North Carolina § 143B-708 - Community service program.

§ 143B-708. Community service program.

The Division of Adult Correction and Juvenile Justice of the Department of Public Safety may conduct a community service program. The program shall provide oversight of offenders placed under the supervision of the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice and ordered to perform community service hours for criminal violations, including driving while impaired violations under G.S. 20-138.1. This program shall assign offenders, either on supervised or on unsupervised probation, to perform service to the local community in an effort to promote the offender's rehabilitation and to provide services that help restore or improve the community. The program shall provide appropriate work site placement for offenders ordered to perform community service hours. The Division may adopt rules to conduct the program. Each offender shall be required to comply with the rules adopted for the program. The Secretary of Public Safety may assign one or more employees to each district court district as defined in G.S. 7A-133 to assure and report to the Court the offender's compliance with the requirements of the program. Each county shall provide office space in the courthouse or other convenient place, for the use of the employees assigned to that county. A fee of two hundred fifty dollars ($250.00) shall be paid by all persons who participate in the program or receive services from the program staff. Only one fee may be assessed for each sentencing transaction, even if the person is assigned to the program on more than one occasion, or while on deferred prosecution, under a conditional discharge, or serving a sentence for the offense. A sentencing transaction shall include all offenses considered and adjudicated during the same term of court. Fees collected pursuant to this subsection shall be deposited in the General Fund. If the person is convicted in a court in this State, the fee shall be paid to the clerk of court in the county in which the person is convicted, regardless of whether the person is participating in the program as a condition of parole, of probation imposed by the court, or pursuant to the exercise 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 conditional discharge or a deferred prosecution or similar program, the fee shall be paid to the clerk of court in the county in which the agreement is filed. Persons participating in the program for any other reason shall pay the fee to the clerk of court in the county in which the services are provided by the program staff. The fee shall be paid in full before the person may participate in the community service program, except that: A person convicted in a court in this State may be given an extension of time or allowed to begin the community service before the person pays the fee by the court in which the person is convicted; or A person performing community service pursuant to a conditional discharge, deferred prosecution or similar agreement may be given an extension of time or allowed to begin community service before the fee is paid by the official or agency representing the State in the agreement. A person performing community service as a condition of parole may be given an extension of time to pay the fee by the Post-Release Supervision and Parole Commission. No person shall be required to pay the fee before beginning the community service unless the Commission orders the person to do so in writing. A person performing community service as ordered by a probation officer pursuant to authority delegated by G.S. 15A-1343.2 may be given an extension of time to pay the fee by the probation officer exercising the delegated authority. A person is not liable for damages for any injury or loss sustained by an individual performing community or reparation service under this section unless the injury is caused by the person's gross negligence or intentional wrongdoing. As used in this subsection, "person" includes any governmental unit or agency, nonprofit corporation, or other nonprofit agency that is supervising the individual, or for whom the individual is performing community service work, as well as any person employed by the agency or corporation while acting in the scope and course of the person's employment. This subsection does not affect the immunity from civil liability in tort available to local governmental units or agencies. Notice of the provisions of this subsection shall be furnished to the individual at the time of assignment of community service work by the judicial service coordinator. The community service staff shall report to the court in which the community service was ordered, a significant violation of the terms of the probation, deferred prosecution, or conditional discharge related to community service, including a willful failure to pay any moneys due the State under any court order or payment schedule adopted by the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice. The community service staff shall give notice of the hearing to determine if there is a willful failure to comply to the person who was ordered to perform the community service. This notice shall be given by either personal delivery to the person to be notified or by depositing the notice in the United States mail in an envelope with postage prepaid, addressed to the person at the last known address available to the preparer of the notice and reasonably believed to provide actual notice to the person. The notice shall be mailed at least 10 days prior to any hearing and shall state the basis of