Last month, the General Assembly passed Session Law 2025-93 (H 307), also known as Iryna’s Law. The legislation makes a number of changes to proceedings involving pretrial release; adds a new aggravating sentencing factor; alters the way magistrates may be disciplined; and expands the permissible methods of execution, among other things. This post focuses on the changes affecting pretrial release, most of which will take effect on December 1, 2025.
conditions of release
2019 North Carolina Conditions of Release Report
We previously produced information about the prevalence of secured bonds at the state and county level. In this report we update that work with 2019 data and look at changes in the imposition of financial and non-financial conditions in North Carolina. A few key takeaways from our research:
May a Magistrate Impose Conditions on a Defendant’s Conduct While in Pretrial Detention?
This question in the title of this post came up in a recent class. The specific context involved a domestic violence defendant who was in jail waiting for a judge to set conditions of release pursuant to the 48 hour rule established in G.S. 15A-534.1. But a similar issue arises whenever a magistrate sets conditions of release for a defendant who is unable to make bond and so remains in pretrial detention. An example of a common condition is that the defendant not contact the alleged victim.
I’ve Been Arrested . . . But Committed No Crime
[Author’s Note: This post has been substantively edited to make corrections in response to helpful comments from readers.]
A person generally may not lawfully be arrested unless there is probable cause to believe he has committed a crime. But there are several exceptions to this rule. Most involve arrests made pursuant to an order for arrest issued by a judicial official. A judicial official may, for example, issue an order for the arrest of a defendant who fails to appear in court or who violates conditions of probation. See G.S. 15A-305(b). And there is one circumstance in which a law enforcement officer may, without a judicial order or warrant for the defendant’s arrest and without probable cause to believe a crime has been committed, arrest a defendant. That’s when the officer has probable cause to believe the defendant has violated a condition of pretrial release. G.S. 15A-401(b)(1),(b)(2)(f.).