Keeping Kids and Parents Together Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 683

Short Title: Keeping Kids and Parents Together Act. (Public)
Sponsors: Senator Grafstein (Primary Sponsor).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S683-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REQUIRE CO MMUNITY-BASED SENTEN CING FOR NON -VIOLENT 2
OFFENDERS THAT ARE THE PRIMARY CARETAKER OF A DEPENDENT CHILD. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. Article 81B of the General Statutes is amended by adding a new Part 5
to read: 6
"Part 4. Sentencing Primary Caretakers. 7
"§ 15A-1340.26. Sentencing primary caretakers. 8
(a) Applicability. – Notwithstanding any provision of law to the contrary, this Part shall 9
apply to criminal sentencing under this Chapter, G.S. 20-138.1, and any other provision of law 10
purporting to sentence a criminal defendant. 11
(b) Definitions. – Unless the context requires otherwise, the following definitions apply 12
in this Part: 13
(1) Dependent child. – A person who is less than 18 years of age. 14
(2) Nonviolent offense. – Any conviction for a crime punishable by 15
imprisonment, except a crime punishable by imprisonment that meets any of 16
the following criteria: 17
a. Has an element of the use, attempted use, or threatened use of physical 18
force or a deadly weapon against another. 19
b. Is any of the following: 20
1. Burglary and any crime including burglary as an element under 21
Article 14 of Chapter 14 of the General Statutes. 22
2. Extortion under G.S. 14-118.4. 23
3. Arson and any crime including arson as an element under 24
Article 15 of Chapter 14 of the General Statutes. 25
4. Any crime under Article 10 of Chapter 14 of the General 26
Statutes. 27
c. Involves the use of explosives. 28
d. Otherwise involves conduct that presents a serious risk of physical 29
injury to another. 30
(3) Primary caretaker of a dependent child. – Either (i) a parent who has 31
consistently assumed responsibility for the housing, health, and safety of a 32
child prior to the parent 's incarceration, or (ii) a woman who has given birth 33
to a child after or while awaiting the woman 's sentencing hearing and who 34
expresses a willingness to assum e responsibility for the housing, health, and 35
safety of that child. A parent who, in the best interest of the child, has arranged 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 683-First Edition
for the temporary care of the child in the home of a relative or other 1
responsible adult shall not for that reason be excluded from the definition of 2
"primary caretaker of a dependent child." 3
(c) Prior to the sentencing of a person convicted of an offense, the sentencing court shall 4
determine if the offense was a nonviolent offense and if the convicted person is a primary 5
caretaker of a dependen t child. If the court determines that a person convicted of a nonviolent 6
offense is a primary caretaker of a dependent chi ld, the court shall impose an individually 7
assessed sentence, without imprisonment, based on community rehabilitation, with a focus on 8
parent-child unity and support. In imposing the individually assessed sentence, the court may 9
require the person to meet certain conditions that the court considers appropriate, including, but 10
not limited to any of the following: 11
(1) Drug and alcohol treatment. 12
(2) Domestic violence education and prevention. 13
(3) Physical and sexual abuse counseling. 14
(4) Anger management. 15
(5) Vocational and educational services. 16
(6) Job training and placement. 17
(7) Affordable and safe housing assistance. 18
(8) Financial literacy. 19
(9) Parenting classes. 20
(10) Family and individual counseling. 21
(11) Family case management services. 22
(d) The court may require any person serving an individually assessed sentence pursuant 23
to this section to appear in court any time duri ng the person's sentence to evaluate the person 's 24
progress in treatment or rehabilitation, or to determine if the person has violated any condition 25
of the sentence. 26
(e) Upon an appearance in court made pursuant to subsection (d) of this section, the court 27
may do any of the following: 28
(1) Modify the conditions of a sentence imposed pursuant to this section. 29
(2) Decrease the duration of a sentence imposed pursuant to this section based on 30
the person's successful advancement. 31
(3) Sanction the person for each d etected violation of any condition of the 32
sentence imposed pursuant to this section, including but not limited to 33
requiring the person to serve a term of confinement within the range of the 34
offense for which the person was originally convicted, notwithstan ding the 35
determination made pursuant to subsection (c) of this section that the person 36
is a primary caretaker of a dependent child." 37
SECTION 2. This act is effective when it becomes law and applies to sentences 38
imposed on or after that date. 39