H216: CAM Accessibility & Sustainability Act. Latest Version

Session: 2025 - 2026

House
Passed 1st Reading


AN ACT to create and fund a continuous alcohol monitoring fund to be used for the purpose of providing access to continuous alcohol monitoring as a sentencing option to persons the court determines are unable to pay for the continuous alcohol monitoring.



The General Assembly of North Carolina enacts:



SECTION 1.  G.S. 18B‑804 reads as rewritten:



§ 18B‑804.  Alcoholic beverage pricing.





(b)        Sale Price of Spirituous Liquor. – The sale of spirituous liquor, including antique spirituous liquor, sold at the uniform State price shall consist of the following components:





(10)      An additional charge of five cents (5¢) on each bottle.



(b1)      Price of Spirituous Liquor Sold at Distillery or Distillery Estate District. – When the holder of a distillery permit sells spirituous liquor distilled at the distillery pursuant to G.S. 18B‑1105(a)(4), or an on‑ or off‑premises unfortified wine permittee sells spirituous liquor in a distillery estate district, the retail price of the spirituous liquor shall be the uniform State price set by subsection (a) of this section. However, the holder of the permit shall not be required to remit the components of the price set forth by subdivisions (2), (3), (5), (6), (6a), (6b), and (7) (7), and (10) of subsection (b) of this section.



….



SECTION 2.  G.S. 18B‑805(b) reads as rewritten:



(b)      Primary Distribution. – Before making any other distribution, a local board shall first pay the following from its gross receipts:





(5)        Each month the local board shall pay to the Division of Community Supervision and Reentry of the Department of Adult Correction the proceeds from the charge required by G.S. 18B‑804(b)(10) to be deposited into the Continuous Alcohol Monitoring Fund created under G.S. 15A‑1343.3 and used in accordance with the purpose of that fund.



SECTION 3.  G.S. 15A‑1343.3 reads as rewritten:



§ 15A‑1343.3.  Division of Community Supervision and Reentry of the Department of Adult Correction to establish regulations for continuous alcohol monitoring systems; payment of fees; authority to terminate monitoring.monitoring; creation of Continuous Alcohol Monitoring Fund.





(c)        There is created in the Division of Community Supervision and Reentry of the Department of Adult Correction the Continuous Alcohol Monitoring Fund to be used for the purpose of providing access to continuous alcohol monitoring as a sentencing option to persons the court determines are unable to pay for the continuous alcohol monitoring. If the court determines that continuous alcohol monitoring should be ordered and the convicted person is unable to pay for the continuous alcohol monitoring, the court may order that the Division of Community Supervision and Reentry of the Department of Adult Correction pay, from the Fund established in this subsection, the cost of continuous alcohol monitoring for the period of time required by the court. To the extent practicable, funds deposited in the Fund in accordance with G.S. 18B‑805 shall be used in the county where the charge under G.S. 18B‑804(b)(10) is collected.



SECTION 4.  G.S. 20‑179(k4) reads as rewritten:



(k4)    Continuous Alcohol Monitoring Exception. – Notwithstanding the provisions of subsections (g), (h), (k2), and (k3) of this section, if the court finds, upon good cause shown, that the defendant should not be required to pay the costs of the continuous alcohol monitoring system, the court shall not impose the use of a continuous alcohol monitoring system unless (i) the local governmental entity responsible for the incarceration of the defendant in the local confinement facility agrees to pay the costs of the system.system or (ii) the court orders the Division of Community Supervision and Reentry of the Department of Adult Correction to pay the costs in accordance with G.S. 15A‑1343.3.



SECTION 5.  Sections 1 and 2 of this act become effective July 1, 2025, and apply to sales occurring on or after that date. Sections 3 and 4 of this act become effective July 1, 2025, and apply to sentences imposed on or after that date. The remainder of this act becomes effective July 1, 2025.