Second Chance Success Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 529

Short Title: Second Chance Success Act. (Public)
Sponsors: Senators Mayfield and Mohammed (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S529-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ELIMINATE VARIOUS CRIMINAL JUS TICE FEES AND RESTRI CT THE 2
EXTENSION OF PROBATI ON WHEN FAILURE TO P AY THE PROBATION 3
SUPERVISION FEE IS THE ONLY GROUNDS FOR EXTENSION. 4
The General Assembly of North Carolina enacts: 5
SECTION 1.(a) G.S. 15A-1343(c1) reads as rewritten: 6
"(c1) Supervision Fee. – Any person placed on supervised probation pursuant to subsection 7
(a) of this section shall pay a supervision fee of forty dollars ($40.00) per month, unless exempted 8
by the court. The court may exempt a person from paying the fee only for good cause and upon 9
motion of the person placed on supervised probation. No person shall be required to pay more 10
than one supervision fee per month. The court may require that the fee be paid in advance or in 11
a lump sum or sums, and a probation officer may require payment by such methods if he is 12
authorized by subsection (g) to determine the payment schedule. Supervision fees must be paid 13
to the clerk of court for the county in which the judgment was ente red, the deferred prosecution 14
agreement was filed, or the conditional discharge was ordered. Fees collected under this 15
subsection shall be transmitted to the State for deposit into the State's General Fund. 16
Notwithstanding any provision of law to the contrary, a term of probation shall not be extended 17
solely for the nonpayment of the supervision fee required by this subsection." 18
SECTION 1.(b) This section is effective when it becomes law and applies to orders 19
of extension issued on or after that date. 20
SECTION 2.(a) G.S. 15A-1343, as amended by Section 1 of this act, reads as 21
rewritten: 22
"§ 15A-1343. Conditions of probation. 23
… 24
(a1) Community and Intermediate Probation Conditions. – In addition to any conditions a 25
court may be authorized to impose pursuant t o G.S. 15A-1343(b1), the court may include any 26
one or more of the following conditions as part of a community or intermediate punishment: 27
… 28
(2) Perform community service and pay the fee prescribed by law for this 29
supervision.service. 30
… 31
(b) Regular Conditions. – As regular conditions of probation, a defendant must: 32
… 33
(6) Pay a supervision fee as specified in subsection (c1). 34
… 35
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 529-First Edition
In addition to these regular conditions of probation, a defendant required to serve an active 1
term of imprisonment as a condition of special probation pursuant to G.S. 15A-1344(e) or 2
G.S. 15A-1351(a) shall, as additional regular conditions of probation, obey the rules and 3
regulations of the Division of Prisons of the Department of Adult Correction and, if applicable, 4
the Division of Juv enile Justice of the Department of Public Safety, governing the conduct of 5
inmates while imprisoned and report to a probation officer in the State of North Carolina within 6
72 hours of his discharge from the active term of imprisonment. 7
Regular conditions o f probation apply to each defendant placed on supervised probation 8
unless the presiding judge specifically exempts the defendant from one or more of the conditions 9
in open court and in the judgment of the court. It is not necessary for the presiding judge to state 10
each regular condition of probation in open court, but the conditions must be set forth in the 11
judgment of the court. 12
Defendants placed on unsupervised probation are subject to the provisions of this subsection, 13
except that defendants placed on unsupervised probation are not subject to the regular conditions 14
contained in subdivisions (2), (3), (6), (8), (13), (14), (15), (16) and (17) of this subsection. 15
(b1) Special Conditions. – In addition to the regular conditions of probation specified in 16
subsection (b), the court may, as a condition of probation, require that during the probation the 17
defendant comply with one or more of the following special conditions: 18
… 19
(6) Perform community or reparation service under the supervision of the 20
Division of Community Supervision and Reentry of the Department of Adult 21
Correction and pay the fee required by G.S. 143B-708.Correction. 22
… 23
(b4) Intermediate Conditions. – The following conditions of probation apply to each 24
defendant subject to intermediate punishment: 25
(1) If required in the discretion of the defendant's probation officer, perform 26
community service under the supervision of the Division of Community 27
Supervision and Reentry and pay the fee required by 28
G.S. 143B-1483.Reentry. 29
… 30
(c1) Supervision Fee. – Any person placed on supervised probation pursuant to subsection 31
(a) of this section shall pay a supervision fee of forty dollars ($40.00) per month, unless exempted 32
by the court. The court may exempt a person from paying the fee only for good cause and upon 33
motion of the person placed on supervised probation. No person shall be required to pay more 34
than one supervision fee per month. The court may require that the fee be paid in advance or in 35
a lump sum or sums, and a probation officer may require payment by su ch methods if he is 36
authorized by subsection (g) to determine the payment schedule. Supervision fees must be paid 37
to the clerk of court for the county in which the judgment was entered, the deferred prosecution 38
agreement was filed, or the conditional disch arge was ordered. Fees collected under this 39
subsection shall be transmitted to the State for deposit into the State 's General Fund. 40
Notwithstanding any provision of law to the contrary, a term of probation shall not be extended 41
solely for the nonpayment of the supervision fee required by this subsection. 42
…." 43
SECTION 2.(b) This section is effective when it becomes law and applies to terms 44
of probation ordered on or after that date. 45
SECTION 3.(a) G.S. 15A-1343.2 reads as rewritten: 46
"§ 15A-1343.2. Special probation rules for persons sentenced under Article 81B. 47
… 48
(e) Delegation to Probation Officer in Community Punishment. – Unless the presiding 49
judge specifically finds in the judgment of the court that delegation is not appropriate, the 50
General Assembly Of North Carolina Session 2025
Senate Bill 529-First Edition Page 3
Division of Communi ty Supervision and Reentry of the Department of Adult Correction may 1
require an offender sentenced to community punishment to do any of the following: 2
(1) Perform up to 20 hours of community service, and pay the fee prescribed by 3
law for this supervision.service. 4
… 5
(f) Delegation to Probation Officer in Intermediate Punishments. – Unless the presiding 6
judge specifically finds in the judgment of the court that delegation is not appropriate, the 7
Division of Community Supervision and Reentry of the Department of Adult Correction may 8
require an offender sentenced to intermediate punishment to do any of the following: 9
(1) Perform up to 50 hours of community service, and pay the fee prescribed by 10
law for this supervision.service. 11
…." 12
SECTION 3.(b) This section is effective when it becomes law and applies to terms 13
of probation ordered on or after that date. 14
SECTION 4. Except as otherwise provided, this act is effective when it becomes 15
law. 16