MISDEMEANOR SENTENCING STEPS FOR SENTENCING A MISDEMEANOR UNDER STRUCTURED SENTENCING
|
|
- Grant Myles Miles
- 6 years ago
- Views:
Transcription
1 MISDEMEANOR SENTENCING STEPS FOR SENTENCING A MISDEMEANOR UNDER STRUCTURED SENTENCING 1. Determine the offense class 2. Determine the offender s prior conviction level 3. Select a sentence length 4. Select a sentence disposition (active, intermediate, or community) Step 1: DETERMINE THE OFFENSE CLASS Four offense classifications: Class A1 (most serious), Class 1, Class 2, and Class 3 (least serious) If a crime has neither a statutory offense classification nor a punishment specified, it is considered a Class 1 misdemeanor. G.S. 14 3(a). If a crime has no statutory offense classification but does specify a punishment, it is classified as follows under G.S. 14 3(a): Punishable by more than 6 months imprisonment: Class 1 Punishable by 31 days to 6 months imprisonment: Class 2 Punishable by 30 days or less or a fine only: Class 3 Unless another classification is expressly set out by law, the following rules apply for inchoate misdemeanors: Attempt to commit a misdemeanor: One class lower than target offense. G.S Conspiracy to commit a misdemeanor: One class lower than target offense. G.S Solicitation to commit a misdemeanor: Class 3 misdemeanor. G.S Step 2: DETERMINE THE PRIOR CONVICTION LEVEL There are three misdemeanor prior conviction levels Level I: No prior convictions Level II: 1 4 prior convictions Level III: 5 or more prior convictions The State bears the burden of proving prior convictions by a preponderance of the evidence. Prior convictions may be proved by: Stipulation of the parties; Court or DMV records; or Any other method found by the court to be reliable. G.S. 15A (c). Prior felonies and misdemeanors count equally as prior convictions A conviction counts as a prior conviction when, on the date a judgment is entered for a subsequent offense: The defendant has been convicted of the prior offense in district court and has not given notice or appeal and the time for appeal has expired; or The defendant has been convicted in superior court, regardless of whether the conviction has been appealed to the appellate division; or The defendant has been convicted of a crime in federal court, the courts of another state, the armed services, or any other country, regardless of whether the offense is a crime in North Carolina. G.S. 15A (7). If an offender has been convicted of more than one offense in a single session (generally, one day) of district court, only one of the convictions counts when determining prior conviction level. If an offender has been convicted of more than one offense in a single calendar week of superior court, only one of the convictions counts. G.S. 15A (d). A prayer for judgment continued (PJC) counts as a prior conviction. State v. Canellas, 164 N.C. App. 775 (2004). Infractions, juvenile adjudications, and contempt do not count as convictions 1
2 Step 3: DETERMINE SENTENCE LENGTH The court may impose a sentence of imprisonment of any length within the duration specified in the appropriate cell on the sentencing grid. (If the court imposes a fine only which is may do when imposing a community punishment it is unnecessary for the court to specify a term of imprisonment.) Place of confinement for sentences imposed on or after January 1, 2012: Sentences of 90 days or less are generally to the county jail, except as provided in G.S (b), which allows a transfer to another jail or, for certain sentences of at least 30 days, to the Department of Correction, when the local jail is filled to capacity. A sentence of 91 to 180 days should be to the Statewide Misdemeanant Confinement Program, through which the Sheriffs Association will find space for the inmate in a jail that has volunteered space to the program. A sentence or sentences requiring confinement for more than 180 days must be to the custody of the Department of Correction. G.S. 15A JAIL CREDIT The court must credit all pre conviction confinement resulting from the charge that culminated in the sentence. G.S The judge shall determine jail credit and cause the clerk to transmit to the custodian a statement of allowable credit. G.S The defendant cannot receive credit for time that has already been applied to a previously imposed sentence. When the defendant has credit for time spent in custody for more than one pending charge that results in imprisonment for more than one offense, credit should be applied as follows: Consecutive sentences shall be considered as one sentence and the creditable time shall not be multiplied by the number of consecutive offenses for which the defendant is imprisoned; Each concurrent sentence shall be credited with so much of the time as was spent in custody due to that charge. G.S MULTIPLE CONVICTIONS When a defendant has multiple convictions, the court may, in its discretion, run the sentences concurrently, consecutively, or, when the sentences are imposed at the same session of court, consolidate them for judgment. Concurrent sentences. Unless otherwise specified by the court, sentences run concurrently. G.S. 15A The result is that the length of imprisonment will not exceed the longest of the individual sentences. Consecutive sentences. With some limitations, the court may impose consecutive sentences for misdemeanors. If the court imposes consecutive sentences for misdemeanors the cumulative length of the sentences of imprisonment shall not exceed twice the maximum sentence authorized for the class and prior conviction level of the most serious offense. Consecutive sentences may not be imposed if all convictions are for Class 3 misdemeanors. G.S. 15A Consolidation of sentences. When an offender is convicted of more than one offense at the same session of court, the court may consolidate the offenses for judgment and impose a 2
