The General Assembly amended G.S. 14-208.18, the law that makes it a Class H felony for certain registered sex offenders to go certain places. The changes are a response to Doe v. Cooper, a federal case in which the trial judge enjoined every district attorney in the state from enforcing the parts of the law he found to be unconstitutional. Today’s post takes a look at the revised law.
Jamie Markham
Other 2016 Legislation Related to Probation, Post-Release Supervision, and Parole
Prior posts looked at the new probation condition requiring a waiver of extradition and the new, new rules for jail credit for CRV. Today’s post covers the rest of this year’s most significant legislation related to probation, post-release supervision, and parole.
Another New Rule for CRV Jail Credit
A legislative session wouldn’t be complete without a new jail credit rule for confinement in response to violation (CRV).
New Probation Condition for Felons: Mandatory Waiver of Extradition
In Session Law 2016-77, the General Assembly made some changes the law of probation, post-release supervision, and parole. Though styled as “an act to amend provisions of the Justice Reinvestment Act,” the latest legislation makes some changes that go beyond the 2011 JRA. Today’s post summarizes one of the changes: a new requirement for supervised felony probationers to make a prospective waiver of extradition.
Running a Sentence Consecutively to an Anticipated Sentence
May the judge sentencing a conviction now order that it run consecutively to sentences the defendant might get in the future?
Keeping a Person Under Supervision When There’s No Sentence Left to Suspend
When a person has so much jail credit that he has served his entire sentence of imprisonment, may he nonetheless be sentenced to probation? In other words, may a court sentence someone to probation when there is no sentence left to suspend?
Some FAQ about Probation Violation Appeals
Today’s post gives my best answers to a few frequently asked questions about appeals of probation violation hearings.
What Level of Suspicion Is Required to Arrest for a Probation Violation?
There aren’t very many federal cases about North Carolina probation. When we get one, I’m inclined to write about it. In Jones v. Chandrasuwan, __ F.3d __ (4th Cir. 2016), the Fourth Circuit announced a new rule about the level of suspicion required to arrest a probationer for a suspected probation violation.
Deferred Prosecution: Who Steers the Ship?
The district attorney decides when to defer prosecution. But if that deferral includes probation under G.S. 15A-1341(a1), the court has a role in the process—including what to do in response to a violation of the deferred prosecution agreement. Sometimes the State and the judge are on the same page. Sometimes they aren’t.