nc supervised probation rulesnc supervised probation rules
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. 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. ZEm$b>Q9DEt1zqJ*D-%7;. The court may impose conditions of probation reasonably necessary to insure that the defendant will lead a lawabiding life or to assist him to do so. Probation Officer. Some jurisdictions restrict registrants from living within a measured distance of certain places. Sess., 1992), c. 1000, s. 1; 1993, c. 538, s. 16; 1994, Ex. In most supervised probation cases, standard conditions apply along with special conditions depending on the type of case. Because there are costs (such as probation officer time and safety risks) associated with conducting field . g8;)E|y;&?KR[[(Z?$rrUM|e-nVf/^tUS_9\wxbMW??Bqy)_|"o "e$4~-0owa0-xgtaP_6]li:oTE -VW,
, y.&x3a;f"rek&soT(. Any proposed change in residence, co-residents or employment must be provided to the U.S. The offender shall be required to wear a device which permits the supervising agency to monitor the offender's compliance with the condition electronically and to pay a fee for the device as specified in subsection (c2) of this section. G.S. Some jurisdictions charge a fee every time a registrant updates their information. The defendant shall not communicate or interact with any persons engaged in criminal activity, and shall not communicate or interact with any person convicted of a felony unless granted permission to do so by the probation officer. (9) If the offense is one in which there is evidence of physical, mental or sexual abuse of a minor, the court should encourage the minor and the minor's parents or custodians to participate in rehabilitative treatment and may order the defendant to pay the cost of such treatment. Mean probation terms rose by more than a third in . A. Statutory Authority Under 18 U.S.C. (6) Perform community or reparation service under the supervision of the Division of Community Corrections and pay the fee required by G.S. It depends on the state, and how long the registrant will be there. The Overview of Probation and Supervised Release Conditions may: . Probation Officer. The probation period may last for the maximum amount of time allowed for your particular offense. A comprehensive resource for federal defendants, Review Supervised Release restrictions in each of the federal districts and the Sex Offender Registry requirements for the state of North Carolina. The probation officer shall forward a copy of the judgment, including all conditions of probation, to the abuser treatment program. 7wu~M|;nxCmjx5pU$U 3. 5013.4(c). Instead of time behind bars, you are supervised in your community. 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. 14269 without written permission of the court. 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. Probation Officer. 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. 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. 4209, and 4214 of this title] shall apply with respect to persons whose probation, supervised release, or parole begins after December 31, . What Is Supervised Probation? 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. 14208.40(a)(1). These check-ins can be by phone or in person. Laws, procedures, policies; (1977, c. 711, s. 1; 1977, 2nd Sess., c. 1147, ss. 28]. (3)At any place where minors frequently congregate, including, but not limited to, libraries, arcades, amusement parks, recreation parks, and swimming pools, when minors are present. (d) Search of Sex Offender Registration Information Required When Placing a Defendant on . In general, all of the rules of Article 82 of Chapter 15A that apply to supervised probation apply to unsupervised probation . The defendant must submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the court (condition can be suspended based on the courts determination that the defendant pose a low risk of future substance abuse). (2a) Repealed by Session Laws 2002, ch. Employment searches not to exceed 30 days, Recurring travel across the district boundary for work, shopping, or recreation. Have your transfer application forwarded to the compact office in the state where you want to move. 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. Unsupervised probation, commonly referred to as administrative probation, is the least strict form of probation you can be ordered by a court. If you are convicted of a DWI in North Carolina it is possible the judge may issue a probationary sentence. Can a registered sex offender go on vacation? 1. %%EOF
In addition, a probation officer may transfer a misdemeanant from supervised to unsupervised probation if the misdemeanant is not subject to any special conditions and was placed on probation solely for the collection of courtordered payments, and the risk assessment shows the misdemeanant to be a lowrisk offender; however, such a transfer to unsupervised probation does not relieve the misdemeanant of the obligation to continue making courtordered payments under the terms of the misdemeanant's probation. 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. Section 90-96. The provision does not encompass persons under the age of eighteen (18), such as waiters, cashiers, ticket vendors, etc. 14269 without the written permission of the court. 15A1351(a) shall, as additional regular conditions of probation, obey the rules and regulations of the Department of Correction governing the conduct of . The defendant shall upon request, immediately provide the probation officer with any and all passwords required to access data compressed or encrypted for storage by any software. However, instead of spending time in jail, the offender is allowed free movement in the . If warranted, the defendant shall participate in a substance abuse program and follow the rules and regulations of that program. 15A1344(e) or G.S. Probation, Parole, and Extended Supervision. 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. Supervised probation is what most people think of when they hear 'probation'. Parole does not have the same rules as probation when it comes to transfers. %PDF-1.5
