What Is Satellite-Based Monitoring in North Carolina?

Satellite-based monitoring (SBM) is a form of long-term electronic surveillance imposed by the courts in certain criminal cases involving sex offenses in North Carolina. Although it shares some similarities with electronic monitoring during probation, SBM is not limited to a period of court supervision. It can continue for years after release from prison and, in some cases, may be imposed for life.

The purpose of satellite-based monitoring is to track the physical location of convicted offenders who are deemed to pose a higher risk of committing further offenses, particularly those involving minors or repeated sexual conduct. Since its adoption, the program has been revised in response to evolving legal challenges and constitutional concerns. As of late 2023, the laws governing SBM have changed again, lengthening some monitoring periods and clarifying eligibility standards.

This post explains what SBM is, who qualifies for it, how courts determine the length of monitoring, and what daily life looks like for those subject to the program. It also addresses the legal and constitutional context that shapes how North Carolina applies this form of surveillance.

What Is Satellite-Based Monitoring?

Satellite-based monitoring refers to the use of a GPS device worn on the body to track movements around the clock. In North Carolina, SBM is used specifically in the context of sex offense related convictions, not necessarily limited to the felony criminal charge of first or second-degree sex offense. It is not part of the general electronic monitoring framework used in other types of supervision, such as house arrest or pretrial release.

The Real Cost of a Criminal Conviction

The device must be worn continuously. It records real-time location data and sends that information to the Division of Adult Correction, which is also known as “DAC.” The supervising agency monitors compliance with geographical restrictions and tracks movement patterns. Removing or tampering with the device is a separate felony criminal charge.

SBM is not always imposed during probation or post-release supervision. In some cases, it begins only after other forms of supervision have ended. That means someone could complete a prison sentence, serve five years of post-release supervision, and still be subject to an additional ten years, or more, of satellite-based monitoring, even when no further sentence is pending.

Who Is Subject to Satellite-Based Monitoring?

Only certain categories of convicted defendants are eligible for SBM in North Carolina. The current law authorizes courts to impose monitoring if one or more of the following apply:

• The person is classified as a recidivist, meaning there are two or more separate felony convictions for reportable sex offenses

• The offense is defined as an aggravated offense under state law

• The defendant is found to be a sexually violent predator based on expert evaluation and judicial findings

• The conviction is for statutory rape or a related sexual offense involving a child by an adult

• The offense involves physical, mental, or sexual abuse of a minor, and the court finds that the highest level of supervision is required

Each of these classifications is defined by statute and may involve additional findings by the court. For example, not all convictions involving minors result in SBM. The trial judge must find that enhanced supervision is necessary and supported by the record.

Monitoring may also be imposed when the original offense does not fall neatly into one of these categories but involves conduct that the court deems severe or high-risk. The law provides broad discretion in some situations and specific limitations in others.

How Long Can Monitoring Last?

The length of satellite-based monitoring depends on when the court entered the order and which statutory version applies. Legislative changes in 2021 and 2023 created three distinct periods with different rules for how long someone can be monitored.

Satellite-Based Monitoring Orders Before December 1, 2021

For orders imposed before December 1, 2021, North Carolina law did not limit the duration of SBM for certain categories. Lifetime monitoring could be imposed on defendants classified as sexually violent predators, recidivists, or those convicted of aggravated offenses. Such orders were valid under the statutes then in effect, but the 2021 revisions created a process for revisiting those durations.

Plea Bargains in NC

If an order imposed before that date required lifetime monitoring, the defendant may petition to reduce the duration to ten years. Courts reviewing those petitions are required to honor the statutory cap, unless another legal reason justifies continuation.

Satellite-Based Monitoring Orders Between December 1, 2021 and September 30, 2023

Under this version of the law, the maximum monitoring period was ten years, even for the most serious categories of qualifying offenses. After five years of compliance, the defendant could petition the court to terminate monitoring. If the petition was denied, a new petition could be filed after an additional two years.

This version was relatively uniform and imposed limits on the scope of SBM, partly in response to court decisions finding indefinite monitoring unconstitutional.

Satellite-Based Monitoring Orders On or After October 1, 2023

The most recent changes significantly expanded the potential duration of SBM for certain classes of offenses. For those classified as recidivists, aggravated offenders, or sexually violent predators, the court may now impose SBM for life if it finds the highest level of supervision is required.

What is Exploitation?

