Overview of Current Sentencing Laws and Data Presentation to the Task Force on Sentencing Reforms for Opioid Drug Convictions.

Transcription

1 Overview of Current Sentencing Laws and Data Presentation to the Task Force on Sentencing Reforms for Opioid Drug Convictions March 6, 2018

2 Purpose of Presentation Provide an overview of the current sentencing laws and data Presentation Outline Drug offenses and sentencing laws Sentencing data and practices Source Administrative Office of the Courts Convictions Caveat Limited information available on opioid-specific offenses 2

3 Drug offenses And Sentencing Laws 3

4 Based on Existing Laws Comprehensive Drug Abuse Prevention and Control Act of 1970 North Carolina Controlled Substances Act of 1971 Uniform Controlled Substances Act in

5 Elements of the Act Controlled substance schedules Base offenses Additional offenses Penalties Trafficking offenses 5

6 Non-Trafficking Offenses Conduct Base offenses Manufacture, sell, deliver, possess with intent, or possess Additional offenses other elements (e.g., involving a minor) Classification Based on conduct and schedule of the substance or a specific substance Attempt and conspiracy same class as underlying offense 6

7 Sentencing Non-trafficking offenses are sentenced under Structured Sentencing Based on the class of the offense and the offender s prior record level Judge determines type of sentence and length of sentence 7

8 Conditional Discharge for First Offense G.S (a) and (a1) No prior convictions Guilty of possession No judgment, defendant is placed on probation Violation results in sentencing, successful completion results in dismissal 8

9 Trafficking Offenses Conduct Sell, manufacture, deliver, transport, or possess Classification Based on substance and amount Conspiracy to traffic Same class and sentence 9

10 Sentencing for Trafficking Offenses Mandatory active sentence Class Minimum Maximum C 225 months 282 months D E F G H

11 Exceptions Attempt to traffic Same class, Structured Sentencing sentence Substantial Assistance Shorter sentence and/or suspended sentence 11

12 Sentencing Data for Drug Offenses 12

13 Felony Convictions Crime Type 70% Active Rates Other (n=4,697) 17% Person (n=4,939) 17% 60% 50% 60% 54% 40% 33% 37% 30% NT Drug (n=8,587) 30% Property (n=10,333) 36% 20% 10% 19% 0% Person Property NT Drug Other Total SOURCE:, FY 2017 Felony Statistical Report Data 13

14 Non-Trafficking Drug Convictions Manufacture 1% Consp. To Sell/Deliver 1% Offenses Possession w/ Intent 19% 60% 50% Active Rates 56% 40% Sell/Deliver 14% Possession 40% 30% 20% 10% 10% 20% 16% 28% 28% Other 25% 0% Possession Possession w/intent Manufacture Consp. To Sell/Deliver Sell/Deliver Other SOURCE:, FY 2017 Felony Statistical Report Data 14

15 Active Rates Felony and NTD Convictions Offense Class Prior Record Level 100% 99% 100% 89% 72% 69% 58% 41% 52% 36% 39% 32% 33% 26% 11% 9% 20% 5% 24% 11% 39% 18% 61% 44% 57% A-C D E F G H I I II III IV V VI All Felony Convictions NTD Convictions SOURCE:, FY 2017 Felony Statistical Report Data 15

16 Misdemeanor Convictions Crime Type 50% 45% Active Rates Public Order 33% Person 12% 40% 35% 30% 34% 34% 36% Property 30% 25% 20% 23% Drug 25% 15% 10% 5% 0% Person Property Drug Public Order SOURCE:, FY 2017 Misdemeanor Statistical Report Data 16

17 Active Rates Misdemeanor and Drug Convictions Offense Class 57%* Prior Conviction Level 48% 36% 33% 36% 36% 40% 24% 28% 23% 12% 17% 10% n/a A All Misdemeanor Convictions I II III Drug Convictions *There were only 44 convictions in Class 2 for drug offenses in FY SOURCE:, FY 2017 Misdemeanor Statistical Report Data 17

18 Drug Trafficking (DT) Convictions Offense Class Five-Year Trend Class G 22% Class H 5% Class C 7% Class D 5% Class E 12% Class F 49% 0 FY 2013 FY 2014 Drug Trafficking FY 2015 FY 2016 Attempted Drug Trafficking FY 2017 SOURCE:, FY 2013 FY 2017 Felony Statistical Report Data 18

19 Opium/Heroin Trafficking Convictions Convictions for Trafficking Opium or Heroin Sentences for Trafficking Opium or Heroin Convictions Class G-I 2% Class Type of Punishment Min Active Probation Active (Months) Max Active (Months) Class F 63% Class C 12% Class E 23% C (n=26) 85% 15% E (n=50) 88% 12% F (n=141) 82% 18% G (n=3) 67% 33% H (n=1) 0% 100% n/a n/a I (n=1) 0% 100% n/a n/a SOURCE:, FY 2017 Felony Statistical Report Data 19

20 DT Convictions with Substantial Assistance Trafficking Offense Number of Convictions % Substantial Assistance Trafficking Opium or Heroin All Other Trafficking Total Trafficking SOURCE:, FY 2017 Felony Statistical Report Data 20

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