or the parole officer.
(9)	Answer all reasonable inquiries by the parole officer and obtain prior approval from the parole officer for any change in address or employment.
(10)	Promptly notify the parole officer of any change in address or employment.
(11)	Submit at reasonable times to searches of his person by a parole officer or law enforcement officer for purposes reasonably related to his parole supervision.  The Commission may not require as a condition of parole that the parolee submit to any other searches that would otherwise be unlawful.  Whenever the search consists of testing for the presence of illegal drugs, the parolee may also be required to reimburse the Department of Correction for the actual cost of drug testing and drug screening, if the results are positive.
(11a)	Make restitution or reparation to an aggrieved party as provided in G.S. 148-57.1.
(11b)	Comply with an order from a court of competent jurisdiction regarding the payment of an obligation of the parolee in connection with any judgment rendered by the court.
(11c)	In the case of a parolee who was attending a basic skills program during incarceration, continue attending a basic skills program in pursuit of a General Education Development Degree or adult high school diploma.
(12)	Satisfy other conditions reasonably related to his rehabilitation."
Section 3.  Article 10 of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A-232.  Warrantless searches and seizures permitted under certain conditions of probation and parole.
A warrantless search may be conducted by a probation officer or law enforcement officer as provided by G.S. 15A-1343(b1)	or G.S. 1374(b).”
Section 4.  This act becomes effective December 1, 1999.