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North Carolina Liberty Denying Treatment Program Ruled Statutorial Confinement; Prisoner's Time Credited

North Carolina State prisoner William Hearst petitioned for review of an appellate affirmation denying him 81 days credit for treatment program confinement. The affirmation was reversed and remanded to credit the 81 days,

Hearst pled guilty for felony intent to sell and deliver a controlled substance and various misdemeanors in 1999. The court suspended his six to eight month sentence for five years probation, the initial year requiring an intense supervision program. One month later a probation violation resulted in his sentence being amended to order his participation in the Intensive Motivational Program of Alternative Correctional treatment (IMPACT) which he successfully completed. He was violated twice more in 2000 and the six to eight month sentence was reinstated. His request for the 81 day IMPACT credit was denied and the denial was affirmed by the appellate court, ruling that IMPACT was not statutorily considered confinement.

On review, the Supreme Court of North Carolina reversed the denial holding that the ordered participation in IMPACT did "present a custodial situation wherein defendant was denied his liberty." See: North Carolina v. Hearst, 356 N.C. 132, 567 S.E.2d 124 (2000).

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Related legal case

North Carolina v. Hearst