Can a Court Put a No-Contact Order on Co-Defendants on Probation?
Full Question:
Answer:
It is possible for the court to order that co-defendants have no contact. The conditions of probation must be reasonably related to the rehabilitation of the defendant or the safety of the community, for example: supervision by probation authorities, medical or psychiatric treatment, substance abuse treatment, random drug/alcohol testing, abstinence from alcohol, community service, driver’s education, and no contact with the victim or other co-defendants. A violation of probation can lead to revocation of probation and the imposition of a jail or prison sentence. I suggest you consult a local attorney who can review all the facts and documents involved.
Please see the following NC statute:
§ 15A-1343. Conditions of probation.
**Update notice: This section has been amended by
S.L. 2009-295
**Update notice: This section has been amended by
S.L. 2009-547
(a) In General. — The court may impose conditions of probation
reasonably necessary to insure that the defendant will lead a law-abiding
life or to assist him to do so.
(b) Regular Conditions. — As regular conditions of probation, a
defendant must:
(1) Commit no criminal offense in any jurisdiction.
(2) Remain within the jurisdiction of the court unless granted written
permission to leave by the court or his probation officer.
(3) Report as directed by the court or his probation officer to the
officer at reasonable times and places and in a reasonable manner, permit
the officer to visit him at reasonable times, answer all reasonable
inquiries by the officer and obtain prior approval from the officer for,
and notify the officer of, any change in address or employment.
(4) Satisfy child support and other family obligations as required by
the court. If the court requires the payment of child support, the amount
of the payments shall be determined as provided in G.S. 50-13.4(c).
(5) Possess no firearm, explosive device or other deadly weapon listed
in G.S. 14-269 without the written permission of the court.
(6) Pay a supervision fee as specified in subsection (c1).
(7) Remain gainfully and suitably employed or faithfully pursue a
course of study or of vocational training that will equip him for
suitable employment. A defendant pursuing a course of study or of
vocational training shall abide by all of the rules of the institution
providing the education or training, and the probation officer shall
forward a copy of the probation judgment to that institution and request
to be notified of any violations of institutional rules by the
defendant.
(8) Notify the probation officer if he fails to obtain or retain
satisfactory employment.
(9) Pay the costs of court, any fine ordered by the court, and make
restitution or reparation as provided in subsection (d).
(10) Pay the State of North Carolina for the costs of appointed
counsel, public defender, or appellate defender to represent him in the
case(s) for which he was placed on probation.
(11) At a time to be designated by his probation officer, visit with
his probation officer a facility maintained by the Division of Prisons.
(12) Attend and complete an abuser treatment program if (i) the court
finds the defendant is responsible for acts of domestic violence and (ii)
there is a program, approved by the Domestic Violence Commission,
reasonably available to the defendant, unless the court finds that such
would not be in the best interests of justice.
A defendant shall not pay costs associated with a substance abuse
monitoring program or any other special condition of probation in lieu
of, or prior to, the payments required by this subsection.
In addition to these regular conditions of probation, a defendant
required to serve an active term of imprisonment as a condition of
special probation pursuant to G.S. 15A-1344(e) or G.S. 15A-1351(a) shall,
as additional regular conditions of probation, obey the rules and
regulations of the Department of Correction governing the conduct of
inmates while imprisoned and report to a probation officer in the State
of North Carolina within 72 hours of his discharge from the active term
of imprisonment.
Regular conditions of probation apply to each defendant placed on
supervised probation unless the presiding judge specifically exempts the
defendant from one or more of the conditions in open court and in the
judgment of the court. It is not necessary for the presiding judge to
state each regular condition of probation in open court, but the
conditions must be set forth in the judgment of the court.
Defendants placed on unsupervised probation are subject to the
provisions of this subsection, except that defendants placed on
unsupervised probation are not subject to the regular conditions
contained in subdivisions (2), (3), (6), (8), and (11).
(b1) Special Conditions. — In addition to the regular conditions of
probation specified in subsection (b), the court may, as a condition of
probation, require that during the probation the defendant comply with one
or more of the following special conditions:
(1) Undergo available medical or psychiatric treatment and remain in a
specified institution if required for that purpose.
(2) Attend or reside in a facility providing rehabilitation,
counseling, treatment, social skills, or employment training,
instruction, recreation, or residence for persons on probation.
(2a) Repealed by Session Laws 2002, ch. 126, s. 17.18, effective August
15, 2002.
(2b) Participate in and successfully complete a Drug Treatment Court
Program pursuant to Article 62 of Chapter 7A of the General Statutes.
(3) Submit to imprisonment required for special probation under G.S.
15A-1351(a) or G.S. 15A-1344(e).
(3a) Repealed by Session Laws 1997-57, s. 3.