the alleged willful failure to comply. The court shall then conduct a hearing, even if the person ordered to perform the community service fails to appear, to determine if there is a willful failure to complete the work as ordered by the community service staff within the applicable time limits. The hearing may be held in the county in which the order requiring the performance of community service was imposed, the county in which the violation occurred, or the county of residence of the person. If the court determines there is a willful failure to comply, it shall revoke any drivers license issued to the person and notify the Division of Motor Vehicles to revoke any drivers license issued to the person until the community service requirement has been met. In addition, if the person is present, the court may take any further action authorized by Article 82 of Chapter 15A of the General Statutes for violation of a condition of probation. History (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; 2010-31, s. 19.4(a); 2010-96, s. 28(c); 2010-123, s. 6.3; 2011-145, s. 19.1(h), (i), (k), (s); 2014-119, s. 2(g); 2017-186, s. 1(k).) Editor's Note. - This section was formerly G.S. 143B-475.1. It was recodified as G.S. 143B-262.4 by Session Laws 2001-487, s. 91(a), effective December 16, 2001. Former G.S. 143B-262.4 was recodified by Session Laws 2011-145, s. 19.1(s), effective January 1, 2012. It was subsequently renumbered as this section at the direction of the Revisor of Statutes. The subsection (a1) and (b) designations were changed to (b) and (c), respectively, and the subsection (f) designation was changed to (e) at the direction of the Revisor of Statutes. Session Laws 2010-31, s. 19.4, as amended by Session Laws 2010-123, s. 6.3, which amended subsection (b), is applicable to persons ordered to perform community service on or after October 1, 2010. Session Laws 2010-123, s. 6.3, amended Session Laws 2010-31, s. 19.4(b), which made the amendment to this section by Session Laws 2010-31 effective October 1, 2010, and applicable to persons ordered to perform community service on or after that date. Session Laws 2011-145, s. 19.1(s) recodified former Article 6 of Chapter 143B as Part 2 of Article 5A of Chapter 143B , effective January 1, 2012, but the statutory numbering remained the same. Article 5A was renumbered as Article 13, and former G.S. 143B-260 through 143B-271 were renumbered as G.S. 143B-700 through 143B-726 at the direction of the Revisor of Statutes. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.5, is a severability clause. Effect of Amendments. - Session Laws 2009-372, s. 17, as amended by Session Laws 2009-451, s. 19.26(e), effective December 1, 2009, and applicable to offenses committed on or after that date, rewrote the section. Session Laws 2009-411, s. 2, effective December 1, 2009, substituted "last known address available to the preparer of the notice and reasonably believed to provide actual notice to the person" for "address shown on the records of the community service staff" at the end of the third sentence in subsection (f). Session Laws 2009-451, s. 19.26(c), as amended by Session Laws 2009-575, s. 16A, effective September 1, 2009, and applicable to persons ordered to perform community service on or after that date, substituted "two hundred twenty-five dollars ($225.00)" for "two hundred dollars ($200.00)" in the first sentence of the introductory language of subsection (b). Session Laws 2010-31, s. 19.4(a), as amended by Session Laws 2010-123, s. 6.3, effective October 1, 2010, and applicable to persons ordered to perform community service on or after that date, substituted "two hundred fifty dollars ($250.00)" for "two hundred twenty-five dollars ($225.00)" in the first sentence the introductory paragraph of subsection (b). Session Laws 2010-96, s. 28(c), effective July 20, 2010, in the introductory paragraph of subsection (b), in the fifth sentence, inserted "parole, of" and made a minor punctuation change, and deleted the former seventh sentence, which read: "If the person is participating in the program as a condition of parole, the fee shall be paid to the clerk of the county in which the person is released on parole." Session Laws 2011-145, s. 19.1(h), (i), and (k), effective January 1, 2012, in subsection (a), substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" in the first sentence, and substituted "Division" for "Department" in the next-to-last sentence; substituted "Secretary of Public Safety" for "Secretary of Correction" in subsection (b); and substituted "Section of Community Corrections of the Division of Adult Correction" for "Division of Community Corrections" in the second sentence of subsection (a) and in the first sentence of subsection (e). Session Laws 2014-119, s. 2(g), effective December 1, 2014, in subsection (c), in the second sentence substituted "under a conditional discharge, or" for "or while" and inserted "conditional discharge or a" in the sixth sentence; near the beginning of subdivision (c)(2), inserted "conditional discharge"; in the first sentence of subsection (e), substituted "deferred prosecution, or conditional discharge" for "or deferred prosecution," and in the sixth sentence substituted "order" for "probation judgment or deferred prosecution." Session Laws 2017-186, s. 1(k), effective December 1, 2017, inserted "and Juvenile Justice" throughout subsections (a) and (e). Legal Periodicals. - For 1997 legislative survey, see 20 Campbell L. Rev. 417(1998). For article, "Criminalizing Poverty in North Carolina: Fines and Fees," see 41 N.C. Cent. L. Rev. 25 (2018).