While the bulk of the money spent by the State on corrections is for the incarceration of prisoners, three-quarters of convicted offenders each year are returned to the community for their punishment.
Based on the most recent annual data:
- 25,000 felony convictions could have received non-active sentences in 2006-07; 18,000 (71%) actually received non-active sentences.
- All 161,000 misdemeanant convictions could have received non-active sentences; 127,000 (78%) actually received non-active sentences.
- When given the choice, judges impose active sentences (jail or prison) about 39% of the time for felonies and 28% of the time for misdemeanors.
[Note: Some offenders elect to serve their suspended active sentence, which can be as short as 3 months for a Class I felony, rather than spend two years or more on supervised probation.]

Judges can impose three types of sentences: active (jail/prison time), intermediate, and community. An intermediate sentence involves probation plus an additional sanction such as electronic house arrest, a day reporting center, a “split sentence” (short active sentence followed by probation), or intensive probation.
The type of sanction a judge can impose, and the length of the active sentence, is determined by the level of the offense and the offender’s prior criminal history (see grid below).
|
|
PRIOR RECORD LEVEL |
|||||
|
|
I |
II |
III |
IV |
V |
VI |
|
FELONIES |
||||||
|
A |
Death or Life without Parole |
|||||
|
B |
A |
A |
A |
A |
A |
A |
|
C |
A |
A |
A |
A |
A |
A |
|
D |
A |
A |
A |
A |
A |
A |
|
E |
I/A |
I/A |
A |
A |
A |
A |
|
F |
I/A |
I/A |
I/A |
A |
A |
A |
|
G |
I/A |
I/A |
I/A |
I/A |
A |
A |
|
H |
C/I/A |
I/A |
I/A |
I/A |
I/A |
A |
|
I |
C |
C/I |
I |
I/A |
I/A |
A |
|
MISDEMEANORS |
||||||
|
A1 |
C/I/A |
C/I/A |
C/I/A |
A = Active Jail/Prison I = Intermediate C = Community Light Gray = Non-active is optional Dark Gray = Non-active is required |
||
|
1 |
C |
C/I/A |
C/I/A |
|||
|
2 |
C |
C/I |
C/I/A |
|||
|
3 |
C |
C/I |
C/I/A |
|||
|
|
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*Conviction = most serious offense for each offender on a given court day; some offenders may have multiple convictions over the course of a year.
^Data on re-incarceration is for offenders placed on probation in 2003-04.
Data sources: N.C. Sentencing and Policy Advisory Commission and N.C. Department of Correction.