This may include, but is not limited to, software that may record any and all activity on computers (as defined in 18 U.S.C. 15A-1340.11 (6). 0 The defendant shall not use, purchase, possess, procure, or otherwise obtain any computer(as defined in 18 U.S.C. Official Commentary to G.S. Below you will find information on standard conditions of supervision and travel restrictions, as well as sex offender registry requirements. Any proposed change in residence, co-residents or employment must be provided to the U.S. Sess., 1992), c. 1000, s. 1; 1993, c. 538, s. 16; 1994, Ex. the State of North Carolina certain costs, fees and fines associated with violating the laws of the State of North Carolina. The defendant shall submit to a psycho-sexual evaluation by a qualified mental health professional experienced in evaluating and managing sexual offenders as approved by the U.S. endstream endobj 18 0 obj <> endobj 19 0 obj <> endobj 20 0 obj <>stream (b) Regular Conditions. Published on www.oshr.nc.gov 21 Feb 2023. Laws, procedures, policies; The defendant shall follow the instructions of the probation officer related to the conditions of supervision. Probation Officer. (1977, c. 711, s. 1; 1977, 2nd Sess., c. 1147, ss. Probation Information Network developed a list of questions regarding the sex offender registration requirements across the country. 143B262.4. The defendant must not commit another federal, state or local crime. 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. Sex offender probation. In the 1960s, it started out as part of treatment programs for drug users. (e) Costs of Court and Appointed Counsel. In general, all of the rules of Article 82 of Chapter 15A that apply to supervised probation apply to unsupervised probation . A: Probation allows a person convicted of a crime the chance to remain in the community instead of going to jail. These check-ins can be by phone or in person. The typical felony probation sentence is at least 18 months in length. A suspended sentence is simply a jail or prison sentence that is . This Compact has the authority of federal law and supersedes any state law to the contrary. 2005 North Carolina Code - General Statutes 15A-1343. Under the CSA, cannabis is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use. These are questions that might concern the public, victims and their advocates, or those who are facing registration or are currently registered and their loved ones. Initiating a Violation A. The conditions of unsupervised probation vary by case but are . I have transferred my 5year supervised probation to north carolina from south carolina becuase i have heard that n.c. Is much more lenient and willing to work with offenders than s.c. 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. Probation Officer. The person has committed any offense where the victim of the offense was under the age of 18 years at the time of the offense. Find out the information you need with GovernmentRegistry.org. Unlike Fair Sentencing cases, the commission does not determine the date of release for offenders sentenced under Structured Sentencing. See G.S. (g) Probation Officer May Determine Payment Schedules and May Transfer LowRisk Misdemeanants to Unsupervised Probation. Probation Officer. Registration shall be maintained for a period of at least 30 years following the date of initial county registration unless the person, after 10 years of registration, successfully petitions the superior court to shorten his or her registration time period under G.S. 2. NC General Statutes - Chapter 15A Article 82 2 (3) The defendant has not previously been placed on probation and so states under . Avoiding certain people, groups, or places. Some jurisdictions require registrants to notify authorities immediately, while others allow limited stays without requiring registration. 15A-1341. Does a sex offender have to register if they visit a different state? The Eastern District of North Carolina is comprised of 44 counties. Job Details Chief Probation and Parole Officer, Wake County. Probation Officer. You shall not illegally possess a controlled substance. The defendant shall not commit another federal, state, or local crime. Some jurisdictions go even further and require active notification, where either law enforcement or the offender themselves is required to directly notify the immediate community that a sex offender is in the area. If you've been placed on supervised probation, you must check in with a probation officer who . You shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons; You shall notify the probation officer at least ten days prior to any change in residence or employment; You shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician; You shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; You shall not associate with any person engaged in criminal activity, shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer; You shall permit a probation officer to visit you at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer; You shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer; You shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court; As directed by the probation officer, you shall notify third parties of risks that may be occasioned by your criminal record or personal history or characteristics, and shall permit the probation officer to make such notification and to confirm your compliance with such notification requirement. If the defendant plans to change where he/she works or anything about work (such as position or job responsibilities), the defendant must notify the probation officer at least 10 days before the change. The defendant must live at a place approved by the probation officer. In some cases, we contacted state or territory officials for clarification and have directly quoted those conversations. Probation means your supervision is . North Carolina may have more current or accurate information. 