This post summarizes an opinion issued by the Supreme Court of the United States on April 20, 2020, and opinions issued by the Court of Appeals of North Carolina on April 21, 2020.
Jamie Markham
2020 Sentencing Commission Statistical Report Available
Correctional statistics have been in the news as we consider the impact of the coronavirus on our jails, prisons, and supervised populations. This week the Secretary of Public Safety announced a decision to extend the limits of confinement for certain categories of inmates under G.S. 148-4 (the general plan is outlined here). That (in conjunction with the existing moratorium on new entries) caused the prison population to fall throughout the week. Advocates continue to push for broader releases.
But today’s post isn’t about what’s happening now to get certain inmates out of prison. Instead, it’s a review of the last year’s worth of data on how those inmates got there in the first place. The North Carolina Sentencing and Policy Advisory Commission recently published its annual Structured Sentencing Statistical Report for Felonies and Misdemeanors. Here are the highlights.
Two-Week Moratorium on Inmate Transfers to Prison
Effective today, the North Carolina Department of Public Safety has placed a 14-day moratorium on the movement of inmates from the county jails to the state prison system. State officials made the decision with the support of the North Carolina Sheriffs’ Association to help manage the COVID-19 pandemic.
Sentencing Health Control Measures
Whenever I teach about Structured Sentencing, I usually start by saying that the law covers most North Carolina crimes, with a few exceptions. Capital felonies and violent habitual felons have their own sentencing rules. And of course so does impaired driving. But a final exception carved out of Structured Sentencing in G.S. 15A-1340.10 is G.S. 130A-25, failure to comply with health control measures. I don’t typically spend much time on those rules, though, as there are only a handful of convictions under them in the state each year (seven in 2019). Now seemed like a good time to take a look.
FAQs about Coronavirus and the Correctional System
Today’s post shares my answers to some of the questions I have been asked related to the impact of the coronavirus pandemic on the correctional system. As you might imagine, many of those questions are focused on ways to reduce jail and prison populations.
The Correctional System Responds to COVID-19 (and Some Preliminary Thoughts on Minimizing Correctional Interactions)
Shea’s earlier post discussed the court system’s response to COVID-19. This post shares some related information from the state correctional system.
Intermediate Probation Conditions
I have been asked a few times lately which conditions of probation are “intermediate” conditions of probation. It turns out to be a little bit complicated.
Implementing State v. Rieger: The One-Set-of-Costs-Per-Sentencing-Episode Rule
In State v. Rieger, ___ N.C. App. ___, 833 S.E.2d 699 (2019), the Court of Appeals held that court costs should be assessed only once for all related charges that are adjudicated together. I wrote about the case here. Today’s post looks at how the appellate courts have applied Rieger since it was decided last October.
Motion to Remit Monetary Obligations
In today’s post I’m sharing two draft forms with which a defendant might gather information about his or her financial situation and, based on that situation, request relief from various monetary obligations, including costs, fines, and restitution.
Proper Notice and Hearing on Judgments for Attorney Fees
Two recent cases from the Court of Appeals highlight a recurring issue related to money in criminal cases: the requirement to give a defendant notice and an opportunity to be heard before entry of a judgment for attorney fees.