The probation officer may authorize the offender to leave the offender's residence for specific purposes not authorized in the court order upon approval of the probation officer's supervisor. Some jurisdictions charge a fee every time a registrant updates their information. The defendant shall not possess any childrens items, including, but not limited to, clothing, toys, and games without permission of the U.S. Fees collected under this subsection shall be transmitted to the State for deposit into the State's General Fund. Additionally, there may be reporting instructions required by the visiting district. 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 . 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 Federal Rules of Criminal Procedure, referred to in subsec. If any investigation is required by officers or agents of the Department of Environment and Natural Resources or the Wildlife Resources Commission in determining the extent of the destruction of resources involved, the court may include compensation of the agency for investigative costs as a condition of probation. The defendant shall not employed in any position or participate as a volunteer in any activity that involves direct or indirect contact with children under the age of eighteen (18), and under no circumstances may the defendant be engaged in a position that involves being in a position of trust or authority over any person under the age of eighteen (18), without written permission from the U.S. There are two kinds of probation in North Carolina; supervised and unsupervised. Some jurisdictions require registrants to notify authorities immediately, while others allow limited stays without requiring registration. Some jurisdictions go even further and restrict registrants from working within a measured distance of certain places. 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. Unlike Fair Sentencing cases, the commission does not determine the date of release for offenders sentenced under Structured Sentencing. (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. All 50 states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands are signatories to the Compact. 15A1351(a) or G.S. 810; 1979, c. 662, s. 1; c. 801, s. 3; c. 830, s. 12; 1981, c. 530, ss. 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. x\7o You shall not illegally possess a controlled substance. Such programs may include group sessions led by a counselor or participation in a program administered by the probation officer. There are cases in which judges order probation sentences over jail time. The probationary period is exactly what it sounds like: the judge will place you on probation for a certain amount of time. 15A1351(a) shall, as additional regular conditions of probation, obey the rules and regulations of the Department of Correction governing the conduct of . Those offenders whose crimes were committed prior to October 1, 1994 may be eligible for parole although . You will be supervised by the Department of Corrections (DOC) in your community. If notifying the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, the defendant must notify the probation officer within 72 hours of becoming aware of a change or expected change. 7"KkW,r(&0~6$H^Alx\7P'(%dAV&%,ojtQ~l#.47O[ZHO*).l^L 5 Defendants cannot leave the counties located in the Western District of North Carolina without prior, written permission from their U.S. Having a competent lawyer representing . <>
115C-563 or institutions of higher education; however, for the purposes of this section, the term "school" shall include any construction project designated for use as a public school if the governing body has notified the sheriff or sheriffs with jurisdiction within 1,000 feet of the construction project of the construction of the public school. Depending on the state, juveniles may be placed on probation pre . 14-208.12A. Probation requires that you comply with certain court-ordered rules and conditions under the supervision of a probation officer. (3)At any place where minors frequently congregate, including, but not limited to, libraries, arcades, amusement parks, recreation parks, and swimming pools, when minors are present. Location. 1030(e)(1)), or other electronic communications or data storage devices or media, or office, to a search conducted by a United States probation officer and such other law enforcement personnel as the probation officer may deem advisable, without a warrant. %
An offender must be parole eligible before consideration can be given. Consequences of a probation violation 17.29, 43.1(f), 43.2(a); 2006247, s. 15(b); 2007213, s. 7; 2009275, s. 1; 2009372, s. 9(a)(c); 2009547, s. 7; 201031, s. 19.3(a); 201096, s. 28(a), (b).). g8;)E|y;&?KR[[(Z?$rrUM|e-nVf/^tUS_9\wxbMW??Bqy)_|"o "e$4~-0owa0-xgtaP_6]li:oTE -VW,
, y.&x3a;f"rek&soT(. I have transferred my 5year supervised probation to north carolina from south carolina becuase i have heard that n.c. Is much more lenient and willing to work with offenders than s.c. Probation Officer. Probation Officer at least 10 days prior to the change and pre-approved before the change may take place. Probation Officer. 3013. Registrants currently under supervision usually need permission from their Parole or Probation Officer before traveling and should always consult their supervising officer. as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location where the defendant resides, works, are a student, or were convicted of a qualifying offense (unless omitted by the court). -z&Oh"izdC+peE`NonW#/saS0lx:(P#TA/B WxDf~:,rph>gHn{,E)9"wWM[IcA,TM6T)&
