Proper Place of Confinement for a Probation Revocation

Last year I posted a chart summarizing the proper place of confinement (jail, prison, or Statewide Misdemeanant Confinement Program) for various types of imprisonment. The chart covers active sentences, split sentences, CRVs, quick dips, and incarceration for nonpayment of a fine. One thing it does not explicitly cover, though, is the proper place of confinement for a sentence activated upon revocation of probation. In response to a flurry of questions, I’ll take that issue up today. When a defendant’s sentence is activated upon revocation of probation, where should the sentence be served? Is the proper place of confinement determined by the rules in place when the person was placed on probation, or should the revoking judge update the place of confinement to reflect recent changes to the law? The answer lies in the effective date of the legislation that most recently changed the place-of-confinement rules. As described in this prior post, S.L. 2014-100 expanded the Statewide Misdemeanant Confinement Program (SMCP) to include Structured Sentencing misdemeanors in excess of 180 days, and all active sentences for DWI regardless of length. Those changes were made effective as follows. The Structured Sentencing changes kicked in for “persons placed on probation or sentenced to imprisonment” on or after October 1, 2014. The DWI changes were made effective for “persons placed on probation or sentenced to imprisonment for impaired driving under G.S. 20-138.1 on or after January 1, 2015.” S.L. 2014-100, § 16C.1.(g). I read those effective dates to apply to new sentences imposed on or [...]