Under State v. Morgan, a case recently decided by the Supreme Court of North Carolina, a trial judge can’t act on a probation case after it has expired unless he or she makes a finding that there is “good cause shown and stated” to do so. In the short run, you’ll need to modify the forms to do it.
probation
Does United States v. Haymond Impact Probation and Post-Release Supervision in North Carolina?
In United States v. Haymond, 139 S. Ct. 2369 (2019), a divided Supreme Court concluded that a federal statute was unconstitutional to the extent that it exposed the defendant to additional mandatory imprisonment based on a judicial finding that he had violated his supervised release. Does the case have implications for probation and post-release supervision hearings in North Carolina?
A Visit to Black Mountain
Last week, as part of the North Carolina Judicial College’s Correctional Facilities Tour (West), I visited the Black Mountain Substance Abuse Treatment Center for Women. Today’s post shares some things we learned about Black Mountain—North Carolina’s one and only state-run community-based residential substance abuse treatment program for women on probation or parole.
New Interstate Compact Bench Book Available
The national office for the Interstate Compact for Adult Offender Supervision (ICAOS) recently published its new Bench Book for Judges. They asked me to pass it along.
The Grid behind the Grid
The felony and misdemeanor sentencing grids tell us who can get probation. Community Corrections has its own grid that determines how that probation will be carried out.
A Case of Actual Absconding
A string of recent cases have shown what absconding isn’t. A case from the court of appeals this week gives us an example of what absconding is.
New Book on Probation Violations in North Carolina
I’m happy to announce the availability of a new School of Government publication, Probation Violations in North Carolina.
Total Split Sentence Exposure
A judge can order special probation (a split sentence) at sentencing or in response to a violation of probation. If a judge does both, what is the maximum amount of time the defendant may be incarcerated?
Another Visit to DART Cherry
Last week Shea led a North Carolina Judicial College class on DWI Procedures for Judges and Magistrates. One day of the program included a field trip to DART Cherry in Goldsboro, North Carolina’s substance abuse treatment program for male probationers. The group was kind enough to let me tag along. Today’s post gives a short trip report and addresses some frequently asked questions related to DART Cherry.