§ 15A-1343. Conditions of probation. - North Carolina Statutes

§ 15A‑1343.  Conditionsof probation.

(a)        In General. – Thecourt may impose conditions of probation reasonably necessary to insure thatthe defendant will lead a law‑abiding life or to assist him to do so.

(b)        Regular Conditions.– As regular conditions of probation, a defendant must:

(1)        Commit no criminaloffense in any jurisdiction.

(2)        Remain within thejurisdiction of the court unless granted written permission to leave by thecourt or his probation officer.

(3)        Report as directedby the court or his probation officer to the officer at reasonable times andplaces and in a reasonable manner, permit the officer to visit him atreasonable times, answer all reasonable inquiries by the officer and obtainprior approval from the officer for, and notify the officer of, any change inaddress or employment.

(4)        Satisfy childsupport and other family obligations as required by the court. If the courtrequires the payment of child support, the amount of the payments shall bedetermined as provided in G.S. 50‑13.4(c).

(5)        Possess no firearm,explosive device or other deadly weapon listed in G.S. 14‑269 without thewritten permission of the court.

(6)        Pay a supervisionfee as specified in subsection (c1).

(7)        Remain gainfully andsuitably employed or faithfully pursue a course of study or of vocationaltraining that will equip him for suitable employment. A defendant pursuing acourse of study or of vocational training shall abide by all of the rules ofthe institution providing the education or training, and the probation officershall forward a copy of the probation judgment to that institution and requestto be notified of any violations of institutional rules by the defendant.

(8)        Notify the probationofficer if he fails to obtain or retain satisfactory employment.

(9)        Pay the costs ofcourt, any fine ordered by the court, and make restitution or reparation asprovided in subsection (d).

(10)      Pay the State ofNorth Carolina for the costs of appointed counsel, public defender, orappellate defender to represent him in the case(s) for which he was placed onprobation.

(11)      At a time to bedesignated by his probation officer, visit with his probation officer afacility maintained by the Division of Prisons.

(12)      Attend and completean abuser treatment program if (i) the court finds the defendant is responsiblefor acts of domestic violence and (ii) there is a program, approved by theDomestic Violence Commission, reasonably available to the defendant, unless thecourt finds that such would not be in the best interests of justice.

(13)      Submit at reasonabletimes to warrantless searches by a probation officer of the probationer'sperson and of the probationer's vehicle and premises while the probationer ispresent, for purposes directly related to the probation supervision, but theprobationer may not be required to submit to any other search that wouldotherwise be unlawful. Whenever the warrantless search consists of testing forthe presence of illegal drugs, the probationer may also be required toreimburse the Department of Correction for the actual cost of drug screeningand drug testing, if the results are positive.

(14)      Submit to warrantlesssearches by a law enforcement officer of the probationer's person and of theprobationer's vehicle, upon a reasonable suspicion that the probationer isengaged in criminal activity or is in possession of a firearm, explosivedevice, or other deadly weapon listed in G.S. 14‑269 without writtenpermission of the court.

(15)      Not use, possess, orcontrol any illegal drug or controlled substance unless it has been prescribedfor him or her by a licensed physician and is in the original container withthe prescription number affixed on it; not knowingly associate with any knownor previously convicted users, possessors, or sellers of any such illegal drugsor controlled substances; and not knowingly be present at or frequent any placewhere such illegal drugs or controlled substances are sold, kept, or used.

A defendant shall not paycosts associated with a substance abuse monitoring program or any other specialcondition of probation in lieu of, or prior to, the payments required by thissubsection.

In addition to these regularconditions of probation, a defendant required to serve an active term ofimprisonment as a condition of special probation pursuant to G.S. 15A‑1344(e)or G.S. 15A‑1351(a) shall, as additional regular conditions of probation,obey the rules and regulations of the Department of Correction governing theconduct of inmates while imprisoned and report to a probation officer in theState of North Carolina within 72 hours of his discharge from the active termof imprisonment.

Regular conditions ofprobation apply to each defendant placed on supervised probation unless thepresiding judge specifically exempts the defendant from one or more of theconditions in open court and in the judgment of the court. It is not necessaryfor the presiding judge to state each regular condition of probation in opencourt, but the conditions must be set forth in the judgment of the court.

Defendants placed onunsupervised probation are subject to the provisions of this subsection, exceptthat defendants placed on unsupervised probation are not subject to the regularconditions contained in subdivisions (2), (3), (6), (8), (11), (13), (14), and(15) of this subsection.

