Quick Dips (November 3, 2011)
Jamie Markham
As I mentioned in a prior post, the Justice Reinvestment Act (S.L. 2011-192) creates a new set of “community and intermediate probation conditions” that can be ordered in any Structured […]
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November 3, 2011
As I mentioned in a prior post, the Justice Reinvestment Act (S.L. 2011-192) creates a new set of “community and intermediate probation conditions” that can be ordered in any Structured […]
READ POST "Quick Dips (November 3, 2011)"October 25, 2011
When analysts from the Council of State Governments studied North Carolina’s sentencing laws and correctional system, one of their key findings was that revoked probationers account for a lot of […]
READ POST "Confinement in Response to Violations (CRV) and Limits on Probation Revocation Authority (October 25, 2011)"October 12, 2011
Under Structured Sentencing, there are two types of non-active sentences: community punishment and intermediate punishment. Intermediate punishment is supervised probation plus at least one of six specific conditions of probation […]
READ POST "Community Punishment and Intermediate Punishment (October 12, 2011)"September 15, 2011
It has long been the rule in North Carolina that all that is required for a judge to revoke probation is a finding that the defendant has violated a valid […]
READ POST "Willfulness of Probation Violations (September 15, 2011)"August 22, 2011
In North Carolina a probationer has a statutory right to counsel at a probation violation hearing. G.S. 15A-1345(e); G.S. 7A-451(a)(4). The probationer can also waive the right to assistance of […]
READ POST "Waivers of Counsel at Probation Violation Hearings (August 22, 2011)"July 14, 2011
I was at a meeting at the Department of Correction yesterday talking about some of the changes made by the Justice Reinvestment Act (JRA, summarized here). One of the big […]
READ POST "Delegated Authority in Probation Cases (July 14, 2011)"June 30, 2011
The Governor signed the Justice Reinvestment Act (S.L. 2011-192 (H 642)) into law last week. It makes substantial changes to the law of sentencing and corrections in North Carolina—easily the […]
READ POST "The Justice Reinvestment Act: An Overview (June 30, 2011)"May 31, 2011
I’ve mentioned the big legislative changes pending in HB 642 (the Justice Reinvestment Act, which was discussed in House Appropriations this morning), but I haven’t written about an important criminal […]
READ POST "Probation Tolling Repealed (May 31, 2011)"April 19, 2011
The rules for sentencing a defendant to special probation—a split sentence—are set out in G.S. 15A-1351(a). Under that law, the court can order as part of a probationary sentence that […]
READ POST "Hip Pocket Jail Time for Probationers (April 19, 2011)"March 2, 2011
Under G.S. 7A-272(c), the district court has jurisdiction to accept a defendant’s plea of guilty or no contest to a Class H or I felony in certain circumstances. The law […]
READ POST "Class H and I Felonies in District Court (March 2, 2011)"