3 single judgment for the consolidated offense. Any sentence imposed shall be consistent with the appropriate prior conviction level of the most serious offense. G.S. 15A Step 4: DETERMINE THE SENTENCE DISPOSITION There are three possible sentence dispositions: active, intermediate, and community. Permissible sentence dispositions are prescribed in each cell of the sentencing grid. A = Active If the court imposes active punishment, the defendant is incarcerated for the duration of his or her sentence of imprisonment. Active punishment exception: The court may sentence a defendant to an active sentence of time served for any time spent in confinement pending trial even though the grid cell for his or her offense class and prior conviction level does not ordinarily authorize an active sentence. G.S. 15A (c1). I = Intermediate For offenses committed before December 1, 2011: An intermediate sentence requires that the court suspend the sentence of imprisonment and impose supervised probation that must include one of the six conditions set out in G.S. 15A (6): Special probation (a split sentence ) Residential program Electronic house arrest Intensive supervision Day reporting center Drug treatment court For offenses committed on or after December 1, 2011: An intermediate sentence requires that the court suspend the sentence of imprisonment and impose supervised probation that may include drug treatment court, special probation, or one or more of the community and intermediate probation conditions set out in G.S. 15A 1343(a1). Intensive supervision, residential programs, and day reporting center are repealed as intermediate conditions of probation for offenses committed on or after December 1, C = Community For offenses committed before December 1, 2011: A community punishment is a non active punishment that does not include any of the six intermediate probation conditions. It may consist of unsupervised or supervised probation, or a fine only without probation. G.S. 15A (2). For offenses committed on or after December 1, 2011: A community punishment is a non active punishment that does not include drug treatment court or special probation. It may include any of any one or more of the community and intermediate probation conditions set out in G.S. 15A 1343(a1). It may consist of unsupervised or supervised probation, or a fine only without probation. 3
4 CONDITIONS OF PROBATION Regular conditions of probation: Regular conditions apply by default and need not be stated aloud in open court. G.S. 15A 1343(b). Special conditions of probation: Statutory special conditions are set out in G.S. 15A 1343(b1) and may be added in the discretion of the court. Community and Intermediate probation conditions under G.S. 15A 1343(a1) [only for offenses committed on or after December 1, 2011] Electronic house arrest Community service Quick dip confinement of up to 18 days, served in 2 3 day increments, no more than 6 days per month, in three separate months Obtain a substance abuse assessment, monitoring or treatment Participation in an educational or vocational skills development program Submit to satellite based monitoring if described by G.S (a)(2) (sex offenders) Intermediate conditions of probation: Ad hoc conditions of probation: The court may, in its discretion, add additional conditions that are reasonably related to the offender s rehabilitation. Special conditions for sex offenders: Certain conditions are required for offenders convicted of a reportable sex crime (e.g., misdemeanor sexual battery) or an offense that involves the physical, mental, or sexual abuse of a minor. G.S. 15A 1343(b2). Monetary conditions: Unless the court finds there are extenuating circumstances, any person placed on probation shall, as a condition of probation, be required to pay all court costs, fees, and attorney fees. G.S. 15A 1343(e). Special probation: A split sentence a term of probation that includes a period or periods of incarceration. G.S. 15A 1351(a). The maximum active portion of the split is ¼ of the sentence imposed Imprisonment may be for non continuous periods (e.g., weekends) All confinement must be complete within two years of conviction The court may order jail fees of $40 per day of split sentence confinement. G.S. 7A 313. LENGTH OF PROBATION Unless the court makes specific findings that a longer or shorter period of probation is necessary, the length of the original period of probation for a misdemeanant must fit within the following default ranges: Community punishment: Not less than 6 nor more than 18 months Intermediate punishment: Not less than 12 nor more than 24 months If the court finds at the time of sentencing that a longer period of probation is necessary, that period may not exceed a maximum of five years. G.S. 15A (d). When a defendant is on probation for multiple convictions, the periods of probation must run concurrently. The court may, however, run a period of probation consecutively to a term of imprisonment. G.S. 15A 1346(b). FINES Under G.S. 15A (b), a fine may be imposed in combination with any sentence disposition. Unless otherwise provided by law, the maximum fine that may be imposed is: Class 3: $200 Class 2: $1,000 Class 1 and A1: Amount in the court s discretion RESTITUTION 4
5 5
Objectives. A very brief history 1/26/18. Jamie Markham. Grid fluency Handbook and form familiarity Avoid common errors
Introduction to Structured Sentencing and Probation Violations Jamie Markham Assistant Professor of Public Law and Government Objectives Grid fluency Handbook and form familiarity Avoid common errors A
More informationSENTENCING IN SUPERIOR COURT. Jamie Markham (919) STEPS FOR SENTENCING A FELONY UNDER STRUCTURED SENTENCING
SENTENCING IN SUPERIOR COURT Jamie Markham markham@sog.unc.edu (919) 843 3914 STEPS FOR SENTENCING A FELONY UNDER STRUCTURED SENTENCING 1. Determine the applicable law 2. Determine the offense class 3.
