The End of the Concurrent Sentence Default

For many years, it has been the rule in North Carolina that when multiple sentences of imprisonment are imposed, they run concurrently by default. That has been required by statute since 1977. G.S. 15A-1354. And that statute carried forward prior law that “sentences are to run concurrently unless otherwise specified.” Id. Official Commentary.  Effective today, that default rule is removed. Under G.S. 15A-1354(a), “[w]hen multiple sentences of imprisonment are imposed on a person at the same time or when a term of imprisonment is imposed on a person who is already subject to an undischarged term of imprisonment, including a term of imprisonment in another jurisdiction, the sentences may run either concurrently or consecutively, as determined by the court.” Previously, the law went on to say that “[i]f not specified or not required by statute to run consecutively, sentences shall run concurrently.” Effective for offenses committed on or after December 1, 2025, that provision is deleted, with the result being that there is no default under G.S. 15A-1354. Instead, a new provision is added stating “[t]he court shall make a finding on the record stating the reasoning for the determination of the court.” S.L. 2025-70, section 19.(a). So, the court must decide whether the sentence being imposed will run concurrently with or consecutively to other sentences being imposed at the same time, as well as any other existing terms of imprisonment. The Administrative Office of the Courts has prepared new forms (see, e.g., AOC-CR-601), giving the court space to make the [...]