GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 195

Short Title:  Clarify Post-Release Supervision.	(Public)

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Sponsors: Representative Bowie.

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Referred to:  Judiciary II.

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February 17, 1997

A BILL TO BE ENTITLED
AN ACT TO IMPLEMENT THE RECOMMENDATION OF THE NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION TO MAKE CLARIFYING CHANGES TO POST-RELEASE SUPERVISION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 15A-1368.6(e) reads as rewritten:
"(e)	Revocation Hearing. – Before finally revoking post-release supervision, the Commission shall, unless the supervisee waived the hearing or the time limit, provide a hearing within 45 days of the supervisee's reconfinement to determine whether to revoke supervision finally.  For purposes of this subsection, the 45-day period begins when the preliminary hearing required by subsection (b) of this section is held or waived, or upon the passage of seven working days after arrest, whichever is sooner.  The Commission shall adopt rules governing the hearing and shall file and publish them as provided in Article 5 of Chapter 150B of the General Statutes."
Section 2.  G.S. 15A-1368(a)(5) reads as rewritten:
"(5)	Maximum imposed term. – The maximum term of imprisonment imposed on an individual prisoner by a court judgment, as described in G.S. 15A-1340.13(c).  When a prisoner is serving consecutive prison terms, the maximum imposed term, for purposes of this Article, is the sum of all maximum terms imposed in the court judgment or judgments, less nine months for each of the second and subsequent sentences imposed for Class B through Class E felonies."
Section 3.  G.S. 15-196.1 reads as rewritten:
"§ 15-196.1.  Credits allowed.
The minimum and maximum term of a sentence shall be credited with and diminished by the total amount of time a defendant has spent, committed to or in confinement in any State or local correctional, mental or other institution as a result of the charge that culminated in the sentence.  The credit provided shall be calculated from the date custody under the charge commenced and shall include credit for all time spent in custody pending trial, trial de novo, appeal, retrial, or pending parole, probation, or post-release supervision revocation hearing: Provided, however, the credit available herein shall not include any time that is credited on the term of a previously imposed  sentence to which a defendant is subject."
Section 4.  G.S. 15-196.3 reads as rewritten:
"§ 15-196.3.  Effect of credit.
Time creditable under this section shall reduce the minimum and maximum term of a sentence; and, irrespective of sentence, shall reduce the time required to attain privileges made available to inmates in the custody of the State Department of Correction which are dependent, in whole or in part, upon the passage of a specific length of time in custody, including parole or post-release supervision consideration by the Post-Release Supervision and Parole Commission.  However, nothing in this section shall be construed as requiring an automatic award of privileges by virtue of the passage of time."
Section 5.  G.S. 15-196.4 reads as rewritten:
"§ 15-196.4.  Procedures for judicial award.
Upon sentencing or activating a sentence, the judge presiding shall determine the credits to which the defendant is entitled and shall cause the clerk to transmit to the custodian of the defendant a statement of allowable credits.  Upon committing a defendant upon the conclusion of an appeal, or a parole, probation, or post-release supervision revocation, the committing authority shall determine any credits allowable on account of these proceedings and shall cause to be transmitted, as in all other cases, a statement of the allowable credit to the custodian of the defendant.  Upon reviewing a petition seeking credit not previously allowed, the court shall determine the credits due and forward an order setting forth the allowable credit to the custodian of the petitioner."
Section 6.  G.S. 15A-1368.4 reads as rewritten:
"§ 15A-1368.4.  Conditions of post-release supervision.
(a)	In General. – Conditions of post-release supervision may be reintegrative in nature or designed to control the supervisee's behavior and to enforce compliance with law or judicial order.  A supervisee may have his supervision period revoked for any violation of a controlling condition or for repeated violation of a reintegrative condition.  Compliance with reintegrative conditions may entitle a supervisee to earned time credits as described in G.S. 15A-1368.2(d).
(b)	Required Condition. – The Commission shall provide as an express condition of every release that the supervisee not commit another crime during the period for which the supervisee remains subject to revocation.  A supervisee's failure to comply with this controlling condition is a supervision violation for which the supervisee may face revocation as provided in G.S. 15A-1368.3.
(b1)	Additional Required Conditions for Sex Offenders and Persons Convicted of Offenses Involving Physical, Mental, or Sexual Abuse of a Minor. – In addition to the required condition set forth in subsection (b) of this section, for a supervisee who has been convicted of an offense which is a reportable conviction as defined in G.S. 14-208.6(4), or which involves the physical, mental, or sexual abuse of a minor, controlling conditions, violations of which may result in revocation of post-release supervision, are:
(1)	Register as required by G.S. 14-208.7 if the offense is a reportable conviction as defined by G.S. 14-208.6(4).
(2)	Participate in such evaluation and treatment as is necessary to complete a prescribed course of psychiatric, psychological, or other rehabilitative treatment as ordered by the Commission.
