§ 14‑208.40B. Determination of satellite‑based monitoring requirement in certaincircumstances.
(a) When an offender isconvicted of a reportable conviction as defined by G.S. 14‑208.6(4), andthere has been no determination by a court on whether the offender shall berequired to enroll in satellite‑based monitoring, the Department shallmake an initial determination on whether the offender falls into one of thecategories described in G.S. 14‑208.40(a).
(b) If the Departmentdetermines that the offender falls into one of the categories described in G.S.14‑208.40(a), the district attorney, representing the Department, shallschedule a hearing in superior court for the county in which the offenderresides. The Department shall notify the offender of the Department'sdetermination and the date of the scheduled hearing by certified mail sent tothe address provided by the offender pursuant to G.S. 14‑208.7. Thehearing shall be scheduled no sooner than 15 days from the date thenotification is mailed. Receipt of notification shall be presumed to be thedate indicated by the certified mail receipt. Upon the court's determinationthat the offender is indigent and entitled to counsel, the court shall assigncounsel to represent the offender at the hearing pursuant to rules adopted bythe Office of Indigent Defense Services.
(c) At the hearing, thecourt shall determine if the offender falls into one of the categoriesdescribed in G.S. 14‑208.40(a). The court shall hold the hearing and makefindings of fact pursuant to G.S. 14‑208.40A.
If the court finds that (i)the offender has been classified as a sexually violent predator pursuant toG.S. 14‑208.20, (ii) the offender is a recidivist, (iii) the convictionoffense was an aggravated offense, or (iv) the conviction offense was aviolation of G.S. 14‑27.2A or G.S. 14‑27.4A, the court shall orderthe offender to enroll in satellite‑based monitoring for life.
If the court finds that theoffender committed an offense that involved the physical, mental, or sexualabuse of a minor, that the offense is not an aggravated offense or a violationof G.S. 14‑27.2A or G.S. 14‑27.4A, and the offender is not arecidivist, 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. The Department may use a risk assessment of the offender donewithin six months of the date of the hearing.
Upon receipt of a riskassessment from the Department, the court shall determine whether, based on theDepartment's risk assessment, the offender requires the highest possible levelof supervision and monitoring. If the court determines that the offender doesrequire the highest possible level of supervision and monitoring, the courtshall order the offender to enroll in a satellite‑based monitoringprogram for a period of time to be specified by the court. (2007‑213, s. 3; 2007‑484,s. 42(b); 2008‑117, s. 16.2; 2009‑387, s. 4.)
§ 14‑208.40B. Determination of satellite‑based monitoring requirement in certaincircumstances.
(a) When an offender isconvicted of a reportable conviction as defined by G.S. 14‑208.6(4), andthere has been no determination by a court on whether the offender shall berequired to enroll in satellite‑based monitoring, the Department shallmake an initial determination on whether the offender falls into one of thecategories described in G.S. 14‑208.40(a).
(b) If the Departmentdetermines that the offender falls into one of the categories described in G.S.14‑208.40(a), the district attorney, representing the Department, shallschedule a hearing in superior court for the county in which the offenderresides. The Department shall notify the offender of the Department'sdetermination and the date of the scheduled hearing by certified mail sent tothe address provided by the offender pursuant to G.S. 14‑208.7. Thehearing shall be scheduled no sooner than 15 days from the date thenotification is mailed. Receipt of notification shall be presumed to be thedate indicated by the certified mail receipt. Upon the court's determinationthat the offender is indigent and entitled to counsel, the court shall assigncounsel to represent the offender at the hearing pursuant to rules adopted bythe Office of Indigent Defense Services.
(c) At the hearing, thecourt shall determine if the offender falls into one of the categoriesdescribed in G.S. 14‑208.40(a). The court shall hold the hearing and makefindings of fact pursuant to G.S. 14‑208.40A.
If the court finds that (i)the offender has been classified as a sexually violent predator pursuant toG.S. 14‑208.20, (ii) the offender is a recidivist, (iii) the convictionoffense was an aggravated offense, or (iv) the conviction offense was aviolation of G.S. 14‑27.2A or G.S. 14‑27.4A, the court shall orderthe offender to enroll in satellite‑based monitoring for life.
If the court finds that theoffender committed an offense that involved the physical, mental, or sexualabuse of a minor, that the offense is not an aggravated offense or a violationof G.S. 14‑27.2A or G.S. 14‑27.4A, and the offender is not arecidivist, 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. The Department may use a risk assessment of the offender donewithin six months of the date of the hearing.
Upon receipt of a riskassessment from the Department, the court shall determine whether, based on theDepartment's risk assessment, the offender requires the highest possible levelof supervision and monitoring. If the court determines that the offender doesrequire the highest possible level of supervision and monitoring, the courtshall order the offender to enroll in a satellite‑based monitoringprogram for a period of time to be specified by the court. (2007‑213, s. 3; 2007‑484,s. 42(b); 2008‑117, s. 16.2; 2009‑387, s. 4.)
§ 14‑208.40B. Determination of satellite‑based monitoring requirement in certaincircumstances.
(a) When an offender isconvicted of a reportable conviction as defined by G.S. 14‑208.6(4), andthere has been no determination by a court on whether the offender shall berequired to enroll in satellite‑based monitoring, the Department shallmake an initial determination on whether the offender falls into one of thecategories described in G.S. 14‑208.40(a).
(b) If the Departmentdetermines that the offender falls into one of the categories described in G.S.14‑208.40(a), the district attorney, representing the Department, shallschedule a hearing in superior court for the county in which the offenderresides. The Department shall notify the offender of the Department'sdetermination and the date of the scheduled hearing by certified mail sent tothe address provided by the offender pursuant to G.S. 14‑208.7. Thehearing shall be scheduled no sooner than 15 days from the date thenotification is mailed. Receipt of notification shall be presumed to be thedate indicated by the certified mail receipt. Upon the court's determinationthat the offender is indigent and entitled to counsel, the court shall assigncounsel to represent the offender at the hearing pursuant to rules adopted bythe Office of Indigent Defense Services.
(c) At the hearing, thecourt shall determine if the offender falls into one of the categoriesdescribed in G.S. 14‑208.40(a). The court shall hold the hearing and makefindings of fact pursuant to G.S. 14‑208.40A.
If the court finds that (i)the offender has been classified as a sexually violent predator pursuant toG.S. 14‑208.20, (ii) the offender is a recidivist, (iii) the convictionoffense was an aggravated offense, or (iv) the conviction offense was aviolation of G.S. 14‑27.2A or G.S. 14‑27.4A, the court shall orderthe offender to enroll in satellite‑based monitoring for life.
If the court finds that theoffender committed an offense that involved the physical, mental, or sexualabuse of a minor, that the offense is not an aggravated offense or a violationof G.S. 14‑27.2A or G.S. 14‑27.4A, and the offender is not arecidivist, 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. The Department may use a risk assessment of the offender donewithin six months of the date of the hearing.
Upon receipt of a riskassessment from the Department, the court shall determine whether, based on theDepartment's risk assessment, the offender requires the highest possible levelof supervision and monitoring. If the court determines that the offender doesrequire the highest possible level of supervision and monitoring, the courtshall order the offender to enroll in a satellite‑based monitoringprogram for a period of time to be specified by the court. (2007‑213, s. 3; 2007‑484,s. 42(b); 2008‑117, s. 16.2; 2009‑387, s. 4.)