More informationFelony Offenses Committed on or after October 1, 2013
DWI Misdemeanors Felony 994 995 Felony 995 2009 Felony 2009 20 Felony 20 203 Felony 203 OFFENSE CLASS A Max. Death or Life w/o Parole B Max. Life w/o Parole B2 Max. 484 (532) C Max. 23 (279) D Max. 204
More information15A Conditions of probation. (a) In General. The court may impose conditions of probation reasonably necessary to insure that the defendant
15A-1343. Conditions of probation. (a) In General. The court may impose conditions of probation reasonably necessary to insure that the defendant will lead a law-abiding life or to assist him to do so.
More informationA CITIZEN S GUIDE TO STRUCTURED SENTENCING
A CITIZEN S GUIDE TO STRUCTURED SENTENCING (Revised 2012) PREPARED BY: THE NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION P.O. Box 2448 Raleigh, N.C. 27602 phone 919-890-1470 fax 919-890-1933
More informationSpecial Topic Seminar for District Court Judges February 2012 JUSTICE REINVESTMENT EXERCISES. Answers and Explanations
JUSTICE REINVESTMENT EXERCISES Special Topic Seminar for District Court Judges February 2012 Answers and Explanations COMMUNITY AND INTERMEDIATE PUNISHMENT 1. A prior conviction level I offender is convicted
More informationA CITIZEN S GUIDE TO STRUCTURED SENTENCING
A CITIZEN S GUIDE TO STRUCTURED SENTENCING (Revised 2010) PREPARED BY: THE NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION P.O. Box 2472 Raleigh, N.C. 27602 phone 919-890-1470 fax 919-890-1933
More informationProbation Reform Common Sentencing Errors
Probation Reform Common Sentencing Errors Judge Greg Horne Jamie Markham June 2010 Probation changes, generally Effective for offenses committed on/after December 1, 2009 Be sure to use the proper form!
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2007 SESSION LAW HOUSE BILL 1003
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2007 SESSION LAW 2008-129 HOUSE BILL 1003 AN ACT TO PROVIDE THAT THE COURT MAY CONSIDER A DEFENDANT'S PRIOR WILLFUL FAILURES TO COMPLY WITH CONDITIONS OF RELEASE
More informationNC General Statutes - Chapter 15A Article 81B 1
Article 81B. Structured Sentencing of Persons Convicted of Crimes. Part 1. General Provisions. 15A-1340.10. Applicability of structured sentencing. This Article applies to criminal offenses in North Carolina,
More informationNC General Statutes - Chapter 15A Article 82 1
Article 82. Probation. 15A-1341. Probation generally. (a) Use of Probation. Unless specifically prohibited, a person who has been convicted of any criminal offense may be placed on probation as provided
More informationNew Felony Defender Training: SENTENCING IN SUPERIOR COURT
New Felony Defender Training: SENTENCING IN SUPERIOR COURT Jamie Markham UNC School of Government February 10, 2011 1. USE THE PROPER SENTENCING LAW a. Structured Sentencing. Applies to most crimes committed
More informationNC General Statutes - Chapter 15A Article 85 1
Article 85. Parole. 15A-1370.1. Applicability of Article 85. This Article is applicable to all prisoners serving sentences of imprisonment for convictions of impaired driving under G.S. 20-138.1. This
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 H 2 HOUSE BILL 725 Committee Substitute Favorable 6/12/13
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1 H HOUSE BILL Committee Substitute Favorable /1/1 Short Title: Young Offenders Rehabilitation Act. (Public) Sponsors: Referred to: April, 1 1 1 1 A BILL TO BE
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 H 1 HOUSE BILL 399. Short Title: Young Offenders Rehabilitation Act. (Public)
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION H 1 HOUSE BILL Short Title: Young Offenders Rehabilitation Act. (Public) Sponsors: Referred to: Representatives Avila, Farmer-Butterfield, Jordan, and D. Hall
More informationOverview. Justice Reinvestment: Big Picture 1/26/18
Overview 85,000 people on probation Around 19% of them get revoked and imprisoned for violating They are entitled to notice and a hearing on alleged violations Justice Reinvestment: Big Picture Since 2011,
More informationSession of HOUSE BILL No By Committee on Corrections and Juvenile Justice 1-18
Session of 0 HOUSE BILL No. 00 By Committee on Corrections and Juvenile Justice - 0 AN ACT concerning crimes, punishment and criminal procedure; relating to sentencing; possession of a controlled substance;
