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Click here to access our lawyer directory to get the assistance you need near you. This gives you, as a first offender, the chance to obtain a case dismissal. (15) Not use, possess, or control any illegal drug or controlled substance unless it has been prescribed for him or her by a licensed physician and is in the original container with the prescription number affixed on it; not knowingly associate with any known or previously convicted users, possessors, or sellers of any such illegal drugs or controlled substances; and not knowingly be present at or frequent any place where such illegal drugs or controlled substances are sold, kept, or used. 46.04): A person convicted of a felony commits a third degree felony offense and is subject to incarceration in the penitentiary if he is found in the possession of a firearm prior to five years after their date of discharge from probation. Some jurisdictions pass on some of their administrative costs to the registrants. 3663 and 3663A or any other statute authorizing a sentence of restitution. The defendant shall not have any social networking accounts without the approval of the U.S. 16; c. 567, s. 2; c. 712, s. 1; 1983 (Reg. If notifying the probation officer in advance is not possible due to unanticipated circumstances, the defendant must notify the probation officer within 72 hours of becoming aware of a change or expected change. Paying for fines, treatment program fees, and restitution to victims. 1 0 obj
The court may exempt a person from paying the fee only for good cause and upon motion of the person placed on supervised probation. Sess., 1990), c. 1010, s. 1; c. 1034, s. 1; 1991 (Reg. (8a) Purchase the least expensive annual statewide license or combination of licenses to hunt, trap, or fish listed in G.S. The "standard conditions" are generally . The following conditions of probation apply to each defendant subject to intermediate punishment: (1) If required in the discretion of the defendant's probation officer, perform community service under the supervision of the Division of Community Corrections and pay the fee required by G.S. Additionally, there may be reporting instructions required by the visiting district. The defendant shall provide the probation office with access to any requested financial information. The ICAOS provides oversight and assistance in administering the Interstate Compact for Adult Offender Supervision, which was approved in 2002. (5) Not reside in a household with any minor child if the offense is one in which there is evidence of physical or mental abuse of a minor, unless the court expressly finds that it is unlikely that the defendant's harmful or abusive conduct will recur and that it would be in the minor child's best interest to allow the probationer to reside in the same household with a minor child. - If a person placed on supervised probation is required as a condition of that probation to pay any moneys to the clerk . 7B-1906 (b1). The court shall determine the amount of those costs and fees to be repaid and the method of payment. The circumstances and processes under which a juvenile may fall under probation are vary significantly from state to state. The defendant shall not unlawfully possess a controlled substance. The punishment for probation violations usually depends on a variety of factors, such as the nature and seriousness of the violation, whether you have any prior violations, and whether there are other circumstances that may lessen (or worsen) the severity of the situation. Registration shall be maintained for a period of at least 30 years following the date of initial county registration unless the person, after 10 years of registration, successfully petitions the superior court to shorten his or her registration time period under G.S. Courts are also free to impose additional, "discretionary" conditions that they deem appropriate based on the offender's crime and their rehabilitative needs. The defendant must answer truthfully the questions asked by your probation officer. For offenses committed after April 24, 1996: You must obtain permission in advance from your probation officer to travel outside the Middle District of North Carolina for any reason. Apply for a North Carolina Department of Public Safety Probation/Parole Officer job in Raleigh, NC. Such computers, computer hardware or software is subject to warrantless searches and/or seizures by the U.S. (8) Submit to satellitebased monitoring pursuant to Part 5 of Article 27A of Chapter 14 of the General Statutes, if the defendant is in the category described by G.S. 1. Federal Probation. I am on probation for drug charges, will i be banned from drinking alcohol. I shall not change my residence or employment without the consent of my Agent. Any proposed change in residence, co-residents or employment must be provided to the U.S. The defendant shall cooperate in the collection of DNA as directed by the probation officer (unless omitted by the court). ZEm$b>Q9DEt1zqJ*D-%7;. The defendant must refrain from any unlawful use of a controlled substance. (9) If the offense is one 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 to participate in rehabilitative treatment and may order the defendant to pay the cost of such treatment. Find out the information you need with GovernmentRegistry.org. (d) Search of Sex Offender Registration Information Required When Placing a Defendant on . The defendant shall not seek any extension of credit (including, but not limited to, credit card account, bank loan, personal loan) unless authorized to do so in advance by the probation officer. X Research source. 