North Carolina § 15A-1340 - 11. Definitions.

§ 15A-1340. 11. Definitions.

The following definitions apply in this Article: Active punishment. - A sentence in a criminal case that requires an offender to serve a sentence of imprisonment and is not suspended. Special probation, as defined in G.S. 15A-1351, is not an active punishment. Community punishment. - A sentence in a criminal case that does not include an active punishment or assignment to a drug treatment court, or special probation as defined in G.S. 15A-1351(a). It may include any one or more of the conditions set forth in G.S. 15A-1343(a1). Repealed by Session Laws 2011-192, s. 1(h), effective December 1, 2011. Drug treatment court program. - Program to which offenders are required, as a condition of probation, to comply with the rules adopted for the program as provided for in Article 62 of Chapter 7A of the General Statutes and to report on a regular basis for a specified time to participate in: Court supervision. Drug screening or testing. Drug or alcohol treatment programs. Repealed by Session Laws 1997-57, s. 2. House arrest with electronic monitoring. - Probation in which the offender is required to remain at his or her residence. The court, in the sentencing order, may authorize the offender to leave the offender's residence for employment, counseling, a course of study, vocational training, or other specific purposes and may modify that authorization. The probation officer may authorize the offender to leave the offender's residence for specific purposes not authorized in the court order upon approval of the probation officer's supervisor. The offender shall be required to wear a device which permits the supervising agency to monitor the offender's compliance with the condition. Repealed by Session Laws 2011-192, s. 1(i), effective December 1, 2011. Intermediate punishment. - A sentence in a criminal case that places an offender on supervised probation. It may include drug treatment court, special probation as defined in G.S. 15A-1351(a), and one or more of the conditions set forth in G.S. 15A-1343(a1). Prior conviction. - A person has a prior conviction when, on the date a criminal judgment is entered, the person being sentenced has been previously convicted of a crime: In the district court, and the person has not given notice of appeal and the time for appeal has expired; or In the superior court, regardless of whether the conviction is on appeal to the appellate division; or In the courts of the United States, another state, the Armed Forces of the United States, or another country, regardless of whether the offense would be a crime if it occurred in North Carolina, Repealed by Session Laws 2011-192, s. 1(j), effective December 1, 2011. regardless of whether the crime was committed before or after the effective date of this Article. History (1993, c. 538, s. 1; 1994, Ex. Sess., c. 14, s. 17; c. 24, s. 14(b); 1997-57, s. 2; 1997-80, s. 6; 1999-306, s. 2; 2004-128, s. 3; 2009-372, s. 5; 2009-547, s. 6; 2011-183, s. 17; 2011-192, s. 1(a), (b), (h)-(j).) Editor's Note. - Session Laws 2011-192, s. 9, provides: "This act shall be known as 'The Justice Reinvestment Act of 2011.'" Session Laws 2011-192, s. 10, provides in part: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Effect of Amendments. - Session Laws 2004-128, s. 3, effective July 26, 2004, added subdivision (3a); and added subdivision (6)f. Session Laws 2009-372, s. 5, effective December 1, 2009, and applicable to offenses committed on or after that date, in subdivision (4a), deleted "electronically" at the end of the last sentence; in subdivision (5), substituted "supervision" for "probation" in the heading, and substituted "rules adopted by the Division of Community Corrections for intensive supervision, including, but not limited to" for "supervision by officers assigned to the Intensive Supervision Program established pursuant to G.S. 143B-262(c), and to comply with the rules adopted for that Program. Unless otherwise ordered by the court, intensive supervision also requires" near the middle; and in subdivision (6)d. substituted "supervision" for "probation." Session Laws 2009-547, s. 6, effective December 1, 2009, and applicable to offenses committed on or after that date, in subdivision (4a), deleted "unless the court or the probation officer authorizes the offender to leave for the purpose of employment, counseling, a course of study, or vocational training" at the end of the first sentence, and added the present second and third sentences. Session Laws 2011-183, s. 17, effective June 20, 2011, substituted "Armed Forces" for "armed services" in subdivision (7)c. Session Laws 2011-192, ss. 1(a), (b) and (h) through (j), effective December 1, 2011, rewrote subdivision (2); repealed subdivision (3), which read: "Day-reporting center. - A facility to which offenders are required, as a condition of probation, to report on a daily or other regular basis at specified times for a specified length of time to participate in activities such as counseling, treatment, social skills training, or employment training"; repealed subdivision (5), which read: "Intensive supervision. - Probation that requires the offender to submit to rules adopted by the Division of Community Corrections for intensive supervision, including, but not limited to, multiple contacts by a probation officer per week, a specific period each day during which the offender must be at his or her residence, and that the offender remain gainfully and suitably employed or faithfully pursue a course of study or of vocational training that will equip the offender for suitable employment."; rewrote subdivision (6); and repealed subdivision (8), which read: "Residential program. - A program in which the offender, as a condition of probation, is required to reside in a facility for a specified period and to participate in activities such as counseling, treatment, social skills training, or employment training, conducted at the residential facility or at other specified locations." For applicability, see Editor's Note. Legal Periodicals. - For survey of 1982 law on criminal procedure, see 61 N.C.L. Rev. 1090 (1983). For 1997 Legislative Survey, see 20 Campbell L. Rev. 417. For comment, "Lots of Squeeze, Little (or No) Juice: North Carolina's Habitual Misdemeanor Larceny Statute, a Law Where Results Do Not Justify Costs,” see 97 N.C.L. Rev. 432 (2019).