The continued supervision or imprisonment of hundreds of probationers and inmates is in question in light of State v. Sitosky, __ N.C. App. __, 767 S.E.2d 623 (2014), petition for discretionary review denied, __ N.C. __, 768 S.E.2d 847 (2015), and its interpretation of the probation tolling law. This post summarizes some of the latest developments related to the case.
I wrote previously (here and here) about the “donut hole” in the probation law regarding absconding. In short, due to a wrinkle in legislative effective dates, persons on probation for an offense committed before December 1, 2011 who abscond after that date cannot be revoked for absconding. Today’s post considers whether a similar phenomenon arises … Read more
Last week the court of appeals decided State v. Nolen, its first absconding “donut hole” case. Pardon the mixed metaphor, but here is the donut hole in a nutshell: The Justice Reinvestment Act said probationers who “abscond” under G.S. 15A-1343(b)(3a) after December 1, 2011 may have their probation revoked. But the absconding condition in G.S. … Read more
In 2012, a person on supervised probation for an offense that occurred before December 1, 2011 moves to another state without permission. Months later he is arrested there and brought back to North Carolina for a violation hearing. May he be revoked for absconding? I don’t think so. This post discusses why. Effective for offenses … Read more