I can’t be the only one who has a tough time keeping track of what sanctions are permissible in response to different types of probation violations in different types of cases. It’s the kind of thing that requires a chart. And you know I love a chart.
Jamie Markham
North Carolina’s Warrantless Search Conditions
In North Carolina, probationers, post-release supervisees, and parolees are subject to warrantless searches—sometimes by a probation-parole officer, sometimes by law enforcement officers. The statutory conditions that apply to each type of offender and officer are not identical. Today’s post collects them all in one place. Before getting into any of the complicated issues about the constitutionality of a warrantless search of a supervised offender, a sensible starting point is a careful look at the language of the search condition itself.
Rollover Jail Credit
When a person has pretrial jail credit shared between multiple charges, and those charges result in consecutive sentences, the shared jail credit gets applied only once. Does it matter which individual sentence gets the credit?
2017 Cost Waiver Reports Available
The Administrative Office of the Courts recently submitted two reports on criminal cost waivers to the General Assembly. The first report covers court cost waivers under G.S. 7A-304(a). The other is about costs remitted upon remand from superior court to district court under G.S. 15A-1431(h). Both reports sort waivers by district or county and by individual judge.
2017 Sentencing Commission Statistical Report Available
It’s a chilly, blustery day in Chapel Hill, but I see signs of spring. The days are getting a little longer. College basketball season kicks into high gear tonight. And there are only four days until pitchers and catchers report. But one of my favorite signs that we’ve completed another trip around the sun and are starting to tilt toward it has also arrived: the North Carolina Sentencing and Policy Advisory Commission has issued its annual Statistical Report for Felonies and Misdemeanors.
Probation Supervision, Behind the Scenes
What’s a structured intervention worksheet? What’s a Carey Guide? And what do judges and lawyers need to know about those things to interface with Probation effectively?
Notice of the Duty to Register as a Sex Offender
When a defendant is convicted of a reportable sex crime, someone is required to give him or her notice of the duty to register. Who does it depends on whether or not the defendant receives an active sentence.
Sentencing Handbook for 2016-2017 Now Available
The 2016-2017 edition of the North Carolina Sentencing Handbook with Felony, Misdemeanor, and DWI Sentencing Grids, authored by me and Shea, is available from the School of Government. Like previous editions, it contains instructions on felony sentencing, misdemeanor sentencing, and DWI sentencing; the sentencing grids themselves; and various appendices that may be helpful in your work.
Petitions to Terminate Sex Offender Registration: Moir Tiers
Last month the supreme court decided State v. Moir. It is a case about how a state sex crime—namely, indecent liberties with a child—fits within the offense tiering system set out in the federal Sex Offender Registration and Notification Act (SORNA).