The Other Special Probation

Special probation is just the statutory term for a split sentence, right? Right. Usually. Did you know there’s another “special probation” tucked away in Chapter 90? In general, when people talk about special probation they are talking about probationary confinement—what everyone usually refers to as a split sentence. Almost every reference to special probation in the General Statutes describes a split. There are minor variations. There’s special probation ordered at sentencing under G.S. 15A-1351(a). And special probation ordered in response to a violation of probation under G.S. 15A-1344(e). And special probation to satisfy the mandatory minimum term of imprisonment for a particular level of DWI as described in G.S. 20-179. But those provisions are all talking about incarceration ordered as a condition of probation. Once in a blue moon, however, somebody asks me about the “special probation” described in G.S. 90-95(f). That provision, part of the Controlled Substances Act, mentions a sentencing option called special probation that is clearly something other than a garden variety split. It’s been on the books in one form or another since 1971 (enacted initially by Session Law 1971-919), which means it actually predates the typical special probation described in G.S. 15A-1351(a). So maybe I should call it the original special probation, not the other special probation. Either way, recognizing the possibility for confusion, my predecessor here at the School of Government, Stevens Clarke, referred to it in his writing as “post-prison probation for drug offenses.” And that’s a pretty good description of what it is. Under [...]