(b1)      Special Conditions.– In addition to the regular conditions of probation specified in subsection(b), the court may, as a condition of probation, require that during theprobation the defendant comply with one or more of the following specialconditions:

(1)        Undergo availablemedical or psychiatric treatment and remain in a specified institution ifrequired for that purpose.

(2)        Attend or reside ina facility providing rehabilitation, counseling, treatment, social skills, oremployment training, instruction, recreation, or residence for persons onprobation.

(2a)      Repealed by SessionLaws 2002, ch. 126, s. 17.18, effective August 15, 2002.

(2b)      Participate in andsuccessfully complete a Drug Treatment Court Program pursuant to Article 62 ofChapter 7A of the General Statutes.

(3)        Submit toimprisonment required for special probation under G.S. 15A‑1351(a) orG.S. 15A‑1344(e).

(3a)      Repealed by SessionLaws 1997‑57, s. 3.

(3b)      Submit to intensivesupervision and abide by the rules adopted by the Division of CommunityCorrections for that level of supervision.

(3c)      Remain at his or herresidence. The court, in the sentencing order, may authorize the offender toleave the offender's residence for employment, counseling, a course of study,vocational training, or other specific purposes and may modify thatauthorization. The probation officer may authorize the offender to leave theoffender's residence for specific purposes not authorized in the court orderupon approval of the probation officer's supervisor. The offender shall berequired to wear a device which permits the supervising agency to monitor theoffender's compliance with the condition electronically and to pay a fee forthe device as specified in subsection (c2) of this section.

(4)        Surrender his or herdriver's license to the clerk of superior court, and not operate a motorvehicle for a period specified by the court.

(5)        Compensate theDepartment of Environment and Natural Resources or the North Carolina WildlifeResources Commission, as the case may be, for the replacement costs of anymarine and estuarine resources or any wildlife resources which were taken,injured, removed, harmfully altered, damaged or destroyed as a result of acriminal offense of which the defendant was convicted. If any investigation isrequired by officers or agents of the Department of Environment and NaturalResources or the Wildlife Resources Commission in determining the extent of thedestruction of resources involved, the court may include compensation of theagency for investigative costs as a condition of probation. This subdivisiondoes not apply in any case governed by G.S. 143‑215.3(a)(7).

(6)        Perform community orreparation service under the supervision of the Division of CommunityCorrections and pay the fee required by G.S. 143B‑262.

(7),(8)  Repealed by SessionLaws 2009‑372, s. 9(b), effective December 1, 2009, and applicable tooffenses committed on or after that date.

(8a)      Purchase the leastexpensive annual statewide license or combination of licenses to hunt, trap, orfish listed in G.S. 113‑270.2, 113‑270.3, 113‑270.5, 113‑271,113‑272, and 113‑272.2 that would be required to engage lawfully inthe specific activity or activities in which the defendant was engaged andwhich constitute the basis of the offense or offenses of which he wasconvicted.

(9)        If the offense isone in which there is evidence of physical, mental or sexual abuse of a minor,the court should encourage the minor and the minor's parents or custodians toparticipate in rehabilitative treatment and may order the defendant to pay thecost of such treatment.

(9a)      Repealed by SessionLaws 2004‑186, s. 1.1, effective December 1, 2004, and applicable tooffenses committed on or after that date.

(10)      Satisfy any otherconditions determined by the court to be reasonably related to hisrehabilitation.

(b2)      Special Conditionsof Probation for Sex Offenders and Persons Convicted of Offenses InvolvingPhysical, Mental, or Sexual Abuse of a Minor. – As special conditions ofprobation, a defendant who has been convicted of an offense which is areportable conviction as defined in G.S. 14‑208.6(4), or which involvesthe physical, mental, or sexual abuse of a minor, must:

(1)        Register as requiredby G.S. 14‑208.7 if the offense is a reportable conviction as defined byG.S. 14‑208.6(4).

(2)        Participate in suchevaluation and treatment as is necessary to complete a prescribed course ofpsychiatric, psychological, or other rehabilitative treatment as ordered by thecourt.

(3)        Not communicatewith, be in the presence of, or found in or on the premises of the victim ofthe offense.

(4)        Not reside in ahousehold with any minor child if the offense is one in which there is evidenceof sexual abuse of a minor.

