A UNC School of Government Blog
The county is generally responsible for the cost of emergency medical care for jail inmates. G.S. 153A-224(b). It’s not always clear what constitutes an emergency, but state regulations include things like “severe bleeding, unconsciousness, serious breathing difficulties, head injury, severe pain, suicidal behavior or severe burns.” 10A N.C. Admin. Code 14J.0101(14). The rules also mention … Read more
Extraordinary mitigation—or, more precisely, dispositional deviation for extraordinary mitigation—under G.S. 15A-1340.13(g) is a way for the court to impose a probationary sentence for a defendant whose offense class and prior record level ordinarily require an active sentence. The provision was included in Structured Sentencing as a counterbalance to the habitual felon law, although the latter … Read more
The School of Government’s mobile app for Structured Sentencing is available for download. The version for Apple devices—iPhone and iPad—is in the iTunes App Store, linked here. (You’ll need at least an iPhone 4, running iOS7.) The Android version is in the Google Play store, here. Both versions are free. The app will help you … Read more
I was on spring break last week, which meant I had lots of time for uninterrupted reading while my kids entertained themselves at the pool. Okay, maybe not. Despite being on the go, I made time to read three new publications from the North Carolina Sentencing and Policy Advisory Commission. They are well worth a … Read more
G.S. 15A-1335 provides that when a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, the court may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe than the prior sentence less the … Read more
G.S. 15A-1335 provides that when a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, the court may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe than the prior sentence less the … Read more
Today’s post covers some of the nuts and bolts of electronic house arrest (EHA). EHA is fairly self-explanatory: in lieu of traditional incarceration, a person is confined to his or her residence by way of an electronic monitor that signals authorities if he or she departs. The focus here is on EHA as a component … Read more
Most folks who are involved in appellate litigation and post-conviction motions know about G.S. 15A-1335. For those who don’t, it is a N.C. statute providing that when a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, the court may not impose a new sentence for the … Read more
This is not a sports story – despite what the title may suggest. Besides, I am so over March Madness. There was a little too much madness and not enough March for this double Tarheel. State v. Geisslercrain is among of yesterday’s batch of court of appeals opinions. (The court issued twenty-four published opinions yesterday—leading … Read more
When a person is convicted and sentenced, the sentence generally starts right away. G.S. 15A-1353(a). The judge can delay the start of the sentence, as discussed in this prior post, but that is the exception to the rule. About the only other thing that can put the brakes on the start of a sentence is … Read more