Jail Credit for Probation Contempt (December 13, 2012)
Jamie Markham
As I traveled around the state teaching about the Justice Reinvestment Act, I had lots of discussions about the various types of confinement that can now be ordered in response […]
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December 13, 2012
As I traveled around the state teaching about the Justice Reinvestment Act, I had lots of discussions about the various types of confinement that can now be ordered in response […]
READ POST "Jail Credit for Probation Contempt (December 13, 2012)"December 6, 2012
“Only an idiot drives on the sidewalk to avoid a school bus.” So read a sign that an Ohio judge ordered a woman to wear after being convicted for the […]
READ POST "Shaming Sanctions (December 6, 2012)"October 16, 2012
Some probationers are subject to a curfew—a time each day (usually in the evening or at night) when they are restricted to their residence. Recent changes to the law have […]
READ POST "Curfews and Electronic Monitoring of Probationers (October 16, 2012)"October 2, 2012
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 […]
READ POST "Deeper Thoughts on the Constitutionality of Quick Dips (October 2, 2012)"September 17, 2012
A frequently asked question of late is whether a judge may still impose special probation (a split sentence) in a probation case. Apparently the question arises out of a sense […]
READ POST "Probation Confinement Options Other than CRV (September 17, 2012)"September 5, 2012
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 […]
READ POST "The Absconding Donut Hole (September 5, 2012)"August 22, 2012
A probation violation must be willful. In this prior post I wrote about the burden-shifting process in which the State must prove to the court’s reasonable satisfaction that a violation […]
READ POST "Is Being Homeless a Probation Violation? (August 22, 2012)"August 8, 2012
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.
READ POST "Probation’s Risk-Needs Assessment Process in a Nutshell (August 8, 2012)"July 12, 2012
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 […]
READ POST "G.S. 90-96 Probation (July 12, 2012)"July 2, 2012
I have written before (here) about some of the tricky issues related to extending probation. A recent case from the court of appeals illustrates the complexity of the rules. In […]
READ POST "State v. Gorman and Improper Extensions of Probation (July 2, 2012)"