An Update on Absconding

A recent appellate case sheds additional light on what it means to abscond from probation. Under G.S. 15A-1343(b)(3a), it is a regular condition of probation that a defendant must not “abscond by willfully avoiding supervision or by willfully making [his or her] whereabouts unknown to the supervising probation officer.” The condition hasn’t been around very long—only since December 1, 2011, and only for offenses committed on or after that date—so we don’t have much case law to help explain what it means. It matters, of course, because absconding is one of the few things for which a person may be revoked after Justice Reinvestment. Earlier cases have indicated that violating behavior should not be considered absconding “when these exact actions violate the explicit language of a wholly separate regular condition of probation which does not allow for revocation.” State v. Johnson, __ N.C. App. __, 783 S.E.2d 21 (2016) (discussed here). Applying that rule, the Johnson court concluded that a probationer did not abscond when he missed only one office appointment, because that was merely a violation of G.S. 15A-1343(b)(3), the requirement that a probationer report to his or her probation officer as directed. Additionally, the defendant’s whereabouts were not unknown—because he was wearing an electronic house arrest monitor. Likewise in State v. Williams, __ N.C. App. __, 776 S.E.2d 741 (2015) (discussed here), the court of appeals held that a defendant did not abscond when he missed multiple appointments and traveled out of state without permission, because those behaviors violated [...]