A BILL TO BE ENTITLED
AN ACT to establish a post‑sentencing review for certain youthful offenders.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 15A of the General Statutes is amended by adding a new Article to read:
"Article 93.
"Post‑Sentencing Review for Youthful Offenders.
"§ 15A‑1480.  Post‑sentencing review for youthful offender.
(a)	Definition. – For purposes of this section the term youthful offender means a person who:
(1)	Was convicted of a Class B1, B2, C, or D felony;
(2)	Was 13, 14, or 15 years of age at the time the person committed the offense;
(3)	Was tried as an adult; and
(4)	Was sentenced to an active punishment that carries a minimum term of 84 months or more.
(b)	Petition for Review; Resident Superior Court Judge Empowered to Act. – A youthful offender who is incarcerated and who has served at least 84 months of an active sentence imposed on the youthful offender for the conviction of a Class B1, B2, C, or D felony may petition the resident superior court judge in the district where the youthful offender was sentenced for a post‑sentencing review. The purpose of the post‑sentencing review is to determine whether the offender's sentence should be reduced or suspended based on the offender's conduct and record of rehabilitation in prison. The petition for the post‑sentencing review may be heard and determined by the resident superior court judge. The petition shall be served on the district attorney of the district in where the youthful offender was sentenced in the manner provided in G.S. 15A‑951(b) and shall be filed in the manner provided in G.S. 15A‑951(c).
(c)	Post‑Sentencing Hearing and Review. – The superior court judge shall schedule a hearing no later than 30 days from the date the petition is filed for the post‑sentencing review. At the hearing the judge shall consider all of the following factors:
(1)	Whether the youthful offender has obtained a high school diploma.
(2)	Whether the youthful offender has completed one or more substance abuse programs.
(3)	Whether the youthful offender has pursued other educational or work opportunities within prison.
(4)	Whether the youthful offender maintained good conduct within prison.
(5)	Whether there are any recommendations from the victim against whom the crime was committed or the victim's family regarding the suspension or other modification of the youthful offender's sentence.
(d)	Entry of judgment. – If the court determines that the youthful offender's sentence should be reduced or suspended, then the court shall enter an order indicating the modification of the sentence and the findings on which the court based its determination.
(e)	Post‑Release Supervision. – A youthful offender whose sentence is reduced or suspended pursuant to this section shall be placed on post‑release supervision as provided by Article 84A of Chapter 15A of the General Statutes; however, notwithstanding G.S. 15A‑1368.2(a), the calculation to determine the appropriate release from prison for post‑release supervision shall be based on the date of release from prison as determined by the court and entered into the judgment pursuant to subsection (d) of this section rather than the youthful offender's maximum imposed prison term.
(f)	Class A Felony Youthful Offender Ineligible for Review. – This section shall not apply to any youthful offender convicted of a Class A felony."
SECTION 2.  This act becomes effective October 1, 2009.