32,154 31,971 SC prison projections, 6/30/01 Actual prison population, 6/30/01 34,129 (33,848) 32, , Projection prison population, and current population Expanded capacity as of 2003 Estimated annual growth per year in population

SOURCE: NC Sentencing and Policy Advisory Commission and NC Department of Correction Notes: Prison population and capacity figures were prepared in conjunction with the NC Department of Correction’s Research and Planning Office. Prison capacity figures reflect Expanded Operating Capacity.

45% 34% 11,000 Percent of admissions from probation revocations Probation revocation rate Number of probation revocations going to prison

Supervision Fee From $20 to $30 Community Service Fee From $100 to $200 Indigent Attorney Application Fee $50

The Immediate Future More people in prison Static number of prison beds More financial pressures on probationers Cuts in community correction budget, elimination and reductions in alternatives Sentencing laws unchanged

Probation How many people are on probation in NC? 2.How long can a defendant be on probation for one conviction? 3.List the intermediate punishments in decreasing order of restrictiveness. 4.List the intermediate punishments in decreasing order of use. 5.Has the budget situation affected your use of intermediate punishments in the last year? How?

Probation 101 How many people are on probation in NC? How long can a person be on probation for a single conviction? 113,000 Presumptive 30 to 36 months, maximum 60 months, super max 96 months

Probation 101 List the possible intermediate punishments starting with the most restrictive and ending with the least restrictive Special Probation IMPACTIMPACT Residential programs Intensive probation EHA DRC

Probation 101 List the intermediate punishments in the order in which they are imposed, beginning with the one most frequently imposed Intensive 66% Special Probation 36% EHA 7% DRC 7% IMPACT 5% Residential 2%

Recent Probation Cases State v. Hearst, 356 N.C. 132, 567 S.E.2d 124 (2002). Time spent in IMPACT is time for which probationer entitled to credit if sentence activated; distinguished from house arrest, for which no credit is allowed. In Re MEB, N.C.App., 2002 WL Oct. 1, 2002). Juvenile probation condition requiring 14 year old to wear 12” x 12” sign “I AM A JUVENILE CRIMINAL” violation of juvenile sentencing structure, not authorized by juvenile code and violation of state’s interest in privacy of juvenile offenders

Recent Probation Cases State v. Evans, 2002 WL , N.C. App. (1 Oct. 2002) Defendant was revoked for not paying restitution and for driving while license revoked; he waived right to counsel, after being told that the court would be happy to appoint one for him. On appeal he asserted that the court failed to comply with GS 15A Court of Appeals held that strict compliance with that statute is necessary before allowing defendant to proceed pro se. Reversed

State v. Seek, NC App., 566 S.E. 2d, 750 (Aug. 6, 2002) Sex offender defendant originally allowed to reside with his own child while on probation for indecent liberties. Probation transferred to another county, and that county refused to supervise him with that condition. The probation staff in the sending county obtained ex parte modification striking the authority to live with his child. A probation officer told the defendant of the modification. His probation was revoked for having his child in his residence on two occasions. He appealed citing the lack of written notice of the modification. Held: Reversed for lack of written notice, per statute Recent Probation Cases