Improper Equipment Fee Is Punitive, Must Go to Schools

The Statewide Misdemeanant Confinement Program took a hit this week in the court of appeals. In Richmond County Board of Education v. Cowell, about half of the money that comes into the program fund—the $50 fee for anyone found responsible for an improper equipment violation—was deemed to be punitive. Under the North Carolina Constitution, the money must therefore go to the public schools.

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Writs for Incarcerated Defendants: Who Drives?

Sometimes a person who is already incarcerated for one crime needs to be prosecuted for another crime. A surprisingly common question, usually from a sheriff’s office, is who is responsible for getting the defendant-inmate to trial? The county that wants the inmate (the requesting county)? Or the county that has the inmate (the custodial county)?

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Vaping Behind Bars

North Carolina inmates are not allowed to have tobacco products, and other people are not allowed to give tobacco products to them. This session, the legislature changed the law—twice—to address the use of vapor products (like e-cigarettes) in our prisons and jails. Today’s post discusses those changes, beginning with some background on existing law. My … Read more