Today’s post shares a revised chart for determining the proper place of confinement for a criminal conviction. The chart is available here.
Sentencing
Three-Year Review of Probation
When a probationer has served three years of a probationary period greater than three years, the probation officer is required to bring the case before the court for a mandatory review. The review has one statutory purpose: to give the court an opportunity to terminate probation early.
The Courts’ Limited Role in Post-Release Supervision
Before 2011, post-release supervision (PRS) was a bit of a novelty. Back then, only Class B1–E felons received PRS, and they account for only 15 percent of all felons. For offenses committed on and after December 1, 2011, the Justice Reinvestment Act amended the law to require post-release supervision for all felons who serve active time, regardless of offense class. As a result, there are now close to 10,000 post-release supervisees in North Carolina. More offenders means more questions. And one of the most common questions is what role, if any, the courts have in the administration of post-release supervision. The answer: very little.
Consecutive Splits
I am asked from time to time whether imprisonment terms for special probation (split sentences) may be run consecutively. I think they probably may.
Consolidation of Sentences
North Carolina sentencing law allows multiple convictions to be consolidated for sentencing. Consolidation of felonies is governed by G.S. 15A-1340.15(b); G.S. 15A-1340.22(b) covers misdemeanors. The rule is the same for both types of crimes: when you consolidate offenses for judgment, the court imposes a single judgment, with a single sentence appropriate for the defendant’s most serious conviction. It’s a pretty extraordinary thing when you think about it. Notwithstanding all the fine-tuned, mandatory math that goes into the sentencing of a single offense under Structured Sentencing, the law allows virtually unfettered discretion to disregard all but the most serious offense for a defendant convicted of multiple crimes. Today’s post collects some of the rules for consolidation.
SCOTUS to Hear Argument in October about Miller Retroactivity
On October 13, 2015, the U.S. Supreme Court will hear oral argument in Montgomery v. Louisiana, a case that presents the question whether Miller v. Alabama, 567 U.S. ___, 132 S. Ct. 2455 (2012), applies retroactively to convictions that became final before Miller was decided. In Miller the Court held that under the Eighth Amendment a sentencing scheme that mandates life without parole for defendants less than 18 years old at the time of their crimes is unconstitutional. Miller did not categorically ban a life without parole sentence for juvenile offenders; rather it mandated that the sentencer must consider an offender’s youth and attendant characteristics before imposing such a penalty. Miller applies to all cases that were pending when it was decided as well as to all future cases. Griffith v. Kentucky, 479 U.S. 314 (1987). The question of retroactivity is whether the Miller rule applies to cases that became final before the decision was issued. As I noted in a blog post here, the lower courts are divided on the issue. The Court’s decision in Montgomery might finally resolve it.
Sentencing Whiteboard: Active Sentences for DWI
Do DWI sentences really get cut in half? Can DWI inmates be paroled? What happens when the minimum and maximum sentence for a DWI are the same? These questions and more are answered in today’s video post.
Habitual Habituals
North Carolina has a lot of habitual offender laws: habitual felon, violent habitual felon, armed habitual felon, habitual breaking and entering, habitual impaired driving, and habitual misdemeanor assault. A question that comes up is the extent to which these laws may permissibly interact with one another. Today’s post considers a few of the combinations I get asked about from time to time.
How to Say a Sentence
At a recent conference, a judge confessed to me that he and his fellow judges drive the clerks crazy because they all pronounce judgment differently. They use different words to order the same things. That’s fine to a point—this isn’t Hogwarts, and a sentence is not a magic spell. (If it were, and you wanted to punish somebody by, say, placing them in a full body-bind, obviously you’d just say petrificus totalus and that would be that.)
For us Muggles here in North Carolina, I thought it might be useful to offer some standard language that a judge might use to order the most common types of sentences. These are just suggestions, drawn from the General Statutes and the language used on the boilerplate judgment forms.
DAC’s Auditing Authority
Many of you have received one of those letters: a notice from the N.C. Department of Public Safety, Division of Adult Correction (DAC), Section of Combined Records, seeking “clarification” of a judgment. Combined Records audits judgments as they come in, identifying issues and sentencing errors and bringing them to the attention of the court system. Today’s post considers the legal basis for this review, and some of the issues it raises.