GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION

CHAPTER 437
HOUSE BILL 1304

AN ACT TO MODIFY THE PRISON POPULATION CAP.

The General Assembly of North Carolina enacts:

Section 1.  Effective June 30, 1991, G.S. 148-4.1(d), as amended by Section 11 of Chapter 933 of the 1989 Session Laws, 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 19,646 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 19,646.
From the date of the notification until the prison population has been reduced to ninety-seven percent (97%) of 19,646, 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.  Effective July 1, 1991, G.S. 148-4.1(e), as amended by Section 12 of Chapter 933 of the 1989 Session Laws, 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 19,646, 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.  Effective July 1, 1991, G.S. 148-4.1(f), as amended by Section 13 of Chapter 933 of the 1989 Session Laws, 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 19,646."
Sec. 4.  Effective February 1, 1992, G.S. 148-4.1(d), as rewritten 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 20,394 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 20,394.
From the date of the notification until the prison population has been reduced to ninety-seven percent (97%) of 20,394, 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. 5.  Effective February 1, 1992, G.S. 148-4.1(e), as rewritten by Section 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 20,394, 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. 6.  Effective February 1, 1992, G.S. 148-4.1(f), as rewritten by Section 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 20,394."
Sec. 7.  Effective May 1, 1992, G.S. 148-4.1(d), as rewritten by Section 4 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 20,594 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 20,594.
From the date of the notification until the prison population has been reduced to ninety-seven percent (97%) of 20,594, 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. 8.  Effective May 1, 1992, G.S. 148-4.1(e), as rewritten by Section 5 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 20,594, 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. 9.  Effective May 1, 1992, G.S. 148-4.1(f), as rewritten by Section 6 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 20,594."
Sec. 10.  The Secretary of Correction may advance or delay the effective dates of Sections 1 through 9 of this act by not more than 45 days from the dates provided in this act, based on the availability or lack of prison space.
Sec. 11.  The Secretary of Correction shall report on the progress of prison construction and on prison capacity in the 1991-93 biennium to the Chairmen of the Senate and House Appropriations Committees and the Chairmen of the Senate and House Appropriations Committees on Justice and Public Safety during the 1992 Regular Session of the 1991 General Assembly.
Sec. 12.  This act is effective upon ratification.
In the General Assembly read three times and ratified this the 27th day of June, 1991.

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James C. Gardner
President of the Senate

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Daniel Blue, Jr.
Speaker of the House of Representatives