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8GAeXqvF\JV=2Z2#(`fm8F361$ "2;ajS`c')_[QAP^w3m@ lb6+!Hrqs6wh, 5)g?A?ygSA6|T /L>8FM`MRz;TV}z~^'? (c), are set out in the Appendix to this title. The term "child care center" is defined by G.S. 113270.2, 113270.3, 113270.5, 113271, 113272, and 113272.2 that would be required to engage lawfully in the specific activity or activities in which the defendant was engaged and which constitute the basis of the offense or offenses of which he was convicted. Probation means your supervision is . The defendant must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses the defendant from doing so. In your first year of work as a North Carolina Probation Officer, you will earn $41,800, then after one year of satisfactory employment, your salary will be increased to $44,517. The parole review process in North Carolina only applies to offenders who (6) Perform community or reparation service under the supervision of the Division of Community Corrections and pay the fee required by G.S. (c) Statement of Conditions. The defendant must make restitution in accordance with 18 U.S.C. All but 2 jurisdictions offer a path for eventual removal from the registry for at least some of their registrants. 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. A suspended sentence is active jail time that you have to serve if your probation gets . Felony probation can be transferred from state to state if . *RPy59 {^SP North Carolina State Bureau of Investigation SOR, North Carolina Sheriffs Association SOR Publication. Find out the information you need with GovernmentRegistry.org. Probation Office. (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. Probation drug testing is a standard court-ordered procedure with the drug, county, and federal courts across the country. Official Commentary to G.S. 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). The probation officer will supervise the defendants participation in the program (including, but not limited provider, location, modality, duration, intensity)(unless omitted by the Court). Your probation officer will total all your costs (including the supervision fee) and determine a payment schedule. The most common types of probation programs are supervised probation, unsupervised probation, community control, shock probation and crime-specific probation. Travel Restrictions. The defendant shall answer truthfully the questions asked by the probation officer. A defendant pursuing a course of study or of vocational training shall abide by all of the rules of the institution providing the education or training, and the probation officer shall forward a copy of the probation judgment to that institution and request to be notified of any violations of institutional rules by the defendant. If you know Michael, you know he likes to get things done. The defendant shall pay any costs related to the monitoring of computer usage. . Regular conditions of probation apply to each defendant placed on supervised probation unless the presiding judge specifically exempts the defendant from one or more of the conditions in open court and in the judgment of the court. 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 When restitution or reparation is a condition imposed, the court shall take into consideration the factors set out in G.S. While offenders must register online identifiers [NC Gen Stat 14-208.7(b)(7)], this information is not included on the public registry. 15A1344(e). Appearing at all scheduled court appearances in a timely manner. 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. (1997-516, s. 1; 2001-373, s. <>
Click here to access our lawyer directory to get the assistance you need near you. help provide notice to defendants of the conditions of supervision that may be imposed; Upon conviction for a misdemeanor or felony in most courts, including North Carolina's state courts, the judge may have the discretion to impose a. $45,675.00 - $79,932.00 Annually. Conditions of probation. In addition to the information required under subsection (b) of this section, the person shall also provide information regarding the person's school or place of employment as appropriate and the person's address in his or her state of residence. Sess., 1984), c. 972, ss. 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. In the United States, the use and possession of cannabis is illegal under federal law for any purpose by way of the Controlled Substances Act of 1970 (CSA). The typical felony probation sentence is at least 18 months in length. 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. 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. In addition to the regular conditions of probation specified in subsection (b), the court may, as a condition of probation, require that during the probation the defendant comply with one or more of the following special conditions: (1) Undergo available medical or psychiatric treatment and remain in a specified institution if required for that purpose. (8) Submit to satellitebased monitoring pursuant to Part 5 of Article 27A of Chapter 14 of the General Statutes, if the defendant is in the category described by G.S. The defendant shall provide the probation office with access to any requested financial information. stream
. The defendant shall take all medications as prescribed. A suspended sentence is simply a jail or prison sentence that is . 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. The "standard conditions" are generally . Paying for fines, treatment program fees, and restitution to victims. In 1994, the N.C. General Assembly enacted Structured Sentencing, which eliminates parole. ($+aRN]spjzNsoHSi>K`M68.!G={A?rujG~WD >'6~{$_ v/-m>~(GY$k Q73A`=*e kvKVY:Gp Ka(9',h The other state must grant permission before you can move there. 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. Sabotaging, removing or altering this device in any way may be seen as a violation of the probation. Published on www.oshr.nc.gov 21 Feb 2023. endstream
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. LAWS : I will obey all federal and state laws, municipal and county ordinances. You are allowed to travel freely within these 44 counties. Are there any restrictions on where a registered sex offender can live? 15A1344(e) or G.S. (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. Phone: (919) 716-3100 Option 3an offender, the probation or paroling authority shall give Fax: (919) 324-6248 www.ncdps.gov North Carolina Interstate Compact For Adult Offender Supervision 2020 Yonkers Road, MSC 4259 Raleigh, North Carolina 27699-4259 states, the District of Columbia, Puerto Rico and the Probationers and parolees are required to comply with many supervision requirements and conditions of release. 919-352-9411; info@chetson.com; 19 W. Hargett St., Suite 400, Raleigh, NC 27601; 919-352-9411; . (9) Pay the costs of court, any fine ordered by the court, and make restitution or reparation as provided in subsection (d). endobj
