Intermediate Probation Conditions

I have been asked a few times lately which conditions of probation are “intermediate” conditions of probation. It turns out to be a little bit complicated. Intermediate conditions. In 2009, effective for offenses committed on or after December 1, 2009, the General Assembly added four conditions of probation that were styled as “Intermediate Conditions.” S.L. 2009-372. Those conditions, set out in G.S. 15A-1343(b4), are: If required in the discretion of the defendant's probation officer, perform community service under the supervision of the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice and pay the fee required by G.S. 143B-708. Not use, possess, or control alcohol. Remain within the county of residence unless granted written permission to leave by the court or the defendant's probation officer. Participate in any evaluation, counseling, treatment, or educational program as directed by the probation officer, keeping all appointments and abiding by the rules, regulations, and direction of each program. The conditions appear at the bottom of Page Two of a probationary judgment form. The intermediate conditions apply to “each defendant subject to intermediate punishment,” unless the judge specifically exempts the defendant from one or more of them. The statute says that the judge need not state each of the conditions in open court, but the defendant must receive them in writing. In that regard the intermediate conditions are like four extra “regular” conditions of probation that apply to defendants who are subject to intermediate punishment—seemingly whether that punishment was imposed at sentencing or [...]