GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION

CHAPTER 538
HOUSE BILL 277

AN ACT TO PROVIDE FOR STRUCTURED SENTENCING IN NORTH CAROLINA CONSISTENT WITH THE STANDARD OPERATING CAPACITY OF THE DEPARTMENT OF CORRECTION AND LOCAL CONFINEMENT FACILITIES AND TO REDEFINE STATE AND COUNTY RESPONSIBILITIES FOR THE CONFINEMENT OF MISDEMEANANTS.

The General Assembly of North Carolina enacts:

Section 1.  Chapter 15A of the General Statutes is amended by adding a new Article 81B to read:
"ARTICLE 81B.
"Structured Sentencing of Persons Convicted of Crimes.
"Part 1.  General Provisions.
"§ 15A-1340.10.  Applicability of structured sentencing. 
This Article applies to criminal offenses in North Carolina, other than impaired driving under G.S. 20-138.1, that occur on or after January 1, 1995.
"§ 15A-1340.11.  Definitions. 
The following definitions apply in this Article:
(1)	Active punishment. – A sentence in a criminal case that requires an offender to serve a sentence of imprisonment and is not suspended.  Special probation, as defined in G.S. 15A-1351, is not an active punishment.
(2)	Community punishment. – A sentence in a criminal case that does not include an active punishment or an intermediate punishment.
(3)	Day-reporting center. – A facility to which offenders are required, as a condition of probation, to report on a daily or other regular basis at specified times for a specified length of time to participate in activities such as counseling, treatment, social skills training, or employment training.
(4)	Electronic monitoring. – A condition of probation in which the offender is required to remain in one or more specified places for a specified period or periods each day, and in which the offender shall wear a device which permits the supervising agency to monitor the offender's compliance with the condition electronically.
(5)	Intensive probation. – Probation that requires the offender to submit to supervision by officers assigned to the Intensive Probation Program established pursuant to G.S. 143B-262(c), and to comply with the rules adopted for that Program.
(6)	Intermediate punishment. – A sentence in a criminal case that places an offender on supervised probation and includes at least one of the following conditions:
a.	Special probation as defined in G.S. 15A-1351(a).
b.	Assignment to a residential program.
c.	Electronic monitoring.
d.	Intensive probation.
e.	Assignment to a day-reporting center.
In addition, a sentence to regular supervised probation imposed pursuant to a community penalties plan as defined in G.S. 7A-771(2) is an intermediate punishment, regardless of whether any of the above conditions is imposed, if the plan is accepted by the court and the plan does not include active punishment.
(7)	Prior conviction. – A person has a prior conviction when, on the date a criminal judgment is entered, the person being sentenced has been previously convicted of a crime:
a.	In the district court, and the person has not given notice of appeal and the time for appeal has expired; or
b.	In the superior court, regardless of whether the conviction is on appeal to the appellate division; or
c.	In the courts of the United States, another state, the armed services of the United States, or another county, regardless of whether the offense would be a crime if it occurred in North Carolina,
regardless of whether the crime was committed before or after the effective date of this Article.
(8)	Residential program. – A program in which the offender, as a condition of probation, is required to reside in a facility for a specified period and to participate in activities such as counseling, treatment, social skills training, or employment training, conducted at the residential facility or at other specified locations.
"§ 15A-1340.12.  Purposes of sentencing. 
The primary purposes of sentencing a person convicted of a crime are to impose a punishment commensurate with the injury the offense has caused, taking into account factors that may diminish or increase the offender's culpability; to protect the public by restraining offenders; to assist the offender toward rehabilitation and restoration to the community as a lawful citizen; and to provide a general deterrent to criminal behavior.
"Part 2.  Felony Sentencing.
"§ 15A-1340.13.  Procedure and incidents of sentence of imprisonment for felonies. 
(a)	Application to Felonies Only. – This Part applies to sentences imposed for felony convictions.
(b)	Procedure Generally; Requirements of Judgment; Kinds of Sentences. – Before imposing a sentence, the court shall determine the prior record level for the offender pursuant to G.S. 15A-1340.14.  The sentence shall contain a sentence disposition specified for the class of offense and prior record level, and its minimum term of imprisonment shall be within the range specified for the class of offense and prior record level, unless applicable statutes require or authorize another minimum sentence of imprisonment.  The kinds of sentence dispositions are active punishment, intermediate punishment, and community punishment.
(c)	Minimum and Maximum Term. – The judgment of the court shall contain a minimum term of imprisonment that is consistent with the class of offense for which the sentence is being imposed and with the prior record level for the offender.  The maximum term of imprisonment applicable to each minimum term of imprisonment is, unless otherwise provided, as specified in G.S. 1340.17.  The maximum term shall be specified in the judgment of the court.
(d)	Service of Minimum Required; Earned Time Authorization. – An offender sentenced to an active punishment shall serve the minimum term imposed.  The maximum term may be reduced to, but not below, the minimum term by earned time credits awarded to an offender by the Department of Correction or the custodian of the local confinement facility, pursuant to rules adopted in accordance with law.
(e)	Deviation from Sentence Ranges for Aggravation and Mitigation; No Sentence Dispositional Deviation Allowed. – The court may deviate from the presumptive range of minimum sentences of imprisonment specified for a class of offense and prior record level if it finds, pursuant to G.S. 15A-1340.16, that aggravating or mitigating circumstances support such a deviation.  The amount of the deviation is in the court's discretion, subject to the limits specified in the class of offense and prior record level for mitigated and aggravated punishment.  Deviations for aggravated or mitigated punishment are allowed only in the ranges of minimum and maximum sentences of imprisonment, and not in the sentence dispositions specified for the class of offense and prior record level, unless a statute specifically authorizes a sentence dispositional deviation.
(f)	Suspension of Sentence. – Unless otherwise provided, the court shall not suspend the sentence of imprisonment if the class of offense and prior record level does not permit community or intermediate punishment as a sentence disposition.  The court shall suspend the sentence of imprisonment if the class of offense and prior record level requires community or intermediate punishment as a sentence disposition.  The court may suspend the sentence of imprisonment if the class of offense and prior record level authorizes, but does not require, active punishment as a sentence disposition.
(g)	Dispositional Deviation for Extraordinary Mitigation. – Except as provided in subsection (g1) of this section, the court may impose an intermediate punishment for a class of offense and prior record level that requires the imposition of an active punishment if it finds in writing all of the following:
(1)	That extraordinary mitigating factors of a kind significantly greater than in the normal case are present.
(2)	Those factors substantially outweigh any factors in aggravation.
(3)	It would be a manifest injustice to impose an active punishment in the case.
The court shall consider evidence of extraordinary mitigating factors, but the decision to find any such factors, or to impose an intermediate punishment is in the discretion of the court.  The extraordinary mitigating factors which the court finds shall be specified in its judgment.
(g1)	Exceptions When Extraordinary Mitigation Shall Not Be Used. – The court shall not impose an intermediate sanction pursuant to subsection (g) of this section if:
(1)	The offense is a Class A offense;
(2)	The offense is a drug trafficking offense under G.S. 90-95(h); or
(3)	The defendant has five or more points as determined by G.S. 15A-1340.14.
"§ 15A-1340.14.  Prior record level for felony sentencing. 
(a)	Generally. – The prior record level of a felony offender is determined by calculating the sum of the points assigned to each of the offender's prior convictions that the court finds to have been proved in accordance with this section.
(b)	Points. – Points are assigned as follows:
(1)	For each prior felony Class A conviction, 10 points.
(2)	For each prior felony Class B, C, or D conviction, 6 points.
(3)	For each prior felony Class E, F, or G conviction, 4 points.
(4)	For each prior felony Class H or I conviction, 2 points.
(5)	For each prior misdemeanor conviction, 1 point.
(6)	If all the elements of the present offense are included in the prior offense, 1 point.
(7)	If the offense was committed while the offender was on probation or parole, or while the offender was serving a sentence of imprisonment, or while the offender was on escape from a correctional institution while serving a sentence of imprisonment, 1 point.
(c)	Prior Record Levels for Felony Sentencing. – The prior record levels for felony sentencing are:
(1)	Level I – 0 points.
(2)	Level II – At least 1, but not more than 4 points.
(3)	Level III – At least 5, but not more than 8 points.
(4)	Level IV – At least 9, but not more than 14 points.
(5)	Level V – At least 15, but not more than 18 points.
(6)	Level VI – At least 19 points.
In determining the prior record level, the classification of a prior offense is the classification assigned to that offense at the time the offense for which the offender is being sentenced is committed.
(d)	Multiple Prior Convictions Obtained in One Court Week. – For purposes of determining the prior record level, if an offender is convicted of more than one offense in a single court during one calendar week, only the conviction for the offense with the highest point total is used.
(e)	Classification of Prior Convictions From Other Jurisdictions. – Except as otherwise provided in this subsection, a conviction occurring in a jurisdiction other than North Carolina is classified as a Class I felony if the jurisdiction in which the offense occurred classifies the offense as a felony, or is classified as a misdemeanor if the jurisdiction in which the offense occurred classifies the offense as a misdemeanor.  If the offender proves by the preponderance of the evidence that an offense classified as a felony in the other jurisdiction is substantially similar to an offense that is a misdemeanor in North Carolina, the conviction is treated as a misdemeanor for assigning prior record level points.  If the State proves by the preponderance of the evidence that an offense is substantially similar to an offense in North Carolina classified higher than a Class I felony, the conviction is treated as the higher class of felony for assigning prior record level points.
(f)	Proof of Prior Convictions. – A prior conviction shall be proved by any of the following methods:
(1)	Stipulation of the parties.
(2)	An original or copy of the court record of the prior conviction.
(3)	A copy of records maintained by the Division of Criminal Information, the Division of Motor Vehicles, or of the Administrative Office of the Courts.
(4)	Any other method found by the court to be reliable.
