State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1340_11

§ 15A‑1340.11. Definitions.

The following definitionsapply in this Article:

(1)        Active punishment. –A sentence in a criminal case that requires an offender to serve a sentence ofimprisonment and is not suspended. Special probation, as defined in G.S. 15A‑1351,is not an active punishment.

(2)        Communitypunishment. – A sentence in a criminal case that does not include an activepunishment, an intermediate punishment, or any of the conditions of probationlisted in subdivision (6) of this section.

(3)        Day‑reportingcenter. – A facility to which offenders are required, as a condition ofprobation, to report on a daily or other regular basis at specified times for aspecified length of time to participate in activities such as counseling,treatment, social skills training, or employment training.

(3a)      Drug treatment courtprogram. – Program to which offenders are required, as a condition ofprobation, to comply with the rules adopted for the program as provided for inArticle 62 of Chapter 7A of the General Statutes and to report on a regularbasis for a specified time to participate in:

a.         Court supervision.

b.         Drug screening ortesting.

c.         Drug or alcoholtreatment programs.

(4)        Repealed by SessionLaws 1997‑57, s. 2.

(4a)      House arrest withelectronic monitoring. – Probation in which the offender is required to remainat his or her residence. The court, in the sentencing order, may authorize theoffender to leave the offender's residence for employment, counseling, a courseof study, vocational training, or other specific purposes and may modify thatauthorization. The probation officer may authorize the offender to leave theoffender's residence for specific purposes not authorized in the court orderupon approval of the probation officer's supervisor. The offender shall berequired to wear a device which permits the supervising agency to monitor theoffender's compliance with the condition.

(5)        Intensivesupervision. – Probation that requires the offender to submit to rules adoptedby the Division of Community Corrections for intensive supervision, including,but not limited to, multiple contacts by a probation officer per week, aspecific period each day during which the offender must be at his or herresidence, and that the offender remain gainfully and suitably employed orfaithfully pursue a course of study or of vocational training that will equipthe offender for suitable employment.

(6)        Intermediatepunishment. – A sentence in a criminal case that places an offender onsupervised probation and includes at least one of the following conditions:

a.         Special probation asdefined in G.S. 15A‑1351(a).

b.         Assignment to aresidential program.

c.         House arrest withelectronic monitoring.

d.         Intensivesupervision.

e.         Assignment to a day‑reportingcenter.

f.          Assignment to adrug treatment court program.

(7)        Prior conviction. – Aperson has a prior conviction when, on the date a criminal judgment is entered,the person being sentenced has been previously convicted of a crime:

a.         In the districtcourt, and the person has not given notice of appeal and the time for appealhas expired; or

b.         In the superiorcourt, regardless of whether the conviction is on appeal to the appellatedivision; or

c.         In the courts of theUnited States, another state, the armed services of the United States, oranother country, regardless of whether the offense would be a crime if itoccurred in North Carolina,

regardlessof whether the crime was committed before or after the effective date of thisArticle.

(8)        Residential program.– A program in which the offender, as a condition of probation, is required toreside in a facility for a specified period and to participate in activitiessuch as counseling, treatment, social skills training, or employment training,conducted at the residential facility or at other specified locations.  (1993, c. 538, s. 1; 1994,Ex. Sess., c. 14, s. 17; c. 24, s. 14(b); 1997‑57, s. 2; 1997‑80,s. 6; 1999‑306, s. 2; 2004‑128, s. 3; 2009‑372, s. 5; 2009‑547,s. 6.)