Ad Hoc Conditions of Probation

Under G.S. 15A-1343(b1)(10), a court may, in addition to the regular conditions of probation and any statutory special conditions, require a defendant to “[s]atisfy any other conditions determined by the court to be reasonably related to his rehabilitation.” Any ad hoc conditions must also bear a relationship to the defendant’s crime. State v. Cooper, 304 N.C. 180 (1981). Our appellate courts have interpreted the catch-all provision broadly, giving trial judges “substantial discretion” in tailoring a judgment to fit a particular offender and offense. State v. Johnston, 123 N.C. App. 292 (1996). State v. Cooper is a leading case. In it, the defendant was convicted of fourteen counts of possession of stolen credit cards. He was placed on probation with a condition that he “not operate a motor vehicle on the streets or highways of North Carolina from 12:01 a.m. until 5:30 a.m. during the period of probation.” 304 N.C. at 181–82. He challenged the condition, arguing that it bore no relationship to his offense and was not reasonably related to his rehabilitation. The supreme court disagreed, essentially relying on the maxim that nothing good happens after midnight: a restriction on motor vehicle use minimized the defendant’s “opportunity for contact with persons engaged in criminal activities”—even if his crime didn’t happen at night, and even if it had nothing to do with driving (although the defendant failed to show either of those things). Id. Other ad hoc conditions upheld over the years include: A condition prohibiting the probationer from working as a [...]