NCJ Number
62951
Date Published
1978
Length
6 pages
Annotation
THE TRIAL PROCEDURE ACT OF NORTH CAROLINA, WHICH DAMAGES THE PROCEDURE FOR CONSIDERING REVOCATION OF PROBATION, IS EXPLAINED.
Abstract
UNDER THE ACT, PROBATION MAY BE IMPOSED UNLESS THE OFFENSE IS PUNISHABLE BY DEATH OR A MANDATORY LIFE SENTENCE. JURISDICTION TO REVOKE, MODIFY, REDUCE, EXTEND, OR TERMINATE PROBATION IS LIMITED TO THE SUPERIOR OR DISTRICT COURT DIVISION, WHICHEVER ORIGINALLY IMPOSED PROBATION. A PROCEEDING TO REVOKE PROBATION TRADITIONALLY BEGUN BY THE PROBATION OFFICER, MAY NOW BE INITIATED BY THE COURT. IF THE PROBATIONER IS TO BE ARRESTED, THE PROBATION OFFICER MAY APPLY TO ANY JUDICIAL OFFICIAL FOR AN ORDER FOR ARREST FOR PROBATION VIOLATION. FOLLOWING ARREST, THE PROBATIONER HAS A STATUTORY RIGHT TO BAIL. THE DISTRICT ATTORNEY'S OFFICE SHOULD BE NOTIFIED IN ADVANCE OF ALL COURT HEARINGS CONCERNING REVOCATION. WHEN A PROBATIONER IS HELD IN CUSTODY IN CONNECTION WITH REVOCATION PROCEEDINGS, A PRELIMINARY HEARING IS REQUIRED. THE HEARING MUST BE HELD WITHIN 5 WORKING DAYS OF THE PROBATIONER'S ARREST, OR HE MUST BE RELEASED. THE PURPOSE OF THE HEARING IS TO DETERMINE WHETHER PROBABLE CAUSE EXISTS TO BELIEVE THAT THE PROBATIONER VIOLATED CONDITIONS. BEFORE PROBATION CAN ACTUALLY BE REVOKED, A REVOCATION HEARING IS HELD; THE HEARING IS INFORMAL AND THE RULES OF EVIDENCE DO NOT APPLY. IF THE COURT FINDS THAT A CONDITION OF PROBATION HAS BEEN VIOLATED, IT MAY CONTINUE PROBATION, MODIFY PROBATION, EXTEND PROBATION, ACTIVATE THE FULL SUSPENDED SENTENCE, REDUCE THE SUSPENDED SENTENCE AND THEN ACTIVATE IT, OR IMPOSE SPECIAL PROBATION, WITH TWO EXCEPTIONS, PROBATION CANNOT NORMALLY BE REVOKED AFTER THE PERIOD OF PROBATION HAS EXPIRED. A PROBATION REVOCATION FROM A DISTRICT COURT MAY BE APPEALED TO A SUPERIOR COURT FOR A DE NOVO HEARING. THE NEW ACT ALSO PROVIDES FOR EXTENSION OF THE PROBATION PERIOD UP TO 5 YEARS. (LWM)