New Details about Advanced Supervised Release
The Justice Reinvestment Act created a new early release program called Advanced Supervised Release (ASR). In short, the law allows certain prison inmates to get out of prison early if […]
October 2, 2012
Deeper Thoughts on the Constitutionality of Quick Dips
Under the Justice Reinvestment Act, a probation officer may, through delegated authority, impose a short period of jail confinement in response to a violation of a court-imposed probation condition. The […]
September 5, 2012
The Absconding Donut Hole
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 […]
August 8, 2012
Probation’s Risk-Needs Assessment Process in a Nutshell
For the past few years, the Section of Community Corrections of the Division of Adult Correction has been transitioning to what they call "evidence-based practices," or EBP. The basic idea is to use series of assessment tools to identify which offenders are mostly likely to reoffend and most in need of programming, and then tailor their supervision accordingly. The process involves some terminology that is probably familiar by now to most probation officers, but may be less familiar to judges, lawyers, and defendants. Today’s post provides an overview of the process probation officers use to sort probationers into different supervision levels and an introduction into what those levels mean for probationers as a practical matter.
August 1, 2012
Revised Drug Trafficking Chart
I mentioned in this prior post that the 2012 Justice Reinvestment clarifications act, S.L. 2012-188, made changes related to drug trafficking. Specifically, the law amended G.S. 15A-1368.1 to make clear that […]
July 18, 2012
Justice Reinvestment Clarifications Become Law
Like most complicated legislation, the Justice Reinvestment Act (JRA) was less than perfectly clear as originally written. Earlier this week (July 16, 2012) the governor signed House Bill 1021, Justice […]
July 12, 2012
G.S. 90-96 Probation
I wrote previously (here) about the post–Justice Reinvestment rules for determining whether a defendant is eligible for a conditional discharge under G.S. 90-96. Those rules are complicated, but my sense […]
May 24, 2012
Justice Reinvestment and the “Commit no Criminal Offense” Probation Condition
Under the Justice Reinvestment Act (S.L. 2011-192), for probation violations occurring on or after December 1, 2011, the court may only revoke a person’s probation for a violation of the […]
March 1, 2012
The New Single Sentence Rule
A while ago I wrote this post about the “single sentence rule,” the statutory directive that tells the Division of Adult Correction (DAC) how to administer consecutive sentences. Under G.S. […]
February 23, 2012
The Statewide Misdemeanant Confinement Program
In this prior post, I wrote about how Justice Reinvestment changed the rules for determining where a person serves his or her sentence. Today’s post takes a closer look at […]
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