A BILL TO BE ENTITLED
AN ACT to provide for the use of alcohol monitoring systems to be used to monitor individuals who have been sentenced for DWI convictions or as necessary by the courts to ensure COMPLIANCE with conditions of release, probation, or parole.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 20‑19(d) reads as rewritten:
"(d)	When a person's license is revoked under G.S. 20‑17(a)(2) and the person has another offense involving impaired driving for which he has been convicted, which offense occurred within three years immediately preceding the date of the offense for which his license is being revoked, the period of revocation is four years, and this period may be reduced only as provided in this section. The Division may conditionally restore the person's license after it has been revoked for at least two years under this subsection if he provides the Division with satisfactory proof that:
(1)	He has not in the period of revocation been convicted in North Carolina or any other state or federal jurisdiction of a motor vehicle offense, an alcoholic beverage control law offense, a drug law offense, or any other criminal offense involving the possession or consumption of alcohol or drugs; and
(2)	He is not currently an excessive user of alcohol or prescription drugs.
The Division may conditionally restore the person's license after it has been revoked for at least 12 months under G.S. 20‑17(a)(2) if he provides the Division with satisfactory proof that:
(1)	He has not consumed any alcohol for 12 months while being monitored by continuous alcohol monitoring devices.
(2)	He has not in the period of revocation been convicted in North Carolina or any other state or federal jurisdiction of a motor vehicle offense, an alcoholic beverage control law offense, or a drug law offense, or any other criminal offense involving the possession or consumption of alcohol or drugs.
(3)	He is also not currently an excessive user of prescription drugs.
If the Division restores the person's license, it may place reasonable conditions or restrictions on the person for the duration of the original revocation period."
SECTION 2.  G.S. 20‑19(e) reads as rewritten:
"(e)	When a person's license is revoked under G.S. 20‑17(a)(2) and the person has two or more previous offenses involving impaired driving for which he has been convicted, and the most recent offense occurred within the five years immediately preceding the date of the offense for which his license is being revoked, the revocation is permanent. The Division may, however, conditionally restore the person's license after it has been revoked for at least three years under this subsection if he provides the Division with satisfactory proof that:
(1)	In the three years immediately preceding the person's application for a restored license, he has not been convicted in North Carolina or in any other state or federal court of a motor vehicle offense, an alcohol beverage control law offense, a drug law offense, or any criminal offense involving the consumption of alcohol or drugs; and
(2)	He is not currently an excessive user of alcohol or prescription drugs.
The Division may conditionally restore the person's license after it has been revoked for at least 18 months under G.S. 20‑17(a)(2) if the person provides the Division with satisfactory proof that:
(1)	He has not consumed any alcohol for 18 months while being monitored by continuous alcohol monitoring devices.
(2)	He has not in the period of revocation been convicted in North Carolina or any other state or federal jurisdiction of a motor vehicle offense, an alcoholic beverage control law offense, a drug law offense, or any other criminal offense involving the possession or consumption of alcohol or drugs.
(3)	He is not currently an excessive user of prescription drugs.
If the Division restores the person's license, it may place reasonable conditions or restrictions on the person for any period up to three years from the date of restoration."
SECTION 3.  G.S. 20‑179(e) reads as rewritten:
"(e)	Mitigating Factors to Be Weighed. – The judge shall also determine before sentencing under subsection (f) whether any of the mitigating factors listed below apply to the defendant. The judge shall weigh the degree of mitigation of each factor in light of the particular circumstances of the case. The factors are:
(1)	Slight impairment of the defendant's faculties resulting solely from alcohol, and an alcohol concentration that did not exceed 0.09 at any relevant time after the driving.
(2)	Slight impairment of the defendant's faculties, resulting solely from alcohol, with no chemical analysis having been available to the defendant.
(3)	Driving at the time of the offense that was safe and lawful except for the impairment of the defendant's faculties.
(4)	A safe driving record, with the defendant's having no conviction for any motor vehicle offense for which at least four points are assigned under G.S. 20‑16 or for which the person's license is subject to revocation within five years of the date of the offense for which the defendant is being sentenced.
(5)	Impairment of the defendant's faculties caused primarily by a lawfully prescribed drug for an existing medical condition, and the amount of the drug taken was within the prescribed dosage.
(6)	The defendant's voluntary submission to a mental health facility for assessment after he was charged with the impaired driving offense for which he is being sentenced, and, if recommended by the facility, his voluntary participation in the recommended treatment.
(6a)	Completion of a mandated substance abuse assessment, compliance with its recommendations, and the maintaining of 60 days of continuous sobriety, as proven by a continuous alcohol monitoring system.
(7)	Any other factor that mitigates the seriousness of the offense.
Except for the factors in subdivisions (4), (6) and (7), the conduct constituting the mitigating factor shall occur during the same transaction or occurrence as the impaired driving offense."
SECTION 4.  G.S. 20‑179(g) reads as rewritten:
"(g)	Level One Punishment. – A defendant subject to Level One punishment may be fined up to four thousand dollars ($4,000) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than 30 days and a maximum term of not more than 24 months. The term of imprisonment may be suspended only if a condition of special probation is imposed to require the defendant to serve a term of imprisonment of at least 30 days. If the defendant is placed on probation, the judge shall impose a requirement that the defendant obtain a substance abuse assessment and the education or treatment required by G.S. 20‑17.6 for the restoration of a drivers license and as a condition of probation. The judge may impose any other lawful condition of probation. The judge may impose any other lawful condition of probation, such as continuous alcohol monitoring."
SECTION 5.  G.S. 20‑179(h) reads as rewritten:
"(h)	Level Two Punishment. – A defendant subject to Level Two punishment may be fined up to two thousand dollars ($2,000) and shall be sentenced to a term of imprisonment that includes a minimum term of not less than seven days and a maximum term of not more than 12 months. The term of imprisonment may be suspended only if a condition of special probation is imposed to require the defendant to serve a term of imprisonment of at least seven days. If the defendant is placed on probation, the judge shall impose a requirement that the defendant obtain a substance abuse assessment and the education or treatment required by G.S. 20‑17.6 for the restoration of a drivers license and as a condition of probation. The judge may impose any other lawful condition of probation. The judge may impose any other lawful condition of probation, such as continuous alcohol monitoring."
SECTION 6.  G.S. 15A‑1374(b) is amended by adding a new subdivision to read:
"(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.
(8a)	Remain in one or more specified places for a specified period or periods each day and wear a device that permits the defendant's compliance with the condition to be monitored electronically.
(8b)	Remain alcohol free and wear a device that permits the defendant's compliance with the condition to be monitored electronically.
(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 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 7.  This act becomes effective December 1, 2007, and applies to offenses committed on or after that date.