More Satellite-Based Monitoring Cases, Another Dissent

It seems like every batch of new opinions from the court of appeals includes at least one case on satellite-based monitoring (SBM) of sex offenders. Yesterday’s batch had two. State v. Morrow involved a defendant convicted of indecent liberties with children in November of 2006. He was sentenced to probation, which was ultimately revoked in … Read more

I’m Ready to Conduct a Satellite Monitoring Determination Hearing . . . Now What?

Regular readers know the court of appeals has decided a lot of cases recently dealing with satellite-based monitoring (SBM) of sex offenders. Though many issues remain undecided, my sense is that some of the districts that were postponing SBM hearings to allow the appellate courts to weigh in on a few things are now moving … Read more

State v. Wagoner, Satellite-Based Monitoring, and the Ex Post Facto Issue Revisited

Last week the court of appeals decided State v. Wagoner, its latest case involving satellite-based monitoring (SBM) of sex offenders. Mr. Wagoner, who had previously been convicted of multiple reportable sex crimes in 1996, pled no contest to another one (indecent liberties with a child) in 2005. He received a suspended sentence for the 2005 … Read more

Satellite-Based Monitoring and State v. Kilby

by School of Government faculty member Jamie Markham There are two categories of sex offenders subject to satellite-based monitoring: those subject to lifetime monitoring, and those subject to monitoring for a period of time specified by the court. For an offender to fall within the latter category (called “conditional” monitoring by DCC), the court must … Read more

Sex Offender Q and A

by School of Government faculty member Jamie Markham

Last month I taught a session for the superior court judges on sex offender registration and monitoring. The handout I used included a set of exercises that we didn’t have time to get through in the session, so I promised the judges I would distribute answers. But why should they get to have all the fun? The exercises follow, with answers after the jump. My sex offender registration and monitoring flow chart is available here if you need it. Page Two, Side Two of form AOC-CR-603 might also come in handy. Finally, for those interested in additional reading, the full handout I used in the session is available here and a related handout from another session is available here.

1.  Which of the following offenders are subject to sex offender registration?

a.  A defendant is convicted of sexual battery on January 15, 2008, based on acts that occurred on October 5, 2005.

b.  A defendant is convicted of crime against nature on November 12, 2008, based on acts that occurred on July 1, 2008.

c.  A defendant released from prison on July 1, 1996 after serving a 15-month sentence for an April 1995 conviction for taking indecent liberties with children.

2.  A defendant pleads guilty to assault on a female based on acts involving his 12-year-old step-daughter. He pushed her after she refused his sexual advances. He is sentenced to 36 months of probation.

a.  Is this a reportable conviction?

b.  Is the defendant subject to any special conditions of probation?

3.  A person subject to the 30-year sex offender registration requirement was arrested and charged with failure to register when he didn’t respond to a semiannual verification form as required in G.S. 14-208.11. Can this offender successfully petition to terminate his registration requirement after 10 years under G.S. 14-208.12A?

4.  In 2009, a defendant is convicted of first-degree rape based on an offense that occurred July 1, 2000. The victim was a 25-year-old woman.

a.  Is this a reportable conviction? If so, how long must this offender register?

b.  Is the offender subject to satellite-based monitoring? If so, for how long?

c.  Suppose the victim was a 16-year-old girl. Does this change your answer to (b)?

5.  A 19-year-old defendant pleads guilty to taking indecent liberties with a 13-year-old girl. The offense, which involved consensual oral sex, took place January 12, 2009.

a.  Is the offender subject to satellite-based monitoring? If so, for how long?

b.  Suppose the victim was 11. Does this change your answer to (a)?

6.  A defendant was convicted for taking indecent liberties in 1989. He was later convicted again for taking indecent liberties in 2005, given an active sentence, and released from prison in 2008. Is he subject to lifetime registration and lifetime satellite based monitoring as a recidivist?

7.  In 2009, a defendant is convicted of felony indecent exposure under G.S. 14-190.9(a1). The victim was a 10-year-old girl. At sentencing you determine that the offender is not a recidivist, aggravated offender, or sexually violent predator. You do, however, find that the defendant committed an act involving the sexual abuse of a minor, so you order DOC to complete a risk assessment.

a.  Do you wait for DOC to complete the risk assessment before sentencing the defendant? (G.S. 14-208.40A(d) says DOC shall have 30 to 60 days to complete the assessment and report the results.)

b.  Suppose the assessment comes back MODERATE. What are your options?

c.  Suppose the assessment comes back HIGH. What are your options?

Again, the answers are after the jump.

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Sex Offender Case Law Update (Part I)

Update: As discussed on Professor Doug Berman’s Sentencing Blog, the Supreme Judicial Court of Massachusetts recently determined that the GPS monitoring law in that state is punitive in effect, and therefore may not be applied to defendants initially placed on probation for acts committed before the law’s enactment. The court’s opinion in Commonwealth v. Cory … Read more

State v. Bare and Satellite-Based Monitoring

I’m in Asheville for the next few days, but I wanted to write briefly about an important case decided by the Court of Appeals last week. In State v. Bare, the court held that satellite-based monitoring (SBM) of sex offenders is not punishment, and therefore does not implicate the Ex Post Facto Clause. The defendant … Read more