Sentencing Whiteboard: A Typical Felony Probation Case after Justice Reinvestment

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What happens when a low-level felon serves a split and then gets quick-dipped, dunked, and eventually revoked? Today’s video post walks through a case like that from start to finish, including many of the jail credit wrinkles that have emerged since 2011. Long story short: things have gotten complicated. I hope you’ll take a look.

4 comments on “Sentencing Whiteboard: A Typical Felony Probation Case after Justice Reinvestment

  1. How would tolling during re-imprisonment effect the post release period while the offender served each 90 day CRV?

  2. Unlike probation, the PRS supervision period is tolled during a return to prison for a technical violation (the statutes don’t refer to that imprisonment as “CRV” in the PRS context). G.S. 15A-1368.3(c)(1).

  3. Say someone was sentenced to three 8-19 month terms at once for felony probation. After serving two 90 day crv’s, when the sentences are activated, and they are ran consecutive, do the two crv terms count independently towards each sentence leaving only 6 to 12 months to serve or is it 18 to 24 months left?

  4. Cliff: I discussed that issue in this post: http://nccriminallaw.sog.unc.edu/jail-credit-for-crvs/. It seems to me that under existing law the defendant gets credit against all of the sentences. Proposed legislation, H 253 (http://www.ncleg.net/Sessions/2015/Bills/House/PDF/H253v3.pdf), would have changed that by requiring that the credit be applied to only one sentence. However, the House passed the bill but the Senate did not, so it did NOT become law this session.

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