90-Day DART-Cherry

The Department of Correction runs substance abuse treatment programs for probationers and certain parolees: DART-Cherry in Goldsboro for men, and, as of last year, Black Mountain Substance Abuse Treatment Center for women (about which you can read more here). DOC is making changes at DART-Cherry. Previously, there were two program tracks there: a 28-day cognitive-based program and a 90-day therapeutic community program. According to a November memo from the Secretary of Correction, as of January 1, 2011, DOC is discontinuing the 28-day program and devoting all 300 beds at DART-Cherry to the 90-day program. The memo explains the reasons for the change; in short, evidence shows the longer program works better. Probably in response to the planned changes, I’ve been asked several times recently whether a probationer must have a suspended sentence of at least 90 days to be ordered to attend a 90-day treatment program. It’s a really good question. Unfortunately, I don’t think it has a clear answer. DART-Cherry is a residential program under G.S. 15A-1340.11(8) and -1343(b1)(2). Unlike special probation (for which G.S. 15A-1351 caps the active portion of a split sentence at one-fourth the maximum sentence imposed or, for impaired drivers, one-fourth the maximum penalty allowed by law) there is no explicit statutory requirement for a person to have a suspended sentence of a particular length before being ordered to participate in a residential program. A defendant need not, for example, have an 8-year suspended sentence to participate in the 2-year residential program at Triangle Residential Options [...]