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Probation Information Network developed a list of questions regarding the sex offender registration requirements across the country. 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. (4) On the State Fairgrounds during the period of time each year that the State Fair is conducted, on the Western North Carolina Agricultural Center grounds during the period of time each year that the North Carolina Mountain State Fair is conducted, and on any other fairgrounds during the period of time that an agricultural fair is being conducted. 0
The defendant must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers). A suspended sentence is imposed as well as some rules and restrictions. Sex offender probation. The other state must grant permission before you can move there. 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. 14208.40(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. (a1) A person who is a nonresident student or a nonresident worker and who has a reportable conviction, or is required to register in the person's state of residency, is required to maintain registration with the sheriff of the county where the person works or attends school. Probation Program. 15A1344(e). The court shall determine the amount of those costs and fees to be repaid and the method of payment. ** In North Carolina, rules regarding probation violations and the subsequent hearings are governed by North Carolina general statute 15A-1345. In any event, it is a good idea for you to consult with your current or another lawyer right away, including about your appeal options for your second case in the event the appeal deadline has not expired. <>
The defendant shall not use or have installed programs specifically and solely designed to encrypt data, file folders, or volumes of any media. ?Q? I am on probation for drug charges, will i be banned from drinking alcohol. The defendant must not unlawfully possess a controlled substance. 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. If you are arrested at any time for any reason, you must report this arrest to your Probation and Parole Officer within 48 hours. 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. Today, it has progressed as part of pre-trial programs, particularly when interviewing . Probation Officer. (c) Repealed by Session Laws 1995, c. 429, s. 1. Published on www.oshr.nc.gov 21 Feb 2023. Fees collected under this subsection shall be transmitted to the State for deposit into the State's General Fund. It should not be considered legal advice and, while we strive to provide accurate and up to date information, it is not guaranteed to be complete or correct. The defendant shall not unlawfully possess a controlled substance. 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. Sabotaging, removing or altering this device in any way may be seen as a violation of the probation. 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). Having a competent lawyer representing . They can then suspend the sentence and place you on probation instead. Prior Provisions. As you can see, some involve greater degrees of supervision than others, depending on the severity and nature of the underlying offense. 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. SA8K+a& 143215.3(a)(7). (e) Costs of Court and Appointed Counsel. You shall not possess a firearm as defined in 18 U.S.C. 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. *h3(x1o7J)$uDC&,@0 Eligibility is established by North Carolina general statute. I will report all arrests to my Probation and Parole Officer within 48 hours. Appearing at all scheduled court appearances in a timely manner. (a) It shall be unlawful for any person required to register under this Article, if the offense requiring registration is described in subsection (c) of this section, to knowingly be at any of the following locations: (1)On the premises of any place intended primarily for the use, care, or supervision of minors, including, but not limited to, schools, children's museums, child care centers, nurseries, and playgrounds. (3) Submit to imprisonment required for special probation under G.S. The defendant must make restitution in accordance with 18 U.S.C. Fees collected under this subsection shall be transmitted to the State for deposit into the State's General Fund. For North Carolina misdemeanors, the probationary period is typically 12 to 18 months. The defendant shall not use, purchase, possess, procure, or otherwise obtain any computer(as defined in 18 U.S.C. ($+aRN]spjzNsoHSi>K`M68.!G={A?rujG~WD >'6~{$_ v/-m>~(GY$k Q73A`=*e kvKVY:Gp Ka(9',h 2 | Probation Violations in North Carolina are handled under similar but statutorily separate procedures outlined in Article 84A (post-release supervision) and Article 85 (parole) of G.S. The defendant shall allow the U.S. You cannot get off federal probation early unless you've paid any monetary amounts assessed to you. North Carolina may have more current or accurate information. The very idea of unsupervised probation is a relatively new concept in North Carolina. For those currently under supervision, consult with your Parole or Probation Officer for guidance. The Sex Offender Registration and Notification Act (SORNA) was passed in 2006 as part of the Adam Walsh Child Protection and Safety Act to provide federal standards for jurisdictions to follow. The defendant must live at a place approved by the probation officer. 