(5)        Not reside in ahousehold with any minor child if the offense is one in which there is evidenceof physical or mental abuse of a minor, unless the court expressly finds thatit is unlikely that the defendant's harmful or abusive conduct will recur andthat it would be in the minor child's best interest to allow the probationer toreside in the same household with a minor child.

(6)        Satisfy any otherconditions determined by the court to be reasonably related to hisrehabilitation.

(7)        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)(1).

(8)        Submit to satellite‑basedmonitoring pursuant to Part 5 of Article 27A of Chapter 14 of the GeneralStatutes, if the defendant is in the category described by G.S. 14‑208.40(a)(2),and the Department of Correction, based on the Department's risk assessmentprogram, recommends that the defendant submit to the highest possible level ofsupervision and monitoring.

(9)        Submit at reasonabletimes to warrantless searches by a probation officer of the probationer'sperson and of the probationer's vehicle and premises while the probationer ispresent, for purposes specified by the court and reasonably related to theprobation supervision, but the probationer may not be required to submit to anyother search that would otherwise be unlawful. For purposes of thissubdivision, warrantless searches of the probationer's computer or otherelectronic mechanism which may contain electronic data shall be consideredreasonably related to the probation supervision. Whenever the warrantlesssearch consists of testing for the presence of illegal drugs, the probationermay also be required to reimburse the Department of Correction for the actualcost of drug screening and drug testing, if the results are positive.

Defendants subject to theprovisions of this subsection shall not be placed on unsupervised probation.

(b3)      Screening andAssessing for Chemical Dependency. – A defendant ordered to submit to a periodof residential treatment in the Drug Alcohol Recovery Treatment program (DART)operated by the Department of Correction must undergo a screening to determinechemical dependency. If the screening indicates the defendant is chemicallydependent, the court shall order an assessment to determine the appropriatelevel of treatment. The assessment may be conducted either before or after thecourt imposes the condition, but participation in the program shall be based onthe results of the assessment.

(b4)      Intermediate Conditions.– The following conditions of probation apply to each defendant subject tointermediate punishment:

(1)        If required in thediscretion of the defendant's probation officer, perform community serviceunder the supervision of the Division of Community Corrections and pay the feerequired by G.S. 143B‑262.

(2)        Not use, possess, orcontrol alcohol.

(3)        Remain within thecounty of residence unless granted written permission to leave by the court orthe defendant's probation officer.

(4)        Participate in anyevaluation, counseling, treatment, or educational program as directed by theprobation officer, keeping all appointments and abiding by the rules,regulations, and direction of each program.

These conditions apply to eachdefendant subject to intermediate punishment unless the court specificallyexempts the defendant from one or more of the conditions in its judgment ororder. It is not necessary for the presiding judge to state each of theseconditions in open court, but the conditions must be set forth in the judgmentor order of the court.

(c)        Statement ofConditions. – A defendant released on supervised probation must be given awritten statement explicitly setting forth the conditions on which he is beingreleased. If any modification of the terms of that probation is subsequentlymade, he must be given a written statement setting forth the modifications.

(c1)      Supervision Fee. – Anyperson placed on supervised probation pursuant to subsection (a) of thissection shall pay a supervision fee of thirty dollars ($30.00) per month,unless exempted by the court. The court may exempt a person from paying the feeonly for good cause and upon motion of the person placed on supervisedprobation. No person shall be required to pay more than one supervision fee permonth. The court may require that the fee be paid in advance or in a lump sumor sums, and a probation officer may require payment by such methods if he isauthorized by subsection (g) to determine the payment schedule. Supervisionfees must be paid to the clerk of court for the county in which the judgmentwas entered or the deferred prosecution agreement was filed. Fees collectedunder this subsection shall be transmitted to the State for deposit into theState's General Fund.

(c2)      ElectronicMonitoring Device Fee. – Any person placed on house arrest with electronicmonitoring under subsection (b1) of this section shall pay a fee of ninetydollars ($90.00) for the electronic monitoring device. The court may exempt aperson from paying the fee only for good cause and upon motion of the personplaced on house arrest with electronic monitoring. The court may require thatthe fee be paid in advance or in a lump sum or sums, and a probation officermay require payment by those methods if the officer is authorized by subsection(g) of this section to determine the payment schedule. The fee must be paid tothe clerk of court for the county in which the judgment was entered or thedeferred prosecution agreement was filed. Fees collected under this subsectionshall be transmitted to the State for deposit into the State's General Fund.