14208.40(a)(1). The length of time a sex offender must comply with registration requirements varies widely depending on the jurisdiction where the registrant lives, and the level of the offense committed. endobj
Some jurisdictions restrict registrants from living within a measured distance of certain places. Any offense where the victim of the offense was under the age of 18 years at the time of the offense. In addition, a probation officer may transfer a misdemeanant from supervised to unsupervised probation if the misdemeanant is not subject to any special conditions and was placed on probation solely for the collection of courtordered payments, and the risk assessment shows the misdemeanant to be a lowrisk offender; however, such a transfer to unsupervised probation does not relieve the misdemeanant of the obligation to continue making courtordered payments under the terms of the misdemeanant's probation. Sabotaging, removing or altering this device in any way may be seen as a violation of the probation. The defendant must make restitution in accordance with 18 U.S.C. Fax: 919-715-1256. Standard Condition Language You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to take any items prohibited While we stand by our research, it is for informational purposes only. Effective for offenses committed on or after December 1, 2011, an intermediate punishment is defined as a sentence under Structured Sentencing (which is pretty much anything aside from DWI) that places a defendant on supervised probation and may include drug treatment court or special probation (a split sentence). 28]. 2. Probation Officer. For purposes of this subsection, "immediate family member" means a child or sibling who is 18 years of age or older, or a parent, grandparent, legal guardian, or spouse of the registrant. 112 0 obj
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(12) Attend and complete an abuser treatment program if (i) the court finds the defendant is responsible for acts of domestic violence and (ii) there is a program, approved by the Domestic Violence Commission, reasonably available to the defendant, unless the court finds that such would not be in the best interests of justice. Probation Officer. . The parole review process in North Carolina only applies to offenders who There is a supervising officer that . Sign up for our free summaries and get the latest delivered directly to you. 3;$uIf6l[9 //98f626LIy19{f(4e2W 3}e]X3y&0c$f}$3wB$4wHjhMH0Dn#Is0-nd2. (1997-516, s. 1; 2001-373, s. Upon conviction for a misdemeanor or felony in most courts, including North Carolina's state courts, the judge may have the discretion to impose a. If the probation officer determines that the defendant poses a risk to another person (including an organization), the probation officer may require the defendant to notify the person about the risk and he/she must comply with that instruction. (a1) A person who is a nonresident student or a nonresident worker and who has a reportable conviction, or is required to register in the person's state of residency, is required to maintain registration with the sheriff of the county where the person works or attends school. This can take many forms, including electronic, mail, or in-person notification, publication in local newspapers, and community meetings. See G.S. Essentially, you are put on probation and . 17.18(a), 29A.2(a); 2003141, s. 1; 2004186, s. 1.1; 2005250, s. 4; 2005276, ss. It was created in 1977 to replace the prior practice of suspending a sentence without probation. This Compact has the authority of federal law and supersedes any state law to the contrary. %%EOF
Please check official sources. Your probation officer will total all your costs (including the supervision fee) and divide them by the amount of time you (10) Pay the State of North Carolina for the costs of appointed counsel, public defender, or appellate defender to represent him in the case(s) for which he was placed on probation. 15A1344(e) or G.S. (4) On the State Fairgrounds during the period of time each year that the State Fair is conducted, on the Western North Carolina Agricultural Center grounds during the period of time each year that the North Carolina Mountain State Fair is conducted, and on any other fairgrounds during the period of time that an agricultural fair is being conducted. (2a) Repealed by Session Laws 2002, ch. This restriction could be for all registrants, or only for higher-level offenders or those under supervision. The probation officer may contact the person and confirm that the defendant has notified the person about the risk. Registrants currently under supervision usually need permission from their Parole or Probation Officer before traveling and should always consult their supervising officer. Probation Officer. 