§ 14-208.43. Request for termination of satellite-based monitoring requirement. - North Carolina Statutes

§ 14‑208.43.  Requestfor termination of satellite‑based monitoring requirement.

(a)        An offenderdescribed by G.S. 14‑208.40(a)(1) or G.S. 14‑208.40(a)(3) who isrequired to submit to satellite‑based monitoring for the offender's lifemay file a request for termination of monitoring requirement with the Post‑ReleaseSupervision and Parole Commission. The request to terminate the satellite‑basedmonitoring requirement and to terminate the accompanying requirement ofunsupervised probation may not be submitted until at least one year after theoffender: (i) has served his or her sentence for the offense for which thesatellite‑based monitoring requirement was imposed, and (ii) has alsocompleted any period of probation, parole, or post‑release supervisionimposed as part of the sentence.

(b)        Upon receipt of therequest for termination, the Commission shall review documentation contained inthe offender's file and the statewide registry to determine whether the personhas complied with the provisions of this Article. In addition, the Commissionshall conduct fingerprint‑based state and federal criminal history recordchecks to determine whether the person has been convicted of any additionalreportable convictions.

(c)        If it is determinedthat the person has not received any additional reportable convictions duringthe period of satellite‑based monitoring and the person has substantiallycomplied with the provisions of this Article, the Commission may terminate themonitoring requirement if the Commission finds that the person is not likely topose a threat to the safety of others.

(d)        If it is determinedthat the person has received any additional reportable convictions during theperiod of satellite‑based monitoring or has not substantially compliedwith the provisions of this Article, the Commission shall not order thetermination of the monitoring requirement.

(d1)      Notwithstanding theprovisions of this section, if the Commission is notified by the Department ofCorrection that the offender has been released, pursuant to G.S. 14‑208.12A,from the requirement to register under Part 2 of Article 27A of this Chapter,upon request of the offender, the Commission shall order the termination of themonitoring requirement.

(e)        The Commissionshall not consider any request to terminate a monitoring requirement except asprovided by this section. The Commission has no authority to consider orterminate a monitoring requirement for an offender described in G.S. 14‑208.40(a)(2). (2006‑247,s. 15(a); 2007‑213, s. 11; 2007‑484, s. 42(b); 2008‑117, s.18.)