North Carolina § 148-10 - 3. Electronic monitoring costs.

§ 148-10. 3. Electronic monitoring costs.

Personnel, equipment, and other costs of providing electronic monitoring of pretrial or sentenced offenders shall be reimbursed to the Division of Adult Correction and Juvenile Justice of the Department of Public Safety by the State or local agency requesting the service in an amount not exceeding the actual costs. History (2002-126, s. 17.10(a); 2011-145, s. 19.1(h); 2017-186, s. 2(bbbbbbb).) Editor's Note. - Session Laws 2005-276, ss. 17.19(a) and (b), provide: "(a) The Department of Correction [Division of Adult Correction and Juvenile Justice of the Department of Public Safety] shall report by March 1 of each year to the Chairs of the Senate and House of Representatives Appropriations Committees and the Chairs of the Senate and House of Representatives Appropriations Subcommittees on Justice and Public Safety on its efforts to increase the use of electronic monitoring of sentenced offenders in the community as an alternative to the incarceration of probation violators. The report shall also document the geographical distribution of electronic monitoring use compared to other intermediate sanctions. The Department shall also analyze the reasons for the underutilization of the electronic monitoring program and include its findings in the report. "(b) The Department of Correction shall report to the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee by October 1, 2005, on the following: "(1) The Department's evaluation of its 2004 pilot program for monitoring sex offenders and domestic violence offenders using Global Positioning Systems (GPS) technology. "(2) The results of the Request for Proposal issued in the 2004-2005 fiscal year for GPS monitoring of offenders supervised by the Division of Community Corrections [Section of Community Corrections of the Division of Adult Correction and Juvenile Justice]. "(3) The Department's recommendations for implementing GPS monitoring of sex offenders, including: "a. An evaluation of the costs and benefits of passive versus active GPS technology. "b. The proposed coverage areas for GPS monitoring and the location of any geographic or technological limitations that prevent statewide coverage. "c. The size and characteristics of the targeted offender population and the proposed number of offenders to be monitored. "d. The contractual and internal costs of the monitoring program. "e. The proposed caseloads for probation officers who would supervise offenders using GPS technology. "The Department shall also explore funding options through grants and other sources, including the possibility of charging a fee to offenders to partially offset the costs of the program. Funds made available for federal grant matching purposes by Section 17.9 of this act may be used to match grants for GPS supervision. The Department shall report to the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee on any funds identified." Session Laws 2005-276, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2005.' " Session Laws 2005-276, s. 46.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2005-2007 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2005-2007 fiscal biennium." Session Laws 2005-276, s. 46.5, is a severability clause. Session Laws 2009-451, s. 19.12(d), provides: "The Department of Correction [Division of Adult Correction and Juvenile Justice of the Department of Public Safety] shall report by March 1 of each year to the Chairs of the House and Senate Appropriations Committees, the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Justice and Public Safety, and the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee on the following: "(1) The number of sex offenders enrolled on active and passive GPS monitoring. "(2) The caseloads of probation officers assigned to GPS-monitored sex offenders. "(3) The number of violations. "(4) The number of absconders. "(5) The projected number of offenders to be enrolled by the end of the 2009-2010 fiscal year and the end of the 2010-2011 fiscal year. "(6) The total cost of the program, including a per-offender cost." For prior similar provisions, see Session Laws 2007-323, s. 17.14. Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009.' " Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium." Session Laws 2009-451, s. 28.5, is a severability clause. Effect of Amendments. - Session Laws 2017-186, s. 2(bbbbbbb), effective December 1, 2017, inserted "and Juvenile Justice" in the section.