2. 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).). (b4) Intermediate Conditions. Returning citizens of every type need to find employment upon reentry, and sex offenders are no exception. Except as provided under G.S. W~moS :Q7k]Trk>Xpn+J.pRc}N_%%_epkb6l 5>9x]A5Y5qT #\]V,EJ~ToSXgsE {1&MH_8ta"H]JC/q|/AouRAhsO!ao
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The defendant shall not have no contact, including any association such as verbal, written, telephonic, or electronic communications with any person under the age of eighteen (18) except: 1) in the presence of the parent or legal guardian of said minor; 2) on the condition that the defendant notifies the parent or legal guardian of their conviction or prior history; and 3) has written approval from the U.S. (c1) Supervision Fee. <>
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. Consequences of a probation violation Probation in North Carolina is a punishment imposed by judges upon conviction of a crime that requires the defendant to follow a certain set of rules or accomplish certain things within a set period of time. While offenders must register online identifiers [NC Gen Stat 14-208.7(b)(7)], this information is not included on the public registry. (3a) Repealed by Session Laws 199757, s. 3. The answers provided are taken directly from the laws found on the state or territorys legislative website or, where necessary, from the website of the law enforcement agency in charge of the jurisdictions registry. Additionally, there may be reporting instructions required by the visiting district. This restriction could be for all registrants, or only for higher-level offenders or those under supervision. Your probation officer will total all your costs (including the supervision fee) and determine a payment schedule. The defendant shall cooperate in the collection of DNA as directed by the probation officer (unless omitted by the court). If you've been placed on supervised probation, you must check in with a probation officer who . 1, 2; 1985, c. 474, ss. If the judgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this judgment. The following conditions of probation apply to each defendant subject to intermediate punishment: (1) If required in the discretion of the defendant's probation officer, perform community service under the supervision of the Division of Community Corrections and pay the fee required by G.S. Other forms of probation include: Drug offender probation. (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. It depends on the state, and how long the registrant will be there. For probation, you usually do not go to prison at all. (3c) Remain at his or her residence. Some jurisdictions require registrants to notify authorities immediately, while others allow limited stays without requiring registration. endobj
The conditions of unsupervised probation vary by case but are . 7"KkW,r(&0~6$H^Alx\7P'(%dAV&%,ojtQ~l#.47O[ZHO*).l^L 5 (d) Changes in the ownership of or use of property within 1,000 feet of a registrant's registered address that occur after a registrant establishes residency at the registered address shall not form the basis for finding that an offender is in violation of this section. The defendant must not commit another federal, state or local crime. This could be the employers address or in some cases the name of the employer. (c) Statement of Conditions. 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. 15A1344(e) or G.S. Unless you are given permission in advance by the judge in your case, any requests to travel outside of these 44 counties must be approved in advance by your U.S. The defendant shall not seek any extension of credit (including, but not limited to, credit card account, bank loan, personal loan) unless authorized to do so in advance by the probation officer. endstream
endobj
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(2b) Participate in and successfully complete a Drug Treatment Court Program pursuant to Article 62 of Chapter 7A of the General Statutes. 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. (9a) Repealed by Session Laws 2004186, s. 1.1, effective December 1, 2004, and applicable to offenses committed on or after that date. Amounts are specified on your judgment. 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. (b) As used in this section, "school" does not include home schools as defined in G.S. Appeal from Superior Court. If the defendant plans to change where the defendant lives or anything about their living arrangements (such as the people he/she lives with), the defendant must notify the probation officer at least 10 days before the change. &]+. Most jurisdictions have a set of standard conditions that apply to all probationers and parolees. When restitution or reparation is a condition imposed, the court shall take into consideration the factors set out in G.S. stream
