North Carolina General Statutes
Article 16 - Department of Adult Correction. [Effective January 1, 2023].
§ 143B-1483 - Community service program[Effective January 1, 2023 see notes]

143B-1483. Community service program. [Effective January 1, 2023 - see notes]
(a) The Department of Adult Correction may conduct a community service program. The program shall provide oversight of offenders placed under the supervision of the Division of Community Supervision and Reentry and ordered to perform community service hours for criminal violations, including driving while impaired violations under G.S. 20-138.1. This program shall assign offenders, either on supervised or on unsupervised probation, to perform service to the local community in an effort to promote the offender s rehabilitation and to provide services that help restore or improve the community. The program shall provide appropriate work site placement for offenders ordered to perform community service hours. The Division may adopt rules to conduct the program. Each offender shall be required to comply with the rules adopted for the program.
(b) The Secretary of the Department of Adult Correction may assign one or more employees to each district court district as defined in G.S. 7A-133 to assure and report to the Court the offender s compliance with the requirements of the program. Each county shall provide office space in the courthouse or other convenient place, for the use of the employees assigned to that county.
(c) A fee of two hundred fifty dollars ($250.00) shall be paid by all persons who participate in the program or receive services from the program staff. Only one fee may be assessed for each sentencing transaction, even if the person is assigned to the program on more than one occasion, or while on deferred prosecution, under a conditional discharge, or serving a sentence for the offense. A sentencing transaction shall include all offenses considered and adjudicated during the same term of court. Fees collected pursuant to this subsection shall be deposited in the General Fund. If the person is convicted in a court in this State, the fee shall be paid to the clerk of court in the county in which the person is convicted, regardless of whether the person is participating in the program as a condition of parole, of probation imposed by the court, or pursuant to the exercise of authority delegated to the probation officer pursuant to G.S. 15A-1343.2(e) or (f). If the person is participating in the program as a result of a conditional discharge or a deferred prosecution or similar program, the fee shall be paid to the clerk of court in the county in which the agreement is filed. Persons participating in the program for any other reason shall pay the fee to the clerk of court in the county in which the services are provided by the program staff. The fee shall be paid in full before the person may participate in the community service program, except that:
(1) A person convicted in a court in this State may be given an extension of time or allowed to begin the community service before the person pays the fee by the court in which the person is convicted; or
(2) A person performing community service pursuant to a conditional discharge, deferred prosecution or similar agreement may be given an extension of time or allowed to begin community service before the fee is paid by the official or agency representing the State in the agreement.
(3) A person performing community service as a condition of parole may be given an extension of time to pay the fee by the Post-Release Supervision and Parole Commission. No person shall be required to pay the fee before beginning the community service unless the Commission orders the person to do so in writing.
(4) A person performing community service as ordered by a probation officer pursuant to authority delegated by G.S. 15A-1343.2 may be given an extension of time to pay the fee by the probation officer exercising the delegated authority.
(d) A person is not liable for damages for any injury or loss sustained by an individual performing community or reparation service under this section unless the injury is caused by the person s gross negligence or intentional wrongdoing. As used in this subsection, person includes any governmental unit or agency, nonprofit corporation, or other nonprofit agency that is supervising the individual, or for whom the individual is performing community service work, as well as any person employed by the agency or corporation while acting in the scope and course of the person s employment. This subsection does not affect the immunity from civil liability in tort available to local governmental units or agencies. Notice of the provisions of this subsection shall be furnished to the individual at the time of assignment of community service work by the judicial service coordinator.
(e) The community service staff shall report to the court in which the community service was ordered, a significant violation of the terms of the probation, deferred prosecution, or conditional discharge related to community service, including a willful failure to pay any moneys due the State under any court order or payment schedule adopted by the Division of Community Supervision and Reentry. The community service staff shall give notice of the hearing to determine if there is a willful failure to comply to the person who was ordered to perform the community service. This notice shall be given by either personal delivery to the person to be notified or by depositing the notice in the United States mail in an envelope with postage prepaid, addressed to the person at the last known address available to the preparer of the notice and reasonably believed to provide actual notice to the person. The notice shall be mailed at least 10 days prior to any hearing and shall state the basis of the alleged willful failure to comply. The court shall then conduct a hearing, even if the person ordered to perform the community service fails to appear, to determine if there is a willful failure to complete the work as ordered by the community service staff within the applicable time limits. The hearing may be held in the county in which the order requiring the performance of community service was imposed, the county in which the violation occurred, or the county of residence of the person. If the court determines there is a willful failure to comply, it shall revoke any drivers license issued to the person and notify the Division of Motor Vehicles to revoke any drivers license issued to the person until the community service requirement has been met. In addition, if the person is present, the court may take any further action authorized by Article 82 of Chapter 15A of the General Statutes for violation of a condition of probation. (1983 (Reg. Sess., 1984), c. 1034, s. 102; 1985, c. 451; 1985 (Reg. Sess., 1986), c. 1012, s. 4; 1987 (Reg. Sess., 1988), c. 1037, s. 118; 1989, c. 752, s. 109; 1995, c. 330, s. 2; c. 507, s. 20(a); 1997-234, s. 2; 1998-217, s. 34; 2001-487, ss. 91(a), (b); 2002-126, s. 29A.1(c); 2009-372, s. 17; 2009-411, s. 2; 2009-451, s. 19.26(c), (e); 2009-575, s. 16A; 2010-31, s. 19.4(a); 2010-96, s. 28(c); 2010-123, s. 6.3; 2011-145, s. 19.1(h), (i), (k), (s); 2014-119, s. 2(g); 2017-186, s. 1(k); recodified from N.C. Gen. Stat. 143B-708 by 2021-180, s. 19C.9(j), (m).)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 143B - Executive Organization Act of 1973