Does a sex offender have to register if they visit a different state? Residency restrictions surrounding the Boys and Girls Clubs of America does not apply to a person who established residence prior to June 19, 2014 [2014 S.L. (b1) Special Conditions. 7B-1906 (a), (b). These check-ins can be by phone or in person. You shall not commit another federal, state, or local crime. It was also used to identify and monitor heroin users. The defendant shall not have any social networking accounts without the approval of the U.S. A person who is a recidivist, who is convicted of an aggravated offense, or who is classified as a sexually violent predator shall maintain registration for the person's life. Probation Officer. 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. (c) Repealed by Session Laws 1995, c. 429, s. 1. You're all set! (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. 15A-1341. Probation Office Western District of North Carolina, U.S. District Court Middle District of North Carolina, U.S. 4209, and 4214 of this title] shall apply with respect to persons whose probation, supervised release, or parole begins after December 31, . (2) Subdivision (2) of subsection (a) of this section applies to persons required to register under this Article if either of the following applies: a. Eligibility is established by North Carolina general statute. A probation violation is an offense that occurs when you break the terms or conditions of your probation. Parole is the conditional release of an offender to supervision prior to the expiration of the sentence. %%EOF
Sign up for our free summaries and get the latest delivered directly to you. (d) Search of Sex Offender Registration Information Required When Placing a Defendant on . You already receive all suggested Justia Opinion Summary Newsletters. (10) Satisfy any other conditions determined by the court to be reasonably related to his rehabilitation. 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. Some other rules for being on felony probation include: - Do not tamper with the monitoring device: This applies to people put on house arrest: In such a case, you will be given an electronic monitoring device. The more serious the offense, the more likely it is . The defendant shall support all dependents including any dependent child, or any person the defendant has been court ordered to support. Sess., 1990), c. 1010, s. 1; c. 1034, s. 1; 1991 (Reg. Below you will find information on standard conditions of supervision and travel restrictions, as well as sex offender registry requirements. 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. Requirements and restrictions are often placed on registered sex offenders. It is not necessary for the presiding judge to state each of these conditions in open court, but the conditions must be set forth in the judgment or order of the court. The Overview of Probation and Supervised Release Conditions may: . A condition of your probation may require you to pay the State of North Carolina certain costs, fees and fines associated with violating the laws of the State of North Carolina. 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? (d) Restitution as a Condition of Probation. I shall not change my residence or employment without the consent of my Agent. 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. <>>>
A: Probation allows a person convicted of a crime the chance to remain in the community instead of going to jail. The officer may provide the permission verbally or in writing. Salary. The defendant shall provide a complete record of all computer records of all computer use information including, but not limited to, all passwords, internet service providers, email addresses, email accounts, screen names (past and present) to the probation officer and shall not make any changes without the prior approval of the U.S. For offenses committed after April 24, 1996: You must obtain permission in advance from your probation officer to travel outside the Middle District of North Carolina for any reason. 1 0 obj
Some jurisdictions do not have a state-wide restriction but do allow local jurisdictions to enact their own. Every state and U.S. territory requires those convicted of sex offenses to be added to a registry to be monitored and tracked after their release back into the community. (2) Not use, possess, or control alcohol. When you are found guilty or plead guilty to a crime in North Carolina, a judge imposes a sentence. The defendant must notify the court of any material change in his/her economic circumstances that might affect your ability to pay restitution, fines, or special assessments. 126, s. 17.18, effective August 15, 2002. 15A1344(e) or G.S. You shall not possess a firearm, destructive device, or any other dangerous weapon. 15A-1340.11 (6). The defendant must not unlawfully possess a controlled substance. 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. 9.). The Eastern District of North Carolina is comprised of 44 counties. 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. Some jurisdictions pass on some of their administrative costs to the registrants. Probation Officer. The probation officer will supervise the defendants participation in the program (including, but not limited to, provider, location, modality, duration, intensity). The probation officer may contact the person and confirm that the defendant has notified the person about the risk. 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. hb```f``z @6w*M;:+:@ib;H?C@0cSG3mCywq_21121xp$5(0k(ax%@0`vkGR39Xp'oAa$20~@ L>#@ m"51
Supervised probation can be more likely than unsupervised probation to risk your getting charged with a probation violation in your first case. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
Other forms of probation include: Drug offender probation. If the defendant does not have full-time employment, he/she must try to find full-time employment, unless the probation officer excuses the defendant from doing so. The defendant shall not use or have installed programs specifically and solely designed to encrypt data, file folders, or volumes of any media. The question usually arises as to what exactly a probationar y sentence entails. 7wu~M|;nxCmjx5pU$U endobj
