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HB 0395 - First offenders probation; status; clarify

Tracking Level: Monitor
Sponsor: Shaw,Jay 176th
Last Action: 4/20/2007 - House Withdrawn, Recommitted
House Committee: JudyNC
Assigned To:
05. Superior CourtsNext Bill
06. State CourtsNext Bill
09. Magistrate CourtsNext Bill
10. Municipal CourtsNext Bill
14. All Court ClerksNext Bill

Staff Analysis of the Legislation

Amend Article 3 of Chapter 8 of Title 42.  Relating to probation of first offenders.  This bill would clarify first offender status and provide duties, obligations, and responsibilities for the clerk of court, the probation department, and the Department of Corrections. Upon completion by the defendant of the terms of probation, upon the release of the defendant by the court prior to the termination of the period of probation, or upon the defendant´┐Żs release from confinement, the defendant shall be discharged without court adjudication of guilt.  It shall be the duty of the probation department that is responsible for supervising a first offender probationer to notify the clerk of court for the jurisdiction of the court which imposed the sentence that the first offender probationer has completed the term of probation or that he or she has been released by the court prior to the termination of the period of probation. It shall be the duty of the Department of Corrections to notify the clerk of court for the jurisdiction of the court which imposed the sentence that a defendant has been released from confinement.  If the probation department or the Department of Corrections fails to notify the clerk of court or if the probation department does not seek to have a first offender probationer adjudicated guilty due to a violation of the terms of probation during the term of the first offender probation, then the first offender may petition the court for discharge by notifying the clerk of court in writing of such request. When the clerk of court is notified by the probation department or the Department of Corrections that a defendant has completed his or her first offender sentence, or if the defendant shall stand discharged, it shall be the duty of the clerk of court to enter on the criminal docket and all other records of the court pertaining thereto a discharge statement.  Such entry shall be written or stamped in red ink, dated, and signed by the person making such entry or, if the docket or record is maintained using computer printouts, microfilm, or similar means, such entry shall be underscored, boldface, or made in a similar conspicuous manner and shall be dated and include the name of the person making such entry. The criminal file, docket books, criminal minutes and final record, and all other records of the court relating to the offense of a defendant who has been discharged without court adjudication of guilt pursuant to this article shall not be altered as a result of that discharge, except for the entry of discharge thereon required by this subsection, nor shall the contents be expunged or destroyed as a result of that discharge.  Except for the registration requirements under the state sexual offender registry and except as otherwise provided, the first offender discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties; and the defendant shall not be considered to have a criminal conviction. 


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