(d)        Restitution as aCondition of Probation. – As a condition of probation, a defendant may berequired to make restitution or reparation to an aggrieved party or parties whoshall be named by the court for the damage or loss caused by the defendantarising out of the offense or offenses committed by the defendant. Whenrestitution or reparation is a condition imposed, the court shall take intoconsideration the factors set out in G.S. 15A‑1340.35 and G.S. 15A‑1340.36.As used herein, "reparation" shall include but not be limited to theperforming of community services, volunteer work, or doing such other acts orthings as shall aid the defendant in his rehabilitation. As used herein"aggrieved party" includes individuals, firms, corporations,associations, other organizations, and government agencies, whether federal,State or local, including the Crime Victims Compensation Fund established byG.S. 15B‑23. A government agency may benefit by way of reparation eventhough the agency was not a party to the crime provided that when reparation isordered, community service work shall be rendered only after approval has beengranted by the owner or person in charge of the property or premises where thework will be done.

(e)        Costs of Court andAppointed Counsel. – Unless the court finds there are extenuatingcircumstances, any person placed upon supervised or unsupervised probationunder the terms set forth by the court shall, as a condition of probation, berequired to pay all court costs and all fees and costs for appointed counsel,public defender, or counsel employed by or under contract with the Office ofIndigent Defense Services in the case in which the person was convicted. Thefees and costs for appointed counsel, public defender, or other counselservices shall be determined in accordance with rules adopted by the Office ofIndigent Defense Services. The court shall determine the amount of those costsand fees to be repaid and the method of payment.

(f)         Repealed bySession Laws 1983, c. 561, s. 5.

(g)        Probation OfficerMay Determine Payment Schedules and May Transfer Low‑Risk Misdemeanantsto Unsupervised Probation. – If a person placed on supervised probation isrequired as a condition of that probation to pay any moneys to the clerk ofsuperior court, the court may delegate to a probation officer theresponsibility to determine the payment schedule. The court may also authorizethe probation officer to transfer the person to unsupervised probation afterall the moneys are paid to the clerk. If the probation officer transfers aperson to unsupervised probation, he must notify the clerk of that action. Inaddition, a probation officer may transfer a misdemeanant from supervised tounsupervised probation if the misdemeanant is not subject to any specialconditions and was placed on probation solely for the collection of court‑orderedpayments, and the risk assessment shows the misdemeanant to be a low‑riskoffender; however, such a transfer to unsupervised probation does not relievethe misdemeanant of the obligation to continue making court‑orderedpayments under the terms of the misdemeanant's probation.  (1977, c. 711, s. 1; 1977,2nd Sess., c. 1147, ss. 8‑10; 1979, c. 662, s. 1; c. 801, s. 3; c. 830,s. 12; 1981, c. 530, ss. 1, 2; 1983, c. 135, s. 1; c. 561, ss. 1‑6; c.567, s. 2; c. 712, s. 1; 1983 (Reg. Sess., 1984), c. 972, ss. 1, 2; 1985, c.474, ss. 1, 7, 8; 1985 (Reg. Sess., 1986), c. 859, ss. 1, 2; 1987, c. 282, s.33; c. 397, s. 1; c. 579, ss. 1, 2; c. 598, s. 1; c. 819, s. 32; c. 830, s. 17;1989, c. 529, s. 5; c. 727, s. 218(4); 1989 (Reg. Sess., 1990), c. 1010, s. 1;c. 1034, s. 1; 1991 (Reg. Sess., 1992), c. 1000, s. 1; 1993, c. 538, s. 16;1994, Ex. Sess., c. 9, s. 1; c. 24, s. 14(b); 1996, 2nd Ex. Sess., c. 18, s.20.14(c); 1997‑57, s. 3; 1997‑443, ss. 11A.119(a), 19.11(a); 1998‑212,ss. 17.21(a), 19.4(f); 1999‑298, s. 2; 2000‑125, s. 8; 2000‑144,s. 31; 2002‑105, s. 3; 2002‑126, ss. 17.18(a), 29A.2(a); 2003‑141,s. 1; 2004‑186, s. 1.1; 2005‑250, s. 4; 2005‑276, ss. 17.29,43.1(f), 43.2(a); 2006‑247, s. 15(b); 2007‑213, s. 7; 2009‑275,s. 1; 2009‑372, s. 9(a)‑(c); 2009‑547, s. 7.)