§ 14‑208.40A. Determination of satellite‑based monitoring requirement by court.
(a) When an offender isconvicted of a reportable conviction as defined by G.S. 14‑208.6(4),during the sentencing phase, the district attorney shall present to the courtany evidence that (i) the offender has been classified as a sexually violentpredator pursuant to G.S. 14‑208.20, (ii) the offender is a recidivist,(iii) the conviction offense was an aggravated offense, (iv) the convictionoffense was a violation of G.S. 14‑27.2A or G.S. 14‑27.4A, or (v)the offense involved the physical, mental, or sexual abuse of a minor. Thedistrict attorney shall have no discretion to withhold any evidence required tobe submitted to the court pursuant to this subsection.
The offender shall be allowedto present to the court any evidence that the district attorney's evidence isnot correct.
(b) After receipt ofthe evidence from the parties, the court shall determine whether the offender'sconviction places the offender in one of the categories described in G.S. 14‑208.40(a),and if so, shall make a finding of fact of that determination, specifyingwhether (i) the offender has been classified as a sexually violent predatorpursuant to G.S. 14‑208.20, (ii) the offender is a recidivist, (iii) theconviction offense was an aggravated offense, (iv) the conviction offense was aviolation of G.S. 14‑27.2A or G.S. 14‑27.4A, or (v) the offenseinvolved the physical, mental, or sexual abuse of a minor.
(c) If the court findsthat the offender has been classified as a sexually violent predator, is arecidivist, has committed an aggravated offense, or was convicted of G.S. 14‑27.2Aor G.S. 14‑27.4A, the court shall order the offender to enroll in asatellite‑based monitoring program for life.
(d) If the court findsthat the offender committed an offense that involved the physical, mental, orsexual abuse of a minor, that the offense is not an aggravated offense or aviolation of G.S. 14‑27.2A or G.S. 14‑27.4A and the offender is nota recidivist, the court shall order that the Department do a risk assessment ofthe offender. The Department shall have a minimum of 30 days, but not more than60 days, to complete the risk assessment of the offender and report the resultsto the court.
(e) Upon receipt of a riskassessment from the Department pursuant to subsection (d) of this section, thecourt shall determine whether, based on the Department's risk assessment, theoffender requires the highest possible level of supervision and monitoring. Ifthe court determines that the offender does require the highest possible levelof supervision and monitoring, the court shall order the offender to enroll ina satellite‑based monitoring program for a period of time to be specifiedby the court. (2007‑213,s. 2; 2008‑117, s. 16.1.)
§ 14‑208.40A. Determination of satellite‑based monitoring requirement by court.
(a) When an offender isconvicted of a reportable conviction as defined by G.S. 14‑208.6(4),during the sentencing phase, the district attorney shall present to the courtany evidence that (i) the offender has been classified as a sexually violentpredator pursuant to G.S. 14‑208.20, (ii) the offender is a recidivist,(iii) the conviction offense was an aggravated offense, (iv) the convictionoffense was a violation of G.S. 14‑27.2A or G.S. 14‑27.4A, or (v)the offense involved the physical, mental, or sexual abuse of a minor. Thedistrict attorney shall have no discretion to withhold any evidence required tobe submitted to the court pursuant to this subsection.
The offender shall be allowedto present to the court any evidence that the district attorney's evidence isnot correct.
(b) After receipt ofthe evidence from the parties, the court shall determine whether the offender'sconviction places the offender in one of the categories described in G.S. 14‑208.40(a),and if so, shall make a finding of fact of that determination, specifyingwhether (i) the offender has been classified as a sexually violent predatorpursuant to G.S. 14‑208.20, (ii) the offender is a recidivist, (iii) theconviction offense was an aggravated offense, (iv) the conviction offense was aviolation of G.S. 14‑27.2A or G.S. 14‑27.4A, or (v) the offenseinvolved the physical, mental, or sexual abuse of a minor.
(c) If the court findsthat the offender has been classified as a sexually violent predator, is arecidivist, has committed an aggravated offense, or was convicted of G.S. 14‑27.2Aor G.S. 14‑27.4A, the court shall order the offender to enroll in asatellite‑based monitoring program for life.
(d) If the court findsthat the offender committed an offense that involved the physical, mental, orsexual abuse of a minor, that the offense is not an aggravated offense or aviolation of G.S. 14‑27.2A or G.S. 14‑27.4A and the offender is nota recidivist, the court shall order that the Department do a risk assessment ofthe offender. The Department shall have a minimum of 30 days, but not more than60 days, to complete the risk assessment of the offender and report the resultsto the court.
(e) Upon receipt of a riskassessment from the Department pursuant to subsection (d) of this section, thecourt shall determine whether, based on the Department's risk assessment, theoffender requires the highest possible level of supervision and monitoring. Ifthe court determines that the offender does require the highest possible levelof supervision and monitoring, the court shall order the offender to enroll ina satellite‑based monitoring program for a period of time to be specifiedby the court. (2007‑213,s. 2; 2008‑117, s. 16.1.)
§ 14‑208.40A. Determination of satellite‑based monitoring requirement by court.
(a) When an offender isconvicted of a reportable conviction as defined by G.S. 14‑208.6(4),during the sentencing phase, the district attorney shall present to the courtany evidence that (i) the offender has been classified as a sexually violentpredator pursuant to G.S. 14‑208.20, (ii) the offender is a recidivist,(iii) the conviction offense was an aggravated offense, (iv) the convictionoffense was a violation of G.S. 14‑27.2A or G.S. 14‑27.4A, or (v)the offense involved the physical, mental, or sexual abuse of a minor. Thedistrict attorney shall have no discretion to withhold any evidence required tobe submitted to the court pursuant to this subsection.
The offender shall be allowedto present to the court any evidence that the district attorney's evidence isnot correct.
(b) After receipt ofthe evidence from the parties, the court shall determine whether the offender'sconviction places the offender in one of the categories described in G.S. 14‑208.40(a),and if so, shall make a finding of fact of that determination, specifyingwhether (i) the offender has been classified as a sexually violent predatorpursuant to G.S. 14‑208.20, (ii) the offender is a recidivist, (iii) theconviction offense was an aggravated offense, (iv) the conviction offense was aviolation of G.S. 14‑27.2A or G.S. 14‑27.4A, or (v) the offenseinvolved the physical, mental, or sexual abuse of a minor.
(c) If the court findsthat the offender has been classified as a sexually violent predator, is arecidivist, has committed an aggravated offense, or was convicted of G.S. 14‑27.2Aor G.S. 14‑27.4A, the court shall order the offender to enroll in asatellite‑based monitoring program for life.
(d) If the court findsthat the offender committed an offense that involved the physical, mental, orsexual abuse of a minor, that the offense is not an aggravated offense or aviolation of G.S. 14‑27.2A or G.S. 14‑27.4A and the offender is nota recidivist, the court shall order that the Department do a risk assessment ofthe offender. The Department shall have a minimum of 30 days, but not more than60 days, to complete the risk assessment of the offender and report the resultsto the court.
(e) Upon receipt of a riskassessment from the Department pursuant to subsection (d) of this section, thecourt shall determine whether, based on the Department's risk assessment, theoffender requires the highest possible level of supervision and monitoring. Ifthe court determines that the offender does require the highest possible levelof supervision and monitoring, the court shall order the offender to enroll ina satellite‑based monitoring program for a period of time to be specifiedby the court. (2007‑213,s. 2; 2008‑117, s. 16.1.)
