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

For Whom the (ahem) Period of Probation Tolls

If you’ve been reading the paper, you know the Division of Community Corrections (Probation) has been under a microscope lately. Since the killings of UNC undergraduate Eve Carson and Duke graduate student Abhijit Mahato in 2008, both allegedly committed by probationers, Probation has been taking a hard look at its policies and procedures. One change … Read more