Article 16 - Department of Adult Correction. [Effective January 1, 2023].

§ 143B-1440 - Organization[Effective January 1, 2023]

§ 143B-1442 - Powers and duties of the Secretary[Effective January 1, 2023]

§ 143B-1444 - Definitions[Effective January 1, 2023]

§ 143B-1450 - Creation of Division of Prisons; powers[Effective January 1, 2023 see notes]

§ 143B-1451 - Division of Prisons duties[Effective January 1, 2023 see notes]

§ 143B-1452 - Division of Prisons rules and regulations[Effective January 1, 2023 see notes]

§ 143B-1453 - Repair or replacement of personal property[Effective January 1, 2023 see notes]

§ 143B-1454 - Division of Prisons functions with respect to adults[Effective January 1, 2023 see notes]

§ 143B-1455 - Division of Prisons Alcoholism and Chemical Dependency Treatment Program[Effective January 1, 2023 see notes]

§ 143B-1456 - Reports to the General Assembly[Effective January 1, 2023 see notes]

§ 143B-1457 - Annual report on safekeepers[Effective January 1, 2023 see notes]

§ 143B-1458 - Security Staffing[Effective January 1, 2023 see notes]

§ 143B-1465 - Creation of Division of Health Services; powers[Effective January 1, 2023]

§ 143B-1470 - Medical costs for inmates[Effective January 1, 2023 see notes]

§ 143B-1471 - Medicaid services for inmates[Effective January 1, 2023 see notes]

§ 143B-1472 - Medication losses related to inmate transfer[Effective January 1, 2023 see notes]

§ 143B-1473 - Contract for limited use of local purchase of inmate pharmacy needs[Effective January 1, 2023 see notes]

§ 143B-1474 - Federal 340B Program Department of Adult Correction/Department of Health and Human Services partnership[Effective January 1, 2023 see notes]

§ 143B-1475 - Federal 340B Program Department of Adult Correction/University of North Carolina Health Care System partnership[Effective January 1, 2023 see notes]

§ 143B-1476 - Reports related to the federal 340B Program[Effective January 1, 2023 see notes]

§ 143B-1480 - Creation of Division of Community Supervision and Reentry; powers[Effective January 1, 2023]

§ 143B-1481 - Report on probation and parole caseloads[Effective January 1, 2023 see notes]

§ 143B-1482 - Mutual agreement parole program report; medical release program report[Effective January 1, 2023 see notes]

§ 143B-1483 - Community service program[Effective January 1, 2023 see notes]

§ 143B-1484 - State Reentry Council Collaborative[Effective January 1, 2023 see notes]

§ 143B-1490 - Post-Release Supervision and Parole Commission creation, powers and duties[Effective January 1, 2023 see notes]

§ 143B-1491 - Post-Release Supervision and Parole Commission members; selection; removal; chair; compensation; quorum; services[Effective January 1, 2023 see notes]

§ 143B-1492 - Parole eligibility reports[Effective January 1, 2023 see notes]

§ 143B-1495 - Short title[Effective January 1, 2023 see notes]

§ 143B-1496 - Legislative policy[Effective January 1, 2023 see notes]

§ 143B-1497 - Definitions[Effective January 1, 2023 see notes]

§ 143B-1498 - Goals of community-based corrections programs funded under this Subpart[Effective January 1, 2023 see notes]

§ 143B-1499 - Eligible population[Effective January 1, 2023 see notes]

§ 143B-1500 - Duties of Division of Community Supervision and Reentry[Effective January 1, 2023 see notes]

§ 143B-1501 - Contract for services[Effective January 1, 2023 see notes]

§ 143B-1502 - Program types eligible for funding; community-based corrections programs[Effective January 1, 2023 see notes]

§ 143B-1503 - Justice Reinvestment Council[Effective January 1, 2023 see notes]