State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1341

Article 82.

Probation.

§ 15A‑1341.  Probationgenerally.

(a)        Use of Probation. –Unless specifically prohibited, a person who has been convicted of any criminaloffense may be placed on probation as provided by this Article if the class ofoffense of which the person is convicted and the person's prior record orconviction level under Article 81B of this Chapter authorizes a community orintermediate punishment as a type of sentence disposition or if the person isconvicted of impaired driving under G.S. 20‑138.1.

(a1)      DeferredProsecution. – A person who has been charged with a Class H or I felony or amisdemeanor may be placed on probation as provided in this Article on motion ofthe defendant and the prosecutor if the court finds each of the following facts:

(1)        Prosecution has beendeferred by the prosecutor pursuant to written agreement with the defendant,with the approval of the court, for the purpose of allowing the defendant todemonstrate his good conduct.

(2)        Each known victim ofthe crime has been notified of the motion for probation by subpoena orcertified mail and has been given an opportunity to be heard.

(3)        The defendant hasnot been convicted of any felony or of any misdemeanor involving moralturpitude.

(4)        The defendant hasnot previously been placed on probation and so states under oath.

(5)        The defendant isunlikely to commit another offense other than a Class 3 misdemeanor.

(a2)      Deferred Prosecutionfor Purpose of Drug Treatment Court Program. – A defendant eligible for a DrugTreatment Court Program pursuant to Article 62 of Chapter 7A of the GeneralStatutes may be placed on probation if the court finds that prosecution hasbeen deferred by the prosecutor, with the approval of the court, pursuant to awritten agreement with the defendant, for the purpose of allowing the defendantto participate in and successfully complete the Drug Treatment Court Program.

(b)        Supervised andUnsupervised Probation. – The court may place a person on supervised orunsupervised probation. A person on unsupervised probation is subject to allincidents of probation except supervision by or assignment to a probationofficer.

(c)        Repealed by SessionLaws 1995, c. 429, s. 1.

(d)        Search of SexOffender Registration Information Required When Placing a Defendant on Probation.– When the court places a defendant on probation, the probation officerassigned to the defendant shall conduct a search of the defendant's name orother identifying information against the registration information regardingsex offenders compiled by the Division of Criminal Statistics of the Departmentof Justice in accordance with Article 27A of Chapter 14 of the GeneralStatutes. The probation officer may conduct the search using the Internet sitemaintained by the Division of Criminal Statistics.

(e)        Review ofDefendant's Juvenile Record. – The probation officer assigned to a defendantmay examine and obtain copies of the defendant's juvenile record in a mannerconsistent with G.S. 7B‑3000(b) and (e1).  (1977, c. 711, s. 1; 1977,2nd Sess., c. 1147, ss. 4A, 5; 1981, c. 377, ss. 2, 3; 1993, c. 538, s. 15;1994, Ex. Sess., c. 24, s. 14(b); 1995, c. 429, s. 1; 1999‑298, s. 1;2006‑247, s. 14; 2009‑372, s. 4.)