File No. Co. Of Hearing STATE OF NORTH CAROLINA County NOTE: In The General Court Of Justice Superior Court Division District Seat of Court (This form is not to be used for structured sentencing offenses.) STATE VERSUS ORDER ON VIOLATION OF PROBATION OR ON MOTION TO MODIFY Name Of Defendant Attorney For State Def. Found Not Indigent Def. Waived Attorney AND COMMITMENT ON SPECIAL PROBATION Attorney For Defendant Appointed Retained G.S. 15A-1344, 15A-1345 The defendant was placed on probation pursuant to the following Judgment Suspending Sentence: Date Of Judgment Suspending Sentence Superior Court Name Of County And File No. (County Of Originial Conviction) District Court This matter is before the Court upon: (check one option) does not find 1. review under G.S. 15A-1342(b) or (d). After reasonable notice to the defendant, the Court that finds termination of probation is warranted by the defendant's conduct and the ends of justice. 2. a motion to modify the conditions of the defendant's probation for good cause without charge of violation. After notice finds does not find that good cause and hearing, or upon the consent of the State and the defendant, the Court has been shown to modify the original Judgment Suspending Sentence. 3. charge(s) of violation. After considering the record contained in the files numbered above, together with the evidence presented by the parties and the statements made on behalf of the State and the defendant, the Court finds that the defendant is charged with having violated specified conditions of the defendant's probation as alleged in the Violation Report or Notice of Hearing which is incorporated by reference. Upon due notice or waiver of notice, a hearing was held before the Court and: 1. the defendant admitted or the Court is reasonably satisfied in the exercise of its discretion that the defendant has violated each of the conditions of probation set forth in . in the Violation Report or Notice of Hearing dated a. paragraphs b. the attached sheet. The defendant violated each condition willfully and without valid excuse; and each violation occurred at a time prior to the expiration or termination of the period of the defendant's probation. 2. by the evidence presented, the Court is not reasonably satisfied that the defendant has violated any of the conditions of the defendant's probation except those found above, if any. ORDER It is ORDERED that: 1. the original Judgment is modified as set forth below and, except as specifically so modified, shall remain in full force and effect. 2. the original Judgment is not modified, but remains in full force and effect. 3. the defendant's limited driving privilege is REVOKED; the defendant shall surrender all copies of that privilege to the Clerk of Superior Court for transmittal/notification to the Division of Motor Vehicles. 4. the defendant's probation is terminated. 5. all charges of probation violation in this case, which are not specifically found above, are dismissed. 6. the disposition of this matter is continued until . SPECIAL PROBATION/ACTIVE SENTENCE As a condition of special probation, the defendant shall the serve an active term of days months in the custody of submit to IMPACT imprisonment per attached AOC-CR-302, Page Two. Sheriff of this County. work release recommended. (NOTE: This term shall NOT be reduced by jail or treatment time, good time, gain time or parole.) N.C. DOC. The defendant shall report Day in a sober condition to begin serving this term on: Date Hour AM PM and shall Day remain in custody until: pay jail fees. Hour Date AM PM The defendant shall again report in a sober condition to continue serving this term on the same day of the week for the consecutive weeks, and shall remain in custody during the same hours each week. next MODIFIED MONETARY CONDITIONS The "Monetary Conditions" in the Judgment Suspending Sentence are modified to read as follows: Pay to Clerk of Superior Court $ on or before pursuant to a schedule the "Modified Amount Due" shown below, plus the monthly probation supervision fee set by law determined by the probation officer per at the rate of $ , beginning on and continuing on the same day of each thereafter until paid in full. Other: Balance On Original Obligation* Arrearage On Probation Fee Attorney Fee This Proceeding Modified Amount Due $ $ $ . $ *Equals "Total Amount Due" as shown on original Judgment, less all payments made to date, and adjusted to reflect any modifications on SideTwo of this Judgment. AOC-CR-316, Rev. 9/02 2002 Administrative Office of the Courts Material opposite unmarked squares is to be disregarded as surplusage. (Over) American LegalNet, Inc. www.FormsWorkflow.com OTHER MODIFICATIONS OF PROBATION 1. The defendant's term of probation is extended for a period of to , from 2. The defendant's assignment to the Intensive Probation Supervision Program is terminated and the defendant is continued on supervised probation. 3. The defendant is transferred to unsupervised supervised probation. to comply with the following condition(s) 4. The defendant is allowed until . 5. The special conditions of probation identified below, as numbered and set out in the Judgment Suspending Sentence, are reaonably modified as follows: (state number of each condition to be modified and set out modification.) 6. The defendant shall also comply with the following additional special conditions of probation which the Court finds are reasonably related to the defendant's rehabilitation: complete hours of community service during the first days of probation, as directed by the community service coordinator, and pay the fee prescribed by G.S. 143B-475.1(b). Other: (set out conditions) 7. Comply with the Additional Conditions of Probation which are set forth on AOC-CR-302, Page Two, attached. CONTEMPT NOTE: This Contempt section applies to a defendant sentenced on or after May 1, 1994. [G.S. 5A-11(a)(9a) and 15A-1344.] Upon due notice or waiver of notice, a hearing was held before the Court and the defendant is found guilty of contempt beyond a reasonable doubt. It is ORDERED that the defendant for willful contempt: a. be imprisoned for b. pay a fine of $ c. Other: days in the custody of the sheriff. . AWARD OF FEE TO COUNSEL FOR DEFENDANT A hearing was held in open court in the presence of the defendant at which time a fee, including expenses, was awarded the defendant's appointed counsel or assigned public defender in this proceeding. ORDER OF COMMITMENT/APPEAL ENTRIES 1. It is ORDERED that the Clerk deliver two certified copies of this Order and Commitment to the sheriff or other qualified officer and that the officer cause the defendant to be delivered with these copies to the custody of the agency named on the reverse to serve the sentence imposed or until the defendant shall have complied with the conditions of release pending appeal. 