GENERAL ASSEMBLY OF NORTH CAROLINA
1983 SESSION
CHAPTER 560
Whereas, Chapters 15A and 148 of the General Statutes contain ambiguous provisions regarding eligibility of criminal offenders sentenced to a period of imprisonment as an incident or condition of special probation to receive good conduct and gain time credits under the provisions of G.S. 15A-1340.7(b), 15A- 1355(c), and 148-13; and
Whereas, a provision of the General Statutes was enacted on June 4, 1979, as Section 8 of Chapter 749 of the 1979 Session Laws, which specified that the aforementioned criminal offenders were to serve their periods of imprisonment on a "day-for-day" basis, and then on June 4, 1979, the General Assembly ratified legislation that prospectively repealed the foregoing enactment in Section 4 of Chapter 760 of the 1979 Session Laws, the effective date of which repeal was July 1, 1981; and
Whereas, periods of imprisonment imposed as a condition of special probation cannot exceed six months, the manner in which the imprisonment is to be served resting within the discretion of the court; and
Whereas, the court may impose noncontinuous periods of imprisonment as a condition of special probation; and
Whereas, the court has the authority under G.S. 15A- 1344(e) and G.S. 15A-1351(a) to revoke a sentence of special probation and impose the sentence to imprisonment suspended in lieu of the term of special probation, which authority may be exercised as a sanction for violations of prison and detention facility rules to provide for the maintenance of order and discipline; and
Whereas, the repeal of the statutory requirement that criminal offenders sentenced to a term of special probation and a period of imprisonment as a condition thereof serve their sentences on a "day-for-day" basis was inadvertent and that amendments to the provisions of Chapters 15A and 148 of the North Carolina General Statutes are necessary to clarify this statutory requirement; and
Whereas, it is the policy and intent of the General Assembly that these criminal offenders serve their sentences on a "day-for-day" basis without good conduct or gain time credits in reduction of the periods of imprisonment imposed by the court; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1. G.S. 15A-1355(c) is amended by rewriting the second sentence to read:
"The provisions of this subsection do not apply to persons convicted of Class A or Class B felonies nor to persons sentenced to a term of special probation under G.S. 15A-1344(e) or G.S. 15A-1351(a)."
Sec. 2. G.S. 15A-1340.7(a) is amended by adding the following new sentence at the end:
"Defendants sentenced to a term of special probation under G.S.
15A-1344(e) or G.S. 15A-1351(a) are not subject to subsection (b) or to G.S. 148-13(b) for the purposes of good time or gain time deductions."
Sec. 3. G.S. 148-13 is amended by adding a new subsection to read:
"(f) The provisions of this section do not apply to persons sentenced to a term of special probation under G.S. 15A-1344(e) or G.S. 15A-1351(a)."
Sec. 4. This act is effective upon ratification.
In the General Assembly read three times and ratified, this the 17th day of June, 1983.