More informationGENERAL ASSEMBLY OF NORTH CAROLINA Session 2017 Legislative Incarceration Fiscal Note
GENERAL ASSEMBLY OF NORTH CAROLINA Session 2017 Legislative Incarceration Fiscal Note BILL NUMBER: Senate Bill 257 (Second Edition) SHORT TITLE: Appropriations Act of 2017. SPONSOR(S): FISCAL IMPACT ($
More informationFlorida Senate SB 170 By Senator Lynn
By Senator Lynn 1 A bill to be entitled 2 An act relating to the sentencing of youthful 3 offenders; amending s. 958.04, F.S.; 4 prohibiting the court from sentencing a person 5 as a youthful offender
More informationNC General Statutes - Chapter 15A Article 46 1
Article 46. Crime Victims' Rights Act. 15A-830. Definitions. (a) The following definitions apply in this Article: (1) Accused. A person who has been arrested and charged with committing a crime covered
More informationHOUSE BILL NO. HB0094. Sponsored by: Joint Judiciary Interim Committee A BILL. for. AN ACT relating to criminal justice; amending provisions
0 STATE OF WYOMING LSO-0 HOUSE BILL NO. HB00 Criminal justice reform. Sponsored by: Joint Judiciary Interim Committee A BILL for AN ACT relating to criminal justice; amending provisions relating to sentencing,
More informationGENERAL ASSEMBLY OF NORTH CAROLINA Session 2017 Legislative Incarceration Fiscal Note
GENERAL ASSEMBLY OF NORTH CAROLINA Session 2017 Legislative Incarceration Fiscal Note BILL NUMBER: House Bill 297 (First Edition) SHORT TITLE: Amend Habitual DWI. SPONSOR(S): Representatives Jackson, Hurley,
More informationGENERAL ASSEMBLY OF NORTH CAROLINA Session 2017 Legislative Incarceration Fiscal Note
GENERAL ASSEMBLY OF NORTH CAROLINA Session 2017 Legislative Incarceration Fiscal Note BILL NUMBER: House Bill 181 (First Edition) SHORT TITLE: First Responders Act of 2017. SPONSOR(S): Representatives
More informationSentencing hearing after conviction for impaired driving; determination of grossly aggravating and aggravating and mitigating factors;
20-179. Sentencing hearing after conviction for impaired driving; determination of grossly aggravating and aggravating and mitigating factors; punishments. (a) Sentencing Hearing Required. After a conviction
More informationTitle 17-A: MAINE CRIMINAL CODE
Title 17-A: MAINE CRIMINAL CODE Chapter 51: SENTENCES OF IMPRISONMENT Table of Contents Part 3.... Section 1251. IMPRISONMENT FOR MURDER... 3 Section 1252. IMPRISONMENT FOR CRIMES OTHER THAN MURDER...
More informationGlossary of Criminal Justice Sentencing Terms
Please see the Commission s Sentencing Guidelines Implementation Manual for additional detailed information. Concurrent or Consecutive Sentences When more than one sentence is imposed, or when a sentence
More informationGENERAL ASSEMBLY OF NORTH CAROLINA Session 2017 Legislative Incarceration Fiscal Note
GENERAL ASSEMBLY OF NORTH CAROLINA Session 2017 Legislative Incarceration Fiscal Note BILL NUMBER: House Bill 249 (First Edition) SHORT TITLE: Economic Terrorism. SPONSOR(S): Representative Torbett FISCAL
More informationConditions of probation; evaluation and treatment; fees; effect of failure to abide by conditions; modification.
OREGON REVISED STATUTES (as amended 2011) TITLE 14 PROCEDURE IN CRIMINAL MATTERS GENERALLY Chapter 137 - Judgment and Execution; Parole and Probation by the Court PROBATION AND PAROLE BY COMMITTING MAGISTRATE
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW HOUSE BILL 642
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW 2011-192 HOUSE BILL 642 AN ACT TO IMPLEMENT CERTAIN RECOMMENDATIONS OF THE JUSTICE REINVESTMENT PROJECT AND TO PROVIDE THAT THE ACT SHALL BE
More informationHOUSE BILL No As Amended by House Committee
Session of 0 As Amended by House Committee HOUSE BILL No. 0 By Committee on Corrections and Juvenile Justice - 0 0 0 AN ACT concerning crimes, punishment and criminal procedure; relating to human trafficking
More informationJurisdiction Profile: Alabama
1. THE SENTENCING COMMISSION Q. What year was the commission established? Has the commission essentially retained its original form or has it changed substantially or been abolished? The Alabama Legislature
More informationAssembly Bill No. 510 Select Committee on Corrections, Parole, and Probation
