North Carolina § 15A-1340 - 10. Applicability of structured sentencing.

§ 15A-1340. 10. Applicability of structured sentencing.

This Article applies to criminal offenses in North Carolina, other than impaired driving under G.S. 20-138.1 and failure to comply with control measures under G.S. 130A-25 , that occur on or after October 1, 1994. This Article does not apply to violent habitual felons sentenced under Article 2B of Chapter 14 of the General Statutes. History (1993, c. 538, s. 1; 1994, Ex. Sess., c. 22, s. 35; c. 24, s. 14(a), (b); 1993 (Reg. Sess., 1994), c. 767, s. 17.) Editor's Note. - Session Laws 2020-3, s. 4.41(a), provides: "Any criminal judgment requiring a defendant to serve periods of confinement or imprisonment in a local confinement facility may be modified by the chief district court judge of the judicial district in which the order was issued if the chief district court judge finds that all of the following requirements are met: "(1) The defendant is unable to serve one or more ordered periods of confinement or imprisonment due to the local confinement facility's restrictions on inmates during the COVID-19 state of emergency. "(2) Without modification, the defendant will be in violation of the criminal judgment. "(3) The District Attorney consents to modification of the criminal judgment. "Any modification made pursuant to this authorization shall be as minimal as possible to allow the defendant to comply with the requirements of the criminal judgment." Legal Periodicals. - For comment discussing the North Carolina Fair Sentencing Act, see 60 N.C.L. Rev. 631 (1982). For survey of 1982 law on Criminal Procedure, see 61 N.C.L. Rev. 1090 (1983). For comment on the North Carolina Fair Sentencing Act, see 14 N.C. Cent. L.J. 517 (1984). For survey, "Using the Fair Sentencing Act to Protect the Criminal Defendant," see 9 Campbell L. Rev. 127 (1986). For article, "A Progress Report on the North Carolina Sentencing and Policy Advisory Commission," see 28 Wake Forest L. Rev. 421 (1993). For article, "North Carolina's Fair Sentencing Act: An Ineffective Scarecrow," see 28 Wake Forest L. Rev. 519 (1993). For note, "State v. Jennings: Public Fervor, the North Carolina Supreme Court, and Society's Ultimate Punishment," see 72 N.C.L. Rev. 1672 (1994). For recent development, "Structured Sentencing and the Puzzling Statutory Maximum Punishment: Apprendi's Impact on North Carolina Sentencing Law," see 80 N.C.L. Rev. 1033 (2002). For article, "The Effects of Depth and Distance in a Criminal Code on Charging, Sentencing, and Prosecutor Power," see 84 N.C. L. Rev. 1935 (2006). For article, "Ring v. Arizona and Capital Proceedings: Brave New World or a Reversion to the Old World?," see 30 N.C. Cent. L. Rev. 107 (2008). For article, "Safeguarding the Propriety of the Judiciary," see 91 N.C. L. Rev. 151 (2013).