GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 17*

Short Title:  Community Service Parole Act.	(Public)
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Sponsors: Senators Parnell; Martin of Guilford and Marvin.
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Referred to:  Judiciary I.
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January 17, 1989

A BILL TO BE ENTITLED
AN ACT TO EXPAND COMMUNITY SERVICE PAROLE ELIGIBILITY.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 15A-1371(h) reads as rewritten:
	"(h) Community Service Parole. 
Notwithstanding the provisions of any other subsection herein, certain prisoners specified herein shall be eligible for community service parole, in the discretion of the Parole Commission.
Community service parole is early parole for the purpose of participation in a program of community service under the supervision of a probation/parole officer. A parolee who is paroled under this subsection must perform as a condition of parole 32 hours of community service for every month of his remaining active sentence, until at least his minimum sentence (if he was sentenced prior to July 1, 1981), or one-half of his sentence imposed under G.S. 15A-1340.4 has been completed by such community service, at which time parole may be terminated.
The probation/parole officer and the community service coordinator  shall develop a program of community service for the parolee. The parolee must as a condition of parole complete at least 32 hours of community service per 30-day period. The community service coordinator shall report any willful failure to perform community service work to the probation/parole officer. Parole may be revoked for any parolee who willfully fails to perform community service work as directed by a community service coordinator. The provisions of G.S. 15A-1376 shall apply to this violation of a condition of parole.
Community service parole eligibility shall be available to a prisoner:
(1)	Who is serving an active sentence the term of which exceeds one year; and
(2)	Who, in the opinion of the Parole Commission, is unlikely to engage in further criminal conduct; and
(3)	Who agrees to complete service of his sentence as herein specified; and
(4)	Who has served one-half of his minimum sentence (if he was sentenced prior to July 1, 1981), or one-fourth of a sentence imposed under G.S. 15A-1340.4.
			In computing the service requirements of subdivision (4)	of this  subsection, credit shall be given for good time and gain time credit earned pursuant to G.S. 148-13. Nothing herein is intended to create or shall be construed to create a right or entitlement to community service parole in any prisoner."
Sec. 2. G.S. 15A-1380.2(h) reads as rewritten:
	"(h) Community Service Parole. 
Notwithstanding the provisions of any other subsection herein, certain prisoners specified herein shall be eligible for community service parole, in the discretion of the Parole Commission.
Community service parole is early parole for the purpose of participation in a program of community service under the supervision of a probation/parole officer. A parolee who is paroled under this subsection must perform as a condition of parole 32 hours of community service for every month of his remaining active sentence, until at least his minimum sentence (if he was sentenced prior to July 1, 1981), or one-half of his sentence imposed under G.S. 15A-1340.4 has been completed by such community service, at which time parole may be terminated.
The probation/parole officer and the community service coordinator shall develop a program of community service for the parolee. The parolee must as a condition of parole complete at least 32 hours of community service per 30-day period. The community service coordinator shall report any willful failure to perform community service work to the probation/parole officer. Parole may be revoked for any parolee who willfully fails to perform community service work as directed by a community service coordinator. The provisions of G.S. 15A-1376 shall apply to this violation of a condition of parole.
Community service parole eligibility shall be available to a prisoner:
(1)	Who is serving an active sentence the term of which exceeds one year; and
(2)	Who, in the opinion of the Parole Commission, is unlikely to  engage in further criminal conduct; and
(3)	Who agrees to complete service of his sentence as herein specified; and
(4)	Who has served one-half of his minimum sentence (if he was sentenced prior to July 1, 1981), or one-fourth of a sentence imposed under G.S. 15A-1340.4.
			In computing the service requirements of subdivision (4)	of this  subsection, credit shall be given for good time and gain time credit earned pursuant to G.S. 148-13. Nothing herein is intended to create or shall be construed to create a right or entitlement to community service parole in any prisoner."
Sec. 3. This act is effective upon ratification.