2. The defendant gives notice of appeal from the judgment of the District Court to the Superior Court. The current pretrial release order is modified as follows: 3. The defendant gives notice of appeal from the judgment of the Superior Court to the Appellate Division. Appeal entries and any conditions of post conviction release are set forth on form AOC-CR-350. SIGNATURE OF JUDGE Date Name Of Presiding Judge (Type Or Print) Signature Of Presiding Judge CERTIFICATION I certify that this Order and the attachment(s) marked below is a true and complete copy of the original which is on file in this case. 1. Appellate Entries (AOC-CR-350) 2. Additional Conditions Of Probation (AOC-CR-302, Page Two) 3. Judgment Suspending Sentence (Check only if a term of imprisonment is imposed as a new condition of special probation.) Date Of Certification Date Certified Copies Delivered To Sheriff Signature And Seal Deputy CSC Assistant CSC Clerk Of Superior Court (NOTE: Defendant signs the following statement in all cases of supervised probation except where probation is terminated or is not modified.) I have received a copy of this Order which contains modifications of my probation and I agree to them. I understand that no person who supervises me or for whom I work while performing community or reparation service is liable to me for any loss or damage which I may sustain unless my injury is caused by that person's gross negligence or intentional wrongdoing. I understand that my probation may be extended pursuant to G.S. 15A-1342(a). Date Signed Signature Of Defendant Witnessed By NOTE: Send a Certified Copy to the Clerk of Superior Court of the County of Original Conviction, if Different. AOC-CR-316, Side Two, Rev. 9/02 2002 Administrative Office of the Courts Material opposite unmarked squares is to be disregarded as surplusage. American LegalNet, Inc. www.FormsWorkflow.com File No. STATE VERSUS Name Of Defendant ADDITIONAL CONDITIONS OF PROBATION - G.S. 15A-1343(b1) NOTE: Use this page in conjunction with AOC-CR-302, "Judgment Suspending Sentence"; AOC-CR-310, "Impaired Driving Judgment Suspending Sentence"; or AOC-CR-316, "Order On Charge Of Violation Of Probation Or On Motion To Modify". In addition to complying with the regular and any special conditions of probation set forth in the "Judgment Suspending Sentence" entered in the above case(s), the defendant shall also comply with the following special conditions of probation and conditions of special probation, which the Court finds are reasonably related to the defendant's rehabilitation. Be assigned to the INTENSIVE PROBATION SUPERVISION PROGRAM for a period of not less than six months, obey all rules, regulations and directions of the program until discharged, and 1. Submit at reasonable times to warrantless searches by a probation officer of the defendant's person, and of the defendant's vehicle and premises while the defendant is present, for the following purposes which are reasonably related to the defendant's probation supervision: stolen goods controlled substances contraband . 2. Not use, possess or control any illegal drug or controlled substance unless it has been prescribed for the defendant by a licensed physician and is in the original container with the prescription number affixed on it; not knowingly associate with any known or previously convicted users, possessors or sellers of any illegal drugs or controlled substances; and not knowingly be present at or frequent any place where illegal drugs or controlled substances are sold, kept or used. 3. Supply a breath, urine and/or blood specimen for analysis of the possible presence of a prohibited drug or alcohol, when instructed by the defendant's probation officer. 4. Complete not less than hours or more than hours of community or reparation service, as determined by the the defendant's probation officer, and under the direction of the community service coordinator and pay the fee prescribed by G.S. 143B-475.1( b) within days of this Judgment and before beginning service. 5. Participate in any evaluation, counseling, treatment or education program as directed by the defendant's probation officer, faithfully keep all scheduled appointments, and abide by all rules, regulations and directions of each program. 6. Not be away from the defendant's place of residence between the hours of p.m. and a.m. unless authorized in writing by the defendant's probation officer. 7. Not leave the defendant's county of residence without prior approval of the defendant's probation officer. 8. Other: Submit as directed by the defendant's probation officer to a medical evaluation by a physician approved by the officer and, if certified to be medically fit for participation in the Intensive Motivation Program of Alternative Correctional Treatment (IMPACT), further submit, as ordered by the officer, on the date and at the place specified, to imprisonment in a facility for youthful offenders for a period of 90 days from that date, and abide by all rules and regulations as provided in conjunction with the IMPACT program, provided: a. at the end of this 90 day period, the defendant shall continue to submit to imprisonment for an additional period of 30 days if required to do so as provided in those rules and regulations, and b. If, within days from the date of this Judgment, the defendant is not certified to be medically fit for program participation or for any other reason is not ordered to submit to imprisonment as provided above then the defendant shall reappear before the Court as directed by the probation officer for a hearing to determine what modifications, if any, should be made to this Judgment. Other: (Use this option when placing defendant under house arrest as a special condition of supervised probation in any case, or as a condition of supervised special probation upon conviction of DWI under G.S. 20-138.1 and imposition of Level One or Level Two imprisonment. In DWI cases, check the block at the end of this option, see G.S. 20-179(g) and (h), and designate days of imprisonment and house arrest accordingly.) Be assigned to the Electronic House Arrest Program for a period of regulations and directions of the program until discharged days in the custody of the sheriff of this county. Other Conditions: Date Name Of Presiding Judge (Type Or Print) AOC-CR-302, Page Two, Rev. 7/2000 2000 Administrative Office of the Courts days, submit to electronic monitoring and abide by all rules, and before being assigned, serve a term of imprisonment of Signature Of Presiding Judge Material opposite unmarked squares to be disregarded as surplusage. American LegalNet, Inc. www.FormsWorkflow.com