§ 15A-1351. Sentence of imprisonment; incidents; special probation.
Article 83.
Imprisonment.
§ 15A‑1351. Sentence ofimprisonment; incidents; special probation.
(a) The judge maysentence to special probation a defendant convicted of a criminal offense otherthan impaired driving under G.S. 20‑138.1, if based on the defendant'sprior record or conviction level as found pursuant to Article 81B of thisChapter, an intermediate punishment is authorized for the class of offense ofwhich the defendant has been convicted. A defendant convicted of impaireddriving under G.S. 20‑138.1 may also be sentenced to special probation.Under a sentence of special probation, the court may suspend the term ofimprisonment and place the defendant on probation as provided in Article 82,Probation, and in addition require that the defendant submit to a period orperiods of imprisonment in the custody of the Department of Correction or adesignated local confinement or treatment facility at whatever time orintervals within the period of probation, consecutive or nonconsecutive, thecourt determines. In addition to any other conditions of probation which thecourt may impose, the court shall impose, when imposing a period or periods ofimprisonment as a condition of special probation, the condition that thedefendant obey the Rules and Regulations of the Department of Correctiongoverning conduct of inmates, and this condition shall apply to the defendantwhether or not the court imposes it as a part of the written order. Ifimprisonment is for continuous periods, the confinement may be in the custodyof either the Department of Correction or a local confinement facility.Noncontinuous periods of imprisonment under special probation may only beserved in a designated local confinement or treatment facility. Except forprobationary sentences of impaired driving under G.S. 20‑138.1, the totalof all periods of confinement imposed as an incident of special probation, butnot including an activated suspended sentence, may not exceed one‑fourththe maximum sentence of imprisonment imposed for the offense, and noconfinement other than an activated suspended sentence may be required beyondtwo years of conviction. For probationary sentences for impaired driving underG.S. 20‑138.1, the total of all periods of confinement imposed as anincident of special probation, but not including an activated suspendedsentence, shall not exceed one‑fourth the maximum penalty allowed by law.In imposing a sentence of special probation, the judge may credit any timespent committed or confined, as a result of the charge, to either the suspendedsentence or to the imprisonment required for special probation. The originalperiod of probation, including the period of imprisonment required for specialprobation, shall be as specified in G.S. 15A‑1343.2(d), but may notexceed a maximum of five years, except as provided by G.S. 15A‑1342(a).The court may revoke, modify, or terminate special probation as otherwiseprovided for probationary sentences.
(b) Sentencing of aperson convicted of a felony or of a misdemeanor other than impaired drivingunder G.S. 20‑138.1 that occurred on or after the effective date ofArticle 81B is subject to that Article. For persons convicted of impaireddriving under G.S. 20‑138.1, a sentence to imprisonment must impose amaximum term and may impose a minimum term. The impaired driving judgment maystate the minimum term or may state that a term constitutes both the minimumand maximum terms. If the impaired driving judgment states no minimum term, thedefendant becomes eligible for parole in accordance with G.S. 15A‑1371(a).
(c) Repealed by SessionLaws 1979, c. 749, s. 7.
(d), (e) Repealed bySession Laws 1993, c. 538, s. 19.
(f) Work Release. When sentencing a person convicted of a felony, the sentencing court mayrecommend that the sentenced offender be granted work release as authorized inG.S. 148‑33.1. When sentencing a person convicted of a misdemeanor, thesentencing court may recommend or, with the consent of the person sentenced,order that the sentenced offender be granted work release as authorized in G.S.148‑33.1.
(g) Credit. Credittowards a sentence to imprisonment is as provided in Article 19A of Chapter 15of the General Statutes.
(h) Repealed by SessionLaws 2003‑141, s. 2, effective December 1, 2003. (1977, c. 711, s. 1; 1977, 2ndSess., c. 1147, ss. 15‑17; 1979, c. 749, ss. 5‑7; c. 760, s. 4;1985 (Reg. Sess., 1986), c. 1014, s. 201(a); 1987, c. 738, s. 111(e); 1993, c.84, s. 2; c. 538, s. 19; 1994, Ex. Sess., c. 24, s. 14(b); 1993 (Reg. Sess.,1994), c. 767, ss. 7, 10; 1998‑212, s. 17.21(b); 2003‑141, s. 2;2003‑151, s. 2.)