A BILL TO BE ENTITLED
AN ACT to amend the procedures for persons on probation who are directed to participate in an abuser treatment program and make clarifying changes relating to domestic violence offenses.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 15A‑1343(b) reads as rewritten:
"(b)	Regular Conditions. – As regular conditions of probation, a defendant must:
…
(12)	Attend and complete an abuser treatment program if (i) the court finds the defendant is responsible for acts of domestic violence and (ii) there is a program, approved by the Domestic Violence Commission, reasonably available to the defendant, unless the court finds that such would not be in the best interests of justice. A defendant attending an abuser treatment program shall abide by all of the rules of the program.
a.	If the defendant is placed on supervised probation, the following procedures apply:
1.	The probation officer shall forward a copy of the judgment, including all conditions of probation, to the abuser treatment program.
2.	The program shall notify the probation officer if the defendant fails to participate in the program or if the defendant is discharged from the program for violating any of the program rules.
3.	If the defendant fails to participate in the program or is discharged from the program for failure to comply with the program or its rules, the probation officer shall file a violation report with the court and notify the district attorney of such noncompliance.
b.	If the defendant is placed on unsupervised probation, the following procedures apply:
1.	The defendant shall be required to notify the district attorney and the abuser treatment program of their choice of program within 10 days of the judgment if the program has not previously been selected.
2.	The district attorney shall forward a copy of the judgment, including all conditions of probation, to the abuser treatment program.
3.	If the defendant fails to participate in the program or is discharged from the program for failure to comply with the program or its rules, the program shall notify the district attorney of such noncompliance.
…
Defendants placed on unsupervised probation are subject to the provisions of this subsection, except that defendants placed on unsupervised probation are not subject to the regular conditions contained in subdivisions (2), (3), (6), (8), (13), (14), and (15) of this subsection."
SECTION 2.  Section 3 of S.L. 2012‑39 reads as rewritten:
"SECTION 3. This act becomes effective December 1, 2012. Section 1 of this act applies to defendants placed on probation on or after that date. Section 2 of this act applies to judgments entered on or after that date."
SECTION 3.  Section 1 of this act becomes effective December 1, 2013, and applies to defendants placed on supervised or unsupervised probation on or after that date. The remainder of this act is effective when it becomes law.