(3b) Submit to supervision by officers assigned to the Intensive
Supervision Program established pursuant to G.S. 143B-262(c), and abide
by the rules adopted for that Program. Unless otherwise ordered by the
court, intensive supervision also requires multiple contacts by a
probation officer per week, a specific period each day during which the
offender must be at his or her residence, and that the offender remain
gainfully and suitably employed or faithfully pursue a course of study or
of vocational training that will equip the offender for suitable
employment.
(3c) Remain at his or her residence. The
court, in the sentencing order, may authorize the offender to leave the
offender's residence for employment, counseling, a course of study,
vocational training, or other specific purposes and may modify that
authorization. The probation officer may authorize the offender to leave
the offender's residence for specific purposes not authorized in the
court order upon approval of the probation officer's supervisor. The offender shall
be required to wear a device which permits the supervising agency to
monitor the offender's compliance with the condition electronically and
to pay a fee for the device as specified in subsection (c2) of this
section.
(4) Surrender his or her driver's license to the clerk of superior
court, and not operate a motor vehicle for a period specified by the
court.
(5) Compensate the Department of Environment and Natural Resources or
the North Carolina Wildlife Resources Commission, as the case may be, for
the replacement costs of any marine and estuarine resources or any
wildlife resources which were taken, injured, removed, harmfully
altered, damaged or destroyed as a result of a criminal offense of which
the defendant was convicted. If any investigation is required by officers
or agents of the Department of Environment and Natural Resources or the
Wildlife Resources Commission in determining the extent of the
destruction of resources involved, the court may include compensation of
the agency for investigative costs as a condition of probation. This
subdivision does not apply in any case governed by G.S. 143-215.3(a)(7).
(6) Perform community or reparation service and pay any fee required by
law or ordered by the court for participation in the community or
reparation service program.
(7) Submit at reasonable times to warrantless searches by a probation
officer of his or her person and of his or her vehicle and premises while
the probationer is present, for purposes specified by the court and
reasonably related to his or her probation supervision, but the
probationer may not be required to submit to any other search that would
otherwise be unlawful. Whenever the warrantless search consists of
testing for the presence of illegal drugs, the probationer may also be
required to reimburse the Department of Correction for the actual cost of
drug screening and drug testing, if the results are positive.
(8) Not use, possess, or control any illegal drug or controlled
substance unless it has been prescribed for him or her 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 such illegal drugs or
controlled substances; and not knowingly be present at or frequent any
place where such illegal drugs or controlled substances are sold, kept, or
used.
(8a) Purchase the least expensive annual statewide license or
combination of licenses to hunt, trap, or fish listed in G.S. 113-270.2,
113-270.3, 113-270.5, 113-271, 113-272, and 113-272.2 that would be
required to engage lawfully in the specific activity or activities in
which the defendant was engaged and which constitute the basis of the
offense or offenses of which he was convicted.
(9) If the offense is one in which there is evidence of physical,
mental or sexual abuse of a minor, the court should encourage the minor
and the minor's parents or custodians to participate in rehabilitative
treatment and may order the defendant to pay the cost of such treatment.
(9a) Repealed by Session Laws 2004-186, s. 1.1, effective December 1,
2004, and applicable to offenses committed on or after that date.
(10) Satisfy any other conditions determined by the court to be
reasonably related to his rehabilitation.
(b2) Special Conditions of Probation for Sex Offenders and Persons
Convicted of Offenses Involving Physical, Mental, or Sexual Abuse of a
Minor. — As special conditions of probation, a defendant who has been
convicted of an offense which is a reportable conviction as defined in
G.S. 14-208.6(4), or which involves the physical, mental, or sexual abuse
of a minor, must:
(1) Register as required by G.S. 14-208.7 if the offense is a
reportable conviction as defined by G.S. 14-208.6(4).
(2) Participate in such evaluation and treatment as is necessary to
complete a prescribed course of psychiatric, psychological, or other
rehabilitative treatment as ordered by the court.
(3) Not communicate with, be in the presence of, or found in or on the
premises of the victim of the offense.
(4) Not reside in a household with any minor child if the offense is
one in which there is evidence of sexual abuse of a minor.
(5) Not reside in a household with any minor child if the offense is
one in which there is evidence of physical or mental abuse of a minor,
unless the court expressly finds that it is unlikely that the defendant's
harmful or abusive conduct will recur and that it would be in the minor
child's best interest to allow the probationer to reside in the same
household with a minor child.
(6) Satisfy any other conditions determined by the court to be
reasonably related to his rehabilitation.
(7) Submit to satellite-based monitoring pursuant to Part 5 of Article
27A of Chapter 14 of the General Statutes, if the defendant is described
by G.S. 14-208.40(a)(1).
(8) Submit to satellite-based monitoring pursuant to Part 5 of Article
27A of Chapter 14 of the General Statutes, if the defendant is in the
category described by G.S. 14-208.40(a)(2), and the Department of
Correction, based on the Department's risk assessment program, recommends
that the defendant submit to the highest possible level of supervision
and monitoring.
