GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1990

H	1 

HOUSE BILL 1*

Short Title:  Raise Prison Cap.	(Public)
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Sponsors: Representatives Sizemore and Barnes.
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Referred to:  Rules, Appointments and the Calendar.
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March 6, 1990

A BILL TO BE ENTITLED
AN ACT TO AMEND THE PRISON POPULATION STABILIZATION ACT TO RAISE THE POPULATION CAP AND TO ADJOURN THE 1990 EXTRA SESSION OF THE GENERAL ASSEMBLY SINE DIE.
The General Assembly of North Carolina enacts:
Section 1.  Effective March 28, 1990, G.S. 148-4.1 reads as rewritten:
"§ 148-4.1. Release of inmates.
(a)	Whenever the Secretary of Correction determines from data compiled by the Department of Correction that it is necessary to reduce the prison population to a more manageable level, he shall direct the Parole Commission to release on parole over a reasonable period of time a number of prisoners sufficient to that purpose.
(b)	Except as provided in subsection (c) and (e), only inmates who are otherwise eligible for parole pursuant to Article 85 of Chapter 15A or pursuant to Article 3B of this Chapter may be released under this section.
(c)	Persons eligible for parole under Article 85A of Chapter 15A shall be eligible for early parole under this section nine months prior to the discharge date otherwise applicable, and six months prior to the date of automatic 90-day parole authorized by G.S. 15A-1380.2.
(d)	If the number of prisoners housed in facilities owned or operated by the State of North Carolina for the Division of Prisons exceeds ninety-eight percent (98%) of 18,525 for 15 consecutive days, the Secretary of Correction shall notify the Governor and the Chairman of the Parole Commission of this fact.  Upon receipt of this notification, the Parole Commission shall within 90 days release on parole a number of inmates sufficient to reduce the prison population to ninety-seven percent (97%) of 18,525.
From the date of the notification until the prison population has been reduced to ninety-seven percent (97%) of 18,525, the Secretary may not accept any inmates ordered transferred from local confinement facilities to the State prison system under G.S. 148-32.1(b).  Further, the Secretary may return any inmate housed in the State prison system under an order entered pursuant to G.S. 148-32.1(b) to the local confinement facility from which the inmate was transferred.
(e)	In addition to those persons otherwise eligible for parole, from the date of notification in subsection (d) until the prison population  has been reduced to ninety-seven percent (97%) of 18,525, any person imprisoned only for a misdemeanor also shall be eligible for parole and immediate termination upon admission, notwithstanding any other provision of law, except those persons convicted under G.S. 20-138.1 of driving while impaired or any offense involving impaired driving.
(f)	In complying with the mandate of subsection (d), the Parole Commission may exercise the discretion granted to refuse parole by G.S. 15A-1371 in selecting felons to be paroled under this section so long as the prison population does not exceed 18,525.
(g)	In order to meet the requirements of this section, the Parole Commission shall not parole any person convicted under Article 7A of Chapter 14 of a sex offense, under G.S. 14-39, 14-41, or 14-43.3, under G.S. 90-95(h) of a drug trafficking offense, or under G.S. 14-17 where the victim was a law enforcement officer acting in the line of duty. The Parole Commission may continue to consider the suitability for release of such persons in accordance with the criteria set forth in Articles 85 and 85A of Chapter 15A."
Sec. 2.1. Effective May 15, 1990, G.S. 148-4.1(d) as amended by Section 1 of this act reads as rewritten:
"(d)	If the number of prisoners housed in facilities owned or operated by the State of North Carolina for the Division of Prisons exceeds ninety-eight percent (98%) of 18,650 for 15 consecutive days, the Secretary of Correction shall notify the Governor and the Chairman of the Parole Commission of this fact.  Upon receipt of this notification, the Parole Commission shall within 90 days release on parole a number of inmates sufficient to reduce the prison population to ninety-seven percent (97%) of 18,650.
From the date of the notification until the prison population has been reduced to ninety-seven percent (97%) of 18,650, the Secretary may not accept any inmates ordered transferred from local confinement facilities to the State prison system under G.S. 148-32.1(b).  Further, the Secretary may return any inmate housed in the State prison system under an order entered pursuant to G.S. 148-32.1(b) to the local confinement facility from which the inmate was transferred."
Sec. 2.2. Effective May 15, 1990, G.S. 148-4.1(e) as amended by Section 1 of this act reads as rewritten:
"(e)	In addition to those persons otherwise eligible for parole, from the date of notification in subsection (d) until the prison population has been reduced to ninety-seven percent (97%) of 18,650, any person imprisoned only for a misdemeanor also shall be eligible for parole and immediate termination upon admission,  notwithstanding any other provision of law, except those persons convicted under G.S. 20-138.1 of driving while impaired or any offense involving impaired driving."
Sec. 2.3. Effective May 15, 1990, G.S. 148-4.1(f) as amended by Section 1 of this act reads as rewritten:
"(f)	In complying with the mandate of subsection (d), the Parole Commission may exercise the discretion granted to refuse parole by G.S. 15A-1371 in selecting felons to be paroled under this section so long as the prison population does not exceed 18,650."
Sec. 3.1. Effective June 15, 1990, G.S. 148-4.1(d) as amended by Sections 1 and 2.1 of this act reads as rewritten:
"(d)	If the number of prisoners housed in facilities owned or operated by the State of North Carolina for the Division of Prisons exceeds ninety-eight percent (98%) of 18,715 for 15 consecutive days, the Secretary of Correction shall notify the Governor and the Chairman of the Parole Commission of this fact.  Upon receipt of this notification, the Parole Commission shall within 90 days release on parole a number of inmates sufficient to reduce the prison population to ninety-seven percent (97%) of 18,715.
From the date of the notification until the prison population has been reduced to ninety-seven percent (97%) of 18,715, the Secretary may not accept any inmates ordered transferred from local confinement facilities to the State prison system under G.S. 148-32.1(b).  Further, the Secretary may return any inmate housed in the State prison system under an order entered pursuant to G.S. 148-32.1(b) to the local confinement facility from which the inmate was transferred."
Sec. 3.2. Effective June 15, 1990, G.S. 148-4.1(e) as amended by Sections 1 and 2.2 of this act reads as rewritten:
"(e)	In addition to those persons otherwise eligible for parole, from the date of notification in subsection (d) until the prison population has been reduced to ninety-seven percent (97%) of 18,715,  any person imprisoned only for a misdemeanor also shall be eligible for parole and immediate termination upon admission, notwithstanding any other provision of law, except those persons convicted under G.S. 20-138.1 of driving while impaired or any offense involving impaired driving."
Sec. 3.3. Effective June 15, 1990, G.S. 148-4.1(f) as amended by Sections 1 and 2.3 of this act reads as rewritten:
"(f)	In complying with the mandate of subsection (d), the Parole Commission may exercise the discretion granted to refuse parole by G.S. 15A-1371 in selecting felons to be paroled under this section so long as the prison population does not exceed 18,715."
Sec. 4. Funds to implement the provisions of this act shall come from funds already appropriated to the Department of Correction for the 1989-90 fiscal year.
Sec. 5.  The House of Representatives and the Senate, constituting the 1990 Extra Session of the General Assembly, do adjourn the 1990 Extra Session sine die upon ratification of this act.
Sec. 6.  This act is effective upon ratification.