With the work of the court system picking up steam after its holiday pause—perhaps with an additional interruption for winter weather in some parts of the state (stay safe, everyone)—questions are rolling in about the new notice and hearing procedures for waivers and remissions of costs, fines, and restitution.
Jamie Markham
Adequate Notice of a Probation Violation: State v. Moore
When it comes to giving proper notice of a probation violation, what is the critical thing: identifying the condition actually violated, or describing the behavior constituting the violation? The supreme court tells us in State v. Moore.
New Gang Sentencing Enhancements
Two new sentencing enhancements related to gangs will come into effect for offenses committed on or after December 1, 2017.
Evaluating the Sincerity of an Inmate’s Religious Beliefs
Inmates do not forfeit the right to practice their religious faith while they are incarcerated. But of course that right is not unlimited. Officers can impose certain restrictions when an inmate’s religious practices would conflict with the institution’s legitimate interests in safety, security, and good order. There is a lot of case law about those restrictions, both as a constitutional matter under the First Amendment, and under a federal statute, the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. § 2000cc-1(a)(1)–(2)—which is even more protective of inmates’ rights than the Constitution.
Jail Credit Basics
I get at least one jail credit question almost every day. How jail credit is tabulated and applied can be as important as the sentence itself in determining how long a person will be behind bars. Today’s post covers the basics, which are sometimes misunderstood.
I’m Just a Civil Judgment
Many of you probably remember the “I’m Just a Bill” segment from the Schoolhouse Rock! series. It explained—through a musical number that will be stuck in your head all day—how a bill becomes a law. I didn’t compose a song, but in today’s post I’ll attempt to explain what actually happens to the thousands of civil judgments entered for various monetary obligations in criminal court.
Probation Officers’ Use of Naloxone and the Good Samaritan Law
Like many government agencies, Community Corrections is working to address the opioid epidemic. (Jeff wrote about some of the other things the government is doing here.) Under a new administrative policy, North Carolina probation officers are carrying Naloxone kits to respond to probationers and others experiencing a drug overdose. The policy raises questions, including some related to the limited immunity available under the Good Samaritan law in G.S. 90-96.2.
The Prior Probation Violation Aggravating Factor
One of the statutory aggravating factors for felony sentencing is that the defendant has, during the 10-year period prior to the commission of the offense now being sentenced, been found to be in willful violation of probation, post-release supervision, or parole. G.S. 15A-1340.16(d)(12a). It sounds straightforward enough, but it turns out to be a little tricky to apply in practice.