{"data":{"id":"us-nc/n.c.-gen.-stat.-14-208.40a","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 14-208.40A","heading":"Determination of satellite-based monitoring requirement by court.","body":"(a)\tWhen an offender is convicted of a reportable conviction as defined by G.S. 14-208.6(4), during the sentencing phase, the district attorney shall present to the court any evidence of the following:\n(1)\tThat the offender has been classified as a sexually violent predator pursuant to G.S. 14-208.20.\n(2)\tThat the offender is a reoffender.\n(3)\tThat the conviction offense was an aggravated offense.\n(4)\tThat the conviction offense was a violation of G.S. 14-27.23 or G.S. 14-27.28.\n(5)\tThat the offense involved the physical, mental, or sexual abuse of a minor.\nThe district attorney shall have no discretion to withhold any evidence required to be submitted to the court pursuant to this subsection. The offender shall be allowed to present to the court any evidence that the district attorney's evidence is not correct.\n(b)\tAfter receipt of the evidence from the parties, the court shall determine whether the offender's conviction places the offender in one of the categories described in G.S. 14-208.40(a), and if so, shall make a finding of fact of that determination, specifying each of the following:\n(1)\tWhether the offender has been classified as a sexually violent predator pursuant to G.S. 14-208.20.\n(2)\tWhether the offender is a reoffender.\n(3)\tWhether the conviction offense was an aggravated offense.\n(4)\tWhether the conviction offense was a violation of G.S. 14-27.23 or G.S. 14-27.28.\n(5)\tWhether the offense involved the physical, mental, or sexual abuse of a minor.\n(c)\tThe court shall order that the Department of Adult Correction do a risk assessment of the offender if the court finds any of the following:\n(1)\tThe offender has been classified as a sexually violent predator.\n(2)\tThe offender has committed an aggravated offense.\n(3)\tThe offender was convicted of G.S. 14-27.23 or G.S. 14-27.28.\n(4)\tThe offender is a reoffender of a crime under G.S. 14-27.21, 14-27.22, 14-27.23, 14-27.24, 14-27.25(a), 14-27.26, 14-27.27, 14-27.28, 14-27.29, 14-27.30(a), 14-43.11, 14-43.13, 14-178(b)(1) and (b)(2), 14-190.16, 14-205.2(d), 14-205.3(b), 14-318.4(a1), or 14-318.4(a2).\nThe Department shall have up to 60 days to complete the risk assessment of the offender and report the results to the court. The Department may use a risk assessment of the offender done within six months of the date of the hearing.\n(c1)\tUpon receipt of a risk assessment from the Department of Adult Correction pursuant to subsection (c) of this section, the court shall determine whether, based on the Department's risk assessment and all relevant evidence, the offender requires the highest possible level of supervision and monitoring. If the court determines that the offender does require the highest possible level of supervision and monitoring, the court shall order the offender to enroll in a satellite-based monitoring program for the life of the offender.\n(d)\tThe court shall order that the Department of Adult Correction do a risk assessment of the offender if the court finds each of the following:\n(1)\tThe offender committed an offense that involved the physical, mental, or sexual abuse of a minor.\n(2)\tThe offense under subdivision (1) of this subsection is not an aggravated offense or a violation of G.S. 14-27.23 or G.S. 14-27.28.\n(3)\tThe offender is not a reoffender, or is a reoffender of a crime under G.S. 14-27.31, 14-27.32, 14-27.33, 14-178(b)(3), 14-190.6, 14-190.9(a1), 14-190.17, 14-190.17A, 14-190.17C, 14-202.1, 14-202.3, 14-202.4(a), or 14-205.2(c).\nThe Department shall have up to 60 days to complete the risk assessment of the offender and report the results to the court. The Department may use a risk assessment of the offender done within six months of the date of the hearing.\n(e)\tUpon receipt of a risk assessment from the Department of Adult Correction pursuant to subsection (d) of this section, the court shall determine whether, based on the Department's risk assessment and all relevant evidence, the offender requires the highest possible level of supervision and monitoring. If the court determines that the offender does require the highest possible level of supervision and monitoring, the court shall order the offender to enroll in a satellite-based monitoring program for a period of time to be specified by the court, not to exceed 50 years. (2007-213, s. 2; 2008-117, s. 16.1; 2011-145, s. 19.1(h); 2015-181, s. 41; 2017-186, s. 2(u); 2021-138, s. 18(d); 2021-180, s. 19C.9(jj); 2021-182, s. 2(b); 2023-14, s. 8.1(a); 2024-37, s. 3(d).)","path":["Chapter 14. Criminal Law.","SUBCHAPTER VII. OFFENSES AGAINST PUBLIC MORALITY AND DECENCY.","Article 27A. Sex Offender and Public Protection Registration Programs.","Part 5. Sex Offender Monitoring."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-208.40A.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:56:32Z","sha256":"d917a8f77424689787d80e0cc34831bfb18f35a722001f3a76bcea1fa2111cfc","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-14-208.40","next":"us-nc/n.c.-gen.-stat.-14-208.40b"},"notice":"GroundRules: Original legal text. Not legal advice."}