The State bears the burden of proving, by a preponderance of the evidence, that a prior conviction exists and that the offender before the court is the same person as the offender named in the prior conviction.  The original or a copy of the court records or a copy of the records maintained by the Division of Criminal Information, the Division of Motor Vehicles, or of the Administrative Office of the Courts, bearing the same name as that by which the offender is charged, is prima facie evidence that the offender named is the same person as the offender before the court, and that the facts set out in the record are true.  For purposes of this subsection, 'a copy' includes a paper writing containing a reproduction of a record maintained electronically on a computer or other data processing equipment, and a document produced by a facsimile machine.  The prosecutor shall make all feasible efforts to obtain and present to the court the offender's full record.  Evidence presented by either party at trial may be utilized to prove prior convictions.  Suppression of prior convictions is pursuant to G.S. 15A-980.  If a motion is made pursuant to that section during the sentencing stage of the criminal action, either the State or the offender is entitled to a continuance of the sentencing hearing.  If asked by the defendant in compliance with G.S. 15A-903, the prosecutor shall furnish the defendant's prior criminal record to the defendant within a reasonable time sufficient to allow the defendant to determine if the record available to the prosecutor is accurate.
"§ 15A-1340.15.  Multiple convictions. 
(a)	Consecutive Sentences. – This Article does not prohibit the imposition of consecutive sentences.  Unless otherwise specified by the court, all sentences of imprisonment run concurrently with any other sentences of imprisonment.
(b)	Consolidation of Sentences. – If an offender is convicted of more than one offense at the same time, the court may consolidate the offenses for judgment and impose a single judgment for the consolidated offenses.  The judgment shall contain a sentence disposition specified for the class of offense and prior record level of the most serious offense, and its minimum sentence of imprisonment shall be within the ranges specified for that class of offense and prior record level, unless applicable statutes require or authorize another minimum sentence of imprisonment.
"§ 15A-1340.16.  Aggravated and mitigated sentences. 
(a)	Generally, Burden of Proof. – The court shall consider evidence of aggravating or mitigating factors present in the offense that make an aggravated or mitigated sentence appropriate, but the decision to depart from the presumptive range is in the discretion of the court.  The State bears the burden of proving by a preponderance of the evidence that an aggravating factor exists, and the offender bears the burden of proving by a preponderance of the evidence that a mitigating factor exists.
(b)	When Aggravated or Mitigated Sentence Allowed. – If the court finds that aggravating or mitigating factors exist, it may depart from the presumptive range of sentences specified in G.S. 15A-1340.17(c)(2).  If the court finds that aggravating factors are present and are sufficient to outweigh any mitigating factors that are present, it may impose a sentence that is permitted by the aggravated range described in G.S. 15A-1340.17(c)(4).  If the court finds that mitigating factors are present and are sufficient to outweigh any aggravating factors that are present, it may impose a sentence that is permitted by the mitigated range described in G.S. 15A-1340.17(c)(3).
(c)	Written Findings; When Required. – The court shall make findings of the aggravating and mitigating factors present in the offense only if, in its discretion, it departs from the presumptive range of sentences specified in G.S. 15A-1340.17(c)(2).  Findings shall be in writing.  The requirement to make findings in order to depart from the presumptive range applies regardless of whether the sentence of imprisonment is activated or suspended.
(d)	Aggravating Factors. – The following are aggravating factors:
(1)	The defendant induced others to participate in the commission of the offense or occupied a position of leadership or dominance of other participants.
(2)	The defendant joined with more than one other person in committing the offense and was not charged with committing a conspiracy.
(3)	The offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.
(4)	The defendant was hired or paid to commit the offense.
(5)	The offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.
(6)	The offense was committed against a present or former: law enforcement officer, employee of the Department of Correction, jailer, fireman, emergency medical technician, ambulance attendant, justice or judge, clerk or assistant or deputy clerk of court, magistrate, prosecutor, juror, or witness against the defendant, while engaged in the performance of that person's official duties or because of the exercise of that person's official duties.
(7)	The offense was especially heinous, atrocious, or cruel.
(8)	The defendant knowingly created a great risk of death to more than one person by means of a weapon or device which would normally be hazardous to the lives of more than one person.
(9)	The defendant held public office at the time of the offense and the offense related to the conduct of the office.
(10)	The defendant was armed with or used a deadly weapon at the time of the crime.
(11)	The victim was very young, or very old, or mentally or physically infirm, or handicapped.
(12)	The defendant committed the offense while on pretrial release on another charge.
(13)	The defendant involved a person under the age of 16 in the commission of the crime.
(14)	The offense involved an attempted or actual taking of property of great monetary value or damage causing great monetary loss, or the offense involved an unusually large quantity of contraband.
(15)	The defendant took advantage of a position of trust or confidence to commit the offense.
(16)	The offense involved the sale or delivery of a controlled substance to a minor.
(17)	The offense for which the defendant stands convicted was committed against a victim because of the victim's race, color, religion, nationality, or country of origin.
(18)	The defendant does not support the defendant's family.
(19)	The serious injury inflicted upon the victim is permanent and debilitating.
(20)	Any other aggravating factor reasonably related to the purposes of sentencing.
Evidence necessary to prove an element of the offense shall not be used to prove any factor in aggravation, and the same item of evidence shall not be used to prove more than one factor in aggravation.
The judge shall not consider as an aggravating factor the fact that the defendant exercised the right to a jury trial.
(e)	Mitigating Factors. – The following are mitigating factors:
(1)	The defendant committed the offense under duress, coercion, threat, or compulsion that was insufficient to constitute a defense but significantly reduced the defendant's culpability.
(2)	The defendant was a passive participant or played a minor role in the commission of the offense.
(3)	The defendant was suffering from a mental or physical condition that was insufficient to constitute a defense but significantly reduced the defendant's culpability for the offense.
(4)	The defendant's age, immaturity, or limited mental capacity at the time of commission of the offense significantly reduced the defendant's culpability for the offense.
(5)	The defendant has made substantial or full restitution to the victim.
(6)	The victim was more than 16 years of age and was a voluntary participant in the defendant's conduct or consented to it.
(7)	The defendant aided in the apprehension of another felon or testified truthfully on behalf of the prosecution in another prosecution of a felony.
(8)	The defendant acted under strong provocation, or the relationship between the defendant and the victim was otherwise extenuating.
(9)	The defendant could not reasonably foresee that the defendant's conduct would cause or threaten serious bodily harm or fear, or the defendant exercised caution to avoid such consequences.
(10)	The defendant reasonably believed that the defendant's conduct was legal.
(11)	Prior to arrest or at an early stage of the criminal process, the defendant voluntarily acknowledged wrongdoing in connection with the offense to a law enforcement officer.
(12)	The defendant has been a person of good character or has had a good reputation in the community in which the defendant lives.
(13)	The defendant is a minor and has reliable supervision available.
(14)	The defendant has been honorably discharged from the United States armed services.
(15)	The defendant has accepted responsibility for the defendant's criminal conduct.
(16)	The defendant has entered and is currently involved in or has successfully completed a drug treatment program or an alcohol treatment program subsequent to arrest and prior to trial.
(17)	The defendant supports the defendant's family.
(18)	The defendant has a support system in the community.
(19)	The defendant has a positive employment history or is gainfully employed.
(20)	The defendant has a good treatment prognosis, and a workable treatment plan is available.
(21)	Any other mitigating factor reasonably related to the purposes of sentences.
"§ 15A-1340.17.  Punishment limits for each class of offense and prior record level. 
(a)	Offense Classification; Default Classifications. – The offense classification is as specified in the offense for which the sentence is being imposed.  If the offense is a felony for which there is no classification, it is a Class I felony.
(b)	Fines. – Any judgment that includes a sentence of imprisonment may also include a fine.  If a community punishment is authorized, the judgment may consist of a fine only.  Additionally, when the defendant is other than an individual, the judgment may consist of a fine only.  Unless otherwise provided, the amount of the fine is in the discretion of the court.
(c)	Punishments for Each Class of Offense and Prior Record Level; Punishment Chart Described. – The authorized punishment for each class of offense and prior record level is as specified in the chart below.  Prior record levels are indicated by the Roman numerals placed horizontally on the top of the chart.  Classes of offense are indicated by the letters placed vertically on the left side of the chart.  Each cell on the chart contains the following components:
(1)	A sentence disposition or dispositions: 'C' indicates that a community punishment is authorized; 'I' indicates that an intermediate punishment is authorized; and 'A' indicates that an active punishment is authorized.
(2)	A presumptive range of minimum durations, if the sentence of imprisonment is neither aggravated or mitigated; any minimum term of imprisonment in that range is permitted unless the court finds pursuant to G.S. 15A-1340.16 that an aggravated or mitigated sentence is appropriate.  The presumptive range is the middle of the three ranges in the cell.
(3)	A mitigated range of minimum durations if the court finds pursuant to G.S. 15A-1340.16 that a mitigated sentence of imprisonment is justified; in such a case, any minimum term of imprisonment in the mitigated range is permitted.  The mitigated range is the lower of the three ranges in the cell.
(4)	An aggravated range of minimum durations if the court finds pursuant to G.S. 15A-1340.16 that an aggravated sentence of imprisonment is justified; in such a case, any minimum term of imprisonment in the aggravated range is permitted.  The aggravated range is the higher of the three ranges in the cell.