(9) Submit at reasonable times to warrantless searches by a probation
officer of the probationer's person and of the probationer's vehicle and
premises while the probationer is present, for purposes specified by the
court and reasonably related to the probation supervision, but the
probationer may not be required to submit to any other search that would
otherwise be unlawful. For purposes of this subdivision, warrantless
searches of the probationer's computer or other electronic mechanism
which may contain electronic data shall be considered reasonably related
to the probation supervision. Whenever the warrantless search consists of
testing for the presence of illegal drugs, the probationer may also be
required to reimburse the Department of Correction for the actual cost of
drug screening and drug testing, if the results are positive.
Defendants subject to the provisions of this subsection shall not be
placed on unsupervised probation.
(b3) Screening and Assessing for Chemical Dependency. — A defendant
ordered to submit to a period of residential treatment in the Drug
Alcohol Recovery Treatment program (DART) operated by the Department of
Correction must undergo a screening to determine chemical dependency. If
the screening indicates the defendant is chemically dependent, the court
shall order an assessment to determine the appropriate level of
treatment. The assessment may be conducted either before or after the
court imposes the condition, but participation in the program shall be
based on the results of the assessment.
(c) Statement of Conditions. — A defendant released on supervised
probation must be given a written statement explicitly setting forth the
conditions on which he is being released. If any modification of the
terms of that probation is subsequently made, he must be given a written
statement setting forth the modifications.
(c1) Supervision Fee. — Any person placed on supervised probation
pursuant to subsection (a) of this section shall pay a supervision fee of
thirty dollars ($30.00) per month, unless exempted by the court. The
court may exempt a person from paying the fee only for good cause and
upon motion of the person placed on supervised probation. No person shall
be required to pay more than one supervision fee per month. The court may
require that the fee be paid in advance or in a lump sum or sums, and a
probation officer may require payment by such methods if he is authorized
by subsection (g) to determine the payment schedule. Supervision fees
must be paid to the clerk of court for the county in which the judgment
was entered or the deferred prosecution agreement was filed. Fees
collected under this subsection shall be transmitted to the State for
deposit into the State's General Fund.
(c2) Electronic Monitoring Device Fee. — Any person placed on house
arrest with electronic monitoring under subsection (b1) of this section
shall pay a fee of ninety dollars ($90.00) for the electronic monitoring
device. The court may exempt a person from paying the fee only for good
cause and upon motion of the person placed on house arrest with
electronic monitoring. The court may require that the fee be paid in
advance or in a lump sum or sums, and a probation officer may require
payment by those methods if the officer is authorized by subsection (g) of
this section to determine the payment schedule. The fee must be paid to
the clerk of court for the county in which the judgment was entered or
the deferred prosecution agreement was filed. Fees collected under this
subsection shall be transmitted to the State for deposit into the State's
General Fund.
(d) Restitution as a Condition of Probation. — As a condition of
probation, a defendant may be required to make restitution or reparation
to an aggrieved party or parties who shall be named by the court for the
damage or loss caused by the defendant arising out of the offense or
offenses committed by the defendant. When restitution or reparation is a
condition imposed, the court shall take into consideration the factors
set out in G.S. 15A-1340.35 and G.S. 15A-1340.36. As used herein,
"reparation" shall include but not be limited to the performing of
community services, volunteer work, or doing such other acts or things as
shall aid the defendant in his rehabilitation. As used herein "aggrieved
party" includes individuals, firms, corporations, associations, other
organizations, and government agencies, whether federal, State or local,
including the Crime Victims Compensation Fund established by G.S.
15B-23. A government agency may benefit by way of reparation even though
the agency was not a party to the crime provided that when reparation is
ordered, community service work shall be rendered only after approval has
been granted by the owner or person in charge of the property or premises
where the work will be done.
(e) Costs of Court and Appointed Counsel. — Unless the court finds
there are extenuating circumstances, any person placed upon supervised or
unsupervised probation under the terms set forth by the court shall, as a
condition of probation, be required to pay all court costs and all fees
and costs for appointed counsel, public defender, or counsel employed by
or under contract with the Office of Indigent Defense Services in the
case in which the person was convicted. The fees and costs for appointed
counsel, public defender, or other counsel services shall be determined
in accordance with rules adopted by the Office of Indigent Defense
Services. The court shall determine the amount of those costs and fees to
be repaid and the method of payment.
(f) Repealed by Session Laws 1983, c. 561, s. 5.
(g) Probation Officer May Determine Payment Schedules. — If a person
placed on supervised probation is required as a condition of that
probation to pay any moneys to the clerk of superior court, the court may
delegate to a probation officer the responsibility to determine the
payment schedule. The court may also authorize the probation officer to
transfer the person to unsupervised probation after all the moneys are
paid to the clerk. If the probation officer transfers a person to
unsupervised probation, he must notify the clerk of that action.
Please see the information at the following link: