Prayer for judgment continued or a “PJC” is a common disposition in criminal cases, most frequently for traffic law violations or low-level crimes, where entry of final judgment is delayed indefinitely. We have previously covered when conditions on a PJC convert it to a final judgment, limits on the use of PJCs, sex offender registration and PJCs, whether a PJC can be expunged, collateral consequences of PJCs, and other contexts where questions about PJCs arise. A case from the Court of Appeals last year has generated renewed interest in dispositional PJCs. Dispositional or “true” PJCs typically serve as the final resolution of a case. This is in contrast with PJCs used to continue judgment for a set period of time so the defendant can satisfy some condition or for the court to otherwise remain involved in the case. Today’s post will examine that decision, offer thoughts on how defenders can mitigate the potential risk of a dispositional PJC, and discuss how an unwanted PJC might be avoided altogether.
Sentencing
Aggregating Value: A Prosecutor’s Guide to the New G.S. 15A-1340.16F
A new statute, effective next month (March 1, 2024), will give prosecutors greater power to combine the value of stolen property to justify a harsher sentence for certain financial crimes. S.L. 2023-151, § 2(a). Section 15A-1340.16F provides that if a person is convicted of two or more of the same financial crimes – embezzlement, false pretenses, or elder exploitation – the crimes may be “aggregated for sentencing” if: (1) the crimes were committed against more than one victim or in more than one county, and (2) the crimes were based on the same act or transaction or series thereof connected together or constituting parts of a common scheme or plan. The statute lays out a comprehensive arrangement for pleading, procedure, and punishment. This post explores the new law.
New Trafficking Fines Coming for Heroin, Fentanyl, and Carfentanil
My colleague Jeff Welty recently wrote about S.L. 2023-123 and changes to our death by drug distribution laws. He mentioned changes to the mandatory drug trafficking fines for certain drugs there, but I wanted to follow up on that point with the details. The new law, with new fines for certain controlled substances, takes effect on December 1, 2023. This post examines the coming changes to drug trafficking fines. Consistent with my defender-focused role, it also explores potential constitutional issues defenders might consider raising in cases where the new fines apply.
2023 Satellite-Based Monitoring Revisions
The General Assembly last amended our satellite-based monitoring (“SBM”) laws in 2021, substantially reworking who qualifies for SBM, the process of petitioning for termination of SBM, and the potential length of SBM (among other changes). If you are still adjusting to those new rules, buckle up. Tucked into the back of S.L 2023-143 (SB 20) are new amendments that once again substantially revise North Carolina’s SBM scheme (in Part VIII, starting at page 44 of the linked bill), effective for SBM orders entered on or after October 1, 2023. This post examines those changes and their potential implications.
Taking a Leave to Work for the New Department of Adult Correction
Effective January 1, 2023, the state correctional system was transferred from the Department of Public Safety to its own cabinet-level department, the Department of Adult Correction. S.L. 2021-180, sec. 19C.9. The new department includes prisons and probation; juvenile justice will stay in the Department of Public Safety. After 16 years at the School of Government, I will be taking a leave of absence to work as the Senior Policy Advisor for the new department.
Findings in Support of Sex Offender Registration after State v. Fuller
Most crimes on the list of reportable offenses automatically and mandatorily require registration upon conviction. As discussed in an earlier post, however, some crimes require registration only if the sentencing court orders it. After I wrote that post, the Supreme Court of North Carolina issued an opinion on what findings can properly support a trial court’s conclusion that a conviction will require sex offender registration. Today’s post discusses that case, State v. Fuller, 2021-NCSC-20, ___ N.C. ___, ___ S.E.2d ___ (Mar. 12, 2021).
Another Look at Confrontation at Probation Violation Hearings
A new case from the Supreme Court of North Carolina gives us a chance to revisit the issue of a defendant’s confrontation rights at a probation violation hearing.
A Look at the 2022 Sentencing Commission Recidivism Report
The North Carolina Sentencing and Policy Advisory Commission released its biennial Correctional Program Evaluation, better known as the Recidivism Report. It is prepared in conjunction with the Division of Adult Correction and Juvenile Justice of the North Carolina Department of Public Safety, as required by G.S. 164-47. The full report is available here. It covers defendants placed on probation or released from prison in Fiscal Year 2019, and examines their subsequent arrests, convictions, and incarcerations during a two-year follow-up period.
No Appeal for District Court Probationers Who Waive Their Right to a Hearing
Under G.S. 15A-1347(b), if a defendant waives a probation revocation hearing in district court, he or she may not appeal the revocation or imposition of a split sentence to superior court for a de novo violation hearing. That law was enacted in 2013 as part of legislation designed to streamline the superior court caseload, focusing it on contested cases and those implicating a defendant’s right to a jury trial. S.L. 2013-385. I wrote a post about that law in 2014, here, wondering about some of the then-new law’s wrinkles. The Court of Appeals considered its first case under G.S. 15A-1347(b) last year in State v. Flanagan, 2021-NCCOA-456, 279 N.C. App. 228 (2021).
2021 Statistical Report for Driving While Impaired Convictions Now Available
Last week, Jamie blogged about the 2021 Structured Sentencing Statistical Report from the North Carolina Sentencing and Policy Advisory Commission. As Jamie noted, that report contains detailed information related to felony and misdemeanor sentences imposed in Fiscal Year 2021, including the most commonly used felony grid cell, the number of convictions by district, average probation length, and typical sentencing outcomes for the most charged offenses. Because that report analyzes felony and misdemeanor convictions and sentences imposed under the Structured Sentencing Act, it does not include information about one of the most commonly charged misdemeanors in North Carolina: driving while impaired, which is sentenced under the sentencing scheme set out in G.S. 20-179. The Sentencing and Policy Advisory Commission prepares a separate report each year analyzing those convictions, and the Driving While Impaired Convictions Statistical Report for Fiscal Year 2021 is available here. Read on for highlights from the report, which contains data about convictions under G.S. 20-179 from July 1, 2020 through June 30, 2021.