G.S. 90-96 provides a parole option for certain drug offenses. A parole differs from a deferred prosecution. In a parole program, the defendant is convicted (either at a trial or by a guilty plea) but is then placed on probation without the court actually deciding the case. If the defendant succeeds on parole, the court executes a “dismissal and release” and the defendant remains unconvicted. If the defendant fails probation, the court enters the verdict and sentences the defendant, often again to probation, but this time to a regular post-conviction probation period.
I’ve said it before and I’ll say it again: the G.S. 90-96 is complicated. I get as many questions about this as any other law. Justice Reinvestment made the G.S. 90-96 for the consent of defendants in 2011, but this requirement proved problematic enough in practice that the law returned discretionary powers in 2013 (as described here).
An overview of G.S. 90-96
General Statute 90-96 is a provision of North Carolina statute that allows courts to place persons accused of drug offenses on probation as an alternative to a conviction. Only first-time offenders whose crimes qualify under the provisions of the law are eligible for this program.
The probationary period must not be less than one year. In most cases, courts are required by law to also require defendants to enroll in and successfully complete a drug education program. The accused must complete the course within 150 days of the judge handing down the sentence. The course must be held at a drug education school accredited by the Department of Health and Human Services.
Qualifications and Program Requirements 90-96
The program takes its name from the portion of the statute authorizing it, N.C.G.S. §90-96. Once the defendant applies to the program, he or she may request that a drug charge be dismissed conditionally after completing a drug education program.
The law provides two distinct requirements to participate in the 90-96 program. To qualify for parole under Section 90-96(a), which applies to most defendants, you must have no prior felony or misdemeanor convictions for possession of a controlled substance or paraphernalia. The Section 90-96(a1) program is available for non-drug felony and drug misdemeanor convictions older than seven years.
Absolute Advocacy – Concord
133 Union Street South Concord, NC 28025 Telephone: (704) 215-4095
What does this mean?
It may not sound like a big change, but the practical consequence of this decision is another tipping of the judiciary in favor of the state. Furthermore, this judgment may also prevent judges from carrying out a full and exhaustive analysis of the facts and law concerned; for even if they cannot undertake a full analysis of the facts, the state can simply argue that the required facts were established by the record anyway.