SBM Update Part II: State v. Green

Last week I wrote about State v. Clark and State v. Brown, the latest cases from the court of appeals on what qualifies as an aggravated offense at a satellite-based monitoring (SBM) determination hearing. You can read that post here. To sum it up, under a line of cases summarized in Clark, first- and second-degree rape appear to be the only crimes that can qualify as aggravated offenses triggering lifetime SBM. Today’s post is about State v. Green, another recent SBM case that sheds light on offenses that might prompt SBM for a period specified by the court. Backing up for a moment, recall that there are two broad categories of SBM: lifetime SBM and SBM for a period specified by the court. Lifetime SBM is mandatory for recidivists, sexually violent predators, and offenders convicted of an aggravated offense, as well as for defendants convicted of rape or sexual offense with a child by an adult under G.S. 14-27.2A or G.S. 14-27.4A. G.S. 14-208.40(a)(1) and (a)(3). Non-lifetime SBM (which DOC sometimes refers to as “conditional” SBM) applies if the court (a) finds that the defendant committed an offense that involved the physical, mental, or sexual abuse of a minor, and (b) determines, based on a DOC risk assessment (and, potentially, other findings, which I’ll discuss in a moment) that the defendant requires the “highest possible level of supervision and monitoring.” G.S. 14-208.40(a)(2). Green is a “conditional” SBM case. The defendant pled guilty in 2008 to two counts of indecent liberties with [...]