Where to Serve a Sentence

Under existing law, the basic rules for where a sentence should be served are as follows: Misdemeanors, 90 days or less. If a sentence imposed for a misdemeanor is 90 days or less, it generally must be served in the jail. G.S. 15A-1352(a). There are exceptions for when the jail is overcrowded or the inmate presents security or medical risks. G.S. 148-32.1(a); G.S. 162-38 and -39. Misdemeanors, 91 days or more. If a sentence imposed for a misdemeanor is 91 days or more, the judge can, in his or her discretion, commit the defendant to either the jail or to the Department of Correction (DOC). G.S. 15A-1352(a). Caveat for Chapter 20 misdemeanors. Misdemeanor violations of Chapter 20 other than G.S. 20-28(a) (driving while license revoked), 20-141.3(b) and (c) (speed competitions), 20-141.4 (death or serious injury by vehicle), or a second or subsequent conviction of G.S. 20-138.1 (impaired driving), must be sentenced to the jail unless the person has previously been jailed for a Chapter 20 violation. G.S. 20-176(c1). Felonies. Felons must be committed to DOC except the judge may, upon request of the sheriff or board of county commissioners, sentence the felon to the jail. G.S. 15A-1352(b). The Justice Reinvestment Act (S.L. 2011-192) makes some changes to those rules, effective for sentences imposed on or after January 1, 2012. Here are the new rules for determining where sentences imposed on or after that date should be served. Misdemeanors, 90 days or less. The law is essentially unchanged: misdemeanor sentences of 90 [...]