A Visit to the Burke CRV Center
Another stop on the recent North Carolina Judicial College Correctional Facilities Tour was the Burke CRV Center in Morganton. Today’s post shares what we learned about defendants ordered to serve 90 […]
May 2, 2019
The Grid behind the Grid
The felony and misdemeanor sentencing grids tell us who can get probation. Community Corrections has its own grid that determines how that probation will be carried out.
January 12, 2018
Terminal CRVs
The Justice Reinvestment Act created confinement in response to violation (CRV) as an alternative to revocation for technical violations (violations other than a new criminal offense or absconding). The theory […]
December 15, 2017
Adequate Notice of a Probation Violation: State v. Moore
When it comes to giving proper notice of a probation violation, what is the critical thing: identifying the condition actually violated, or describing the behavior constituting the violation? The supreme […]
July 27, 2017
Is G.S. 90-96(a) Mandatory or Discretionary?
Whether or not to grant a conditional discharge for an eligible defendant under G.S. 90-96(a) used to be within the discretion of the trial judge. In 2011, Justice Reinvestment made […]
August 4, 2016
New Case on “Commit No Criminal Offense” Probation Violations Involving a Pending Charge
State v. Hancock, decided this week by the court of appeals, sheds new light on violations of the commit no criminal offense probation condition involving a pending charge.
March 17, 2016
Alleging a “Commit No Criminal Offense” Probation Violation
Can a probationer be revoked for a violation of the “commit no criminal offense” probation condition if the violation report alleges only that the person has been charged with a crime?
March 9, 2016
Probation Pathways in a Justice Reinvestment [as Amended] World
These days, figuring out the permissible ways to respond to a probation violation is easy. All you need to know is the date of the offense for which the person […]
February 25, 2016
When CRV Is Worse than Revocation
Some felony probationers ordered to serve a period of confinement in response to violation (CRV) wind up spending more time behind bars than they would have if their probation been […]
January 7, 2016
Barlow Strikes Back
After Justice Reinvestment, all North Carolina felonies are predicate felonies for certain federal purposes. That was the Fourth Circuit’s recent conclusion in United States v. Barlow. The decision significantly rolls […]
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