From 2002 until 2008, FAMM worked to reform state mandatory sentences in North Carolina. FAMM suspended the project in March 2008, but continues to track legislative efforts in North Carolina and update members with legislative alerts when appropriate.
FAMM is grateful to the many members in North Carolina who participated in our state campaign efforts and those who made our work in North Carolina worthwhile, including Susan Katzenelson and John Madler of the North Carolina Sentencing Commission; LaFonda Jones General, former N.C. FAMM project director; Randolph Cloud of Randolph Cloud and Associates; Landon Adams, executive director of the Triangle Lost Generation Task Force; Sarah Preston, ACLU; and Jack Register of the National Association of Social Workers North Carolina.
If you are interested in more information on reform efforts in North Carolina, please contact the Triangle Lost Generation Task Force, Inc. at trianglelgtf@mac.com or (919) 256-4259 or the Carolina Justice Policy Center at (919) 681-1149.
Learn more:
North Carolina’s Smart on Crime Briefing Book (pdf)
Background on North Carolina mandatory minimums
North Carolina has mandatory sentencing laws on the books that apply to certain state convictions, including the Habitual Felon Act and drug offenses. Legislation to repeal North Carolina's Habitual Felon Act narrowly failed in 1994, the same year the state enacted new sentencing guidelines. After 1994, prosecutors charged many more under the act, which "trumps" the guidelines and mandates extremely tough penalties for repeat offenses, regardless how minor the offense that triggers the Habitual Felon charges.
Anyone convicted of a felony who has at least three prior felony convictions - or even some prior misdemeanors - can be charged as a habitual felon. Two-thirds convicted under the act committed low-level, nonviolent felonies such as minor property crimes or non-trafficking drug offenses. Many of these individuals are chemically addicted and/or have an underlying mental illness. Both the Habitual Felon Act and the state's harsh mandatory minimum drug sentences prevent judges from using the state's acclaimed structured sentencing guidelines to impose sentences more closely tailored to the facts of each case and each individual's potential for rehabilitation.
Does the state have mandatory minimum laws? Yes. Click here to learn more.
Does the state have a sentencing commission? Yes, the North Carolina Sentencing and Policy Advisory Commission.
Does the state have sentencing guidelines? Yes, the “Structured Sentencing Training and Reference Manual” and the “Punishment Grids.”
If yes, are the sentencing guidelines voluntary/advisory or mandatory? Mandatory.
Does the state have drug courts? Yes. Click here to learn more.
Does the state have one or more safety valves/exceptions? No. To learn more about safety valves, read FAMM's factsheet, Safety Valves in a Nutshell.
Helpful links
Governor Bev Perdue
North Carolina Department of Corrections
North Carolina Post-release Supervision & Parole Commission
North Carolina Office of Executive Clemency (pardons and commutations)
North Carolina General Assembly (state legislature)
North Carolina Court System
North Carolina Drug Courts
Want help finding a lawyer in this state? Click here or contact the local association of criminal defense lawyers. You can learn more about how to work with an attorney by reading our answers to frequently asked questions.
Want to search this state’s laws? Click here
Want to find out how a bill becomes a law in this state? Click here
Want to find your state legislative representatives? Click here
Want to work on changing the laws in your state? Learn how through our Citizen Action Kit!
Sentencing/Criminal Justice Reform Groups in the State
ACLU of North Carolina
Carolina Justice Policy Center
DISCLAIMER: FAMM does not endorse or support and is not affiliated with any of the attorneys, organizations, or sites listed on this page. FAMM cannot guarantee that the laws listed on its website or the content appearing on any of the links listed on this page are accurate or fully up-to-date. Laws change often, and before taking any action in reliance on the information presented on FAMM’s website or on the sites linked to on this page, you should always verify that the information is still accurate or talk with an attorney. If you feel you need legal advice, you should seek the help of an attorney in your state. FAMM cannot provide legal advice, representation, research, or referrals.