Revised Drug Trafficking Chart

I mentioned in this prior post that the 2012 Justice Reinvestment clarifications act, S.L. 2012-188, made changes related to drug trafficking. Specifically, the law amended G.S. 15A-1368.1 to make clear that the post-release supervision law applies to drug trafficking sentences and added time onto the maximum sentences for those offenses accordingly. In response to the changes I prepared a revised drug trafficking sentencing chart. It is available here. The 2012 changes to the law were made effective for offenses committed on or after December 1, 2012. Going forward, it is clear the drug trafficking sentences for crimes occurring on or after that date receive post-release supervision (PRS) just like any Structured Sentencing felony: 12 months of PRS for Class B1–E trafficking, 9 months of PRS for Class F–I trafficking. The changes do not, however, answer the question of how PRS applies (if at all) for trafficking offenses committed before December 1, 2012. Before it was amended, G.S. 15A-1368.1 said that PRS applied to “all felons sentenced to an active punishment under Article 81B.” Article 81B of Chapter 15A is Structured Sentencing. Some would say that drug trafficking crimes are not sentenced under Structured Sentencing. They are instead sentenced under G.S. 90-95(h), and thus PRS does not apply. I think there are at least two problems with that view. First, the statute setting out the applicability of Structured Sentencing, G.S. 15A-1340.10, says that it applies to criminal offenses other than impaired driving and certain health control measures. In other words, certain crimes are [...]