PRIOR RECORD LEVEL

	I	II	III	IV	V	VI
	0 Pts	1-4 Pts	5-8 Pts	9-14 Pts	15-18 Pts	19+ Pts
	
A	Life Imprisonment or Death as Established by Statute
	
	A	A	A	A	A	A	DISPOSITION
	135-169	163-204	190-238	216-270	243-304	270-338	Aggravated
B	108-135	130-163	152-190	173-216	194-243	216-270	PRESUMPTIVE
	81-108	98-130	114-152	130-173	146-194	162-216	Mitigated
	
	A	A	A	A	A	A	DISPOSITION
	63-79	86-108	100-125	115-144	130-162	145-181	Aggravated
C	50-63	69-86	80-100	92-115	104-130	116-145	PRESUMPTIVE
	38-50	52-69	60-80	69-92	78-104	87-116	Mitigated
	
	A	A	A	A	A	A	DISPOSITION
	55-69	66-82	89-111	101-126	115-144	126-158	Aggravated
D	44-55	53-66	71-89	81-101	92-115	101-126	PRESUMPTIVE
	33-44	40-53	53-71	61-81	69-92	76-101	Mitigated
	
	I/A	I/A	A	A	A	A	DISPOSITION
	25-31	29-36	34-42	46-58	53-66	59-74	Aggravated
E	20-25	23-29	27-34	37-46	42-53	47-59	PRESUMPTIVE
	15-20	17-23	20-27	28-37	32-42	35-47	Mitigated
	
	I/A	I/A	I/A	A	A	A	DISPOSITION
	16-20	19-24	21-26	25-31	34-42	39-49	Aggravated
F	13-16	15-19	17-21	20-25	27-34	31-39	PRESUMPTIVE
	10-13	11-15	13-17	15-20	20-27	23-31	Mitigated
	
	I/A	I/A	I/A	I/A	A	A	DISPOSITION
1	3-16	15-19	16-20	20-25	21-26	29-36	Aggravated
G	10-13	12-15	13-16	16-20	17-21	23-29	PRESUMPTIVE
	8-10	9-12	10-13	12-16	13-17	17-23	Mitigated
	
	C/I	I	I/A	I/A	I/A	A	DISPOSITION
	6-8	8-10	10-12	11-14	15-19	20-25	Aggravated
H	5-6	6-8	8-10	9-11	12-15	16-20	PRESUMPTIVE
	4-5	4-6	6-8	7-9	9-12	12-16	Mitigated
	
	C	C/I	I	I/A	I/A	I/A	DISPOSITION
	6-8	6-8	6-8	8-10	9-11	10-12	Aggravated
I	4-6	4-6	5-6	6-8	7-9	8-10	PRESUMPTIVE
	3-4	3-4	4-5	4-6	5-7	6-8	Mitigated 

(d)	Maximum Sentences Specified for Class F 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 F through Class I felonies.  The first figure in each cell in the table is the minimum term and the second is the maximum term.

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	26-32	27-33
28-34	29-35	30-36	31-38	32-39	33-40	34-41	35-42
36-44	37-45	38-46	39-47	40-48	41-50	42-51	43-52
44-53	45-54	46-56	47-57	48-58	49-59			.
(e)	Maximum Sentences Specified for Class B through Class E 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 B through Class E felonies.  The first figure in each cell of the table is the minimum term and the second is the maximum term.

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	2957362
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	.

"Part 3.  Misdemeanor Sentencing.
"§ 15A-1340.20.  Procedure and incidents of sentence of imprisonment for misdemeanors. 
(a)	Application to Misdemeanors Only. – This Part applies to sentences imposed for misdemeanor convictions.
(b)	Procedure Generally; Term of Imprisonment. – A sentence imposed for a misdemeanor shall contain a sentence disposition specified for the class of offense and prior conviction level, and any sentence of imprisonment shall be within the range specified for the class of offense and prior conviction level, unless applicable statutes require otherwise.  The kinds of sentence dispositions are active punishment, intermediate punishment, and community punishment.  Except for the work and earned time credits authorized by G.S. 162-60, or earned time credits authorized by G.S. 15A-1355(c), if applicable, an offender whose sentence of imprisonment is activated shall serve each day of the term imposed.
(c)	Suspension of Sentence. – Unless otherwise provided, the court shall suspend a sentence of imprisonment if the class of offense and prior conviction level requires community or intermediate punishment as a sentence disposition.
(d)	Earned Time Authorization. – An offender sentenced to a term of imprisonment that is activated is eligible to receive earned time credit for misdemeanant offenders awarded by the Department of Correction or the custodian of a local confinement facility, pursuant to rules adopted in accordance with law.  These rules shall not award misdemeanant offenders more than four days of earned time credit per month of incarceration.
"§ 15A-1340.21.  Prior conviction level for misdemeanor sentencing. 
(a)	Generally. – The prior conviction level of a misdemeanor offender is determined by calculating the number of the offender's prior convictions that the court finds to have been proven in accordance with this section.
(b)	Prior Conviction Levels for Misdemeanor Sentencing. – The prior conviction levels for misdemeanor sentencing are:
(1)	Level I – 0 prior convictions.
(2)	Level II – At least 1, but not more than 4 prior convictions.
(3)	Level III – At least 5 prior convictions.
(c)	Proof of Prior Convictions. – A prior conviction shall be proved by any of the following methods:
(1)	Stipulation of the parties.
(2)	An original or copy of the court record of the prior conviction.
(3)	A copy of records maintained by the Division of Criminal Information, the Division of Motor Vehicles, or of the Administrative Office of the Courts.
(4)	Any other method found by the court to be reliable.
The State bears the burden of proving, by a preponderance of the evidence, that a prior conviction exists and that the offender before the court is the same person as the offender named in the prior conviction.  The original or a copy of the court records or a copy of the records maintained by the Division of Criminal Information, the Division of Motor Vehicles, or of the Administrative Office of the Courts, bearing the same name as that by which the offender is charged, is prima facie evidence that the offender named is the same person as the offender before the court, and that the facts set out in the record are true.  For purposes of this subsection, 'copy' includes a paper writing containing a reproduction of a record maintained electronically on a computer or other data processing equipment, and a document produced by a facsimile machine.  Evidence presented by either party at trial may be utilized to prove prior convictions.  Suppression of prior convictions is pursuant to G.S. 15A-980.  If a motion is made pursuant to that section during the sentencing stage of the criminal action, either the State or the offender is entitled to a continuance of the sentencing hearing.
(d)	Multiple Prior Convictions Obtained in One Court Week. – For purposes of this section, if an offender is convicted of more than one offense in a single session of district court, or in a single week of superior court or of a court in another jurisdiction, only one of the convictions may be used to determine the prior conviction level.
"§ 15A-1340.22.  Multiple convictions. 
(a)	Limits on Consecutive Sentences. – If the court elects to impose consecutive sentences for two or more misdemeanors and the most serious misdemeanor is classified in Class 1 or Class 2, the cumulative length of the sentences of imprisonment shall not exceed twice the maximum sentence authorized for the class and prior conviction level of the most serious offense.  Consecutive sentences shall not be imposed if all convictions are for Class 3 misdemeanors.
(b)	Consolidation of Sentences. – If an offender is convicted of more than one offense at the same session of court, the court may consolidate the offenses for judgment and impose a single judgment for the consolidated offenses.  Any sentence imposed shall be consistent with the appropriate prior conviction level of the most serious offense.
"§ 15A-1340.23.  Punishment limits for each class of offense and prior conviction level. 
(a)	Offense Classification; Default Classifications. – The offense classification is as specified in the offense for which the sentence is being imposed.  If the offense is a misdemeanor for which there is no classification, it is as classified in G.S. 14-3.
(b)	Fines. – Any judgment that includes a sentence of imprisonment may also include a fine.  Additionally, when the defendant is other than an individual, the judgment may consist of a fine only.  If a community punishment is authorized, the judgment may consist of a fine only.  Unless otherwise provided for a specific offense, the maximum fine that may be imposed is two hundred dollars ($200.00) for a Class 3 misdemeanor and one thousand dollars ($1,000) for a Class 2 misdemeanor.  The amount of the fine for a Class 1 misdemeanor is in the discretion of the court.
(c)	Punishment for Each Class of Offense and Prior Conviction Level; Punishment Chart Described. – Unless otherwise provided for a specific offense, the authorized punishment for each class of offense and prior conviction level is as specified in the chart below.  Prior conviction levels are indicated by the Roman numerals placed horizontally on the top of the chart.  Classes of offenses are indicated by the Arabic numbers placed vertically on the left side of the chart.  Each grid on the chart contains the following components:
(1)	A sentence disposition or dispositions: 'C' indicates that a community punishment is authorized; 'I' indicates that an intermediate punishment is authorized; and 'A' indicates that an active punishment is authorized; and
(2)	A range of durations for the sentence of imprisonment: any sentence within the duration specified is permitted.
	
PRIOR CONVICTION LEVELS
MISDEMEANOR
OFFENSE	LEVEL I	LEVEL II	LEVEL III
CLASS	No Prior	One to Four Prior	Five or More
		Convictions	Convictions	Prior Convictions
1	1-45 days C	1-45 days C/I/A	1-120 days C/I/A

2	1-30 days C	1-45 days C/I	1-60 days C/I/A

3	1-10 days C	1-15 days C/I	1-20 days C/I/A."

