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Continuous Alcohol Monitoring (CAM) Devices

North Carolina HB 494: Expanded Authorization for Continuous Alcohol Monitoring (CAM) Devices

By Maggie Marquez Jaynes, Esq

Continuous alcohol monitoring, which requires the abstinence from alcohol consumption for a period of time as a term of pretrial release or probation, has been highly controversial and cost prohibitive since its approval in 2007. A continuous alcohol monitoring (CAM) device is much like an ankle bracelet worn for house arrest or used for GPS tracking that monitors a person’s sweat for the presence of alcohol and transmits that result to the provider of the device. However, unlike the device worn for house arrest or used for GPS tracking, CAM costs far exceed the one time $90 fee for the house arrest/GPS tracking devices – installation fee of $75 plus daily costs of $12 for each day of monitoring, which are passed on to the receipt of the CAM device.

Recently, CAM authorization is increasing regardless of the prohibitive costs. In 2011, Laura’s Law was passed, creating a new Aggravated Level One punishment for DWI convictions requiring as a condition of probation abstinence from alcohol for a minimum of 120 days and verified by a CAM device. This Act authorized judges to: 1) impose CAM as a pretrial release condition for defendants charged with DWI and 2) require CAM for up to the full term of probation for Level One or Two DWI convictions.

In 2012, HB 494 expanded authorization for CAM in pretrial releases to include any criminal offense committed on or after December 1, 2012 and required positive screenings to be reported to the district attorney. Similarly, this act broadens the authorization for alcohol abstinence and CAM device use as a condition of community or intermediate punishment or as a special condition of probation in criminal cases generally “when alcohol dependency or chronic abuse has been identified by a substance abuse assessment”. N.C.Gen.Stat. 15A-1343 (a1)(4a) and (b1)(2c). Additionally, CAM has been authorized in Driving While License Revoked (DWLR) convictions where the license was originally revoked due to impaired driving revocation.

Regardless of the cost, the authorization of CAM as a term of pretrial release or condition of probation has expanded. The costs of CAM are no longer capped at $1,000 yet judges are authorized to consider the defendant’s ability to pay however not in the case of Aggravated Level One DWIs. Notably, the act provides that “the court must not impose CAM if it finds good cause that the defendant should not be required to pay of the costs of CAM”. N.C.Gen.Stat. 20-179(k4). Whether this imposition by the legislature renders the use of continuous alcohol monitoring devices moot is yet to be seen.

Attorney Maggie Marquez Jaynes is an associate with King Law Offices, PLLC, in Shelby, North Carolina.