State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1342

§ 15A‑1342.  Incidentsof probation.

(a)        Period. – The courtmay place a convicted offender on probation for the appropriate period asspecified in G.S. 15A‑1343.2(d), not to exceed a maximum of five years.The court may place a defendant as to whom prosecution has been deferred onprobation for a maximum of two years. The probation remains conditional andsubject to revocation during the period of probation imposed, unless terminatedas provided in subsection (b) or G.S. 15A‑1341(c).

Extension. – In addition toG.S. 15A‑1344, the court with the consent of the defendant may extend theperiod of probation beyond the original period (i) for the purpose of allowingthe defendant to complete a program of restitution, or (ii) to allow thedefendant to continue medical or psychiatric treatment ordered as a conditionof the probation. The period of extension shall not exceed three years beyondthe original period of probation. The special extension authorized herein maybe ordered only in the last six months of the original period of probation. Anyprobationary judgment form provided to a defendant on supervised probationshall state that probation may be extended pursuant to this subsection.

(a1)      Supervision ofDefendants on Deferred Prosecution. – The Division of Community Corrections ofthe Department of Correction may be ordered by the court to supervise anoffender's compliance with the terms of a deferred prosecution agreemententered into under G.S. 15A‑1341(a1). Violations of the terms of theagreement shall be reported to the court as provided in this Article and to thedistrict attorney in the district in which the agreement was entered.

(b)        Early Termination.– The court may terminate a period of probation and discharge the defendant atany time earlier than that provided in subsection (a) if warranted by theconduct of the defendant and the ends of justice.

(c)        Conditions;Suspended Sentence. – When the court places a convicted offender on probation,it must determine conditions of probation as provided in G.S. 15A‑1343.In addition, it must impose a suspended sentence of imprisonment, determined asprovided in Article 83, Imprisonment, which may be activated upon violation ofconditions of probation.

(d)        Mandatory Review ofProbation. – Each probation officer must bring the cases of each probationerassigned to him before a court with jurisdiction to review the probation whenthe probationer has served three years of a probationary period greater thanthree years. The probation officer must give reasonable notice to theprobationer, and the probationer may appear. The court must review the casefile of a probationer so brought before it and determine whether to terminatehis probation.

(e)        Out‑of‑StateSupervision. – Supervised probationers are subject to out‑of‑Statesupervision under the provisions of G.S. 148‑65.1.

(f)         Appeal fromJudgment of Probation. – A defendant may seek post‑trial relief from ajudgment which includes probation notwithstanding the authority of the court tomodify or revoke the probation.

(g)        Invalid Conditions;Timing of Objection. – The regular conditions of probation imposed pursuant toG.S. 15A‑1343(b) are in every circumstance valid conditions of probation.A court may not revoke probation for violation of an invalid condition imposedpursuant to G.S. 15A‑1343(b1). The failure of a defendant to object to acondition of probation imposed pursuant to G.S. 15A‑1343(b1) at the timesuch a condition is imposed does not constitute a waiver of the right to objectat a later time to the condition.

(h)        Limitation onJurisdiction to Alter or Revoke Unsupervised Probation. – In the judgmentplacing a person on unsupervised probation, the judge may limit jurisdiction toalter or revoke the sentence under G.S. 15A‑1344. When jurisdiction toalter or revoke is limited, the effect is as provided in G.S. 15A‑1344(b).

(i)         Immunity fromProsecution upon Compliance. – Upon the expiration or early termination asprovided in subsection (b) of a period of probation imposed after deferral ofprosecution and before conviction, the defendant shall be immune fromprosecution of the charges deferred.

(j)         Immunity forInjury to Defendant Performing Community Service. – Immunity from liability forinjury to a defendant performing community service shall be as set forth inG.S. 143B‑475.1(d).  (1977, c. 711, s. 1; 1977, 2nd Sess., c. 1147, ss. 6,7; 1981, c. 377, ss. 4‑6; 1983, c. 435, s. 5.1; c. 561, s. 7; 1985 (Reg.Sess., 1986), c. 960, s. 1; 1993, c. 84, s. 1; 1993 (Reg. Sess., 1994), c. 767,s. 6; 1995, c. 330, s. 1; 2008‑129, s. 3; 2009‑372, s. 10.)