Sec. 2.  G.S. 14-1.1 is repealed.
Sec. 2.1.  G.S. 14-2 is repealed.
Sec. 3.  G.S. 14-2.1 is repealed.
Sec. 4.  G.S. 14-2.2 is repealed.
Sec. 5.  G.S. 14-2.4 reads as rewritten:
"§ 14-2.4.  Punishment for conspiracy to commit a felony.
(a)	Unless a different classification is expressly stated, a person who is convicted of a conspiracy to commit a felony is guilty of a felony that is one class lower than the felony he or she conspired to commit, except that a conspiracy to commit a Class I felony is a Class 1 misdemeanor.
		(b)	Unless a different classification is expressly stated, a person who is convicted of a conspiracy to commit a misdemeanor is guilty of a misdemeanor that is one class lower than the misdemeanor he or she conspired to commit, except that a conspiracy to commit a Class 3 misdemeanor is a Class 3 misdemeanor."
Sec. 6.  Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-2.5.  Punishment for attempt to commit a felony or misdemeanor.
Unless a different classification is expressly stated, an attempt to commit a misdemeanor or a felony is punishable under the next lower classification as the offense which the offender attempted to commit.  An attempt to commit a Class I felony is a Class 1 misdemeanor, and an attempt to commit a Class 3 misdemeanor is a Class 3 misdemeanor."
Sec. 6.1.  Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-2.6.  Punishment for solicitation to commit a felony or misdemeanor.
(a)	Unless a different classification is expressly stated, a person who solicits another person to commit a felony is guilty of a felony that is two classes lower than the felony the person solicited the other person to commit, except that a solicitation to commit a Class H felony is a Class 1 misdemeanor, and a solicitation to commit a Class I felony is a Class 2 misdemeanor.
(b)	Unless a different classification is expressly stated, a person who solicits another person to commit a misdemeanor is guilty of a Class 3 misdemeanor."
Sec. 7.  G.S. 14-3 reads as rewritten:
"§ 14-3.  Punishment of misdemeanors, infamous offenses, offenses committed in secrecy and malice, or with deceit and intent to defraud, or with ethnic animosity.
(a)	Except as provided in subsections (b) and (c), every person who shall be convicted of any misdemeanor for which no specific classification and no specific punishment is prescribed by statute shall be punishable as a Class 1 misdemeanor. Any misdemeanor that has a specific punishment, but is not assigned a classification by the General Assembly pursuant to law is classified as follows, based on the maximum punishment allowed by law for the offense as it existed on the effective date of Article 81B of Chapter 15A of the General Statutes.
(1)	If that maximum punishment is more than six months imprisonment, it is a Class 1 misdemeanor;
(2)	If that maximum punishment is more than 30 days but not more than six months imprisonment, it is a Class 2 misdemeanor; and
(3)	If that maximum punishment is 30 days or less imprisonment or only a fine, it is a Class 3 misdemeanor.
Misdemeanors that have punishments for one or more counties or cities pursuant to a local act of the General Assembly that are different from the generally applicable punishment are classified pursuant to this subsection if not otherwise specifically classified.
(b)	If a misdemeanor offense as to which no specific punishment is prescribed be infamous, done in secrecy and malice, or with deceit and intent to defraud, the offender shall, except where the offense is a conspiracy to commit a misdemeanor, be guilty of a Class H felony.
(c)	If any Class 2 or Class 3 misdemeanor is committed because of the victim's race, color, religion, nationality, or country of origin, the offender shall be guilty of a Class 1 misdemeanor.  If any Class 1 misdemeanor offense is committed because of the victim's race, color, religion, nationality, or country of origin, the offender shall be guilty of a Class I felony."
Sec. 8.  G.S. 14-4(a) reads as rewritten:
"(a)	Except as provided in subsection (b), if any person shall violate an ordinance of a county, city, town, or metropolitan sewerage district created under Article 5 of Chapter 162A, he shall be guilty of a Class 3 misdemeanor.  No fine shall exceed fifty dollars ($50.00) unless the ordinance expressly states that the maximum fine is greater than fifty dollars ($50.00)."
Sec. 9. G.S. 14-7.6 reads as rewritten:
"§ 14-7.6.  Sentencing of habitual felons.
When an habitual felon shall commit any felony classified as a Class E, F, G, H, or I felony under the laws of the State of North Carolina, he must, upon conviction or plea of guilty under indictment as herein provided, be punished as a Class D felon. In determining the prior record level, convictions used to establish a person's status as a habitual felon shall not be used. For purposes of this section, habitual felon is defined as in G.S. 14-7.1, except that only one of the three felony convictions may be for a Class H, I, or J felony. Sentences imposed under this Article shall run consecutively with and  shall commence at the expiration of any sentence being served by the person sentenced hereunder."
Sec. 10.  G.S. 15A-1022(a) reads as rewritten:
"(a)	Except in the case of corporations or in misdemeanor cases in which there is a waiver of appearance under G.S. 15A-1011(a)(3), a superior court judge may not accept a plea of guilty or no contest from the defendant without first addressing him personally and:
(1)	Informing him that he has a right to remain silent and that any statement he makes may be used against him;
(2)	Determining that he understands the nature of the charge;
(3)	Informing him that he has a right to plead not guilty;
(4)	Informing him that by his plea he waives his right to trial by jury and his right to be confronted by the witnesses against him;
(5)	Determining that the defendant, if represented by counsel, is satisfied with his representation;
(6)	Informing him of the maximum possible sentence on the charge for the class of offense for which the defendant is being sentenced, including that possible from consecutive sentences, and of the mandatory minimum sentence, if any, on the charge; and
(7)	Informing him that if he is not a citizen of the United States of America, a plea of guilty or no contest may result in deportation, the exclusion from admission to this country, or the denial of naturalization under federal law."
Sec. 11.  G.S. 15A-1301 reads as rewritten:
"§ 15A-1301.  Order of commitment to imprisonment when not otherwise specified.
When a judicial official orders that a defendant be imprisoned he must issue an appropriate written commitment order.  When the commitment is to a sentence of imprisonment, the commitment must include the identification and class of the offense or offenses for which the defendant was convicted and, if the sentences are consecutive, the maximum sentence allowed by law upon conviction of each offense for the punishment range used to impose the sentence for the class of offense and prior record or conviction level, and, if the sentences are concurrent or consolidated, the longest of the maximum sentences allowed by law for the classes of offense and prior record or conviction levels upon conviction of any of the offenses."
Sec. 12.  G.S. 15A-1331 reads as rewritten:
"§ 15A-1331.  Authorized sentences; conviction.
(a)	The criminal judgment entered against a person in either district or superior court shall be consistent with the provisions of Article 81B of this Chapter and contain a sentence disposition consistent with that Article, unless the offense for which his guilt has been established is not covered by that Article.  
			(b)	For the purpose of imposing sentence, a person has been convicted when he has been adjudged guilty or has entered a plea of guilty or no contest."
Sec. 13.  G.S. 15A-1332(c) reads as rewritten:
"(c)	Presentence Commitment for Study. – When the court desires more detailed information as a basis for determining the sentence to be imposed than can be provided by a presentence investigation, the court may commit a defendant to the Department of Correction for study for the shortest period necessary to complete the study, not to exceed 90 days, if that defendant has been charged with or convicted of any felony or a Class 1 misdemeanor crime or crimes for which he may be imprisoned for more than six months and if he consents.  The period of commitment must end when the study is completed, and may not exceed 90 days.  The Department must conduct a complete study of a defendant committed to it under this subsection, inquiring into such matters as the defendant's previous delinquency or criminal experience, his social background, his capabilities, his mental, emotional and physical health, and the availability of resources or programs appropriate to the defendant.  Upon completion of the study or the end of the 90-day period, whichever occurs first, the Department of Correction must release the defendant to the sheriff of the county in which his case is docketed.  The Department must forward the study to the clerk in that county, including whatever recommendations the Department believes will be helpful to a proper resolution of the case.  When a defendant is returned from a presentence commitment for study, the conditions of pretrial release which obtained for the defendant before the commitment continue until judgment is entered, unless the conditions are modified under the provisions of G.S. 15A-534(e)."
Sec. 14.  Article 81A of Chapter 15A of the General Statutes is repealed.
Sec. 15.  G.S. 15A-1341 reads as rewritten:
"§ 15A-1341.  Probation generally.
(a)	Use of Probation. –Unless specifically prohibited, a person who has been convicted of any criminal offense may be placed on probation as provided by this Article if the class of offense of which the person is convicted and the person's prior record or conviction level under Article 81B of this Chapter authorizes a community or intermediate punishment as a type of sentence disposition or if the person is convicted of impaired driving under G.S. 20-138.1.  
					(a1)	Deferred Prosecution. – A person who has been charged with a Class H or I felony or a misdemeanor may be placed on probation as provided in this Article on motion of the defendant and the prosecutor if the court finds each of the following facts:
(1)	Prosecution has been deferred by the prosecutor pursuant to written agreement with the defendant, with the approval of the court, for the purpose of allowing the defendant to demonstrate his good conduct.
(2)	Each known victim of the crime has been notified of the motion for probation by subpoena or certified mail and has been given an opportunity to be heard.
(3)	The defendant has not been convicted of any felony or of any misdemeanor involving moral turpitude.
(4)	The defendant has not previously been placed on probation and so states under oath.
(5)	The defendant is unlikely to commit another offense other than a Class 3 misdemeanor.
(b)	Supervised and Unsupervised Probation. – The court may place a person on supervised or unsupervised probation.  A person on unsupervised probation is subject to all incidents of probation except supervision by or assignment to a probation officer.
(c)	Election to Serve Sentence or Be Tried on Charges. – Any person placed on probation may at any time during the probationary period elect to serve his suspended sentence of imprisonment in lieu of the remainder of his probation.  Any person placed on probation upon deferral of prosecution may at any time during the probationary period elect to be tried upon the charges deferred in lieu of remaining on probation."
Sec. 16.  G.S. 15A-1343(b1) reads as rewritten:
"(b1)	Special Conditions. – In addition to the regular conditions of probation specified in subsection (b), the court may, as a condition of probation, require that during the probation the defendant comply with one or more of the following special conditions:
(1)	Undergo available medical or psychiatric treatment and remain in a specified institution if required for that purpose.
(2)	Attend or reside in a facility providing rehabilitation, counseling, treatment, social skills, or employment training, instruction, recreation, or residence for persons on probation.
(2a)	Submit to a period of imprisonment in a facility for youthful offenders for a minimum of 90 days or a maximum of 120 days under special probation, reference G.S. 15A-1351(a) or G.S. 15A-1344(e), and abide by all rules and regulations as provided in conjunction with the Intensive Motivational Program of Alternative Correctional Treatment (IMPACT), which provides an atmosphere for learning personal confidence, personal responsibility, self-respect, and respect for attitudes and value systems.
