Court of Appeals Decides an Absconding Donut Hole Case
Published for NC Criminal Law on July 08, 2013.
Last week the court of appeals decided State v. Nolen, its first absconding “donut hole” case. Pardon the mixed metaphor, but here is the donut hole in a nutshell:
- The Justice Reinvestment Act said probationers who “abscond” under G.S. 15A-1343(b)(3a) after December 1, 2011 may have their probation revoked.
- But the absconding condition in G.S. 15A-1343(b)(3a) only applies to persons on probation for an offense that occurred on or after December 1, 2011.
- Thus, thousands of offenders on probation for pre-December 1, 2011 offenses are not subject to the revocation-eligible absconding condition.
Public Officials - Courts and Judicial Administration Roles
Topics - Courts and Judicial Administration