The General Assembly last amended our satellite-based monitoring (“SBM”) laws in 2021, substantially reworking who qualifies for SBM, the process of petitioning for termination of SBM, and the potential length of SBM (among other changes). If you are still adjusting to those new rules, buckle up. Tucked into the back of S.L 2023-143 (SB 20) are new amendments that once again substantially revise North Carolina’s SBM scheme (in Part VIII, starting at page 44 of the linked bill), effective for SBM orders entered on or after October 1, 2023. This post examines those changes and their potential implications.
After years of litigation concerning the constitutionality of satellite-based monitoring (SBM) of sex offenders, the General Assembly has amended the law pretty dramatically. Today’s post describes those changes.
This post summarizes criminal decisions released by the Supreme Court of North Carolina on Friday, September 24, 2021.
The Supreme Court of North Carolina held in State v. Grady, ___ N.C. ___ (2019), that satellite-based monitoring (SBM) of sex offenders is unconstitutional as applied to any unsupervised person who was ordered to enroll in SBM solely because he or she is a recidivist. By unsupervised, the court meant a person not on probation, parole, or post-release supervision. Today’s post takes a closer look at the Grady decision and what it may mean for North Carolina’s SBM program going forward.
The court of appeals issued a new decision on satellite-based monitoring (SBM) of sex offenders this week. It gives further guidance on what the State will need to show to establish that SBM is a reasonable search under the Fourth Amendment in light of Grady v. North Carolina.
In Grady v. North Carolina, 135 S. Ct. 1368 (2015), the Supreme Court held that North Carolina’s satellite-based monitoring regime for sex offenders is a search, but left it to North Carolina’s courts to decide whether it is an unreasonable search in violation of the Fourth Amendment. We got an answer for one defendant this week, as Torrey Grady’s case circled back through the court of appeals.
Maybe so, if two decisions from earlier this month are any indication. They are: State v. Bishop, ___ N.C. App. ___ (Oct. 3, 2017), where the court refused to consider arguments about the reasonableness of satellite-based monitoring (“SBM”) when the issue was not preserved or properly appealed, and State v. Greene, ___N.C. App. ___ (Oct. 3, 2017), where the court refused to remand a SBM hearing when the State failed to present sufficient evidence of the reasonableness of SBM. Before I discuss those cases, some background first.
In Grady v. North Carolina, 575 U.S. __, 135 S. Ct. 1368 (2015), the Supreme Court concluded that North Carolina’s satellite-based monitoring (SBM) program for sex offenders is a search. The Court left to the lower courts the question of whether the search is “unreasonable” under the Fourth Amendment. The lower courts have started to answer it.