I was surprised by one of the provisions included in the omnibus criminal law bill, S.L. 2015-247, that Jeff summarized yesterday. The act amended G.S. 15A-1347 to say that when a defendant whose probation is revoked in district or superior court appeals that revocation, “probation supervision will continue under the same conditions until the termination date of the supervision period or disposition of the appeal, whichever comes first.” The change was effective immediately when the governor signed it on September 23, and people are already asking what it means. Here are my thoughts.
Do the Justice Reinvestment Act’s limitations on a judge’s authority to revoke probation apply in deferred prosecution and conditional discharge cases? Defendants can be placed on probation as part of a deferred prosecution or conditional discharge. The statutes governing that probation don’t spell out every detail of what it looks like. Instead, they typically incorporate … Read more