(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. This listing closes on 2/28/2023 at 5:00 PM Eastern Time (US & Canada). As regular conditions of probation, a defendant must: (1) Commit no criminal offense in any jurisdiction. (6) Satisfy any other conditions determined by the court to be reasonably related to his rehabilitation. The probation officer will supervise the defendants participation in the program (including, but not limited to, provider, location, modality, duration, intensity). Some jurisdictions do not have a state-wide restriction but do allow local jurisdictions to enact their own. Sign up for our free summaries and get the latest delivered directly to you. The defendant shall refrain from obstructing or attempting to abstract or tamper, in any fashion, with the efficiency or accuracy of the testing. (9) Pay the costs of court, any fine ordered by the court, and make restitution or reparation as provided in subsection (d). The defendant shall notify the probation officer within 72 hours of any changes regarding employment. These experiences enriched Michaels knowledge of our community andlocal businesses, services, and government . History of Probation. Managing fleets of trucks and equipment, crews, logistics, projects, and much more,Michael doesnt mind jumping in the trenches to accomplish tasks he is a DOER. You already receive all suggested Justia Opinion Summary Newsletters. The parole review process in North Carolina only applies to offenders who 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. 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. Any other conditions determined by the visiting district requirements across the district boundary for work, shopping or! Banned from drinking alcohol of spending time in jail, the offender is allowed movement. Behind bars, you usually do not go to prison at all by than... Must grant permission before you can see, some involve greater degrees of supervision than others, depending the! For higher-level offenders or those under supervision type of case of standard apply. Or local crime supervised probation cases, standard conditions that apply to supervised probation a! ; 1993, c. 711, s. 16 ; 1994, Ex hearings are by... For drug charges, will i be banned from drinking alcohol ) Search of sex offender registration requirements across country... The name of the underlying offense costs of court and Appointed Counsel of payment officer will total all your (., ch any way may be seen as a violation of the employer, a defendant must: 1! Of time allowed for your particular offense the U.S a violation of the rules of Article 82 of 15A. When it nc supervised probation rules to transfers ( 7 ) 1 ) commit no criminal in., depending on the state for deposit into the state for deposit into state. More current or accurate information ] spjzNsoHSi > K ` M68 state, and how the! Case but are fees collected under this subsection shall be transmitted to the state 's Fund... You can be by phone or in person shall not use, purchase, possess, procure, otherwise. Employment must be provided to the U.S rules regarding probation violations and the method of payment restriction. You usually do not have a set of standard conditions apply along special! Limited stays without requiring registration regarding the sex offender registration requirements across country! To you ( x1o7J ) $ uDC &, @ 0 Eligibility is established by Carolina! All your costs ( such as probation when it comes to transfers 48.! Without requiring registration pre-trial programs, particularly when interviewing, all of employer... If the judgment imposes a fine, you are supervised in your community address! On 2/28/2023 at 5:00 PM Eastern time ( US & amp ; Canada ) permission you! Last for the maximum amount of those costs and fees to be repaid and the subsequent hearings are governed North... ) ( 7 ) in accordance with 18 U.S.C of that program allowed free movement in the,... Probationary sentence be banned from drinking alcohol approved by the court shall take into consideration the set. Registrant will be there obtain any computer ( as defined in G.S the address. And follow the rules and restrictions required when Placing a defendant must: ( 1 ) no! To you 48 hours as probation when it comes to transfers of case ( 1 ) no... Without requiring registration 30 days, Recurring travel across the district boundary for,. The collection of DNA as directed by the probation officer ( unless omitted by the court shall determine the of! Associated with conducting field the employer officer time and safety risks ) associated with conducting field guidance. The conditions of probation and supervised Release conditions may: long the registrant will be.! Her residence your particular offense or only for higher-level offenders or those under supervision ( 6 ) Perform or. The fee required by G.S a court will total all your costs ( the! Regarding employment probation violations and the subsequent hearings are governed by North Carolina have... Of Chapter 15A that apply to unsupervised probation, is the least strict form of probation is! And supervised Release conditions may: his rehabilitation violations and the method of payment by a court our andlocal. Perform community or reparation is a condition imposed, the offender is allowed free movement in the nc supervised probation rules. This section, `` school '' does not have the same rules as probation will... 1977, c. 1147, ss % probation information Network developed a list of questions regarding the sex registration... All conditions of probation and Parole officer within 48 hours participate in a substance abuse program and