Jail Fees

With new legislation placing more inmates in the county jail—and with budgets continuing to be tight—I’ve been getting a lot of questions about jail fees. I’ve written about them in the past (see this post), but so much has changed since then that it’s time for another look. General Statute 7A-313 describes two types of … Read more

New Sentencing Grid(s) Available

The North Carolina Sentencing and Policy Advisory Commission recently posted online the new felony sentencing grid effective for offenses committed on or after December 1, 2011. The chart is available here. There are no changes to the front of the grid (the ranges of permissible minimum sentences), but the numbers on the back are increased … Read more

Happy Justice Reinvestment Day

It’s December 1, and a lot of new laws (the News & Observer counts 35) come into effect today. Among them is the Justice Reinvestment Act—or at least portions of it. To help with the transition, I’ve created a Justice Reinvestment resource page that includes links to “cheat sheets” summarizing the law (including relevant effective … Read more

The New G.S. 90-96

Last year, the Onion (my favorite news satire outfit) ran an article headlined “Nation Shudders at Large Block of Uninterrupted Text.” It’s a pretty funny take on modern society’s overreliance on things like bullet points and YouTube to process information. The headline made me think of G.S. 90-96. As most readers know, G.S. 90-96 allows … Read more

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Consolidated Judgments and DWI

The Structured Sentencing Act permits judges to consolidate convictions for multiple felony offenses entered at the same time or multiple misdemeanor offenses entered in the same session of court and to impose a single judgment that is consistent with the punishment required for the most serious of the consolidated offenses based on the defendant’s prior … Read more

Habitual Breaking and Entering

I wrote recently about how the Justice Reinvestment Act changes North Carolina’s existing habitual felon law (you can read that post here). This post examines a new recidivist offender statute created by the act: the status offense of habitual breaking and entering. Under the new law, set out in G.S. 14-7.25 through -7.31, a person … Read more

Changes to the Habitual Felon Law

As part of the Justice Reinvestment project, analysts from the Council of State Governments (CSG) looked at how the habitual felon law is used in North Carolina. In general, the analysts recognized the law as a valuable tool for prosecutors (its use was on the rise between 2005 and 2009), but they also cited some … Read more

Quick Dips

As I mentioned in a prior post, the Justice Reinvestment Act (S.L. 2011-192) creates a new set of “community and intermediate probation conditions” that can be ordered in any Structured Sentencing probation case. One of the new community and intermediate conditions, available for defendants on probation for offenses committed on or after December 1, 2011, … Read more

Confinement in Response to Violations (CRV) and Limits on Probation Revocation Authority

When analysts from the Council of State Governments studied North Carolina’s sentencing laws and correctional system, one of their key findings was that revoked probationers account for a lot of new entries to prison each year—more than half. The Justice Reinvestment Act (S.L. 2011-192) responds to that finding in several ways, one of which is … Read more

Community Punishment and Intermediate Punishment

Under Structured Sentencing, there are two types of non-active sentences: community punishment and intermediate punishment. Intermediate punishment is supervised probation plus at least one of six specific conditions of probation (special probation, residential program, electronic house arrest, intensive supervision, day reporting center, and drug treatment court). G.S. 15A-1340.11(6). A community punishment is any other non-active … Read more