G.S. 90-96 Probation

I wrote previously (here) about the post–Justice Reinvestment rules for determining whether a defendant is eligible for a conditional discharge under G.S. 90-96. Those rules are complicated, but my sense is that districts around the state are getting the hang of how to manage the new, mandatory G.S. 90-96. But even after you’ve run the eligibility gauntlet, questions remain about what G.S. 90-96 probation is supposed to look like. This post addresses some of the questions I have been asked about G.S. 90-96 probation, including the conditions of the probation, permissible responses to violations, and, ultimately, revocation. At the outset, a general rule of thumb is that probation under G.S. 90-96 is subject to the same rules as any probation case unless there is some statutory provision to the contrary. State v. Burns, 171 N.C. App. 759 (2005) (“In the absence of a provision to the contrary, and except where specifically excluded, the general probation provisions found in Article 82 of Chapter 15A apply to probation imposed under [G.S.] 90-96.”). In Burns, for example, the court of appeals held that the jurisdictional rules for violation hearings held after a period of probation has expired apply in G.S. 90-96 cases just as they do in regular probation cases. So, when in doubt, apply the regular rules. There are, however, a few provisions in G.S. 90-96 that depart from the regular probation rules. And those departures are not consistent between G.S. 90-96 subsection (a) and subsection (a1). Probation under G.S. 90-96(a)—the now-mandatory conditional [...]