After the JRA, what is the difference between a community punishment and an intermediate punishment?

The new definitions of community punishment and intermediate punishment give the court more flexibility to shape a defendant’s supervision. For example, never is the court required under the new law to impose any particular conditions to make a sentence intermediate, and fewer conditions are off limits at the outset in community cases.

That flexibility could, however, raise issues in the interpretation of judgments. Only sentences that initially include special probation or assignment to a drug treatment court will be unambiguously intermediate. Given the possible ambiguity, judges and clerks should be sure to check the box in the upper right-hand corner of the suspended sentence judgment forms indicating whether the sentence is a community or intermediate punishment.

There are several reasons why the distinction matters. First, whether a sentence is a community punishment or an intermediate punishment dictates how long the period of probation can be (without findings that a longer or shorter period is required) under G.S. 15A-1343.2(d).

Second, under G.S. 15A-1343(b4), four additional conditions of probation apply to any defendant subject to intermediate punishment (perform community service if required; not use, possess, or control alcohol; remain within the county; and participate in any evaluation, counseling, treatment, or educational program as directed by the probation officer).

Third, whether the sentence is community or intermediate punishment bears on what conditions a probation officer can add through delegated authority under G.S. 15A-1343.2.