1030(e)(1)), or other electronic communications or data storage devices or media, or office, to a search conducted by a United States probation officer and such other law enforcement personnel as the probation officer may deem advisable, without a warrant. 14-208.6C, the requirement of registration shall not be terminated. Defendants cannot leave the counties located in the Western District of North Carolina without prior, written permission from their U.S. Fees collected under this subsection shall be transmitted to the State for deposit into the State's General Fund. (6) Pay a supervision fee as specified in subsection (c1). The Overview of Probation and Supervised Release Conditions may: . LAWS : I will obey all federal and state laws, municipal and county ordinances. 1, 2; 1983, c. 135, s. 1; c. 561, ss. UNLAWFUL POSSESSION OF A FIREARM BY FELON (P.C. Probation requires that you comply with certain court-ordered rules and conditions under the supervision of a probation officer. Common terms of probation include: Meeting regularly with your probation officer at set times. (5) Possess no firearm, explosive device or other deadly weapon listed in G.S. 15A1344(e). If warranted, the defendant shall participate in a substance abuse program and follow the rules and regulations of that program. The defendant shall upon request, immediately provide the probation officer with any and all passwords required to access data compressed or encrypted for storage by any software. Probationers and parolees are required to comply with many supervision requirements and conditions of release. 2 | Probation Violations in North Carolina are handled under similar but statutorily separate procedures outlined in Article 84A (post-release supervision) and Article 85 (parole) of G.S. (d) Changes in the ownership of or use of property within 1,000 feet of a registrant's registered address that occur after a registrant establishes residency at the registered address shall not form the basis for finding that an offender is in violation of this section. Some jurisdictions require registrants to notify authorities immediately, while others allow limited stays without requiring registration. 15A-1340.11 (6). There are two kinds of probation in North Carolina; supervised and unsupervised. Probation & Parole. See G.S. If any modification of the terms of that probation is subsequently made, he must be given a written statement setting forth the modifications. In addition to these regular conditions of probation, a defendant required to serve an active term of imprisonment as a condition of special probation pursuant to G.S. Sess., c. 18, s. 20.14(c); 199757, s. 3; 1997443, ss. 143215.3(a)(7). Probation Program. When the court enters the judgment suspending a sentence and placing somebody on probation, the court must spell out the length of the period of probation and the terms and conditions. The person has committed any offense in Article 7B of this Chapter or any federal offense or offense committed in another state, which if committed in this State is substantially similar to an offense in Article 7B of this Chapter, and a finding has been made in any criminal or civil proceeding that the person presents, or may present, a danger to minors under the age of 18. b. This label could be the words Sex Offender printed on the ID in a prominent place or a more subtle designation known to law enforcement. Does a sex offender have to register if they work or go to school in a different state? G.S. The defendant must live at a place approved by the probation officer. If you know Michael, you know he likes to get things done. In any event, it is a good idea for you to consult with your current or another lawyer right away, including about your appeal options for your second case in the event the appeal deadline has not expired. The defendant must pay the assessment imposed in accordance with 18 U.S.C. %
(c1) Supervision Fee. ** In North Carolina, rules regarding probation violations and the subsequent hearings are governed by North Carolina general statute 15A-1345. Whenever the warrantless search consists of testing for the presence of illegal drugs, the probationer may also be required to reimburse the Department of Correction for the actual cost of drug screening and drug testing, if the results are positive. The probation officer will supervise the defendants participation in the program (including, but not limited provider, location, modality, duration, intensity)(unless omitted by the Court). (g) Probation Officer May Determine Payment Schedules and May Transfer LowRisk Misdemeanants to Unsupervised Probation. To unsupervised probation and restitution to victims $ b > Q9DEt1zqJ * D- % 7 ;,! 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