A BILL TO BE ENTITLED
AN ACT to provide that when a probationer is arrested and charged with the commission of a felony a judicial official must determine whether the probationer poses a danger to the public before determining conditions of pretrial release, and to provide that when a probationer is charged with a violation of probation, and has a pending felony charge, a judicial official must determine whether the probationer poses a danger to the public and if the probationer is a danger to the public the judicial official must deny release on the probation violation charge.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 15A‑534 is amended by adding a new subsection to read:
"(d2)	When conditions of pretrial release are being imposed on a defendant who is charged with a felony offense and the defendant is currently on probation for a prior offense, the judicial official shall determine whether the defendant poses a danger to the public prior to imposing conditions of pretrial release and must record that determination in writing. If the judicial official determines that the defendant poses a danger to the public, the judicial official must impose condition (4) in subsection (a) of this section instead of condition (1), (2), or (3). If the judicial official finds that there is insufficient information to determine whether the defendant poses a danger to the public, then the defendant shall be retained in custody not more than seven days from the date of the arrest in order for the judicial official to obtain sufficient information to determine whether the defendant poses a danger to the public. If the judicial official is unable to obtain sufficient information to determine whether the defendant poses a danger to the public, the judicial official must record that fact in writing and, no later than seven days from the date of arrest, shall impose conditions of pretrial release as otherwise provided in this section."
SECTION 2.  G.S. 15A‑1345(b) reads as rewritten:
"(b)	Bail Following Arrest for Probation Violation. – If at any time during the period of probation the probationer is arrested for a violation of any of the conditions of probation, he must be taken without unnecessary delay before a judicial official to have conditions of release pending a revocation hearing set in the same manner as provided in G.S. 15A‑534. Notwithstanding the provisions of G.S. 15A‑534, if the probationer is arrested for a violation of any of the conditions of probation and (i) has a pending charge for a felony offense or (ii) has been convicted of an offense at any time that requires registration under Article 27A of Chapter 14 of the General Statutes or an offense that would have required registration but for the effective date of the law establishing the Sex Offender and Public Protection Registration Program, the judicial official shall determine whether the probationer poses a danger to the public prior to imposing conditions of release and must record that determination in writing. If the judicial official determines that the probationer poses a danger to the public, the probationer shall be denied release pending a revocation hearing. If the judicial official finds that there is insufficient information to determine whether the probationer poses a danger to the public, then the probationer shall be retained in custody not more than seven days from the date of the arrest for the probation violation in order for the judicial official to obtain sufficient information to determine whether the probationer poses a danger to the public. If the judicial official is unable to obtain sufficient information to determine whether the probationer poses a danger to the public, the judicial official must record that fact in writing and, no later than seven days from the date of arrest, shall impose conditions of release as otherwise provided in this subsection."
SECTION 3.  This act becomes effective December 1, 2009, and applies to offenses committed on or after that date.