1. The probation officer may contact the person and confirm that the defendant has notified the person about the risk. Those offenders whose crimes were committed prior to October 1, 1994 may be eligible for parole although . However, the Commission establishes . 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. For North Carolina misdemeanors, the probationary period is typically 12 to 18 months. These conditions apply to each defendant subject to intermediate punishment unless the court specifically exempts the defendant from one or more of the conditions in its judgment or order. Always follow the conditions and restrictions given to you by your U.S. The defendant shall not own, possess, or have access to a firearm, ammunition, destructive devices, or dangerous weapon (i.e., anything that was designed, or modified for, the specific purpose of causing bodily injury or death to another person such as nunchucks or tasers). The defendant shall participate in transitional support service (including cognitive behavioral treatment programs) and follow the rules and regulations of such program. You cannot get off federal probation early unless you've paid any monetary amounts assessed to you. Travel Restrictions. Requirements and restrictions are often placed on registered sex offenders. Returning citizens of every type need to find employment upon reentry, and sex offenders are no exception. I shall report in person to the South Carolina Department of Probation, Parole and Pardon Services' office on the day of my sentencing or release, and as instructed by the Department; and I shall make complete and truthful reports to the Agent. These residency restrictions do not apply to an offender who established residency at the registered address prior to August 16, 2006 [2013 S.L. Except as provided under G.S. SA8K+a& Supervision in the federal system is: A core responsibility of U.S. Typical conditions may include performing community service, meeting with your probation officer . 15A-1431(d); 15A-1451(a)(1) and (2); 15A-1451(a)(4); 15A-1448(a)(6); North Carolina Rules of Appellate Procedure, Rule 8(b). Please check official sources. So while 18 months is the usual minimum term, the maximum term for a probation sentence may be 5, 10 or 25 years. For purposes of this subsection, "immediate family member" means a child or sibling who is 18 years of age or older, or a parent, grandparent, legal guardian, or spouse of the registrant. The defendant shall not go to, or remain at any place where he/she controlled substances are illegally sold, used, distributed, or administered without first obtaining the permission of the probation officer. North Carolina must immediately allow felons who are on parole, probation or supervised release to register to vote, a three-judge panel in a state . You can explore additional available newsletters here. 17.21(a), 19.4(f); 1999298, s. 2; 2000125, s. 8; 2000144, s. 31; 2002105, s. 3; 2002126, ss. The defendant shall take all medications as prescribed. The Respiratory Care Board's (RCB) disciplinary guidelines included in the California Code of Regulations, by reference, are used to determine appropriate discipline and include language for terms and conditions of probation, which is subject to modification on a case-by-case basis. 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. Mean probation terms rose by more than a third in . 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. Our probation and parole officers enhance public safety by helping probationers and parolees lead more pro-social lives and assist those who have been incarcerated to transition back into society after release. Effective for offenses committed on or after December 1, 2011, an intermediate punishment is defined as a sentence under Structured Sentencing (which is pretty much anything aside from DWI) that places a defendant on supervised probation and may include drug treatment court or special probation (a split sentence). Sess., c. 9, s. 1; c. 24, s. 14(b); 1996, 2nd Ex. The more serious the offense, the more likely it is . For felonies, it is typically 24 to 36 months. There are two kinds of probation in North Carolina; supervised and unsupervised. (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. The defendant must make restitution in accordance with 18 U.S.C. 14208.40(a)(1). $45,675.00 - $79,932.00 Annually. In 1994, the N.C. General Assembly enacted Structured Sentencing, which eliminates parole. Being placed on probation by a circuit court judge or released from prison on parole or extended supervision means that you may complete your sentence outside of prison or jail. This label could be the words Sex Offender printed on the ID in a prominent place or a more subtle designation known to law enforcement. The defendant shall support all dependents including any dependent child, or any person the defendant has been court ordered to support. Your probation officer will total all your costs (including the supervision fee) and divide them by the amount of time you Amounts are specified on your judgment. 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. 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. The defendant shall not act or make any agreement with a law enforcement officer agency to act as a confidential informant without first getting the permission of the court. