§ 15A-1343.3. Department of Corrections to establish regulations for continuous alcohol monitoring systems. - North Carolina Statutes

§ 15A‑1343.3. Department of Corrections to establish regulations for continuous alcoholmonitoring systems.

The Department of Correctionshall establish regulations for continuous alcohol monitoring systems that areauthorized for use by the courts as evidence that an offender on probation hasabstained from the use of alcohol for a specified period of time. A"continuous alcohol monitoring system" is a device that is worn by aperson that can detect, monitor, record, and report the amount of alcohol withinthe wearer's system over a continuous 24‑hour daily basis. Theregulations shall include the procedures for supervision of the offender,collection and monitoring of the results, and the transmission of the data tothe court for consideration by the court. All courts, including those usingcontinuous alcohol monitoring systems prior to July 4, 2007, shall comply withthe regulations established by the Department pursuant to this section.

The Secretary, or theSecretary's designee, shall approve continuous alcohol monitoring systems foruse by the courts prior to their use by a court as evidence of alcoholabstinence, or their use as a condition of probation. The Secretary shall notunreasonably withhold approval of a continuous alcohol monitoring system andshall consult with the Division of Purchase and Contract in the Department ofAdministration to ensure that potential vendors are not discriminated against. (2007‑165, s. 6)