A very significant North Carolina criminal justice-related law (HB494), became effective Saturday December 1, 2012. This legislation now enables you to include important sentencing alternatives for your DWI and other alcohol-related cases by using CAM technology. These include:
1. Level 1 DWI – Minimum detention may be reduced to 10 days when 120 days or more of CAM is assigned as a condition of special probation.
- Sixty days of pretrial CAM monitoring may credited against the 120 day Level 1 CAM sentencing.
- Level 2 DWI – Minimum detention may be suspended when 90 days or more of CAM is assigned as a condition special probation .
- Sixty days of pretrial CAM monitoring may be applied to the 90 day Level Two CAM sentencing.
- Family Court - Any custody / visitation court order may include CAM for either or both parents or any other person seeking custody, including visitation.
Additional North Carolina CAM Laws
HB49, 2011 (Laura’s Law)
- Level 1-A DWI convictions may result in higher fines and longer incarceration periods.
- Defendant shall be released 4 months prior to the end of the prison term and shall be monitored by cam for 4 months.
- Imprisonment may be suspended only as a condition of special probation and offender shall be monitored by cam for a minimum of 120 days to the length of probationary term.
- NC Department of Motor Vehicles may conditionally restore a DMV Customers’ license when certain conditions are met.
- Four year license revocation – Restoration Hearing at 2 years with minimum 120 days CAM monitoring
- Permanent revocation –
i.Restoration Hearing at 2 years with minimum 365 days of CAM monitoring
ii. Restoration Hearing at 3 years with minimum 120 days of CAM monitoring
DOT Memorandum – February 21, 2008
- NC DMV Customers who are medically exempt from using the interlock device may choose CAM monitoring as a condition of license restoration.
- A Judicial Official may order CAM as a condition of pretrial release.
- Abstinence verified by CAM may be used to generate mitigating factor in a DWI judicial hearing.
Rehabilitation Support Services History
- NC pioneer and leader for continuous alcohol monitoring legislation; spearheaded the laws covered in this email.
- 2,500 clients successfully monitored since 2005.
- Supervised release - 63
- Pretrial mitigating – 521
- Probation – 1261
- Volunteer – 535
- Treatment – 75
- DMV - 42
- Provides CAM training to NC DMV Personnel & DWI Service Providers, NC Department of Public Safety Officers, NC Judges, Prosecuting & Defense Attorneys and Substance Abuse Treatment Professionals.
Above information provided by :
Catherine T. Bentley-Rehabilitation Support Services
1-866-273-4223, ext 601