2005 North Carolina Code - General Statutes § 15A-1340.11. Definitions.

§ 15A‑1340.11.  Definitions.

The following definitions apply in this Article:

(1)       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.

(2)       Community punishment. – A sentence in a criminal case that does not include an active punishment, an intermediate punishment, or any of the conditions of probation listed in subdivision (6) of this section.

(3)       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.

(3a)     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:

a.         Court supervision.

b.         Drug screening or testing.

c.         Drug or alcohol treatment programs.

(4)       Repealed by Session Laws 1997‑57, s. 2.

(4a)     House arrest with electronic monitoring. – Probation in which the offender is required to remain at his or her residence 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. The offender shall be required to wear a device which permits the supervising agency to monitor the offender's compliance with the condition electronically.

(5)       Intensive probation. – Probation that requires the offender to submit to 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 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.

(6)       Intermediate punishment. – A sentence in a criminal case that places an offender on supervised probation and includes at least one of the following conditions:

a.         Special probation as defined in G.S. 15A‑1351(a).

b.         Assignment to a residential program.

c.         House arrest with electronic monitoring.

d.         Intensive probation.

e.         Assignment to a day‑reporting center.

f.          Assignment to a drug treatment court program.

(7)       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:

a.         In the district court, and the person has not given notice of appeal and the time for appeal has expired; or

b.         In the superior court, regardless of whether the conviction is on appeal to the appellate division; or

c.         In the courts of the United States, another state, the armed services of the United States, or another country, regardless of whether the offense would be a crime if it occurred in North Carolina,

regardless of whether the crime was committed before or after the effective date of this Article.

(8)       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. (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.)