GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION

CHAPTER 84
HOUSE BILL 696

AN ACT TO PROVIDE FOR NOTIFICATION TO A DEFENDANT ON SUPERVISED PROBATION THAT HIS PROBATION PERIOD MAY BE EXTENDED FOR UP TO THREE YEARS IF RESTITUTION IS NOT COMPLETED.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 15A-1342(a) reads as rewritten:
"(a)	Period. – The court may place a convicted offender on probation for a maximum of five years.  The court may place a defendant as to whom prosecution has been deferred on probation for a maximum of two years.  The probation remains conditional and subject to revocation during the period of probation imposed, unless terminated as provided in subsection (b) or G.S. 15A-1341(c).
The court with the consent of the defendant may extend the period of probation beyond five years (i) for the purpose of allowing the defendant to complete a program of restitution, or (ii) to allow the defendant to continue medical or psychiatric treatment ordered as a condition of the probation.  The period of extension shall not exceed three years beyond the original period of probation.  The special extension authorized herein may be ordered only in the last six months of the probation term.  Any probationary judgment form provided to a defendant on supervised probation shall state that probation may be extended pursuant to this subsection."
Sec. 2.  G.S. 15A-1351(a) reads as rewritten:
"(a)	The judge may sentence a defendant convicted of an offense for which the maximum penalty does not exceed 10 years 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.  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 the maximum penalty allowed by law for the offense, whichever is less, and no confinement other than an activated suspended sentence may be required beyond two years of conviction.  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 period of probation, including the period of imprisonment required for special probation, may not exceed 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."
Sec. 3.  This act becomes effective March 1, 1994, and applies to persons placed on probation on or after that date.
In the General Assembly read three times and ratified this the 26th day of May, 1993.

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Dennis A. Wicker
President of the Senate

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Daniel Blue, Jr.
Speaker of the House of Representatives