GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
SESSION LAW 2003-151
SENATE BILL 93
AN ACT to amend the definition of special probation TO removE the six-month limitation on the period of imprisonment.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15A-1344(e) reads as rewritten:
"(e) Special Probation in
Response to Violation. - When a defendant has violated a condition of
probation, the court may modify his probation to place him on special probation
as provided in this subsection. In placing him on special probation, the court
may continue or modify the conditions of his probation and in addition require
that he submit to a period or periods of imprisonment, either continuous or
noncontinuous, at whatever time or intervals within the period of probation the
court determines. In addition to any other conditions of probation which the
court may impose, the court shall impose, when imposing a period or periods of
imprisonment as a condition of special probation, the condition that the
defendant obey the Rules and Regulations of the Department of Correction
governing conduct of inmates, and this condition shall apply to the defendant
whether or not the court imposes it as a part of the written order. If imprisonment
is for continuous periods, the confinement may be in either the custody of the
Department of Correction or a local confinement facility. Noncontinuous periods
of imprisonment under special probation may only be served in a designated
local confinement or treatment facility. Except for probationary sentences for
impaired driving under G.S. 20-138.1, the total of all periods of confinement
imposed as an incident of special probation, but not including an activated
suspended sentence, may not exceed six months or one fourth one-fourth
the maximum sentence of imprisonment imposed for the offense, whichever
is less. offense. For probationary sentences for impaired driving
under G.S. 20-138.1, the total of all periods of confinement imposed as an
incident of special probation, but not including an activated suspended
sentence, shall not exceed one-fourth the maximum penalty allowed by law. No
confinement other than an activated suspended sentence may be required beyond
the period of probation or beyond two years of the time the special probation
is imposed, whichever comes first."
SECTION 2. G.S. 15A-1351(a) reads as rewritten:
"(a) The judge may
sentence to special probation a defendant convicted of a criminal offense other
than impaired driving under G.S. 20-138.1, if based on the defendant's prior
record or conviction level as found pursuant to Article 81B of this Chapter, an
intermediate punishment is authorized for the class of offense of which the
defendant has been convicted. A defendant convicted of impaired driving under
G.S. 20-138.1 may also be sentenced to special probation. Under a sentence of
special probation, the court may suspend the term of imprisonment and place the
defendant on probation as provided in Article 82, Probation, and in addition
require that the defendant submit to a period or periods of imprisonment in the
custody of the Department of Correction or a designated local confinement or
treatment facility at whatever time or intervals within the period of
probation, consecutive or nonconsecutive, the court determines. In addition to
any other conditions of probation which the court may impose, the court shall
impose, when imposing a period or periods of imprisonment as a condition of
special probation, the condition that the defendant obey the Rules and
Regulations of the Department of Correction governing conduct of inmates, and
this condition shall apply to the defendant whether or not the court imposes it
as a part of the written order. If imprisonment is for continuous periods, the
confinement may be in the custody of either the Department of Correction or a
local confinement facility. Noncontinuous periods of imprisonment under special
probation may only be served in a designated local confinement or treatment
facility. Except for probationary sentences of impaired driving under G.S. 20-138.1,
the total of all periods of confinement imposed as an incident of special
probation, but not including an activated suspended sentence, may not exceed six
months or one fourth one-fourth the maximum sentence of imprisonment
imposed for the offense, whichever is less, and no confinement other
than an activated suspended sentence may be required beyond two years of
conviction. For probationary sentences for impaired driving under G.S. 20-138.1,
the total of all periods of confinement imposed as an incident of special
probation, but not including an activated suspended sentence, shall not exceed
one-fourth the maximum penalty allowed by law. In imposing a sentence of
special probation, the judge may credit any time spent committed or confined,
as a result of the charge, to either the suspended sentence or to the
imprisonment required for special probation. The original period of probation,
including the period of imprisonment required for special probation, shall be
as specified in G.S. 15A-1343.2(d), but may not exceed a maximum of five years,
except as provided by G.S. 15A-1342(a). The court may revoke, modify, or
terminate special probation as otherwise provided for probationary
sentences."
SECTION 3. This act becomes effective December 1, 2003, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 29th day of May, 2003.
s/ Beverly E. Perdue
President of the Senate
s/ Richard T. Morgan
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 11:42 p.m. this 4th day of June, 2003