NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

CHAPTER 720

SENATE BILL 199

AN ACT TO CLARIFY AND MAKE UNIFORM THE LAW RELATING TO CREDIT FOR PRISONERS FOR TIME SPENT ON PAROLE AND CONDITIONAL RELEASE AND TO ALLOW THE SECRETARY OF CORRECTION TO CONDITIONALLY RELEASE COMMITTED YOUTHFUL OFFENDERS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 148-42 as found in the 1974 Supplement to Volume 3C of the General Statutes is rewritten to read as follows:

"§ 148-42.  Indeterminate sentences. — The several judges of the superior court are authorized in their discretion in sentencing prisoners to imprisonment to commit the prisoner to the custody of the Secretary of Correction for a minimum and maximum term. The maximum term imposed shall not exceed the limit otherwise prescribed by law for the offense of which the person is convicted. At any time after the prisoner has served the minimum term less earned allowances for good behavior, pursuant to G.S. 143B-266(b), the Parole Commission is authorized to unconditionally discharge such person."

Sec. 2.  Article 3A of Chapter 148 of the General Statutes, as the same is found in the 1974 Supplement to Volume 3C of the General Statutes, is amended by:

(1)        inserting the words "or parole" after the words "conditional release" and before the comma "," on line 6 of G.S. 148-49.1;

(2)        amending the short title and the first sentence of G.S. 148-49.6 to read as follows:

"§ 148-49.6.  Placement of youthful offenders. — On receipt of the report and recommendations from the diagnostic and classification center, the Secretary of Correction may (a) recommend to the Parole Commission that the committed youthful offender be paroled under supervision, (b) order the committed youthful offender confined and afforded treatment under such conditions as he believes best designed for the protection of the public, or (c) order the immediate conditional release as provided in G.S. 148-49.8.";

(3)        rewriting G.S. 148-49.8 to read as follows:

"§ 148-49.8.  Release of youthful offenders. — (a) When, in the judgment of the Secretary of Correction, a committed youthful offender is ready for parole under supervision, the Secretary shall so report to the Parole Commission with his recommendations. The Parole Commission may at any time after reasonable notice to the Secretary of Correction parole under supervision a committed youthful offender, pursuant to the provisions of Article 4 of this Chapter.

(b)        When the Parole Commission releases conditionally under supervision any committed youthful offender, the time that the committed youthful offender spends at liberty on that conditional release shall be limited and shall be credited toward his active sentence in the same manner as would have occurred had such person been paroled pursuant to Article 4 of this Chapter.

(c)        A committed youthful offender shall be paroled under supervision on or before the expiration of four years from the date of his commitment and may be discharged unconditionally before the expiration of the maximum term imposed.

(d)        The Parole Commission, without the approval of the Secretary of Correction, may release a committed youthful offender on parole within the last 90 days of his maximum term of commitment.

(e)        The Parole Commission may revoke or modify any of its orders respecting a committed youthful offender except an order of unconditional discharge. Upon the unconditional discharge by the Parole Commission of a committed youthful offender before the expiration of the maximum sentence imposed upon him, all rights of citizenship which he forfeited on conviction shall be automatically restored and the Parole Commission shall issue to the youthful offender a certificate to that effect."; and

(4)        inserting on line 2 of G.S. 148-49.9 the words "or paroled" after the words "offenders conditionally released".

Sec. 3.  Article 4 of Chapter 148 of the General Statutes as found in the 1974 Supplement to Volume 3C of the General Statutes is amended by:

(a)        rewriting subsection (a) of G.S. 148-58.1 to read as follows:

"§ 148-58.1.  Credit for time spent on parole; effect of discharge; relief from further reports; permission to leave State or county. — (a) The time a parolee is at liberty on parole and in compliance with all terms and conditions of that parole shall be credited on a day-for-day basis against the sentence imposed by the court; provided, however, that such parolee shall receive no such credit for the period of the last six months of his parole or for the period such parolee spends in a correctional institution of any jurisdiction after having been convicted of a crime. In the event no revocation proceedings are instituted within the final six months of parole supervision, the Parole Commission shall unconditionally discharge such parolee. The period of parole shall not exceed the maximum term of imprisonment to which the parolee was sentenced, less the period of time during which the prisoner has been imprisoned under such sentence. The official discharge by the Parole Commission of a parolee shall have the effect of terminating the sentence or sentences under which the parolee was paroled."; and

(b)        by rewriting subsection (a) of G.S. 148-61.1 to read as follows:

"§ 148-61.1.  Revocation of parole by Commission; conditional or temporary revocation. — (a) The Parole Commission may at any time revoke the order of parole of any parolee. If any parolee shall have his parole revoked, he thereafter shall be returned to the custody of the Secretary of Correction."

Sec. 4.  This act shall become effective on July 1, 1975.

In the General Assembly read three times and ratified, this the 23rd day of June, 1975.