Assembly Bill No. 510 Select Committee on Corrections, Parole, and Probation CHAPTER... AN ACT relating to offenders; revising provisions relating to the residential confinement of certain offenders; authorizing
More informationREVISOR XX/BR
1.1 A bill for an act 1.2 relating to public safety; eliminating stays of adjudication and stays of imposition 1.3 in criminal sexual conduct cases; requiring sex offenders to serve lifetime 1.4 conditional
More informationJurisdiction Profile: North Carolina
1. THE SENTENCING COMMISSION Q. What year was the commission established? Has the commission essentially retained its original form or has it changed substantially or been abolished? The North Carolina
More informationSession Law Creating the Minnesota Sentencing Guidelines Commission and Abolishing Parole, 1978 Minn. Laws ch. 723
Session Law Creating the Minnesota Sentencing Guidelines Commission and Abolishing Parole, 1978 Minn. Laws ch. 723 DISCLAIMER: This document is a Robina Institute transcription of statutory contents. It
More informationMassachusetts Sentencing Commission Current Statutes Mass. Gen. Laws ch. 211E 1-4 (2018)
Massachusetts Sentencing Commission Current Statutes Mass. Gen. Laws ch. 211E 1-4 (2018) DISCLAIMER: This document is a Robina Institute transcription of statutory contents. It is not an authoritative
More informationThe Simple Yet Confusing Matter of Sentencing (1 hour) Gary M. Gavenus Materials
The Simple Yet Confusing Matter of Sentencing (1 hour) By Senior Resident Superior Court Judge Gary M. Gavenus Presented for the Watauga County Bar Association Continuing Legal Education Seminar Hound
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 2 HOUSE BILL 369 Committee Substitute Favorable 4/11/17
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 01 H HOUSE BILL Committee Substitute Favorable //1 Short Title: Community Corrections and Probations. (Public) Sponsors: Referred to: March 1, 01 1 1 1 1 1 1
More informationDepartment of Corrections
Agency 44 Department of Corrections Articles 44-5. INMATE MANAGEMENT. 44-6. GOOD TIME CREDITS AND SENTENCE COMPUTATION. 44-9. PAROLE, POSTRELEASE SUPERVISION, AND HOUSE ARREST. 44-11. COMMUNITY CORRECTIONS.
More informationAssembly Bill No. 25 Committee on Corrections, Parole, and Probation
Assembly Bill No. 25 Committee on Corrections, Parole, and Probation CHAPTER... AN ACT relating to criminal offenders; revising provisions relating to certain allowable deductions from the period of probation
More informationTable of Contents INTRODUCTION...17 FORWARD...23
Table of Contents INTRODUCTION...17 FORWARD...23 A...31 APPEALS District Court to Superior Court Infractions Procedures When Appealing From District Court to Superior Court Pretrial Release State s Right
More informationDeterminate Sentencing: Time Served December 30, 2015
Determinate Sentencing: Time Served December 30, 2015 There are 17 states and the District of Columbia that operate a primarily determinate sentencing system. Determinate sentencing is characterized by
More informationInformation Memorandum 98-11*
Wisconsin Legislative Council Staff June 24, 1998 Information Memorandum 98-11* NEW LAW RELATING TO TRUTH IN SENTENCING: SENTENCE STRUCTURE FOR FELONY OFFENSES, EXTENDED SUPERVISION, CRIMINAL PENALTIES
More informationEuthanasia Methods Approved by the AVMA, AHA, and HSUS
Appendixes Appendix A Euthanasia Methods Approved by the AVMA, AHA, and HSUS AHA HSUS AVMA Injection of sodium pentobarbital AHA considers it to be only acceptable method HSUS identifi es it as the preferred
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 HOUSE BILL 494 RATIFIED BILL
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 HOUSE BILL 494 RATIFIED BILL AN ACT TO ALLOW THE USE OF CONTINUOUS ALCOHOL MONITORING SYSTEMS AS A CONDITION OF PRETRIAL RELEASE, AS A CONDITION OF PROBATION,
More informationSentencing Chronic Offenders
2 Sentencing Chronic Offenders SUMMARY Generally, the sanctions received by a convicted felon increase with the severity of the crime committed and the offender s criminal history. But because Minnesota
More informationCriminal Justice A Brief Introduction
Criminal Justice A Brief Introduction ELEVENTH EDITION CHAPTER 10 Probation, Parole, and Community Corrections What is Probation? Community corrections The use of a variety of officially ordered program-based
More information42 Pa.C.S. 9729, 9763, 9773 and Chapter 98.