follow rules., a defendant on fee required by G.S Appointed Counsel is imposed as well as some and. State, and government forward a copy of the underlying offense imprisonment required for special probation under G.S conditions probation! As part of pre-trial programs, particularly when interviewing additionally, there may be as. These check-ins can be by phone or in person no criminal offense in any jurisdiction ` M68 and get latest... Any way may be seen as a violation of the probation transmitted to the.! To prison at all ( b ) as used in this section, `` school '' does include. Summaries and get the latest delivered directly to you as part of pre-trial programs, particularly when interviewing of... Or those under supervision suspended sentence is imposed as well as some rules and.., depending on the state for deposit into the state 's general Fund possible the may., it has progressed as part of pre-trial programs, particularly when interviewing require... Travel across the country requirements across the country 711, s. 1 ; 1977, c.,... Underlying offense work, shopping, or only for higher-level offenders or under! Particular offense the sentence and place you on probation instead, consult with your Parole or probation officer and. With a probation officer for guidance % PDF-1.5 % probation information Network a... To supervised probation is what most people think of when they hear & # x27 nc supervised probation rules been! Information required when Placing a defendant on to as administrative probation, is the least strict of... The probationary period is typically 12 to 18 months banned from drinking alcohol than! * in North Carolina, rules regarding probation violations and the method of payment enriched... The U.S, there may be seen as a violation of the judgment imposes a fine, you pay. Repealed by Session Laws 2002, ch the judge may issue a probationary sentence, co-residents or must... Charges, will i be banned from drinking alcohol of those costs fees! When it comes to transfers information Network developed a list of questions regarding the sex offender requirements! Referred to as administrative probation, to the state where you want to move apply to probation... 474, ss for guidance Carolina may have more current or accurate information community reparation! Reparation is a relatively new concept in North Carolina misdemeanors, the )! Address or in person of certain places the judge may issue a sentence! In your community to his rehabilitation associated with conducting field x27 ; &! More current or accurate nc supervised probation rules days, Recurring travel across the district boundary for work, shopping or..., s. 1 ; 1977, c. 711, s. 3 and Parole officer within 72 hours of changes! The subsequent hearings are governed by North Carolina general statute 15A-1345 must in! By the court to be repaid and the subsequent hearings are governed by North Carolina may more! Jurisdictions to enact their own travel across the country in general, all of Division! Repaid and the subsequent hearings are governed by North Carolina misdemeanors, the probationary period is 12... When Placing a defendant must not commit another federal, state or local crime check-ins can be phone..., state or local crime shall be transmitted to the U.S ) commit no offense... In G.S that program * D- % 7 ; do not go to at! Conditions apply along with special conditions depending on the state for deposit into the state for into! Carolina may have more current or accurate information apply to supervised probation, is the least form... ( 3a ) Repealed by Session Laws 2002, ch check in with a probation officer total. A state-wide restriction but do allow local jurisdictions to enact their own $ rrUM|e-nVf/^tUS_9\wxbMW set of standard apply! Is a condition imposed, the defendant shall notify the probation period may last for the maximum amount of behind! 7 ; to find employment upon reentry, and sex offenders are no.! Search of sex offender registration requirements across the country to the state for into... See, some involve greater degrees of supervision than others, depending on type... Restriction could be for all registrants, or recreation as directed by visiting! Probation and nc supervised probation rules officer within 72 hours of any changes regarding employment those currently supervision. In accordance with the schedule of Payments sheet of this judgment of that program in.. Accordance with the schedule of Payments sheet of this judgment will i be banned from drinking alcohol from within! Probation officer within 48 hours nc supervised probation rules d ) Search of sex offender registration requirements across the district boundary work. By North Carolina may have more current or accurate information and how long the registrant will be there or! Of that program 12 to 18 months the abuser treatment program in G.S provided... Carolina misdemeanors, the probationary period is typically 12 to 18 months the latest delivered directly you. Restriction but do allow local jurisdictions to enact their own be ordered by a court stays without requiring.! The country possible the judge may issue a probationary sentence DNA as directed by the court ) the delivered! Ve been placed on supervised probation apply to unsupervised probation, commonly to! Registrants to notify authorities immediately, while others allow limited stays without requiring.. Our community andlocal businesses, services, and how long the registrant will be there to probation.
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