DAC’s Auditing Authority

Many of you have received one of those letters: a notice from the N.C. Department of Public Safety, Division of Adult Correction (DAC), Section of Combined Records, seeking “clarification” of a judgment. Combined Records audits judgments as they come in, identifying issues and sentencing errors and bringing them to the attention of the court system. Today’s post considers the legal basis for this review, and some of the issues it raises.

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Sex Crime Tiers under Federal Law

Like most states, North Carolina has not substantially implemented the federal Sex Offender Registration and Notification Act (SORNA). (Only 17 states have.) Nevertheless, some portions of the federal law wind up impacting sex offenders in North Carolina. As discussed in previous posts, as a matter of existing state law, a judge may not grant a petition for removal from the sex offender registry if doing so would violate the “federal Jacob Wetterling Act, as amended, and any other standards applicable to the termination of a registration requirement or required to be met as a condition for the receipt of federal funds by the State.” G.S. 14-208.12A(a1)(2). With that requirement in place, federal rules regarding minimum registration period effectively trump the state-law regime allowing a non-lifetime registrant to petition for removal 10 years after the date of initial county registration. The minimum registration periods under federal law are 15 years for so-called “Tier I” offenses (reducible to 10 years in certain circumstances), 25 years for “Tier II” offenses, and life for “Tier III” offenses.

That longwinded introduction brings me to the real purpose of today’s post. To apply the state law referencing federal law correctly, you need to know the tier into which the registrant’s reportable offense would fall. Federal law defines the tiers mostly by reference to federal crimes. In today’s post I will summarize the federal laws and regulations regarding tiering, including all of the relevant definitions of qualifying acts.

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Revised Sex Offender Flow Chart (March 2015 edition)

It’s time to post an updated sex offender and monitoring flow chart. I was going to do it last week, but I’m glad I didn’t. Yesterday, the Supreme Court of the United States reversed North Carolina’s appellate courts on an issue that may impact the constitutionality of SBM. The new chart, available here, incorporates Grady v. North Carolina and includes several other changes.

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When Probation Begins

When a defendant is convicted of more than one crime, there are decisions to be made about how the sentences for those convictions will fit together. Generally speaking, they may be consolidated for judgment, allowed to run concurrently, or set to run consecutively. If at least one of those judgments suspends a sentence and places the defendant on probation, the judge has an additional decision to make regarding when probation begins.

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Restitution for Rewards

Suppose a crime victim offers a reward related to a crime—money for information leading to the return of stolen property, or perhaps information leading to the apprehension of an assailant. If the reward works and leads to a person’s conviction, may the court order the defendant to pay the victim restitution for the reward? Today’s post considers that question, and the related question of whether it is proper to order restitution to third parties that offer rewards, like crime stoppers.

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2015 Sentencing Commission Statistical Report Available

It’s a snow day across much of North Carolina. If your power is on (and your internet connection is working), today’s post will give you something to read by the fire. Allow me to make my annual plug for the North Carolina Sentencing and Policy Advisory Commission’s Structured Sentencing Statistical Report for Felonies and Misdemeanors.

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