GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-411
SENATE BILL 513
AN ACT to authorize service by mail of notices of hearings on violations of unsupervised probation, clarifying procedures for community service staff notifying persons of willful violations, and to clarify the court's authority when a notice of violation of unsupervised probation is served by mail.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15A-1344 is amended by adding a new subsection to read:
"(b1) Service of Notice of Hearing on Violation of Unsupervised Probation. -
(1) Notice of a hearing in response to a violation of unsupervised probation shall be given either by personal delivery to the person to be notified or by depositing the notice in the United States mail in an envelope with postage prepaid, addressed to the person at the last known address available to the preparer of the notice and reasonably believed to provide actual notice to the offender. The notice shall be mailed at least 10 days prior to any hearing and shall state the nature of the violation.
(2) If notice is given by depositing the notice in the United States mail, pursuant to subdivision (1) of this subsection, and the defendant does not appear at the hearing, the court may do either of the following:
a. Terminate the probation and enter appropriate orders for the enforcement of any outstanding monetary obligations as otherwise provided by law.
b. Provide for other notice to the person as authorized by this Chapter for further proceedings and action authorized by Article 82 of Chapter 15A of the General Statutes for a violation of a condition of probation.
If the person is present at the hearing, the court may take any further action authorized by Article 82 of Chapter 15A of the General Statutes for a violation of a condition of probation."
SECTION 2. G.S. 143B-262.4(f) reads as rewritten:
"(f) The community
service staff shall report to the court in which the community service was
ordered, a significant violation of the terms of the probation, or deferred
prosecution, related to community service. The community service staff shall
give notice of the hearing to determine if there is a willful failure to comply
to the person who was ordered to perform the community service. This notice
shall be given by either personal delivery to the person to be notified or by
depositing the notice in the United States mail in an envelope with postage
prepaid, addressed to the person at the last known address available to the
preparer of the notice and reasonably believed to provide actual notice to the
person. address shown on the records of the community service staff. The
notice shall be mailed at least 10 days prior to any hearing and shall state
the basis of the alleged willful failure to comply. The court shall then
conduct a hearing, even if the person ordered to perform the community service
fails to appear, to determine if there is a willful failure to complete the
work as ordered by the community service staff within the applicable time
limits. If the court determines there is a willful failure to comply, it shall
revoke any drivers [driver's] license issued to the person and notify the
Division of Motor Vehicles to revoke any drivers [driver's] license issued to
the person until the community service requirement has been met. In addition,
if the person is present, the court may take any further action authorized by Article
82 of Chapter 15A of the General Statutes for violation of a condition of
probation."
SECTION 3. This act becomes effective December 1, 2009.
In the General Assembly read three times and ratified this the 28th day of July, 2009.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 2:15 p.m. this 5th day of August, 2009