Last week, through a North Carolina Judicial College program, a group of judges, lawyers, and clerks visited DART Cherry, the state’s lone residential chemical dependency treatment facility for male probationers and parolees. It was an informative visit that, frankly, busted some myths about DART Cherry. Today’s post passes along some of what we learned.
Sentencing
Three Things about NC’s Seat Belt Law You May Not Know
State law has mandated seat belt use by North Carolina motorists for more than thirty years. The seat belt law has, however, changed a bit over time. As a result, not everyone is clear on who is covered, what is required, and what the penalties are for violations. This post covers the particulars of North Carolina’s seat belt requirements and addresses three common areas of confusion.
Sufficient Evidence of a Probation Violation
Probation violations need not be proven beyond a reasonable doubt. All that’s required is sufficient evidence to “reasonably satisfy” the judge that a violation occurred. What constitutes competent evidence of a probation violation? And how much proof is enough?
Revised Law Green-Lights Restitution to Insurers
For many years North Carolina law has prohibited insurers from receiving restitution directly from criminal defendants. That prohibition will end on December 1, 2016.
Consecutive Sentences for Criminal Contempt
One of the first posts I wrote on this blog was about the punishment for criminal contempt. The post included a discussion about whether sentences for contempt could be run consecutively—something our appellate courts hadn’t yet ruled on at the time. In State v. Burrow, decided last week, the court of appeals approved a trial court’s orders sentencing a defendant to six consecutive 30-day terms of imprisonment for contempt.
New Case on “Commit No Criminal Offense” Probation Violations Involving a Pending Charge
State v. Hancock, decided this week by the court of appeals, sheds new light on violations of the commit no criminal offense probation condition involving a pending charge.
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.