(3)	Submit to imprisonment required for special probation under G.S. 15A-1351(a) or G.S. 15A-1344(e).
(3a)	Remain in one or more specified places for a specified period or periods each day, and wear a device that permits the defendant's compliance with the condition to be monitored electronically.
(3b)	Submit to supervision by officers assigned to the Intensive Probation Program established pursuant to G.S. 143B-262(c), and abide by the rules adopted for that Program.
(4)	Surrender his driver's license to the clerk of superior court, and not operate a motor vehicle for a period specified by the court.
(5)	Compensate the Department of Environment, Health, and Natural Resources or the North Carolina Wildlife Resources Commission, as the case may be, for the replacement costs of any marine and estuarine resources or any wildlife resources which were taken, injured, removed, harmfully altered, damaged or destroyed as a result of a criminal offense of which the defendant was convicted.  If any investigation is required by officers or agents of the Department of Environment, Health, and Natural Resources or the Wildlife Resources Commission in determining the extent of the destruction of resources involved, the court may include compensation of the agency for investigative costs as a condition of probation.  This subdivision does not apply in any case governed by G.S. 143-215.3(a)(7).
(6)	Perform community or reparation service and pay any fee required by law or ordered by the court for participation in the community or reparation service program.
(7)	Submit at reasonable times to warrantless searches by a probation officer of his person and of his vehicle and premises while he is present, for purposes specified by the court and reasonably related to his probation supervision, but the probationer may not be required to submit to any other search that would otherwise be unlawful.  Whenever the warrantless search consists of testing for the presence of illegal drugs, the probationer may also be required to reimburse the Department of Correction for the actual cost of drug screening and drug testing, if the results are positive.
(8)	Not use, possess, or control any illegal drug or controlled substance unless it has been prescribed for him by a licensed physician and is in the original container with the prescription number affixed on it; not knowingly associate with any known or previously convicted users, possessors or sellers of any such illegal drugs or controlled substances; and not knowingly be present at or frequent any place where such illegal drugs or controlled substances are sold, kept, or used.
(8a)	Purchase the least expensive annual statewide license or combination of licenses to hunt, trap, or fish listed in G.S. 113-270.2, 113-270.3, 113-270.5, 113-271, 113-272, and 113-272.2 that would be required to engage lawfully in the specific activity or activities in which the defendant was engaged and which constitute the basis of the offense or offenses of which he was convicted.
(9)	If the offense is one in which there is evidence of physical, mental or sexual abuse of a minor, the court should encourage the minor and the minor's parents or custodians to participate in rehabilitative treatment and may order the defendant to pay the cost of such treatment.
(10)	Satisfy any other conditions determined by the court to be reasonably related to his rehabilitation."
Sec. 17.  G.S. 15A-1343.1 reads as rewritten:
"§ 15A-1343.1.  Criteria for selection and sentencing to IMPACT.
The criteria for selecting and sentencing youthful offenders to the Intensive Motivational Program of Alternative Correctional Treatment as provided under G.S. 15A-1343(b1)(2a) shall be as follows:
(1)	The offender must be between the ages of 16 and 25;
(2)	The offender must be convicted of a Class 1 misdemeanor or a felony.
(3)	The offender must submit to a medical evaluation by a physician approved by his probation or parole officer and must be certified by the physician to be medically fit for program participation;
(4)	The offender must not previously have served an active sentence in excess of 120 days for an offense not subject to Article 81B of this Chapter or of 30 days for an offense subject to Article 81B of this Chapter."
Sec. 17.1.  Chapter 15A of the General Statutes is amended to add a new section to read:
"§ 15A-1343.2.  Special probation rules for persons sentenced under Article 81B.
(a)	Applicability. – This section applies only to persons sentenced under Article 81B of this Chapter.
(b)	Purposes of Probation for Community and Intermediate Punishments. – The Department of Correction shall develop a plan to handle offenders sentenced to community and intermediate punishments.  The probation program designed to handle these offenders shall have the following principal purposes:  to hold offenders accountable for making restitution, to ensure compliance with the court's judgment, to effectively rehabilitate offenders by directing them to specialized treatment or education programs, and to protect the public safety.
(c)	Probation Caseload Goals. – It is the goal of the General Assembly that, subject to the availability of funds, caseloads for probation officers supervising persons sentenced to community punishment should not exceed an average of 90 offenders per officer, and caseloads for offenders sentenced to intermediate punishments should not exceed an average of 60 offenders per officer by July 1, 1998.
(d)	Lengths of Probation Terms Under Structured Sentencing. – Unless the court makes specific findings that longer or shorter periods of probation are necessary, the length of the term of probation for offenders sentenced under Article 81B shall be as follows:
(1)	For misdemeanants sentenced to community punishment, not less that six nor more than 18 months;
(2)	For misdemeanants sentenced to intermediate punishment, not less than 12 nor more than 24 months;
(3)	For felons sentenced to community punishment, not less than 12 nor more than 30 months; and
(4)	For felons sentenced to intermediate punishment, not less than 18 nor more than 36 months.
The court may with the consent of the offender extend the original term of the probation if necessary to complete a program of restitution or to complete medical or psychiatric treatment ordered as a condition of probation.  This extension may be for no more than three years, and may only be ordered in the last six months of the original probation term.
(e)	Delegation to Probation Officer in Community Punishment. – The court may delegate to the Division of Adult Probation and Parole in the Department of Correction the authority to require an offender sentenced to community punishment to:
(1)	Perform up to 20 hours of community service, and pay the fee prescribed by law for this supervision;
(2)	Report to the offender's probation officer on a frequency to be determined by the officer; or
(3)	Submit to substance abuse monitoring or treatment.
If the Division imposes any of the above requirements, then it may subsequently reduce or remove those same requirements.
If the probation officer exercises authority delegated by the court pursuant to this subsection, the offender may file a motion with the court to review the action taken by the probation officer.  The offender shall be given notice of the right to seek such a court review.  The Division may exercise any authority delegated to it under this subsection only if it first determines that the offender has failed to comply with one or more of the conditions of probation imposed by the court.
(f)	Delegation to Probation Officer in Intermediate Punishments. – The court may delegate to the Division of Adult Probation and Parole in the Department of Correction the authority to require an offender sentenced to intermediate punishment to:
(1)	Perform up to 50 hours of community service, and pay the fee prescribed by law for this supervision;
(2)	Submit to electronic monitoring;
(3)	Submit to substance abuse monitoring or treatment; or
(4)	Participate in an educational or vocational skills development program.
If the Division imposes any of the above requirements, then it may subsequently reduce or remove those same requirements.
If the probation officer exercises authority delegated to him or her by the court pursuant to this subsection, the offender may file a motion with the court to review the action taken by the probation officer.  The offender shall be given notice of the right to seek such a court review.  The Division may exercise any authority delegated to it under this subsection only if it first determines that the offender has failed to comply with one or more of the conditions of probation imposed by the court.
(g)	Contempt for Probation Violation on Intermediate Punishments. – An offender sentenced to an intermediate punishment who willfully fails to comply with a condition of probation commits an act of criminal contempt as specified in G.S. 5A-11(a)(10) for doing so, and may be punished as provided in Article 1 of Chapter 5A of the General Statutes.  Service of a sentence for contempt under this subsection does not terminate the offender's probation.  Notwithstanding the provisions of G.S. 5A-12(a), an offender punished under this subsection may be imprisoned for up to 30 days, but no fine or any other punishment shall be imposed for contempt under this subsection.  A person held in criminal contempt under this section shall not for the same conduct have the person's probation revoked under this Article.  A person imprisoned under this subsection for contempt shall be given day-for-day credit on any sentence of imprisonment for the underlying offense, if the offender's probation is subsequently revoked.  If the offender serves a sentence for contempt in a local confinement facility, the Department of Correction shall pay for the confinement at the standard rate set by the General Assembly pursuant to G.S. 148-32.1(a), regardless of whether the offender would be eligible under the terms of that subsection.
(h)	Definitions. – For purposes of this section, the definitions in G.S. 15A-1340.11 apply."
Sec. 18.  G.S. 15A-1344 reads as rewritten:
"§ 15A-1344.  Response to violations; alteration and revocation.
(a)	Authority to Alter or Revoke. – Except as provided in subsection (b), probation may be reduced, terminated, continued, extended, modified, or revoked by any judge entitled to sit in the court which imposed probation and who is resident or presiding in the district court district as defined in G.S. 7A-133 or superior court district or set of districts as defined in G.S. 7A-41.1, as the case may be, where the sentence of probation was imposed, where the probationer violates probation, or where the probationer resides.  Upon a finding that an offender sentenced to community punishment under Article 81B has violated one or more conditions of probation, the court's authority to modify the probation judgment includes the authority to require the offender to comply with conditions of probation that would otherwise make the sentence an intermediate punishment.  The district attorney of the prosecutorial district as defined in G.S. 7A-60 in which probation was imposed must be given reasonable notice of any hearing to affect probation substantially.
(b)	Limits on Jurisdiction to Alter or Revoke Unsupervised Probation. – If the sentencing judge has entered an order to limit jurisdiction to consider a sentence of unsupervised probation under G.S. 15A-1342(h), a sentence of unsupervised probation may be reduced, terminated, continued, extended, modified, or revoked only by the sentencing judge or, if the sentencing judge is no longer on the bench, by a presiding judge in the court where the defendant was sentenced.
(c)	Procedure on Altering or Revoking Probation; Returning Probationer to District Where Sentenced. – When a judge reduces, terminates, extends, modifies, or revokes probation outside the county where the judgment was entered, the clerk must send a copy of the order and any other records to the court where probation was originally imposed.  A court on its own motion may return the probationer to the district court district as defined in G.S. 7A-133 or superior court district or set of districts as defined in G.S. 7A-41.1, as the case may be, where probation was imposed or where the probationer resides for reduction, termination, continuation, extension, modification, or revocation of probation.  In cases where the probation is revoked in a county other than the county of original conviction the clerk in that county must issue a commitment order and must file the order revoking probation and the commitment order, which will constitute sufficient permanent record of the proceeding in that court, and must send a certified copy of the order revoking probation, the commitment order, and all other records pertaining thereto to the county of original conviction to be filed with the original records.  The clerk in the county other than the county of original conviction must issue the formal commitment to the North Carolina Department of Correction.