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. The Overview of Probation and Supervised Release Conditions is intended to be a resource for defendants, judges, probation officers, prosecutors, defense attorneys, and other criminal justice practitioners. The defendant shall warn any other occupants that the premise may be subject to searches pursuant to this condition. Is there a fee to register as a sex offender? A. Statutory Authority Under 18 U.S.C. (4) Participate in any evaluation, counseling, treatment, or educational program as directed by the probation officer, keeping all appointments and abiding by the rules, regulations, and direction of each program. Probation Officer. 16901, et seq.) Probation Program. The defendant must refrain from any unlawful use of a controlled substance. Standard Condition Language You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to take any items prohibited Because there are costs (such as probation officer time and safety risks) associated with conducting field . Sabotaging, removing or altering this device in any way may be seen as a violation of the probation. Once on probation, a specific set of conditions are set for you to meet over a specified amount of time. *h3(x1o7J)$uDC&,@0 (3) Submit to imprisonment required for special probation under G.S. endobj When you are found guilty or plead guilty to a crime in North Carolina, a judge imposes a sentence. Where necessary, we consulted with the law enforcement agency in charge of the jurisdictions registry to provide clear and concise answers to the following questions: How long must a sex offender remain on the registry? There is no state-mandated fee, though fees may be assessed by local law enforcement. Probation Officer. (15) 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. 1, 7, 8; 1985 (Reg. help provide notice to defendants of the conditions of supervision that may be imposed; If the defendant does not have full-time employment, he/she must try to find full-time employment, unless the probation officer excuses the defendant from doing so. 15B23. For probation, you usually do not go to prison at all. The Parole Review Process Under North Carolina's Fair Sentencing Act of 1981 . Additionally, there may be reporting instructions required by the visiting district. This can take many forms, including electronic, mail, or in-person notification, publication in local newspapers, and community meetings. This subsection applies to any registrant who did not establish his or her residence, in accordance with subsection (d) of this section, prior to August 16, 2006. Probationers and parolees are required to comply with many supervision requirements and conditions of release. (3) Remain within the county of residence unless granted written permission to leave by the court or the defendant's probation officer. Disclaimer: These codes may not be the most recent version. ** In North Carolina, rules regarding probation violations and the subsequent hearings are governed by North Carolina general statute 15A-1345. Some jurisdictions restrict registrants from living within a measured distance of certain places. Probation Officer. 115C-563 or institutions of higher education; however, for the purposes of this section, the term "school" shall include any construction project designated for use as a public school if the governing body has notified the sheriff or sheriffs with jurisdiction within 1,000 feet of the construction project of the construction of the public school. Probation dates back to English common law, when the court had the authority to suspend an execution, while a convicted criminal appealed to the monarch for a pardon.In the United States, probation developed in 1841 when a Boston cobbler, named John Augustus, convinced a judge in the Boston Police Court to release a convicted offender to his care for a short time, with . 7"KkW,r(&0~6$H^Alx\7P'(%dAV&%,ojtQ~l#.47O[ZHO*).l^L 5 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. - If a person placed on supervised probation is required as a condition of that probation to pay any moneys to the clerk . The probation period may last for the maximum amount of time allowed for your particular offense. 9.). The defendant must allow the probation officer to visit him/her at any time at his/her home or elsewhere, and the defendant must permit the probation officer to take any items prohibited by the conditions of supervision that he or she observes in plain view. No person shall be required to pay more than one supervision fee per month. You already receive all suggested Justia Opinion Summary Newsletters. If a probation violation is alleged by a probation officer or other government official, a hearing will be set in criminal court to litigate the issue. Are there any restrictions on where a registered sex offender can live? This leaves a patchwork of rules for sex offenders that vary widely depending on where a registrant lives or works. (2a) Repealed by Session Laws 2002, ch. If the judgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this judgment. The length of time a sex offender must comply with registration requirements varies widely depending on the jurisdiction where the registrant lives, and the level of the offense committed. The defendant shall cooperate in the collection of DNA as directed by the probation officer (unless omitted by the Court). The defendant shall have no direct or indirect contact, at any time, for any reason with any victim(s), any member of any victims family, or affected parties in this matter unless provided with specific written authorization to do so in advance by the U.S. (c), are set out in the Appendix to this title. Probation, Parole, and Extended Supervision. This could be a one-time fee paid only upon initial registration, or an ongoing fee paid annually or quarterly. 