Changes to Post-Release Supervision on the Way
Under existing law, only Class B1 through E felonies get post-release supervision (PRS). They are released from prison “on the date equivalent to [their] maximum imposed prison term less nine months,...
View ArticleChanges to Post-Release Supervision for Sex Offenders
I mentioned in my previous post that the Justice Reinvestment Act (JRA) is not the only new legislation that impacts post-release supervision (PRS). This post looks at S.L. 2011-307, which changes the...
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Advanced Supervised Release
The Justice Reinvestment Act (S.L. 2011-192) creates a new program called Advanced Supervised Release (ASR). Through it, certain inmates will be eligible for release from prison before serving their...
View ArticleHappy Justice Reinvestment Day
It’s December 1, and a lot of new laws (the News & Observer counts 35) come into effect today. Among them is the Justice Reinvestment Act—or at least portions of it. To help with the transition,...
View ArticleFAQs About CRV
Under amended G.S. 15A-1344(a), for probation violations occurring on or after December 1, 2011, a court may only revoke probation for a violation of the “commit no criminal offense” condition or for...
View ArticleAdvanced (Un)Supervised Release
In this earlier post I wrote about Advanced Supervised Release (ASR), a new program created by the Justice Reinvestment Act (JRA) that allows certain defendants to be released from prison before...
View ArticleJustice Reinvestment Clarifications Become Law
Like most complicated legislation, the Justice Reinvestment Act (JRA) was less than perfectly clear as originally written. Earlier this week (July 16, 2012) the governor signed House Bill 1021, Justice...
View ArticleProbation Confinement Options Other than CRV
A frequently asked question of late is whether a judge may still impose special probation (a split sentence) in a probation case. Apparently the question arises out of a sense that the new forms of...
View ArticleAlleging Probation Violations in a Post-JRA World
How specific does a probation violation report need to be about which condition the probationer allegedly violated? Until last week, I would have said “not very.” A new case from the court of appeals...
View ArticleTime Served
Which of the following defendants may be sentenced to “time served” (choose all that apply)? A. A felony defendant with 5 months of jail credit sentenced to 6–17 months. B. A felony defendant with 7...
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