§ 143B-262.4. Community service program. - North Carolina Statutes

§ 143B‑262.4.  Communityservice program.

(a)        The Department ofCorrection may conduct a community service program. The program shall provideoversight of offenders placed under the supervision of the Division ofCommunity Corrections and ordered to perform community service hours forcriminal violations, including driving while impaired violations under G.S. 20‑138.1.This program shall assign offenders, either on supervised or on unsupervisedprobation, to perform service to the local community in an effort to promotethe offender's rehabilitation and to provide services that help restore orimprove the community. The program shall provide appropriate work siteplacement for offenders ordered to perform community service hours. TheDepartment may adopt rules to conduct the program. Each offender shall berequired to comply with the rules adopted for the program.

(a1)      The Secretary ofCorrection may assign one or more employees to each district court district asdefined in G.S. 7A‑133 to assure and report to the Court the offender'scompliance with the requirements of the program. Each county shall provideoffice space in the courthouse or other convenient place, for the use of theemployees assigned to that county.

(b)        A fee of  twohundred twenty‑five dollars ($225.00) shall be paid by all persons whoparticipate in the program or receive services from the program staff. Only onefee may be assessed for each sentencing transaction, even if the person isassigned to the program on more than one occasion, or while on deferredprosecution, or while serving a sentence for the offense. A sentencingtransaction shall include all offenses considered and adjudicated during thesame term of court. Fees collected pursuant to this subsection shall bedeposited in the General Fund. If the person is convicted in a court in thisState, the fee shall be paid to the clerk of court in the county in which theperson is convicted, regardless of whether the person is participating in theprogram as a condition of probation imposed by the court or pursuant to theexercise of authority delegated to the probation officer pursuant to G.S. 15A‑1343.2(e)or (f). If the person is participating in the program as a result of a deferredprosecution or similar program, the fee shall be paid to the clerk of court inthe county in which the agreement is filed. If the person is participating inthe program as a condition of parole, the fee shall be paid to the clerk of thecounty in which the person is released on parole. Persons participating in theprogram for any other reason shall pay the fee to the clerk of court in thecounty in which the services are provided by the program staff. The fee shallbe paid in full before the person may participate in the community serviceprogram, except that:

(1)        A person convictedin a court in this State may be given an extension of time or allowed to beginthe community service before the person pays the fee by the court in which theperson is convicted; or

(2)        A person performingcommunity service pursuant to a deferred prosecution or similar agreement maybe given an extension of time or allowed to begin community service before thefee is paid by the official or agency representing the State in the agreement.

(3)        A person performingcommunity service as a condition of parole may be given an extension of time topay the fee by the Post‑Release Supervision and Parole Commission. Noperson shall be required to pay the fee before beginning the community serviceunless the Commission orders the person to do so in writing.

(4)        A person performingcommunity service as ordered by a probation officer pursuant to authoritydelegated by G.S. 15A‑1343.2 may be given an extension of time to pay thefee by the probation officer exercising the delegated authority.

(c)        Repealed by SessionLaws 2009‑372, s. 17, effective December 1, 2009, and applicable tooffenses committed on or after that date.

(d)        A person is notliable for damages for any injury or loss sustained by an individual performingcommunity or reparation service under this section unless the injury is causedby the person's gross negligence or intentional wrongdoing. As used in thissubsection, "person" includes any governmental unit or agency,nonprofit corporation, or other nonprofit agency that is supervising theindividual, or for whom the individual is performing community service work, aswell as any person employed by the agency or corporation while acting in thescope and course of the person's employment. This subsection does not affectthe immunity from civil liability in tort available to local governmental unitsor agencies. Notice of the provisions of this subsection shall be furnished tothe individual at the time of assignment of community service work by thejudicial service coordinator.

(e)        Repealed by SessionLaws 2009‑372, s. 17, effective December 1, 2009, and applicable tooffenses committed on or after that date.

(f)         The communityservice staff shall report to the court in which the community service wasordered, a significant violation of the terms of the probation, or deferredprosecution, related to community service, including a willful failure to payany moneys due the State under any court order or payment schedule adopted bythe Division of Community Corrections. The community service staff shall givenotice of the hearing to determine if there is a willful failure to comply tothe person who was ordered to perform the community service. This notice shallbe given by either personal delivery to the person to be notified or bydepositing the notice in the United States mail in an envelope with postageprepaid, addressed to the person at the last known address available to thepreparer of the notice and reasonably believed to provide actual notice to theperson. The notice shall be mailed at least 10 days prior to any hearing andshall state the basis of the alleged willful failure to comply. The court shallthen conduct a hearing, even if the person ordered to perform the communityservice fails to appear, to determine if there is a willful failure to completethe work as ordered by the community service staff within the applicable timelimits. The hearing may be held in the county in which the probation judgmentor deferred prosecution requiring the performance of community service was imposed,the county in which the violation occurred, or the county of residence of theperson. If the court determines there is a willful failure to comply, it shallrevoke any drivers license issued to the person and notify the Division ofMotor Vehicles to revoke any drivers license issued to the person until thecommunity service requirement has been met. In addition, if the person ispresent, the court may take any further action authorized by Article 82 ofChapter 15A of the General Statutes for violation of a condition of probation.  (1983 (Reg. Sess., 1984), c.1034, s. 102; 1985, c. 451; 1985 (Reg. Sess., 1986), c. 1012, s. 4; 1987 (Reg.Sess., 1988), c. 1037, s. 118; 1989, c. 752, s. 109; 1995, c. 330, s. 2; c.507, s. 20(a); 1997‑234, s. 2; 1998‑217, s. 34; 2001‑487, ss.91(a), (b); 2002‑126, s. 29A.1(c); 2009‑372, s. 17; 2009‑411,s. 2; 2009‑451, s. 19.26(c), (e); 2009‑575, s. 16A.)