State v. Stines, 200 N.C. App. 193 (Oct. 6, 2009)

Requiring enrollment in the SBM program deprives an offender of a significant liberty interest, triggering procedural due process protections. The State violated the defendant’s procedural due process rights by failing to give him sufficient notice in advance of the SBM hearing of the basis for the DOC’s preliminary determination that he met the criteria for enrollment in the SBM program. G.S. 14-208.40B requires the DOC to notify the offender, in advance of the SBM hearing, of the basis for its determination that the offender falls within one of the categories in G.S. 14-208.40(a), making the offender subject to enrollment in the SBM program.