(3)	Not communicate with, be in the presence of, or found in or on the premises of the victim of the offense.
(4)	Not reside in a household with any minor child if the offense is one in which there is evidence of sexual abuse of a minor.
(5)	Not reside in a household with any minor child if the offense is one in which there is evidence of physical or mental abuse of a minor, unless a court of competent jurisdiction expressly finds that it is unlikely that the defendant's harmful or abusive conduct will recur and that it would be in the child's best interest to allow the supervisee to reside in the same household with a minor child.
(c)	Discretionary Conditions. – The Commission, in consultation with the Division of Adult Probation and Parole,  may impose conditions on a supervisee it believes reasonably necessary to ensure that the supervisee will lead a law-abiding life or to assist the supervisee to do so.
(d)	Reintegrative Conditions. – Appropriate reintegrative conditions, for which a supervisee may receive earned time credits against the length of the supervision period, and repeated violation that may result in revocation of post-release supervision, are:
(1)	Work faithfully at suitable employment or faithfully pursue a course of study or vocational training that will equip the supervisee for suitable employment.
(2)	Undergo available medical or psychiatric treatment and remain in a specified institution if required for that purpose.
(3)	Attend or reside in a facility providing rehabilitation, instruction, recreation, or residence for persons on post-release supervision.
(4)	Support the supervisee's dependents and meet other family responsibilities.
(5)	In the case of a supervisee who attended a basic skills program during incarceration, continue attending a basic skills program in pursuit of a General Education Development Degree or adult high school diploma.
(6)	Satisfy other conditions reasonably related to reintegration into society.
(e)	Controlling Conditions. – Appropriate controlling conditions, violation of which may result in revocation of post-release supervision, are:
(1)	Not use, possess, or control any illegal drug or controlled substance unless it has been prescribed for the supervisee by a licensed physician and is in the original container with the prescription number affixed on it; not knowingly associate with any known or previously convicted users, possessors, or sellers of any such illegal drugs or controlled substances; and not knowingly be present at or frequent any place where such illegal drugs or controlled substances are sold, kept, or used.
(2)	Comply with a court order to pay the costs of reintegrative treatment for a minor and a minor's parents or custodians where the offense involved evidence of physical, mental, or sexual abuse of a minor.
(3)	Comply with a court order to pay court costs and costs for appointed counsel or public defender in the case for which the supervisee was convicted.
(4)	Not possess a firearm, destructive device, or other dangerous weapon unless granted written permission by the Commission or a post-release supervision officer.
(5)	Report to a post-release supervision officer at reasonable times and in a reasonable manner, as directed by the Commission or a post-release supervision officer.
(6)	Permit a post-release supervision officer to visit at reasonable times at the supervisee's home or elsewhere.
(7)	Remain within the geographic limits fixed by the Commission unless granted written permission to leave by the Commission or the post-release supervision officer.
(8)	Answer all reasonable inquiries by the post-release supervision officer and obtain prior approval from the post-release supervision officer for any change in address or employment.
(9)	Promptly notify the post-release supervision officer of any change in address or employment.
(10)	Submit at reasonable times to searches of the supervisee's person by a post-release supervision officer for purposes reasonably related to the post-release supervision.  The Commission shall not require as a condition of post-release supervision that the supervisee submit to any other searches that would otherwise be unlawful.  Whenever the search consists of testing for the presence of illegal drugs, the supervisee may also be required to reimburse the Department of Correction for the actual cost of drug testing and drug screening, if the results are positive.
(11)	Make restitution or reparation to an aggrieved party as provided in G.S. 148-57.1.
(12)	Comply with an order from a court of competent jurisdiction regarding the payment of an obligation of the supervisee in connection with any judgment rendered by the court.
(13)	Remain in one or more specified places for a specified period or periods each day, and wear a device that permits the defendant's compliance with the condition to be monitored electronically.
(14)	Submit to supervision by officers assigned to the Intensive Post-Release Supervision Program established pursuant to G.S. 143B-262(c), and abide by the rules adopted for that Program.
(f)	Required Supervision Fee. – The Commission shall require as a condition of post-release supervision that the supervisee pay a supervision fee of twenty dollars ($20.00) per month.  The Commission may exempt a supervisee from this condition only if it finds that requiring payment of the fee is an undue economic burden.  The fee shall be paid to the clerk of superior court of the county in which the supervisee was convicted.  The clerk shall transmit any money collected pursuant to this subsection to the State to be deposited in the State's General Fund.  In no event shall a supervisee be required to pay more than one supervision fee per month."
Section 7.  G.S. 15A-1368.2(e) is repealed.
Section 8.  This act becomes effective December 1, 1997, and applies to offenses committed on or after that date.