303.12 Guideline sentence recommendations: Sentencing programs. Pennsylvania Statutes 42 Pa.C.S. JUDICIARY AND JUDICIAL PROCEDURE Part VIII CRIMINAL PROCEEDINGS Chapter 97 SENTENCING Subchapter C SENTENCING
More informationTHE SERVICE OF SENTENCES AND CREDIT APPLICABLE TO OFFENDERS IN CUSTODY OF THE OKLAHOMA DEPARTMENT OF CORRECTIONS
THE SERVICE OF SENTENCES AND CREDIT APPLICABLE TO OFFENDERS IN CUSTODY OF THE OKLAHOMA DEPARTMENT OF CORRECTIONS OKLAHOMA DEPARTMENT OF CORRECTIONS Oklahoma Department of Corrections 3400 Martin Luther
More informationDetermining the Defendant s Registration Obligations Under the Revised Sex Offender Laws October 2007
Determining the Defendant s Registration Obligations Under the Revised Sex Offender Laws October 2007 John Rubin School of Government rubin@sog.unc.edu 919-962-2498 UNC School of Government Note about
More informationNORTH CAROLINA. SENTENCING HANDBOOK with Felony, Misdemeanor, and DWI Sentencing Grids
The School of Government at the University of North Carolina at Chapel Hill works to improve the lives of North Carolinians by engaging in practical scholarship that helps public officials and citizens
More information5B1.1 GUIDELINES MANUAL November 1, 2015
5B1.1 GUIDELINES MANUAL November 1, 2015 PART B - PROBATION Introductory Commentary The Comprehensive Crime Control Act of 1984 makes probation a sentence in and of itself. 18 U.S.C. 3561. Probation may
More informationNC General Statutes - Chapter 15A Article 56 1
SUBCHAPTER X. GENERAL TRIAL PROCEDURE. Article 56. Incapacity to Proceed. 15A-1001. No proceedings when defendant mentally incapacitated; exception. (a) No person may be tried, convicted, sentenced, or
More informationNC General Statutes - Chapter 148 Article 3 1
Article 3. Labor of Prisoners. 148-26. State policy on employment of prisoners. (a) It is declared to be the public policy of the State of North Carolina that all able-bodied prison inmates shall be required
More informationll1. THE SENTENCING COMMISSION
ll1. THE SENTENCING COMMISSION What year was the commission established? Has the commission essentially retained its original form, or has it changed substantially or been abolished? The Commission was
More information2014 Kansas Statutes
74-9101. Kansas sentencing commission; establishment; duties. (a) There is hereby established the Kansas sentencing commission. (b) The commission shall: (1) Develop a sentencing guideline model or grid
More informationIC Chapter 6. Release From Imprisonment and Credit Time
IC 35-50-6 Chapter 6. Release From Imprisonment and Credit Time IC 35-50-6-0.1 Application of certain amendments to chapter Sec. 0.1. The following amendments to this chapter apply as follows: (1) The
More informationDRAFT PROBATION VIOLATIONS. James M. Markham April 2013
PROBATION VIOLATIONS James M. Markham April 2013 Contents Introduction... 2 Initiating a Violation... 3 Addenda.... 4 Alleging a violation of unsupervised probation.... 4 Notice of failures to pay child
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2005 SESSION LAW HOUSE BILL 1896
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2005 SESSION LAW 2006-247 HOUSE BILL 1896 AN ACT TO (1) AMEND THE SEX OFFENDER AND PUBLIC PROTECTION REGISTRATION PROGRAMS; (2) IMPLEMENT A SATELLITE-BASED MONITORING
More informationOptions of court at dispositional hearing. If in its decree the juvenile court finds that the child comes within the purview of this chapter,
635.060 Options of court at dispositional hearing. If in its decree the juvenile court finds that the child comes within the purview of this chapter, the court, at the dispositional hearing, may impose
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 280. Short Title: Juvenile Justice Reinvestment Act. (Public)
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 01 H 1 HOUSE BILL 0 Short Title: Juvenile Justice Reinvestment Act. (Public) Sponsors: Referred to: Representatives McGrady, Lewis, Duane Hall, and S. Martin
More informationSENATE BILL No February 14, 2017
AMENDED IN ASSEMBLY SEPTEMBER 7, 2017 AMENDED IN ASSEMBLY SEPTEMBER 5, 2017 AMENDED IN ASSEMBLY AUGUST 21, 2017 AMENDED IN ASSEMBLY JULY 17, 2017 AMENDED IN ASSEMBLY JUNE 29, 2017 AMENDED IN SENATE MAY
More informationTitle 204. Judicial System General Provisions Part VIII Criminal Sentencing Chapter 303. Sentencing Guidelines
Title 204. Judicial System General Provisions Part VIII Criminal Sentencing Chapter 303. Sentencing Guidelines 303.1. Sentencing guidelines standards. (a) The court shall consider the sentencing guidelines
More informationSTATE OF NEW JERSEY. ASSEMBLY, No th LEGISLATURE
ASSEMBLY, No. STATE OF NEW JERSEY th LEGISLATURE INTRODUCED JUNE, 0 Sponsored by: Assemblyman SEAN T. KEAN District 0 (Monmouth and Ocean) Assemblyman DAVID P. RIBLE District 0 (Monmouth and Ocean) Co-Sponsored
More informationMale Initial Custody Assessment Procedures
Male Initial Custody Assessment Procedures... 1 I. Completing the Initial Custody Assessment Facility Assignment Form... 1 A. Identification... 1 B. Custody Evaluation... 2 C. Scale Summary and Recommendations..
More informationCALIFORNIA PENAL CODE SECTION & 3003(g)[restrictions] W&I [restrictions]
CALIFORNIA PENAL CODE SECTION 290-294 & 3003(g)[restrictions] W&I 6608.5 [restrictions] Chapter 5.5. Sex Offenders Pt. 1, Tit. 9, Ch. 5.5 Note 290. Sex Offender Registration Act; Persons required to register
More informationSentencing, Corrections, Prisons, and Jails
22 Sentencing, Corrections, Prisons, and Jails This chapter summarizes legislation enacted by the 1999 General Assembly affecting the sentencing of persons convicted of crimes, the state Department of
More informationOverview of Current Sentencing Laws and Data Presentation to the Task Force on Sentencing Reforms for Opioid Drug Convictions.
