State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1343_2

§ 15A‑1343.2.  Specialprobation rules for persons sentenced under Article 81B.

(a)        Applicability. – Thissection applies only to persons sentenced under Article 81B of this Chapter.

(b)        Purposes ofProbation for Community and Intermediate Punishments. – The Department ofCorrection shall develop a plan to handle offenders sentenced to community andintermediate punishments. The probation program designed to handle theseoffenders shall have the following principal purposes: to hold offendersaccountable for making restitution, to ensure compliance with the court'sjudgment, to effectively rehabilitate offenders by directing them tospecialized treatment or education programs, and to protect the public safety.

(c)        Probation CaseloadGoals. – It is the goal of the General Assembly that, subject to theavailability of funds, caseloads for probation officers supervising personssentenced to community punishment should not exceed an average of 90 offendersper officer, and caseloads for offenders sentenced to intermediate punishmentsshould not exceed an average of 60 offenders per officer by July 1, 1998.

(d)        Lengths ofProbation Terms Under Structured Sentencing. – Unless the court makes specificfindings that longer or shorter periods of probation are necessary, the lengthof the original period of probation for offenders sentenced under Article 81Bshall be as follows:

(1)        For misdemeanantssentenced to community punishment, not less than six nor more than 18 months;

(2)        For misdemeanantssentenced to intermediate punishment, not less than 12 nor more than 24 months;

(3)        For felons sentencedto community punishment, not less than 12 nor more than 30 months; and

(4)        For felons sentencedto intermediate punishment, not less than 18 nor more than 36 months.

If the court finds at the timeof sentencing that a longer period of probation is necessary, that period maynot exceed a maximum of five years, as specified in G.S. 15A‑1342 andG.S. 15A‑1351.

Extension. – The court maywith the consent of the offender extend the original period of the probation ifnecessary to complete a program of restitution or to complete medical orpsychiatric treatment ordered as a condition of probation. This extension maybe for no more than three years, and may only be ordered in the last six monthsof the original period of probation.

(e)        Delegation toProbation Officer in Community Punishment. – Unless the presiding judgespecifically finds in the judgment of the court that delegation is notappropriate, the Division of Community Corrections in the Department ofCorrection may require an offender sentenced to community punishment to:

(1)        Perform up to 20hours of community service, and pay the fee prescribed by law for thissupervision;

(2)        Report to theoffender's probation officer on a frequency to be determined by the officer; or

(3)        Submit to substanceabuse assessment, monitoring or treatment.

If the Division imposes any ofthe above requirements, then it may subsequently reduce or remove those samerequirements.

If the probation officerexercises authority delegated by the court pursuant to this subsection, theoffender may file a motion with the court to review the action taken by theprobation officer. The offender shall be given notice of the right to seek sucha court review. The Division may exercise any authority delegated to it underthis subsection only if it first determines that the offender has failed tocomply with one or more of the conditions of probation imposed by the court.

(f)         Delegation toProbation Officer in Intermediate Punishments. – Unless the presiding judgespecifically finds in the judgment of the court that delegation is notappropriate, the Division of Community Corrections in the Department ofCorrection may require an offender sentenced to intermediate punishment to:

(1)        Perform up to 50hours of community service, and pay the fee prescribed by law for thissupervision;

(2)        Submit to a curfewwhich requires the offender to remain in a specified place for a specifiedperiod each day and wear a device that permits the offender's compliance withthe condition to be monitored electronically;

(3)        Submit to substanceabuse assessment, monitoring or treatment; or

(4)        Participate in aneducational or vocational skills development program.

(5)        Submit to satellite‑basedmonitoring pursuant to Part 5 of Article 27A of Chapter 14 of the GeneralStatutes, if the defendant is described by G.S. 14‑208.40(a)(2).

If the Division imposes any ofthe above requirements, then it may subsequently reduce or remove those samerequirements.

If the probation officerexercises authority delegated to him or her by the court pursuant to thissubsection, the offender may file a motion with the court to review the actiontaken by the probation officer. The offender shall be given notice of the rightto seek such a court review. The Division may exercise any authority delegatedto it under this subsection only if it first determines that the offender hasfailed to comply with one or more of the conditions of probation imposed by thecourt.

(f1)       Mandatory Conditionof Satellite‑Based Monitoring for Some Sex Offenders. – Notwithstandingany other provision of this section, the court shall impose satellite‑basedmonitoring pursuant to Part 5 of Article 27A of Chapter 14 of the GeneralStatutes as a condition of probation on any offender who is described by G.S.14‑208.40(a)(1).

(g)        Repealed by SessionLaws 1993 (Reg. Sess., 1994), c. 19, s. 3.

(h)        Definitions. – Forpurposes of this section, the definitions in G.S. 15A‑1340.11 apply. (1993, c. 538, s. 17.1; 1994,Ex. Sess., c. 14, s. 22; c. 19, s. 3; c. 24, s. 14(b); 1993 (Reg. Sess., 1994),c. 767, s. 8; 1997‑57, s. 4; 2001‑487, s. 47(b); 2006‑247,ss. 15(c), 15(d).)