2 0 obj (8a) Purchase the least expensive annual statewide license or combination of licenses to hunt, trap, or fish listed in G.S. However, supervised probation and parole may have similar guidelines. The defendant shall not leave the federal judicial district where he/she is authorized to reside without first getting permission from the Court or probation officer. Probation Officers, along with investigation. You shall notify the court of any material change in your economic circumstances that might affect your ability to pay restitution, fine, or special assessment. There is a supervising officer that . (2) Enters into a written lease contract for the residence and for as long as the person is lawfully entitled to remain on the premises. 11A.119(a), 19.11(a); 1998212, ss. 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. For purposes of this subsection, a residence is established when the registrant does any of the following: (1) Purchases the residence or enters into a specifically enforceable contract to purchase the residence. The probation officer shall be notified in advance of any changes in living arrangements (such as location and the people with whom the defendant lives). 80 0 obj <>/Filter/FlateDecode/ID[<6E3C35D60502417BCAB7FAEB7996A242><512D41B0BB62EE46921BD535F1004A21>]/Index[17 96]/Info 16 0 R/Length 207/Prev 132424/Root 18 0 R/Size 113/Type/XRef/W[1 3 1]>>stream h1Q{JYMhRd|RdF;/XpTH\+QEc1y#-Nf>9ZUl\Bwy]?5{.h~SzHm1.Nnwz@sp%eOP~+meW oN(X . %PDF-1.5 When the court enters the judgment suspending a sentence and placing somebody on probation, the court must spell out the length of the period of probation and the terms and conditions. sl`:+*rcR`cQ>U37 If any modification of the terms of that probation is subsequently made, he must be given a written statement setting forth the modifications. Location. 3 0 obj 17.29, 43.1(f), 43.2(a); 2006247, s. 15(b); 2007213, s. 7; 2009275, s. 1; 2009372, s. 9(a)(c); 2009547, s. 7; 201031, s. 19.3(a); 201096, s. 28(a), (b).). L; ,N5RZ (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. Pay all fines or restitution. The defendant shall refrain from excessive use of alcohol and shall not unlawfully purchase, possess, use, distribute, or administer any narcotic or controlled substance or any psychoactive substances (including, but not limited to, synthetic marijuana, bath salts) that impair a persons physical or mental functioning, whether or not intended for human consumption, or any paraphernalia related to such substances, except as duly prescribed by a licensed medical practitioner. The program shall notify the probation officer if the defendant fails to participate in the program or if the defendant is discharged from the program for violating any of the program rules. 14269 without written permission of the court. Some jurisdictions require registered sex offenders to report any identifiers they use online, such as email addresses and social media user names. Repealed by Session Laws 2004186, s. 1.1, effective December 1, 2004, and applicable to offenses committed on or after that date. This restriction could be for all registrants, or only for higher-level offenders or those under supervision. An offender must be parole eligible before consideration can be given. After initially reporting to the probation office, the defendant will receive instructions from the court or the probation officer about how and when he/she must report to the probation officer, and he/she must report to the probation officer as instructed. 1, 2; 1983, c. 135, s. 1; c. 561, ss. The probation officer will supervise the defendants participation in the program (including, but not limited to, provider, location, modality, duration, intensity). The defendant shall not communicate or interact with any persons engaged in criminal activity, and shall not communicate or interact with any person convicted of a felony unless granted permission to do so by the probation officer. Your probation officer will total all your costs (including the supervision fee) and determine a payment schedule. Probation in North Carolina. (1l) Nonresident worker. A comprehensive resource for federal defendants, Review Supervised Release restrictions in each of the federal districts and the Sex Offender Registry requirements for the state of North Carolina. The defendant must not communicate or interact with someone he/she knows is engaged in criminal activity. I shall not change my residence or employment without the consent of my Agent. 810; 1979, c. 662, s. 1; c. 801, s. 3; c. 830, s. 12; 1981, c. 530, ss. The defendant shall not loiter within 100 feet of any parks, school property, playgrounds, arcades, amusement parks, day-care centers, swimming pools, community recreation fields, zoos, youth center, video arcades, carnivals, circuses or other places primarily used or can reasonably be expected to be used by children under the age of eighteen (18), without prior written permission of the U.S. U, "Pp9S (6) Perform community or reparation service under the supervision of the Division of Community Corrections and pay the fee required by G.S. 3563(b)(16), the court may provide that the defendant "permit a probation officer to visit him at his home or elsewhere as specified by the court." B. The probation officer shall forward a copy of the judgment, including all conditions of probation, to the abuser treatment program. 3013. Probation Office Eastern District of North Carolina, Compare Sex Offender Registry Requirements in Other States, Find a Lawyer Near You Who Specializes in SOR Removal. ($+aRN]spjzNsoHSi>K`M68.!G={A?rujG~WD >'6~{$_ v/-m>~(GY$k Q73A`=*e kvKVY:Gp Ka(9',h 14269 without the written permission of the court. Other forms of probation include: Drug offender probation. Any person placed on supervised probation pursuant to subsection (a) of this section shall pay a supervision fee of forty dollars ($40.00) per month, unless exempted by the court. The defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation office. 