For convictions involving physical, mental, or sexual abuse of a minor, the monitoring period may be set for up to fifty years. In either case, the defendant may petition for termination after five years, and again after two additional years if the initial petition is denied. These petitions must be supported by evidence of compliance, rehabilitation, and a showing that continued monitoring is no longer necessary.

The revised law provides the court with wide discretion in setting the length of SBM, and it is likely that many recent sentencing orders will reflect the longer available periods, especially in more serious cases.

How Does SBM Affect Daily Life?

People subject to SBM must wear a device at all times. The device cannot be removed, and it must be charged regularly. Compliance requires frequent communication with the supervising agency, including reporting changes in residence, schedule, or routine.

What is Sex Offender Registration?

Some defendants are placed on geographical restrictions based on the offense or court findings. For example, a registrant might be prohibited from entering within a certain distance of schools or playgrounds. The GPS device monitors compliance with those restrictions and generates alerts if the defendant enters a prohibited zone.

The practical consequences of SBM include difficulty maintaining employment, restricted mobility, and social stigma.

Satellite-based monitoring is not easily concealed, and its visibility may affect housing or work arrangements. It can also make basic activities, such as travel or overnight stays outside the county, subject to approval or impossible to manage without violating the terms of monitoring.

What Happens If You Violate SBM Rules?

North Carolina law treats violations of SBM rules as separate criminal offenses. Specific penalties apply depending on the nature of the violation:

• Failing to enroll in monitoring is a Class F felony,

• Tampering with or removing the device is a Class E felony,

• Failing to provide necessary information or cooperate with monitoring protocols is a Class 1 misdemeanor.

A person who violates SBM conditions may also be subject to revocation of post-release supervision, depending on the timing of the violation. If the court finds that the conduct reflects an unwillingness to comply, additional sanctions may follow.

These penalties apply regardless of whether the original sentence is complete. In other words, someone who has finished prison and supervision but remains on SBM may still be prosecuted for failing to charge the device or interfering with the signal.

Why Did the Law Change?

The 2021 and 2023 revisions to the SBM statutes were enacted in response to ongoing legal challenges about the constitutionality of lifetime monitoring. In Grady v. North Carolina, the U.S. Supreme Court held that SBM constitutes a search under the Fourth Amendment. After that decision, North Carolina appellate courts began invalidating lifetime SBM orders that lacked individualized findings or reasonable justification.

Sex Offenses in North Carolina

To comply with constitutional standards, the General Assembly imposed time limits and required findings about supervision needs. However, the 2023 changes returned some discretion to the courts and expanded the possible length of SBM in response to concerns about public safety and repeat offenses.

At the same time, courts must now conduct more thorough hearings before imposing long-term monitoring. Petitioners seeking termination also have a formal process to challenge the continuation of monitoring if they can demonstrate rehabilitation and sustained compliance.

Petitioning for Termination

As may be authorized under the law, certain defendants on SBM may petition to terminate or reduce the monitoring period. The law allows some defendants to petition for removal after five years of continuous monitoring. If denied, a new petition may be filed after two years. Courts must consider a number of factors, including:

• Compliance with monitoring conditions

• Nature and severity of the original offense

• Criminal history

• Risk to public safety

• Any evidence of rehabilitation or treatment

Even when the legal minimum period has passed, courts are not required to terminate SBM. Termination is discretionary and must be supported by the findings required under the statutes in effect at the time of sentencing and petition.

Satellite-Based Monitoring in North Carolina: A Long-Term Obligation With Expanding Reach

Satellite-based monitoring is one of the most burdensome and enduring consequences that can follow a sex offense related conviction in North Carolina. It operates independently of probation or parole and can extend for decades. Courts have broad discretion to impose SBM when statutory conditions are met, and recent legislative changes have made longer periods possible.

Understanding Dismissal of Charges in NC

The practical and legal impact of SBM should not be underestimated. It restricts mobility, imposes strict compliance requirements, and carries the threat of new felony charges for violations. Understanding the possibility of satellite-based monitoring is essential for anyone convicted of a registrable offense, not just for sentencing, but for life after release.

If you’re facing felony charges in Mecklenburg, Union, Iredell, Gaston, or Lincoln County and need to understand what’s at stake, call or TEXT Powers Law Firm at 704-342-4357 to find out whether we’re available to assist.

Helpful Information About Criminal Charges

• Statutory Rape and Sex Offenses in North Carolina