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HB 216

An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, in fraud and abuse control, further providing for definitions and for provider prohibited acts, criminal penalties and civil remedies.

2025-2026 Regular Session Introduced by Torren Ecker and 5 co-sponsors

Creates Continuous Alcohol Monitoring Fund funded by a 5¢ per bottle surcharge on spirituous liquor to pay CAM costs for indigent defendants ordered by court.

Referred to Judiciary
0
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Bill Summary · HB 216

Summary — HB 216: Continuous Alcohol Monitoring Accessibility and Sustainability Act

Status: Passed 1st Reading (filed Feb 25, 2025 in NC House)
Primary subject areas: alcoholic beverages, courts, criminal procedure, DWI, corrections, fees/funds, monitoring

Main purpose

To create a dedicated funding stream and administrative authority to make continuous alcohol monitoring (CAM) available as a sentencing option for people ordered to CAM who cannot afford it. The bill (1) imposes a small surcharge on spirituous liquor sales, (2) directs those proceeds into a new Continuous Alcohol Monitoring Fund, and (3) authorizes the Division of Community Supervision and Reentry (Department of Adult Correction) to use that Fund to pay CAM costs for indigent defendants when ordered by a court.

Key provisions

  • Adds a five-cent (5¢) surcharge on each bottle of spirituous liquor sold at the State uniform price (amending G.S. 18B-804).
  • Requires local ABC (alcohol beverage control) boards to remit proceeds from that surcharge monthly to the Division of Community Supervision and Reentry; those proceeds are deposited into the newly created Continuous Alcohol Monitoring Fund (amending G.S. 18B-805(b) and creating G.S. 15A-1343.3(c)).
  • Creates the Continuous Alcohol Monitoring Fund in the Division of Community Supervision and Reentry to be used to pay CAM costs for persons the court determines are unable to pay. The bill directs that, to the extent practicable, funds collected in a county be used in that county.
  • Permits a court, when it finds a convicted person unable to pay CAM costs, to order the Division to pay CAM costs from the Fund. The court still may impose CAM only if either (i) the local government responsible for incarceration agrees to pay costs, or (ii) the court orders the Division to pay from the Fund (amending G.S. 20‑179(k4)).
  • Confers/clarifies existing authority for the Division to establish regulations for CAM systems, payment of fees, and authority to terminate monitoring (updates to G.S. 15A‑1343.3 as rewritten).
  • Effective dates: Sections adding the surcharge and remittance provisions (Sections 1–2) apply to sales on or after July 1, 2025. Provisions about the Fund and judicial payment authority (Sections 3–4) apply to sentences imposed on or after July 1, 2025. Overall effective date: July 1, 2025.

Who is affected

  • Consumers of spirituous liquor — a 5¢ surcharge per bottle (small, across-the-board).
  • Local ABC boards — administrative duty to collect and remit surcharge proceeds monthly.
  • Division of Community Supervision and Reentry (Department of Adult Correction) — new Fund manager; responsible for CAM regulations, administering payments from the Fund.
  • Courts and defendants — courts can order CAM for indigent defendants and may direct the Division to pay costs from the Fund; indigent defendants gain improved access to CAM as a noncustodial sentencing option.
  • Local governments — may still be asked to cover CAM costs for defendants confined to local facilities; otherwise the Division/Fund can be ordered to pay.

Potential impacts and considerations

  • Financial: Establishes a modest, dedicated revenue source; total funding depends on liquor sales volume (no revenue estimate provided in the bill text).
  • Public safety / corrections: May increase use of CAM as an alternative to incarceration for alcohol-related offenses by removing cost barriers for indigent defendants.
  • Administrative: Requires rulemaking and program administration by the Division and bookkeeping by local ABC boards; funds are intended to be used, where practicable, in the county of collection.
  • Policy trade-offs: Cost is spread to liquor purchasers broadly; the Fund reduces the financial barrier to CAM but may create ongoing operational obligations and demand for monitoring resources.

For full statutory references amended by the bill, see: G.S. 18B‑804, G.S. 18B‑805(b), G.S. 15A‑1343.3, and G.S. 20‑179(k4).

Compiled from official sources — confirm details with the bill’s official record.

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