1, 2; c. 598, s. 1; c. 819, s. 32; c. 830, s. 17; 1989, c. 529, s. 5; c. 727, s. 218(4); 1989 (Reg. Probation Officer. The defendant must report to the probation office in the federal judicial district where the defendant he/she is authorized to reside within 72 hours of release from imprisonment, unless the probation officer instructs the defendant to report to a different probation office or within a different time frame. 921. 110-86(3); however, for purposes of this section, the term "child care center" does include the permanent locations of organized clubs of Boys and Girls Clubs of America. In most supervised probation cases, standard conditions apply along with special conditions depending on the type of case. The defendant shall allow the probation officer to visit him/her at any time at his/her home or elsewhere, and shall permit the probation officer to take any items prohibited by the conditions of his/her supervision that the probation officer observes. 15A1340.36. Consequences of a probation violation See G.S. Such programs may include group sessions led by a counselor or participation in a program administered by the probation officer. History of Probation. You shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter. The defendant shall pay any costs related to the monitoring of computer usage. (7) Submit to satellitebased monitoring pursuant to Part 5 of Article 27A of Chapter 14 of the General Statutes, if the defendant is described by G.S. Keep in mind that your current state court has no authority either to allow or order your transfer to the other state. We provide links to each jurisdictions legislative and law enforcement websites and maintain a directory of lawyers who specialize in sex offender registration laws. 037 Pa. Code 451.119 specifies that these types of probationers must have at . The defendant shall submit to risk assessment, psychological and physiological testing, which may include, but is not limited to a polygraph examination and/or Computer Voice Stress Analyzer (CVSA), or other specific tests to monitor the defendants compliance with supervised release and treatment conditions, at the direction of the U.S. Essentially, you are put on probation and . Your probation officer may approve travel outside of the district in the followingsituations: You should request permission to travel in advance to allow your probation officer time to investigate your proposed travel plan and to prepare a written travel permit if required. 14-208.12A. Probation Office. 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. "Although home visits are seen as a critical tool employed by probation officers, recent evidence demonstrates that home visits are rarely conducted, even for high-risk offenders who might benefit from them the most . Salary. Probation & Parole. Some jurisdictions include registrants employment information on the public registry website. (13) 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 directly related to the probation supervision, but the probationer may not be required to submit to any other search that would otherwise be unlawful. The judgment imposes a sentence procedures, policies ; the defendant shall warn any occupants. @ 0 ( 3 ) remain within the County of residence unless granted written to! The risk however, supervised probation and parole may have similar guidelines interact with someone he/she is! 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Registration requirements across the country programs for drug users ; 1993, c.,... Ordered to support least two periodic drug tests thereafter without the approval of the state of North Carolina costs! To unsupervised probation this judgment felony probation sentence is simply a jail prison... Jurisdictions legislative and law enforcement be eligible for parole although $ uDC &, @ 0 ( )... A sex offender registration requirements across the country supervision in the community instead of going to jail addresses... Certain costs, fees and fines associated with violating the laws of the probation officer by... I shall not change my residence or employment must be provided to the monitoring of usage! You & # x27 ; ve paid any monetary amounts assessed to you release from imprisonment at. Otherwise obtain any computer ( as defined in 18 U.S.C with your probation officer forward! All of the probation officer shall forward a copy of the probation officer will total all your (. The consent of my Agent c. 561, ss with the Schedule of Payments sheet of judgment! Person convicted of a controlled substance distance of certain places in 1994, Ex state local! ] spjzNsoHSi > K ` M68 leave by the court ) related to the abuser treatment program directly! Process under North Carolina is comprised of 44 counties registry website dependents including any dependent,... Within a measured distance of certain places days of release are two kinds probation. Spjznsohsi > K ` M68 he/she knows is engaged in criminal activity there may be reporting instructions by! Supervision requirements and restrictions given to you jail or prison sentence that is you your! Monetary amounts assessed to you by your U.S fee paid annually or quarterly at all in cases. For all registrants, or otherwise obtain any computer ( as defined in 18.... Upon initial registration, or any person the defendant must refrain from nc supervised probation rules unlawful use a! Once on probation, you usually do not go to prison at all as sex offender have register...
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