GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 196

Short Title:  Post-Release Supervision/F and G Felons.   	(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 RECOMMENDATIONS OF THE NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION TO ADD POST-RELEASE SUPERVISION FOR CLASS F AND CLASS G FELONS AND TO MAKE OTHER SUBSTANTIVE CHANGES AFFECTING POST-RELEASE SUPERVISION.
The General Assembly of North Carolina enacts:
Section 1.  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, less nine months for each of the second and subsequent sentences imposed for Class B1 through Class G felonies."
Section 2.  G.S. 15A-1340.17(d) reads as rewritten:
"(d)	Maximum Sentences Specified for Class H through Class I Felonies. – Unless provided otherwise in a statute establishing a punishment for a specific crime, for each minimum term of imprisonment in the chart in subsection (c) of this section, expressed in months, the corresponding maximum term of imprisonment, also expressed in months, is as specified in the table below for Class H through Class I felonies.  The first figure in each cell in the table is the minimum term and the second is the maximum term.
3-4 	4-5	5-6	6-8	7-9	8-10	9-11	10-12
11-14	12-15	13-16	14-17	15-18	16-20	17-21	18-22
19-23	20-24	21-26	22-27	23-28	24-29	25-30	
																				".
Section 3.  G.S. 15A-1340.17(e) reads as rewritten:
"(e)	Maximum Sentences Specified for Class B1 through Class G Felonies for Minimum Terms up to 339 Months. – Unless provided otherwise in a statute establishing a punishment for a specific crime, for each minimum term of imprisonment in the chart in subsection (c) of this section, expressed in months, the corresponding maximum term of imprisonment, also expressed in months, is as specified in the table below for Class B1 through Class G felonies.  The first figure in each cell of the table is the minimum term and the second is the maximum term.

8-19	9-20	10-21	11-23	12-24	13-25	14-26
15-27	16-29	17-30	18-31	19-32	20-33	21-35	22-36
23-37	24-38	25-39	26-41	27-42	28-43	29-44	30-45
31-47	32-48	33-49	34-50	35-51	36-53	37-54	38-55
39-56	40-57	41-59	42-60	43-61	44-62	45-63	46-65
47-66	48-67	49-68	50-69	51-71	52-72	53-73	54-74
55-75	56-77	57-78	58-79	59-80	60-81	61-83	62-84
63-85	64-86	65-87	66-89	67-90	68-91	69-92	70-93
71-95	72-96	73-97	74-98	75-99	76-101	77-102	78-103
79-104	80-105	81-107	82-108	83-109	84-110	85-111	86-113
87-114	88-115	89-116	90-117	91-119	92-120	93-121	94-122
95-123	96-125	97-126	98-127	99-128	100-129	101-131	102-132
103-133	104-134	105-135	106-137	107-138	108-139	109-140	110-141
111-143	112-144	113-145	114-146	115-147	116-149	117-150	118-151
119-152	120-153	121-155	122-156	123-157	124-158	125-159	126-161
127-162	128-163	129-164	130-165	131-167	132-168	133-169	134-170
135-171	136-173	137-174	138-175	139-176	140-177	141-179	142-180
143-181	144-182	145-183	146-185	147-186	148-187	149-188	150-189
151-191	152-192	153-193	154-194	155-195	156-197	157-198	158-199
159-200	160-201	161-203	162-204	163-205	164-206	165-207	166-209
167-210	168-211	169-212	170-213	171-215	172-216	173-217	174-218
175-219	176-221	177-222	178-223	179-224	180-225	181-227	182-228
183-229	184-230	185-231	186-233	187-234	188-235	189-236	190-237
191-239	192-240	193-241	194-242	195-243	196-245	197-246	198-247
199-248	200-249	201-251	202-252	203-253	204-254	205-255	206-257
207-258	208-259	209-260	210-261	211-263	212-264	213-265	214-266
215-267	216-269	217-270	218-271	219-272	220-273	221-275	222-276
223-277	224-278	225-279	226-281	227-282	228-283	229-284	230-285
231-287	232-288	233-289	234-290	235-291	236-293	237-294	238-295
239-296	240-297	241-299	242-300	243-301	244-302	245-303	246-305
247-306	248-307	249-308	250-309	251-311	252-312	253-313	254-314
255-315	256-317	257-318	258-319	259-320	260-321	261-323	262-324
263-325	264-326	265-327	266-329	267-330	268-331	269-332	270-333
271-335	272-336	273-337	274-338	275-339	276-341	277-342	278-343
279-344	280-345	281-347	282-348	283-349	284-350	285-351	286-353
287-354	288-355	289-356	290-357	291-359	292-360	293-361	294-362
295-363	296-365	297-366	298-367	299-368	300-369	301-371	302-372
303-373	304-374	305-375	306-377	307-378	308-379	309-380	310-381
311-383	312-384	313-385	314-386	315-387	316-389	317-390	318-391
319-392	320-393	321-395	322-396	323-397	324-398	325-399	326-401
327-402	328-403	329-404	330-405	331-407	332-408	333-409	334-410
335-411	336-413	337-414	338-415	339-416".
