FAQs 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 violations of the new statutory absconding condition set out in G.S. 15A-1343(b)(3a). For all other probation violations occurring on or after that date, the court may impose Confinement in Response to Violation (CRV, sometimes referred to as a “dunk”) under new G.S. 15A-1344(d2). After a defendant has received two CRV periods, the court may revoke for any violation. I wrote about CRV in this prior post. The questions about CRV have been pouring in. I thought it might be helpful to collect some of them into a frequently asked question post. What is the effective date of the limitation on the court’s authority to revoke probation and the grant of authority to impose CRV? The relevant effective date for these provisions was set out in section 4.(d) of the Justice Reinvestment Act (S.L. 2011-192) and then amended by section 2.3.(e) of S.L. 2011-412, which made some technical corrections to the law. The final effective date language said the law was “effective December 1, 2011, and applies to probation violations occurring on or after that date.” I read “probation violations occurring” to refer to the date of the alleged offending behavior—not the date the violation report was filed, not the date the offender was served with the violation, not the date the violation hearing itself is held, or any other [...]