Continuous Alcohol Monitoring Law Changes

December 4th, 2012

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.

    1. Sixty days of pretrial CAM monitoring may credited against the 120 day Level 1 CAM sentencing.
  1. Level 2 DWI – Minimum detention may be suspended when 90 days or more of CAM is assigned as a condition special probation .
    1. Sixty days of pretrial CAM monitoring may be applied to the 90 day Level Two CAM sentencing.
  1. 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)

  1. Level 1-A DWI convictions may result in higher fines and longer incarceration periods.
    1. Defendant shall be released 4 months prior to the end of the prison term and shall be monitored by cam for 4 months.
    2. 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.

HB926, 2009

  1. NC Department of Motor Vehicles may conditionally restore a DMV Customers’ license when certain conditions are met.
    1. Four year license revocation – Restoration Hearing at 2 years with minimum 120 days CAM monitoring
    2. 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

SB1290, 2007

DOT Memorandum – February 21, 2008

  1. NC DMV Customers who are medically exempt from using the interlock device may choose CAM monitoring as a condition of license restoration.

SB1290, 2007

  1. A Judicial Official may order CAM as a condition of pretrial release.
  2. 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

www.rehabsupport.org

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