Section 4.  G.S. 15A-1354(b) reads as rewritten:
"(b)	Effect of Consecutive Terms. – In determining the effect of consecutive sentences imposed under authority of this Article and the manner in which they will be served, the Department of Correction must treat the defendant as though he has been committed for a single term with the following incidents:
(1) 	The maximum prison sentence consists of the total of the maximum terms of the consecutive sentences, less nine months for each of the second and subsequent sentences imposed for Class B1 through Class G felonies; and
(2) 	The minimum term consists of the total of the minimum terms of the consecutive sentences."
Section 5.  G.S. 15A-1368.1 reads as rewritten:
"§ 15A-1368.1.  Applicability of Article 84A.
This Article applies to all felons in Class B1 through Class G sentenced to an active punishment under Article 81B of this Chapter, but does not apply to felons in Class B1 sentenced to life imprisonment without parole.  Prisoners subject to Articles 85 and 85A of this Chapter are excluded from this Article's coverage."
Section 6.  G.S. 15A-1368.2 reads as rewritten:
"§ 15A-1368.2.  Post-release supervision eligibility and procedure.
(a)	A prisoner to whom this Article applies shall be released from prison for post-release supervision on the date equivalent to his maximum imposed prison term less nine months, less any earned time awarded by the Department of Correction or the custodian of a local confinement facility under G.S. 15A-1340.13(d). If a prisoner has not been awarded any earned time, the prisoner shall be released for post-release supervision on the date equivalent to his maximum prison term less nine months.
(b)	A prisoner shall not refuse post-release supervision.
(c)	A supervisee's period of post-release supervision shall be for a period of nine months, unless the offense is an offense for which registration is required pursuant to Article 27A of Chapter 14 of the General Statutes. For offenses subject to the registration requirement of Article 27A of Chapter 14 of the General Statutes, the period of post-release supervision is five years. The conditions of post-release supervision are as authorized in G.S. 15A-1368.5.
	(e)	The Commission shall choose the level of supervision for supervisees. It may place a supervisee on any available level of supervision, including electronic monitoring, intensive supervision, or regular supervision.
(e1)	Delegation to Adult Probation and Parole.  The Commission may delegate to the Division of Adult Probation and Parole the authority to require a supervisee on post-release supervision to:
(1)	Submit to electronic monitoring;
(2)	Submit to substance abuse monitoring or treatment; or
(3)	Participate in an educational or vocational skills development program.
The Division may exercise any authority delegated to it pursuant to this subsection only if it first determines that the supervisee has failed to comply with one or more of the conditions of post-release supervision imposed by the Commission.  If the Division imposes any of the above conditions, then it may subsequently modify the condition to make it less restrictive or it may eliminate the condition.
If the Division exercises authority delegated to it pursuant to this subsection, the offender may file a motion with the Commission to review the action taken by the Division.  The offender shall be given notice of the right to seek the review.
(f)	When a supervisee completes the period of post-release supervision, the sentence or sentences from which the supervisee was placed on post-release supervision are terminated."
Section 7.  G.S. 15A-1368.4(a) reads as rewritten:
"(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. "
Section 8.  G.S. 15A-1368.3 reads as rewritten:
"§ 15A-1368.3.  Incidents of post-release supervision.
(a)	Conditionality. – Post-release supervision is conditional and subject to revocation.
(b)	Modification. – The Commission may for good cause shown modify the conditions of post-release supervision at any time before the termination of the supervision period.
(c)	Effect of Violation. – If the supervisee violates a condition, described in G.S. 15A-1368.4, at any time before the termination of the supervision period, the Commission may continue the supervisee on the existing supervision, with or without modifying the conditions, or if continuation or modification is not appropriate, may revoke post-release supervision as provided in G.S. 15A-1368.6 and reimprison the supervisee for a term consistent with the following requirements:
(1)	The supervisee will be returned to prison for the time remaining on his maximum imposed term.  In calculating the time remaining, earned time that is awarded at the time the supervisee is released on post-release supervision cannot be rescinded.
(2)	The supervisee shall not receive any credit for days on post-release supervision against the maximum term of imprisonment imposed by the court under G.S. 15A-1340.13.
(3)	Pursuant to Article 19A of Chapter 15, the Department of Correction shall award a prisoner credit against any term of reimprisonment for all time spent in custody as a result of revocation proceedings under G.S. 15A-1368.6.
(4)	The prisoner is eligible to receive earned time credit at the rate of up to four days per month of incarceration against the maximum prison term as provided in G.S. 15A-1340.13(d) for time served in prison after the revocation.
(d)	No Re-Release After Revocation of Post-Release Supervision. – A prisoner who has been reimprisoned prior to completing a post-release supervision period may not again be released on post-release supervision by the Commission during the period of imprisonment for the offense for which the prisoner was placed on post-release supervision.
(e)	Timing of Revocation. – The Commission may revoke post-release supervision for violation of a condition during the period of supervision. The Commission may also revoke post-release supervision following a period of supervision if:
(1)	Before the expiration of the period of post-release supervision, the Commission has recorded its intent to conduct a revocation hearing; and
(2)	The Commission finds that every reasonable effort has been made to notify the supervisee and conduct the hearing earlier. Prima facie evidence of reasonable effort to notify is the issuance of a temporary or conditional revocation order, as provided in G.S. 15A-1376, that goes unserved."
Section 9.  This act becomes effective December 1, 1997, and applies to offenses committed on or after that date.