(d)	Extension and Modification; Response to Violations. – At any time prior to the expiration or termination of the probation period, the court may after notice and hearing and for good cause shown extend the period of probation up to the maximum allowed under G.S. 15A-1342(a) and may modify the conditions of probation.  The probation period shall be tolled if the probationer shall have pending against him criminal charges in any court of competent jurisdiction, which, upon conviction, could result in revocation proceedings against him for violation of the terms of this probation.  The hearing may be held in the absence of the defendant, if he fails to appear for the hearing after a reasonable effort to notify him.  If a convicted defendant violates a condition of probation at any time prior to the expiration or termination of the period of probation, the court, in accordance with the provisions of G.S. 15A-1345, may continue him on probation, with or without modifying the conditions, may place the defendant on special probation as provided in subsection (e), or, if continuation, modification, or special probation is not appropriate, may revoke the probation and activate the suspended sentence imposed at the time of initial sentencing, if any, or may order that charges as to which prosecution has been deferred be brought to trial; provided that probation may not be revoked solely for conviction of a Class 3 misdemeanor.  The court, before activating a sentence to imprisonment established when the defendant was placed on probation, may reduce the sentence, but the reduction shall be consistent with subsection (d1) of this section.  A sentence activated upon revocation of probation commences on the day probation is revoked and runs concurrently with any other period of probation, parole, or imprisonment to which the defendant is subject during that period unless the revoking judge specifies that it is to run consecutively with the other period.
(d1)	Reduction of Initial Sentence. – If the court elects to reduce the sentence of imprisonment for a felony, it shall not deviate from the range of minimum durations established in Article 81B of this Chapter for the class of offense and prior record level used in determining the initial sentence.  If the presumptive range is used for the initial suspended sentence, the reduced sentence shall be within the presumptive range.  If the mitigated range is used for the initial suspended sentence, the reduced sentence shall be within the mitigated range.  If the aggravated range is used for the initial suspended sentence, the reduced sentence shall be within the aggravated range.  If the court elects to reduce the sentence for a misdemeanor, it shall not deviate from the range of durations established in Article 81B for the class of offense and prior conviction level used in determining the initial sentence.
(e)	Special Probation in Response to Violation. – When a defendant has violated a condition of probation, the court may modify his probation to place him on special probation as provided in this subsection.  In placing him on special probation, the court may continue or modify the conditions of his probation and in addition require that he submit to a period or periods of imprisonment, either continuous or noncontinuous, at whatever time or intervals within the period of probation the court determines.  In addition to any other conditions of probation which the court may impose, the court shall impose, when imposing a period or periods of imprisonment as a condition of special probation, the condition that the defendant obey the Rules and Regulations of the Department of Correction governing conduct of inmates, and this condition shall apply to the defendant whether or not the court imposes it as a part of the written order.  If imprisonment is for continuous periods, the confinement may be in either the custody of the Department of Correction or a local confinement facility.  Noncontinuous periods of imprisonment under special probation may only be served in a designated local confinement or treatment facility.  Except for probationary sentences for impaired driving under G.S. 20-138.1, the total of all periods of confinement imposed as an incident of special probation, but not including an activated suspended sentence, may not exceed six months or one fourth the maximum sentence of imprisonment imposed for the offense, whichever is less.  For probationary sentences for impaired driving under G.S. 20-138.1, the total of all periods of confinement imposed as an incident of special probation, but not including an activated suspended sentence, shall not exceed one-fourth the maximum penalty allowed by law.  No confinement other than an activated suspended sentence may be required beyond the period of probation or beyond two years of the time the special probation is imposed, whichever comes first.
(f)	Revocation after Period of Probation. – The court may revoke probation after the expiration of the period of probation if:
(1)	Before the expiration of the period of probation the State has  filed a written motion with the clerk indicating its intent to conduct a revocation hearing; and
(2)	The court finds that the State has made reasonable effort to  notify the probationer and to conduct the hearing earlier."
Sec. 19.  G.S. 15A-1351 reads as rewritten:
"§ 15A-1351.  Sentence of imprisonment; incidents; special probation.
(a)	The judge may sentence to special probation a defendant convicted of a criminal offense other than impaired driving under G.S. 20-138.1, if based on the defendant's prior record or conviction level as found pursuant to Article 81B of this Chapter, an intermediate punishment is authorized for the class of offense of which the defendant has been convicted.  A defendant convicted of impaired driving under G.S. 20-138.1 may also be sentenced to special probation.  Under a sentence of special probation, the court may suspend the term of imprisonment and place the defendant on probation as provided in Article 82, Probation, and in addition require that the defendant submit to a period or periods of imprisonment in the custody of the Department of Correction or a designated local confinement or treatment facility at whatever time or intervals within the period of probation, consecutive or nonconsecutive, the court determines.  In addition to any other conditions of probation which the court may impose, the court shall impose, when imposing a period or periods of imprisonment as a condition of special probation, the condition that the defendant obey the Rules and Regulations of the Department of Correction governing conduct of inmates, and this condition shall apply to the defendant whether or not the court imposes it as a part of the written order.  If imprisonment is for continuous periods, the confinement may be in the  custody of either the Department of Correction or a local confinement facility.  Noncontinuous periods of imprisonment under special probation may only be served in a designated local confinement or treatment facility.  Except for probationary sentences of impaired driving under G.S. 20-138.1, the total of all periods of confinement imposed as an incident of special probation, but not including an activated suspended sentence, may not exceed six months or one fourth the maximum sentence of imprisonment imposed for the offense, whichever is less, and no confinement other than an activated suspended sentence may be required beyond two years of conviction.  For probationary sentences for impaired driving under G.S. 20-138.1, the total of all periods of confinement imposed as an incident of special probation, but not including an activated suspended sentence, shall not exceed one-fourth the maximum penalty allowed by law.  In imposing a sentence of special probation, the judge may credit any time spent committed or confined, as a result of the charge, to either the suspended sentence  or to the imprisonment required for special probation.  The period of probation, including the period of imprisonment required for special probation, may not exceed five years.  The court may revoke, modify, or terminate special probation as otherwise provided for probationary sentences.
(b)	Sentencing of a person convicted of a felony or of a misdemeanor other than impaired driving under G.S. 20-138.1 that occurred on or after the effective date of Article 81B is subject to that Article.  For persons convicted of impaired driving under G.S. 20-138.1, a sentence to imprisonment must impose a maximum term and may impose a minimum term.  The impaired driving judgment may state the minimum term or may state that a term constitutes both the minimum and maximum terms.  If the impaired driving judgment states no minimum term, the defendant becomes eligible for parole in accordance with G.S. 15A-1371(a).
(c)	Repealed by Session Laws 1979, c. 749, s. 7.
		(f)	Work Release. – When sentencing a person convicted of a felony, the sentencing court may recommend that the sentenced offender be granted work release as authorized in G.S. 148-33.1.  When sentencing a person convicted of a misdemeanor, the sentencing court may recommend or, with the consent of the person sentenced, order that the sentenced offender be granted work release as authorized in G.S. 148-33.1.
(g)	Credit. – Credit towards a sentence to imprisonment is as provided in Article 19A of Chapter 15 of the General Statutes.
(h)	Substance Abuse Recommendation. – The sentencing court may recommend that the sentenced offender be assigned to the Substance Abuse Treatment Unit for treatment of alcoholism or substance abuse during his imprisonment."
Sec. 20.  G.S. 15A-1355(c) reads as rewritten:
"(c)	Earned Time; Credit for Good Behavior for Impaired Drivers. –Persons convicted of felonies or misdemeanors under Article 81B of this Chapter may, consistent with rules of the Department of Correction, earn credit which may be used to reduce their maximum terms of imprisonment as provided in G.S. 15A-1340.13(d) for felony sentences and in G.S. 15A-1340.20(d) for misdemeanor sentences.
For sentences of imprisonment imposed for convictions of impaired driving under G.S. 20-138.1, the Department of Correction may give credit toward service of the maximum term and any minimum term of imprisonment and toward eligibility for parole for allowances of time as provided in rules and regulations made under G.S. 148-11 and 148-13."
Sec. 20.1.  Chapter 15A is amended by adding a new Article to read:
"ARTICLE 84A.
"Post-Release Supervision.
"§ 15A-1370.1.  Definitions and administration. 
(a)	The following words have the listed meaning in this Article:
(1)	Post-release supervision or supervision. – The time for which a sentenced prisoner is released from prison before the termination of his maximum prison term, controlled by the rules and conditions of this Article.  Purposes of post-release supervision include all or any of the following:  to monitor and control the prisoner in the community, to assist the prisoner in reintegrating into society, to collect restitution and other court indebtedness from the prisoner, and to continue the prisoner's treatment or education.
(2)	Supervisee. – A person released from incarceration and in the custody of the Department of Correction and Post-Release Supervision and Parole Commission on post-release supervision.
(3)	Commission. – The Post-Release Supervision and Parole Commission, whose general authority is described in G.S. 143B-266.
(4)	Minimum imposed term. – The minimum 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 imprisonment terms, the minimum imposed term, for purposes of this Article, is the sum of all minimum terms imposed in the court judgment.
(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.
(b)	Administration. – The Post-Release Supervision and Parole Commission, as authorized in Chapter 143, shall administer post-release supervision as provided in this Article.
"§ 15A-1370.2.  Applicability of Article 84A. 
