Remain Within the Jurisdiction

Published for NC Criminal Law on December 21, 2010.

It is a regular condition of probation for all supervised probationers that they “[r]emain within the jurisdiction of the court unless granted written permission to leave by the court or [their] probation officer.” G.S. 15A-1343(b)(2). What does “jurisdiction” mean in that statute? The county in which probation was imposed? The judicial district? The entire state? The law isn’t clear, and there’s disagreement on the issue around the state. The confusion stems in part from the fact that jurisdiction can mean multiple things. It can refer to the court’s physical location, its legal authority, or to the geographical limits over which that authority may be exercised. I think the clearest reading of the jurisdiction of the court in this context is the state of North Carolina. The court that imposes probation always retains authority to alter or revoke it under G.S. 15A-1344(a), and that court also has the power to issue an order for arrest—valid throughout the state under G.S. 15A-305(d)—in response to an alleged violation. So, from a judicial authority standpoint, a probationer remains within the sentencing court’s reach regardless of where he or she travels within the state. If the condition was intended to restrict a probationer to the county or judicial district in which probation was imposed I think the General Assembly would have said so more clearly. In fact, the legislature did say it more clearly last year when it added the default condition for probationers subject to intermediate punishment that they “[r]emain within the county of residence [...]