State v. Self, 217 N.C. App. 638 (Dec. 20, 2011)

The court rejected the defendant’s argument that the trial court lacked jurisdiction to conduct an SBM determination hearing because the DOC did not file a complaint or issue a summons to the defendant as required by the Rules of Civil Procedure. The court concluded that G.S. 14-208.40B(b), “which governs the notification procedure for an offender when there was no previous SBM determination at sentencing, does not require NCDOC to either file a complaint or issue a summons in order to provide a defendant with adequate notice of an SBM determination hearing.” Moreover, it concluded, the defendant does not argue that the DOC’s letter failed to comply with the notification provisions of G.S. 14-208.40B(b).