Overview of Current Sentencing Laws and Data Presentation to the Task Force on Sentencing Reforms for Opioid Drug Convictions March 6, 2018 Purpose of Presentation Provide an overview of the current sentencing
More informationTHE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL INTRODUCED BY GREENLEAF, LEACH, HUGHES, SCHWANK, YUDICHAK, BROWNE AND STREET, MARCH 12, 2018 AN ACT
PRIOR PRINTER'S NOS., PRINTER'S NO. 10 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No. 1 Session of 01 INTRODUCED BY GREENLEAF, LEACH, HUGHES, SCHWANK, YUDICHAK, BROWNE AND STREET, MARCH, 01 AS AMENDED
More informationll1. THE SENTENCING COMMISSION
ll1. THE SENTENCING COMMISSION What year was the commission established? Has the commission essentially retained its original form, or has it changed substantially or been abolished? The entity that drafted
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 2 HOUSE BILL 280 Committee Substitute Favorable 5/10/17
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION H HOUSE BILL 0 Committee Substitute Favorable // Short Title: Juvenile Justice Reinvestment Act. (Public) Sponsors: Referred to: March, 1 0 1 A BILL TO BE ENTITLED
More informationStructured Sentencing
North Carolina Sentencing and Policy Advisory Commission Structured Sentencing Training and Reference Manual Applies to offenses committed on or after December 1, 2014 The Honorable W. Erwin Spainhour
More informationChapter 4 Conviction and Sentence for Immigration Purposes
Chapter 4 Conviction and Sentence for Immigration Purposes 4.1 Conviction for Immigration Purposes 4-2 A. Conviction Defined B. Conviction without Formal Judgment C. Finality of Conviction 4.2 Effect of
More informationJurisdiction Profile: Massachusetts
1. THE SENTENCING COMMISSION Q. What year was the commission established? Has the commission essentially retained its original form or has it changed substantially or been abolished? The Massachusetts
More informationPROPOSED AMENDMENTS TO HOUSE BILL 3078
HB 0- (LC 1) // (JLM/ps) Requested by Representative KOTEK PROPOSED AMENDMENTS TO HOUSE BILL 0 1 On page 1 of the printed bill, line, after the semicolon delete the rest of the line and delete line and
More informationIN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. CHRISTOPHER WALT CARNINE, Defendant. Nos. FECR012518, FECR012516 JUDGMENT AND SENTENCE This matter came before the Court on
More informationChapter 148. State Prison System. Article 1. Organization and Management Repealed by Session Laws 1973, c. 1262, s. 10.
Chapter 148. State Prison System. Article 1. Organization and Management. 148-1. Repealed by Session Laws 1973, c. 1262, s. 10. 148-2. Prison moneys and earnings. (a) Persons authorized to collect or receive
More informationDESCHUTES COUNTY ADULT JAIL L. Shane Nelson, Sheriff Jail Operations Approved by: March 10, 2016 TIME COMPUTATION
DESCHUTES COUNTY ADULT JAIL CD-5-8 L. Shane Nelson, Sheriff Jail Operations Approved by: March 10, 2016 POLICY. TIME COMPUTATION It is the policy of the Deschutes County Corrections Division to ensure
More informationSession of SENATE BILL No By Committee on Judiciary 2-1
Session of 0 SENATE BILL No. By Committee on Judiciary - 0 0 0 AN ACT concerning crimes, punishment and criminal procedure; relating to criminal discharge of a firearm; sentencing; amending K.S.A. 0 Supp.
