The General Assembly last amended our satellite-based monitoring (“SBM”) laws in 2021, substantially reworking who qualifies for SBM, the process of petitioning for termination of SBM, and the potential length of SBM (among other changes). If you are still adjusting to those new rules, buckle up. Tucked into the back of S.L 2023-143 (SB 20) are new amendments that once again substantially revise North Carolina’s SBM scheme (in Part VIII, starting at page 44 of the linked bill), effective for SBM orders entered on or after October 1, 2023. This post examines those changes and their potential implications.
grady v. north carolina
SBM Is an Unreasonable Search in Grady’s Case
In Grady v. North Carolina, 135 S. Ct. 1368 (2015), the Supreme Court held that North Carolina’s satellite-based monitoring regime for sex offenders is a search, but left it to North Carolina’s courts to decide whether it is an unreasonable search in violation of the Fourth Amendment. We got an answer for one defendant this week, as Torrey Grady’s case circled back through the court of appeals.
Is the Court of Appeals Signaling Less Forgiveness with SBM cases?
Maybe so, if two decisions from earlier this month are any indication. They are: State v. Bishop, ___ N.C. App. ___ (Oct. 3, 2017), where the court refused to consider arguments about the reasonableness of satellite-based monitoring (“SBM”) when the issue was not preserved or properly appealed, and State v. Greene, ___N.C. App. ___ (Oct. 3, 2017), where the court refused to remand a SBM hearing when the State failed to present sufficient evidence of the reasonableness of SBM. Before I discuss those cases, some background first.
Revised Sex Offender Flow Chart (July 2017 Edition)
With another legislative session in the books, it’s time for an update to the sex offender registration and monitoring flow chart.
Lifetime SBM without Lifetime Registration
The trial court’s order regarding sex offender registration and satellite-based monitoring (SBM) in State v. Johnson was wrong in part. But also right in part. But ultimately wrong.
Satellite-Based Monitoring after Grady
In Grady v. North Carolina, 575 U.S. __, 135 S. Ct. 1368 (2015), the Supreme Court concluded that North Carolina’s satellite-based monitoring (SBM) program for sex offenders is a search. The Court left to the lower courts the question of whether the search is “unreasonable” under the Fourth Amendment. The lower courts have started to answer it.