State v. King, 204 N.C. App. 198 (May. 18, 2010)

Remanding for a determination of whether the defendant required the highest level of supervision and monitoring. Although the DOC’s risk assessment indicated that the defendant was a moderate risk, there was evidence that he had violated six conditions of probation, including failure to be at home for two home visits, failure to pay his monetary obligation, failure to obtain approval before moving, failure to report his new address and update the sex offender registry, failure to enroll in and attend sex offender treatment, and failure to inform his supervising officer of his whereabouts, leading to the conclusion that he had absconded supervision. Noting that in Morrow (discussed above), the probation revocation hearing and the SBM hearing were held on the same day and before the same judge and in this case they were held at different times, the court found that distinction irrelevant. It stated: “The trial court can consider the number and frequency of defendant’s probation violations as well as the nature of the conditions violated in making its determination. In particular, defendant’s violations of failing to report his residence address and to update the sex offender registry as well as his failure to enroll in and attend sex offender treatment could support a finding that defendant poses a higher level of risk and is thus in need of SBM.”