Last week the court of appeals decided another case involving the sex offender premises restriction in G.S. 14-208.18. The defendant was convicted of being within 300 feet of a church preschool.
Jamie Markham
Habitualized Sex Crimes
Suppose a defendant is convicted of a Class F–I felony that requires registration as a sex offender. He is also convicted as a habitual felon. When sentencing the defendant as a habitual felon, the court obviously will select a minimum sentence appropriate for an offense that is four classes higher than the underlying felony. But what maximum sentence should the court impose? Should it use the regular maximum sentence from G.S. 15A-1340.17(e), or the elevated sex offender maximum from subsection (f)?
Three-Year Review of Probation
When a probationer has served three years of a probationary period greater than three years, the probation officer is required to bring the case before the court for a mandatory review. The review has one statutory purpose: to give the court an opportunity to terminate probation early.
The Courts’ Limited Role in Post-Release Supervision
Before 2011, post-release supervision (PRS) was a bit of a novelty. Back then, only Class B1–E felons received PRS, and they account for only 15 percent of all felons. For offenses committed on and after December 1, 2011, the Justice Reinvestment Act amended the law to require post-release supervision for all felons who serve active time, regardless of offense class. As a result, there are now close to 10,000 post-release supervisees in North Carolina. More offenders means more questions. And one of the most common questions is what role, if any, the courts have in the administration of post-release supervision. The answer: very little.
Consecutive Splits
I am asked from time to time whether imprisonment terms for special probation (split sentences) may be run consecutively. I think they probably may.
Consolidation of Sentences
North Carolina sentencing law allows multiple convictions to be consolidated for sentencing. Consolidation of felonies is governed by G.S. 15A-1340.15(b); G.S. 15A-1340.22(b) covers misdemeanors. The rule is the same for both types of crimes: when you consolidate offenses for judgment, the court imposes a single judgment, with a single sentence appropriate for the defendant’s most serious conviction. It’s a pretty extraordinary thing when you think about it. Notwithstanding all the fine-tuned, mandatory math that goes into the sentencing of a single offense under Structured Sentencing, the law allows virtually unfettered discretion to disregard all but the most serious offense for a defendant convicted of multiple crimes. Today’s post collects some of the rules for consolidation.
Revised Sex Offender Flow Chart (October 2015 Edition)
With the General Assembly done for the year, it’s time to post an updated sex offender registration and monitoring flow chart. A major reorganization of the sex crimes in Chapter 14 necessitated more changes than usual.
Revoked, but Still on Probation?
I was surprised by one of the provisions included in the omnibus criminal law bill, S.L. 2015-247, that Jeff summarized yesterday. The act amended G.S. 15A-1347 to say that when a defendant whose probation is revoked in district or superior court appeals that revocation, “probation supervision will continue under the same conditions until the termination date of the supervision period or disposition of the appeal, whichever comes first.” The change was effective immediately when the governor signed it on September 23, and people are already asking what it means. Here are my thoughts.
What Absconding Isn’t
A recent case from the court of appeals helps inform our understanding of what it means to abscond from probation under the statutory absconding condition in G.S. 15A-1343(b)(3a).