This Article applies to all felons in Class B through Class E sentenced to an active punishment as defined in G.S. 15A-1340.11.  Prisoners subject to Articles 85 and 85A are excluded from this Article's coverage.
"§ 15A-1370.3.  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(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 six months.  The conditions of post-release supervision are as authorized in G.S. 15A-1370.5.
(d)	A supervisee's period of post-release supervision may be reduced while the supervisee is under supervision by earned time awarded by the Department of Correction, pursuant to rules adopted in accordance with law.  A supervisee is eligible to receive earned time credit toward the period of supervision for compliance with reintegrative conditions described in G.S. 15A-1370.5.
(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.
(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.
"§ 15A-1370.4.  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-1370.5, 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-1370.7 and reimprison the supervisee for a term consistent with the following requirements:
(1)	The supervisee will be returned to prison up to the time remaining on his maximum imposed term.
(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-1370.7.
(4)	The prisoner is eligible to receive earned time credit against the maximum prison term as provided in G.S. 15A-1340(d) for time served in prison after the revocation.
(d)	Re-Release After Revocation of Post-Release Supervision. – A prisoner who has been reimprisoned prior to completing a post-release supervision period may again be released on post-release supervision by the Commission subject to the provisions which govern initial release.
(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 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.
"§ 15A-1370.5.  Conditions of post-release supervision. 
(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.  Compliance with reintegrative conditions may entitle a supervisee to earned time credits as described in G.S. 15A-1370.3(d).
(b)	Required Condition. – The Commission shall provide as an express condition of every release that the supervisee not commit another crime during the period for which the supervisee remains subject to revocation.  A supervisee's failure to comply with this controlling condition is a supervision violation for which the supervisee may face revocation as provided in G.S. 15A-1370.4.
(c)	Discretionary Conditions. – The Commission may in its discretion impose conditions on a supervisee it believes reasonably necessary to ensure that the supervisee will lead a law-abiding life or to assist the supervisee to do so.
(d)	Reintegrative Conditions. – Appropriate reintegrative conditions, for which a supervisee may receive earned time credits against the length of the supervision period, and repeated violation that may result in revocation of post-release supervision, are:
(1)	Work faithfully at suitable employment or faithfully pursue a course of study or vocational training that will equip the supervisee for suitable employment.
(2)	Undergo available medical or psychiatric treatment and remain in a specified institution if required for that purpose.
(3)	Attend or reside in a facility providing rehabilitation, instruction, recreation, or residence for persons on post-release supervision.
(4)	Support the supervisee's dependents and meet other family responsibilities.
(5)	In the case of a supervisee who attended a basic skills program during incarceration, continue attending a basic skills program in pursuit of a General Education Development Degree or adult high school diploma.
(6)	Satisfy other conditions reasonably related to reintegration into society.
(e)	Controlling Conditions. – Appropriate controlling conditions, violation of which may result in revocation of post-release supervision, are:
(1)	Not use, possess, or control any illegal drug or controlled substance unless it has been prescribed for the supervisee by a licensed physician and is in the original container with the prescription number affixed on it; not knowingly associate with any known or previously convicted users, possessors, or sellers of any such illegal drugs or controlled substances; and not knowingly be present at or frequent any place where such illegal drugs or controlled substances are sold, kept, or used.
(2)	Comply with a court order to pay the costs of reintegrative treatment for a minor and a minor's parents or custodians where the offense involved evidence of physical, mental, or sexual abuse of a minor.
(3)	Comply with a court order to pay court costs and costs for appointed counsel or public defender in the case for which the supervisee was convicted.
(4)	Not possess a firearm, destructive device, or other dangerous weapon unless granted written permission by the Commission or a post-release supervision officer.
(5)	Report to a post-release supervision officer at reasonable times and in a reasonable manner, as directed by the Commission or a post-release supervision officer.
(6)	Permit a post-release supervision officer to visit at reasonable times at the supervisee's home or elsewhere.
(7)	Remain within the geographic limits fixed by the Commission unless granted written permission to leave by the Commission or the post-release supervision officer.
(8)	Answer all reasonable inquiries by the post-release supervision officer and obtain prior approval from the post-release supervision officer for any change in address or employment.
(9)	Promptly notify the post-release supervision officer of any change in address or employment.
(10)	Submit at reasonable times to searches of the supervisee's person by a post-release supervision officer for purposes reasonably related to the post-release supervision.  The Commission shall not require as a condition of post-release supervision that the supervisee submit to any other searches that would otherwise be unlawful.  Whenever the search consists of testing for the presence of illegal drugs, the supervisee may also be required to reimburse the Department of Correction for the actual cost of drug testing and drug screening, if the results are positive.
(11)	Make restitution or reparation to an aggrieved party as provided in G.S. 148-57.1.
(12)	Comply with an order from a court of competent jurisdiction regarding the payment of an obligation of the supervisee in connection with any judgment rendered by the court.
(f)	Required Supervision Fee. – The Commission shall require as a condition of post-release supervision that the supervisee pay a supervision fee of twenty dollars ($20.00) per month.  The Commission may exempt a supervisee from this condition only if it finds that requiring payment of the fee is an undue economic burden.  The fee shall be paid to the clerk of superior court of the county in which the supervisee was convicted.  The clerk shall transmit any money collected pursuant to this subsection to the State to be deposited in the State's General Fund.  In no event shall a supervisee be required to pay more than one supervision fee per month.
"§ 15A-1370.6.  Commencement of post-release supervision; multiple sentences. 
A period of post-release supervision begins on the day the prisoner is released from imprisonment.  Periods of post-release supervision run concurrently with any federal or State prison, jail, probation, or parole terms to which the prisoner is subject during the period, only if the jurisdiction which sentenced the prisoner to prison, jail, probation, or parole permits concurrent crediting of supervision time.
"§ 15A-1370.7.  Arrest and hearing on post-release supervision violation. 
(a)	Arrest for Violation of Post-Release Supervision. – A supervisee is subject to arrest by a law enforcement officer or a post-release supervision officer for violation of conditions of post-release supervision only upon issuance of an order of temporary or conditional revocation of post-release supervision by the Commission.  However, a post-release supervision revocation hearing under subsection (e) of this section may be held without first arresting the supervisee.
(b)	When and Where Preliminary Hearing on Post-Release Supervision Violation Required. – Unless the hearing required by subsection (e) of this section is first held or the supervisee waives the hearing or a continuance is requested by the supervisee, a preliminary hearing on supervision violation shall be held reasonably near the place of the alleged violation or arrest and within seven working days of the arrest of a supervisee to determine whether there is probable cause to believe that the supervisee violated a condition of post-release supervision.  Otherwise, the supervisee shall be released seven working days after arrest to continue on supervision pending a hearing.  If the supervisee is not within the State, the preliminary hearing is as prescribed by G.S. 148-65.1A.
(c)	Officers to Conduct Preliminary Hearing. – The preliminary hearing on post-release supervision violation shall be conducted by a judicial official, or by a hearing officer designated by the Commission.  A person employed by the Department of Correction shall not serve as a hearing officer at a hearing provided by this section unless that person is a member of the Commission, or is employed solely as a hearing officer.
(d)	Procedure for Preliminary Hearing. – The Department of Correction shall give the supervisee notice of the preliminary hearing and its purpose, including a statement of the violations alleged.  At the hearing, the supervisee may appear and speak in the supervisee's own behalf, may present relevant information, and may, on request, personally question witnesses and adverse informants, unless the hearing officer finds good cause for not allowing confrontation.  If the person holding the hearing determines there is probable cause to believe the supervisee violated conditions of supervision, the hearing officer shall summarize the reasons for the determination and the evidence relied on.  Formal rules of evidence do not apply at the hearing.  If probable cause is found, the supervisee may be held in the custody of the Department of Correction to serve the appropriate term of imprisonment, subject to the outcome of a revocation hearing under subsection (e) of this section.
(e)	Revocation Hearing. – Before finally revoking post-release supervision, the Commission shall, unless the supervisee waived the hearing or the time limit, provide a hearing within 45 days of the supervisee's reconfinement to determine whether to revoke supervision finally.  The Commission shall adopt rules governing the hearing and shall file and publish them as provided in Article 5 of Chapter 150B of the General Statutes."
Sec. 21.  G.S. 15A-1370.1 reads as rewritten:
"§ 15A-1370.1.  Applicability of Article 85.
This Article is applicable to all prisoners serving sentences of imprisonment for convictions of impaired driving under G.S. 20-138.1 and prisoners serving sentences of life imprisonment. "
Sec. 22.  G.S. 15A-1371 reads as rewritten:
"§ 15A-1371.  Parole eligibility, consideration, and refusal.
(a)	Eligibility. – Unless his sentence includes a minimum sentence, a prisoner serving a term of imprisonment for a conviction of impaired driving under G.S. 20-138.1 other than one included in a sentence of special probation imposed under authority of this Subchapter is eligible for release on parole at any time.  A prisoner whose sentence includes a minimum term of imprisonment imposed under authority of this Subchapter is eligible for release on parole only upon completion of the service of that minimum term or one fifth of the maximum penalty allowed by law for the offense for which the prisoner is sentenced, whichever is less, less any credit allowed under G.S. 15A-1355(c) and Article 19A of Chapter 15 of the General Statutes.  
(a1)	A prisoner serving a term of life imprisonment is eligible for parole after serving 25 years.  This subsection applies to offenses committed on and after January 1, 1995.
			(3)	Whenever the Post-Release Supervision and Parole Commission will be considering for parole a prisoner serving a sentence of life imprisonment the Commission must notify, at least 30 days in advance of considering the parole, by first class mail at the last known address:
a.	The prisoner;
b.	The district attorney of the district where the prisoner was convicted;
c.	The head of the law enforcement agency that arrested the prisoner, if the head of the agency has requested in writing that he be notified;
