Notice, Drinking, and Intensive Probation

Back in July the court of appeals decided State v. Hubbard, a probation revocation case that I mentioned in passing but never really discussed in depth. In Hubbard the defendant’s probation officer filed a violation report alleging that Mr. Hubbard violated probation by being “so drunk that he could hardly walk” during a curfew check. … Read more

Absconding from Probation

What does it mean to “abscond” from probation supervision? “Absconder” is not defined statutorily; rather, it is defined in Division of Community Corrections (DCC) policy as “an offender who is actively avoiding supervision by making his/her whereabouts unknown to the supervising officer.” DCC makes a searchable list of all absconders available to the public here … Read more

Summary of Probation Reform Bill

The General Assembly has passed several interesting pieces of legislation recently, but none are more consequential than S 920, the probation reform bill signed by Governor Perdue last week. I previously expressed my hope that Jamie Markham, our sentencing and corrections expert, would summarize and analyze the bill, and fortunately for all of us, he’s … Read more

News Roundup

Several recent news stories that may be of interest: 1. Governor Perdue just signed S 920, which makes substantial changes to the probation laws. For example, it requires all probationers to submit to warrantless searches by probation officers, and to a lesser degree, by law enforcement officers. It also clarifies the tolling provisions of the … Read more

Unsatisfactory Termination of Probation

What does it mean for a probationer to be terminated “unsatisfactorily” or “unsuccessfully”? From what I understand it’s a notation that the Division of Community Corrections (DCC) uses to indicate that a probationer’s term of probation ended without revocation, but under other-than-ideal circumstances. A common example arises when a probationer owes restitution as a condition … Read more

Concurrent and Consecutive Sentences Upon Revocation of Probation

Under G.S. 15A-1344(d), a “sentence activated upon revocation of probation commences on the day probation is revoked and runs concurrently with any other period of probation, parole, or imprisonment to which the defendant is subject during that period unless the revoking judge specifies that it is to run consecutively with the other period.” In State … Read more

GPS Tracking for Domestic Violence Offenders?

An interesting article in the New York Times, available here, talks about the increasing use of GPS tracking in domestic violence cases, either as a condition of pretrial release or as part of a probationary sentence.  The story indicates that twelve states have passed legislation designed to enable the use of GPS in such cases.  … Read more

Preliminary Hearings on Probation Violations

Under G.S. 15A-1345(c), a preliminary hearing on a probation violation must be held within seven working days of a probationer’s arrest to determine whether there is probable cause to believe that the probationer violated a condition of probation, unless the probationer waives the preliminary hearing or a final hearing is held first. I’m told the … Read more