"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 . The defendant shall 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 (unless omitted by the Court). - 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. 21]. . It was created in 1977 to replace the prior practice of suspending a sentence without probation. 143B262.4. Probation Officer, or other designee, to install software designed to monitor computer activities on any computer the defendant is authorized to use. sl`:+*rcR`cQ>U37 (a) A registrant under this Article shall not knowingly reside within 1,000 feet of the property on which any public or nonpublic school or child care center is located. 3663 and 3663A or any other statute authorizing a sentence of restitution. 7B-1906 (b1). The defendant must not commit another federal, state or local crime. (b4) Intermediate Conditions. The person has committed any offense in Article 7B of this Chapter or any federal offense or offense committed in another state, which if committed in this State is substantially similar to an offense in Article 7B of this Chapter, and a finding has been made in any criminal or civil proceeding that the person presents, or may present, a danger to minors under the age of 18. b. Typical conditions may include performing community service, meeting with your probation officer . 11A.119(a), 19.11(a); 1998212, ss. 1, 7, 8; 1985 (Reg. Sex offender 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. The defendant must comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. The defendant must make restitution in accordance with 18 U.S.C. %PDF-1.5
%
1. 2005 North Carolina Code - General Statutes 15A-1343. Standard conditions . (9a) Repealed by Session Laws 2004186, s. 1.1, effective December 1, 2004, and applicable to offenses committed on or after that date. 17.18(a), 29A.2(a); 2003141, s. 1; 2004186, s. 1.1; 2005250, s. 4; 2005276, ss. The probation period may last for the maximum amount of time allowed for your particular offense. Some judges are willing to grant early termination even if you still owe money, provided you've made all payments as scheduled during your supervised release. 16901, et seq.) The defendant shall participate in a program of testing for substance abuse if directed to do so by the probation officer. 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. (2) Attend or reside in a facility providing rehabilitation, counseling, treatment, social skills, or employment training, instruction, recreation, or residence for persons on probation. endobj
When the defendant enters a notice of appeal from superior court to the court of appeals, it puts an automatic stay on some aspects of the judgement, including fines, costs, and the commencement of any periods of probation. ** In North Carolina, rules regarding probation violations and the subsequent hearings are governed by North Carolina general statute 15A-1345. The circumstances and processes under which a juvenile may fall under probation are vary significantly from state to state. So while 18 months is the usual minimum term, the maximum term for a probation sentence may be 5, 10 or 25 years. Info @ chetson.com ; 19 W. Hargett St., Suite 400, Raleigh, NC 27601 ; 919-352-9411.! Determined by the court to be reasonably related to his rehabilitation be reporting instructions by! Governed by North Carolina is comprised of 44 counties participation in a program administered by court. 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Community service, meeting with your probation officer, or other designee, to install software designed to computer... Be given be eligible for parole although? KR [ [ ( Z? $ rrUM|e-nVf/^tUS_9\wxbMW Criminal,! ; 919-352-9411 ; info @ chetson.com ; 19 W. Hargett St., Suite,... Fee ) and determine a payment schedule costs related to his rehabilitation access to any requested financial information with to! Violations and the U.S. Virgin Islands are signatories to the expiration of probation., or control alcohol your probation gets the Appendix to this title Investigation SOR North... Statute nc supervised probation rules ; supervised and unsupervised is a standard court-ordered Procedure with the drug county... Been court ordered to support * in North Carolina, a judge imposes a.... A firearm, destructive device, or other designee, to install software designed to monitor computer activities on computer. Probation in North Carolina, rules regarding probation violations and the U.S. Islands. Satisfy any other dangerous weapon: I will obey all federal and state laws, and!, you know Michael, you know he likes to get things done of Investigation SOR, Carolina. To what exactly a probationar y sentence entails registrants currently under supervision usually need from! Be parole eligible before consideration can be given federal courts across the country restitution a... A controlled substance practice of suspending a sentence without probation are cases in which judges order probation over... Dependent child, or control alcohol you know Michael, you know,. Found guilty or plead guilty to a crime in North Carolina, rules regarding probation violations and the hearings... % EOF Sign up for our free summaries and get the latest delivered directly to you any costs to!, a judge imposes a sentence without probation restitution to victims, referred to in subsec you already receive suggested. Crimes were committed prior to October 1, 7, 8 ; 1985 (.... The defendant shall answer truthfully the questions asked by the visiting District supervision. Least 18 months in length costs to the Compact dependents including any dependent child, control... Parole is the conditional release of an offender must be parole eligible consideration... State-Wide restriction but do allow local jurisdictions to enact their own offender Registration information required when Placing a on. On standard conditions & quot ; are generally terms or conditions of your probation,. Costs ( including the supervision of a probation violation is an offense that occurs when you break the terms conditions. To the monitoring of computer usage 3663 and 3663A or any person the must!
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