§ 7A-773.1. Who may request plans; disposition of plans; contents of plans. - North Carolina Statutes

§ 7A‑773.1.  Who may request plans; dispositionof plans; contents of plans.

(a)        A judge presiding over a case in which the offender meetsthe criteria set forth in G.S. 7A‑773(1) may request, at any time priorto the imposition of sentence, that the sentencing services program provide asentencing plan. The court may also request, at any time prior to theimposition of sentence, that the program provide a sentencing plan inmisdemeanor cases in which the class of offense is Class A1 or Class 1 and theprior conviction level is Level III, if the court determines that thepreparation of such a plan is in the interest of justice. In addition, in casesin which the offender meets the criteria set forth in G.S. 7A‑773, thedefendant or a prosecutor, at any time before the court has accepted a guiltyplea or received a guilty verdict, may request that the program provide a plan.However, prior to an adjudication of guilt, a defendant may decline toparticipate in the preparation of a plan within a reasonable time after therequest is made. In that case, no plan shall be prepared or presented to thecourt by the sentencing services program prior to an adjudication of guilt. Adefendant's decision not to participate shall be made in writing and filed withthe court. The comprehensive sentencing services program plan prepared pursuantto G.S. 7A‑774 shall define what constitutes a reasonable time within themeaning of this subsection.

(b)        Any sentencing plan prepared by a sentencing servicesprogram shall be presented to the court, the defendant, and the State in anappropriate manner.

(c)        Sentencing plans prepared by sentencing services programsmay include recommendations for use of any treatment or correctional resourcesavailable, unless the sentencing court instructs otherwise. Sentencing plansthat identify an offender's needs for education, treatment, control, or otherservices shall, to the extent feasible, also identify resources to meet thoseneeds. Plans may report that no intermediate punishment is appropriate underthe circumstances of the case.

(d)        To the extent allowed by law, the sentencing servicesprogram shall develop procedures to ensure that the program staff may work withoffenders before a plea is entered. To that end, information obtained in the courseof preparing a sentencing plan may not be used by the State for any purpose attrial and is subject to the provisions of G.S. 15A‑1333. (1999‑306, s. 1; 2000‑67, s. 15.9(b).)