The General Assembly last amended our satellite-based monitoring (“SBM”) laws in 2021, substantially reworking who qualifies for SBM, the process of petitioning for termination of SBM, and the potential length of SBM (among other changes). If you are still adjusting to those new rules, buckle up. Tucked into the back of S.L 2023-143 (SB 20) are new amendments that once again substantially revise North Carolina’s SBM scheme (in Part VIII, starting at page 44 of the linked bill), effective for SBM orders entered on or after October 1, 2023. This post examines those changes and their potential implications. Current SBM Law. First, a little review. Jamie Markham did an excellent post summarizing the 2021 changes here. Under current law, enrollment in SBM is capped at 10 years for all offenders and is no longer mandatory for any category of offender. Defendants convicted of an aggravated offense, classified as a reoffender or sexually violent predator, or convicted of statutory rape or sex offense of child by an adult may qualify for SBM, but only if the court determines that the offender “requires the highest possible level of supervision and monitoring.” G.S. 14-208.40A(c1). If the highest level of supervision and monitoring is required, the court must order a 10-year term of SBM for defendants in this first category. If the highest possible level of supervision and monitoring is not required, SBM may not be ordered. For defendants convicted of a registerable offense involving the abuse of a minor but not otherwise meeting the [...]
Faculty Coordinators
