§ 15A-1021. Plea conference; improper pressure prohibited; submission of arrangement to judge; restitution and reparation as part of plea arrangement agreement, etc.
Article58.
Procedures Relating toGuilty Pleas in Superior Court.
§ 15A‑1021. Pleaconference; improper pressure prohibited; submission of arrangement to judge;restitution and reparation as part of plea arrangement agreement, etc.
(a) In superior court,the prosecution and the defense may discuss the possibility that, upon thedefendant's entry of a plea of guilty or no contest to one or more offenses,the prosecutor will not charge, will dismiss, or will move for the dismissal ofother charges, or will recommend or not oppose a particular sentence. If thedefendant is represented by counsel in the discussions the defendant need notbe present. The trial judge may participate in the discussions.
(b) No personrepresenting the State or any of its political subdivisions may bring improperpressure upon a defendant to induce a plea of guilty or no contest.
(c) If the parties havereached a proposed plea arrangement in which the prosecutor has agreed torecommend a particular sentence, they may, with the permission of the trialjudge, advise the judge of the terms of the arrangement and the reasonstherefor in advance of the time for tender of the plea. The proposed pleaarrangement may include a provision for the defendant to make restitution orreparation to an aggrieved party or parties for the damage or loss caused bythe offense or offenses committed by the defendant. The judge may indicate tothe parties whether he will concur in the proposed disposition. The judge maywithdraw his concurrence if he learns of information not consistent with therepresentations made to him.
(d) When restitution orreparation by the defendant is a part of the plea arrangement agreement, if thejudge concurs in the proposed disposition he may order that restitution orreparation be made as a condition of special probation pursuant to theprovisions of G.S. 15A‑1351, or probation pursuant to the provisions ofG.S. 15A‑1343(d). If an active sentence is imposed the court mayrecommend that the defendant make restitution or reparation out of any earningsgained by the defendant if he is granted work release privileges under theprovisions of G.S. 148‑33.1, or that restitution or reparation be imposedas a condition of parole in accordance with the provisions of G.S. 148‑57.1.The order or recommendation providing for restitution or reparation shall be inaccordance with the applicable provisions of G.S. 15A‑1343(d) and Article81C of this Chapter.
If the offense is one in whichthere is evidence of physical, mental or sexual abuse of a minor, the courtshould encourage the minor and the minor's parents or custodians to participatein rehabilitative treatment and the plea agreement may include a provision thatthe defendant will be ordered to pay for such treatment.
When restitution or reparationis recommended as part of a plea arrangement that results in an activesentence, the sentencing court shall enter as a part of the commitment thatrestitution or reparation is recommended as part of the plea arrangement. TheAdministrative Office of the Courts shall prepare and distribute forms whichprovide for ample space to make restitution or reparation recommendationsincident to commitments. (1973, c. 1286, s. 1; 1975, c. 117; c. 166, s. 27;1977, c. 614, ss. 3, 4; 1977, 2nd Sess., c. 1147, s. 1; 1979, c. 760, s. 3;1985, c. 474, s. 2; 1987, c. 598, s. 3; 1997‑80, s. 2; 1998‑212, s.19.4(e).)