More informationSentencing, Corrections, Prisons, and Jails
26 Sentencing, Corrections, Prisons, and Jails This chapter summarizes legislation enacted by the General Assembly in 2007 affecting the sentencing of persons convicted of crimes, the state Department
More informationll1. THE SENTENCING COMMISSION
ll1. THE SENTENCING COMMISSION What year was the commission established? Has the commission essentially retained its original form, or has it changed substantially or been abolished? The Commission was
More informationll1. THE SENTENCING COMMISSION
ll1. THE SENTENCING COMMISSION A. What year was the commission established? Has the commission essentially retained its original form, or has it changed substantially or been abolished? The Arkansas Sentencing
More informationCounty of Santa Clara Office of the District Attorney
County of Santa Clara Office of the District Attorney 65137 A DATE: November 7, 2012 TO: FROM: SUBJECT: Board of Supervisors Jeffrey F. Rosen, District Attorney Civil Detainer Policy Review RECOMMENDED
More informationCAUSE NUMBER 00 THE STATE OF TEXAS IN THE COUNTY CRIMINAL V. COURT AT LAW NUMBER 00 DEFENDANT OF HARRIS COUNTY, TEXAS
CAUSE NUMBER 00 THE STATE OF TEXAS IN THE COUNTY CRIMINAL V. COURT AT LAW NUMBER 00 DEFENDANT OF HARRIS COUNTY, TEXAS MEMBERS OF THE JURY: You have found the Defendant, name, guilty of the offense of driving
More informationSUPREME COURT OF ALABAMA
REL: August 31, 2018 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama
More informationSENATE BILL NO. 34 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FIRST LEGISLATURE - FIRST SESSION A BILL FOR AN ACT ENTITLED
SENATE BILL NO. IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FIRST LEGISLATURE - FIRST SESSION BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced: // Referred: State Affairs, Finance
More informationIC Chapter 2.5. Home Detention
IC 35-38-2.5 Chapter 2.5. Home Detention IC 35-38-2.5-1 Offenders to which chapter applies Sec. 1. This chapter applies to adult offenders and to juveniles who have committed a delinquent act that would
More informationEffective October 1, 2015
Modification to the Sentencing Standards. Adopted by the Alabama Sentencing Commission January 9, 2015. Effective October 1, 2015 A 3 Appendix A A 4 I. GENERAL INSTRUCTIONS - Introduction The Sentencing
More informationMISSISSIPPI LEGISLATURE REGULAR SESSION 2017
MISSISSIPPI LEGISLATURE REGULAR SESSION 2017 By: Representative DeLano To: Corrections HOUSE BILL NO. 35 1 AN ACT TO REQUIRE THAT AN INMATE BE GIVEN NOTIFICATION OF 2 CERTAIN TERMS UPON HIS OR HER RELEASE
More informationColorado Legislative Council Staff
Colorado Legislative Council Staff Distributed to CCJJ, November 9, 2017 Room 029 State Capitol, Denver, CO 80203-1784 (303) 866-3521 FAX: 866-3855 TDD: 866-3472 leg.colorado.gov/lcs E-mail: lcs.ga@state.co.us
More informationFrequently Asked Questions: Sentencing Guidelines (6 th Edition & 6 th Edition, Revised) and General Sentencing Issues
Offense Gravity Score (OGS) Does an increased OGS for ethnic intimidation require a conviction under statute? Guidelines are conviction-based recommendations. Assignment of an OGS is based on the specifics
More informationAN ACT. Be it enacted by the General Assembly of the State of Ohio:
(131st General Assembly) (Amended Substitute Senate Bill Number 97) AN ACT To amend sections 2152.17, 2901.08, 2923.14, 2929.13, 2929.14, 2929.20, 2929.201, 2941.141, 2941.144, 2941.145, 2941.146, and
More informationCRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS Act of Jul. 5, 2012, P.L. 880, No. 91 Cl. 18 Session of 2012 No.
HB 75 CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS Act of Jul. 5, 2012, P.L. 880, No. 91 Cl. 18 Session of 2012 No. 2012-91 AN ACT Amending Titles 18 (Crimes and Offenses)
More information(d) "Incarceration" and "confinement" do not include electronic home monitoring.
Minn. Stat. 243.166 OFFENDERS. (2012) REGISTRATION OF PREDATORY Subd. 1a. Definitions. (a) As used in this section, unless the context clearly indicates otherwise, the following terms have the meanings
More informationSex Offender Registration in North Carolina
Sex Offender Registration in North Carolina Lauren Earnhardt Associate General Counsel North Carolina Sheriffs Association Post Office Box 20049 Raleigh, North Carolina 27619 (919) SHERIFF (743-7433) www.ncsheriffs.org
More informationRaise the Age Presentation: 2017 NYSAC Fall Seminar. September 21, 2017
Raise the Age Presentation: 2017 NYSAC Fall Seminar September 21, 2017 September 21, 2017 2 Legislation Signed into Law Raise the Age (RTA) legislation was enacted on April 10, 2017 (Part WWW of Chapter
More informationCHAPTER Senate Bill No. 388
CHAPTER 97-271 Senate Bill No. 388 An act relating to court costs; providing legislative intent; creating chapter 938, F.S.; providing for certain mandatory costs in all cases; providing for certain mandatory
More informationICAOS Rules. General information
ICAOS Rules General information Effective Date: March 01, 2018 Introduction The Interstate Commission for Adult Offender Supervision is charged with overseeing the day-to-day operations of the Interstate
More informationPart 1 Rules for the Continued Delivery of Services in Non- Capital Criminal and Non-Criminal Cases at the Trial Level
Page 1 of 17 Part 1 Rules for the Continued Delivery of Services in Non- Capital Criminal and Non-Criminal Cases at the Trial Level This first part addresses the procedure for appointing and compensating
More informationSupreme Court of Florida
Supreme Court of Florida No. SC01-1446 AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE 3.704 AND 3.992 (CRIMINAL PUNISHMENT CODE) [September 26, 2001] PER CURIAM. The Committee on Rules to Implement
More information