d.	Any of the victim's immediate family members who have requested in writing to be notified.
e.			The Post-Release Supervision and Parole Commission must consider any information provided by any such parties before consideration of parole.  The Commission must also give the district attorney, the head of the law enforcement agency who has requested in writing to be notified, the victim, or any member of the victim's immediate family who has requested to be notified, written notice of its decision within 10 days of that decision.
	(d)	Criteria. – The Post-Release Supervision and Parole Commission may refuse to release on parole a prisoner it is considering for parole if it believes:
(1)	There is a substantial risk that he will not conform to reasonable conditions of parole; or
(2)	His release at that time would unduly depreciate the seriousness of his crime or promote disrespect for law; or
(3)	His continued correctional treatment, medical care, or vocational or other training in the institution will substantially enhance his capacity to lead a law-abiding life if he is released at a later date; or
(4)	There is a substantial risk that he would engage in further criminal conduct.
(e)	Refusal of Parole. – A prisoner who has been granted parole may elect to refuse parole and to serve the remainder of his term of imprisonment.
				(g)	Notwithstanding the provisions of subsection (a), a prisoner serving a sentence of not less than 30 days nor as great as 18 months for impaired driving may be released on parole when he completes service of one-third of his maximum sentence unless the Post-Release Supervision and Parole Commission finds in writing that:
(1)	There is a substantial risk that he will not conform to reasonable conditions of parole; or
(2)	His release at that time would unduly depreciate the seriousness of his crime or promote disrespect for law; or
(3)	His continued correctional treatment, medical care, or vocational or other training in the institution will substantially enhance his capacity to lead a law-abiding life if he is released at a later date; or
(4)	There is a substantial risk that he would engage in further criminal conduct.
If a prisoner is released on parole by operation of this subsection, the term of parole is the unserved portion of the sentence to imprisonment, and the conditions of parole, unless otherwise specified by the Post-Release Supervision and Parole Commission, are those authorized in G.S. 15A-1374(b)(4) through (10).
In order that the Post-Release Supervision and Parole Commission may have an adequate opportunity to make a determination whether parole under this section should be denied, no prisoner eligible for parole under this  subsection shall be released from confinement prior to the fifth full working day after he shall have been placed in the custody of the Secretary of Correction or the custodian of a local confinement facility.
(h)	Community Service Parole. – Notwithstanding the provisions of any other subsection herein, prisoners serving sentences for impaired driving shall be eligible for community service parole, in the discretion of the Post-Release Supervision and 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 community service in an amount and over a period of time to be determined by the Post-Release Supervision and Parole Commission.  However, the total amount of community service shall not exceed an amount equal to 32 hours for each month of active service remaining in his minimum sentence.  The Post-Release Supervision and Parole Commission may grant early parole under this section without requiring the performance of community service if it determines that such performance is inappropriate to a particular case.
The probation/parole officer and the community service coordinator shall develop a program of community service for the parolee.  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 six months; and
(2)	Who, in the opinion of the Post-Release Supervision and 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.
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.
(i)	A fee of one hundred dollars ($100.00) shall be paid by all persons who participate in the Community Service Parole Program.  That fee must be paid to the clerk of court in the county in which the parolee is released.  The fee must be paid in full within two weeks unless the Post-Release Supervision and Parole Commission, upon a showing of hardship by the person, allows him additional time to pay the fee.  The parolee may not be required to pay the fee before he begins the community service unless the Post-Release Supervision and Parole Commission specifically orders that he do so.  Fees collected under this subsection shall be deposited in the General Fund.  The fee imposed under this section may be paid as prescribed by the supervising parole officer.
(j)	The Post-Release Supervision and Parole Commission may terminate a prisoner's community service parole before the expiration of the term of imprisonment where doing so will not endanger the public, unduly depreciate the seriousness of the crime, or promote disrespect for the law."
Sec. 23.  G.S. 15A-1372 reads as rewritten:
"§ 15A-1372.  Length and effect of parole term.
(a)	Term of Parole. – The term of parole for any person released from imprisonment may be no greater than:
(1)	One year for a conviction for impaired driving under G.S. 20-138.1; or
	(2)	Three years for a sentence of life imprisonment.
					(c)	Termination of Sentence. – When a parolee completes his period of parole, the sentence or sentences from which he was paroled are terminated.
				."
Sec. 24.  Article 85A of Chapter 15A of the General Statutes is repealed.
Sec. 25.  G.S. 15A-1415(b) reads as rewritten:
"(b)	The following are the only grounds which the defendant may assert by a motion for appropriate relief made more than 10 days after entry of judgment:
(1)	The acts charged in the criminal pleading did not at the time they were committed constitute a violation of criminal law.
(2)	The trial court lacked jurisdiction over the person of the defendant or over the subject matter.
(3)	The conviction was obtained in violation of the Constitution of the United States or the Constitution of North Carolina.
(4)	The defendant was convicted or sentenced under a statute that was in violation of the Constitution of the United States or the Constitution of North Carolina.
(5)	The conduct for which the defendant was prosecuted was protected by the Constitution of the United States or the Constitution of North Carolina.
(6)	Evidence is available which was unknown or unavailable to the defendant at the time of the trial, which could not with due diligence have been discovered or made available at that time, and which has a direct and material bearing upon the guilt or innocence of the defendant.
(7)	There has been a significant change in law, either substantive or procedural, applied in the proceedings leading to the defendant's conviction or sentence, and retroactive application of the changed legal standard is required.
(8)	The sentence imposed was unauthorized at the time imposed, contained a type of sentence disposition or a term of imprisonment not authorized for the particular class of offense and prior record or conviction level was illegally imposed, or is otherwise invalid as a matter of law.  However, a motion for appropriate relief on the grounds that the sentence imposed on the defendant is not supported by evidence introduced at the trial and sentencing hearing must be made before the sentencing judge.
(9)	The defendant is in confinement and is entitled to release because his sentence has been fully served."
Sec. 26.  G.S. 15A-1442 is amended by adding a new subdivision to read:
"(5b)	Violation of Sentencing Structure. – The sentence imposed:
a.	Results from an incorrect finding of the defendant's prior record level under G.S. 15A-1340.14 or the defendant's prior conviction level under G.S. 15A-1340.21;
b.	Contains a type of sentence disposition that is not authorized by G.S. 15A-1340.17 or G.S. 15A-1340.23 for the defendant's class of offense and prior record or conviction level; or
c.	Contains a term of imprisonment that is for a duration not authorized by G.S. 15A-1340.17 or G.S. 15A-1340.23 for the defendant's class or offense and prior record or conviction level."
Sec. 27.  G.S. 15A-1444 reads as rewritten:
"§ 15A-1444.  When defendant may appeal; certiorari.
(a)	A defendant who has entered a plea of not guilty to a criminal charge, and who has been found guilty of a crime, is entitled to appeal as a matter of right when final judgment has been entered.
(a1)	A defendant who has been found guilty, or entered a plea of guilty or no contest to a felony, is entitled to appeal as a matter of right the issue of whether his or her sentence is supported by evidence introduced at the trial and sentencing hearing only if the minimum sentence of imprisonment does not fall within the presumptive range for the defendant's prior record or conviction level and class of offense. Otherwise, the defendant is not entitled to appeal this issue as a matter of right but may petition the appellate division for review of this issue by writ of certiorari.
(a2)	A defendant who has entered a plea of guilty or no contest to a felony or misdemeanor in superior court is entitled to appeal as a matter of right the issue of whether the sentence imposed:
(1)	Results from an incorrect finding of the defendant's prior record level under G.S. 15A-1340.14 or the defendant's prior conviction level under G.S. 15A-1340.21;
(2)	Contains a type of sentence disposition that is not authorized by G.S. 15A-1340.17 or G.S. 15A-1340.23 for the defendant's class of offense and prior record or conviction level; or
(3)	Contains a term of imprisonment that is for a duration not authorized by G.S. 15A-1340.17 or G.S. 15A-1340.23 for the defendant's class of offense and prior record or conviction level.
(b)	Procedures for appeal from the magistrate to the district court are as provided in Article 90, Appeals from Magistrates and from District Court Judges.
(c)	Procedures for appeal from the district court to the superior court are as provided in Article 90, Appeals from Magistrates and from District Court Judges.
(d)	Procedures for appeal to the appellate division are as provided in this Article, the rules of the appellate division, and Chapter 7A of the General Statutes.  The appeal must be perfected and conducted in accordance with the requirements of those provisions.
(e)	Except as provided in subsection (a1) of this section and G.S.  15A-979, and except when a motion to withdraw a plea of guilty or no contest has been denied, the defendant is not entitled to appellate review as a matter of right when he has entered a plea of guilty or no contest to a criminal charge in the superior court, but he may petition the appellate division for review by writ of certiorari.  If an indigent defendant petitions the appellate division for a writ of certiorari, the presiding superior court judge may in his discretion order the preparation of the record and transcript of the proceedings  at the expense of the State.
(f)	The ruling of the court upon a motion for appropriate relief is subject to review upon appeal or by writ of certiorari as provided in G.S. 15A-1422.
(g)	Review by writ of certiorari is available when provided for by this Chapter, by other rules of law, or by rule of the appellate division."
Sec. 28.  G.S. 15A-1445(a) is amended by adding a new subdivision to read as follows:
"(3)	When the State alleges that the sentence imposed:
a.	Results from an incorrect determination of the defendant's prior record level under G.S. 15A-1340.14 or the defendant's prior conviction level under G.S. 15A-1340.21;
b.	Contains a type of sentence disposition that is not authorized by G.S. 15A-1340.17 or G.S. 15A-1340.23 for the defendant's class of offense and prior record or conviction level; or
c.	Contains a term of imprisonment that is for a duration not authorized by G.S. 15A-1340.17 or G.S. 15A-1340.23 for the defendant's class of offense and prior record or conviction level.
d.	Imposes an intermediate punishment pursuant to G.S. 15A-1340.13(g) based on findings of extraordinary mitigating circumstances that are not supported by evidence or are insufficient as a matter of law to support the dispositional deviation."
Sec. 29.  G.S. 15A-2002 reads as rewritten:
"§ 15A-2002.  Capital offenses; jury verdict and sentence.
If the recommendation of the jury is that the defendant be sentenced to death, the judge shall impose a sentence of death in accordance with the provisions of Chapter 15, Article 19 of the General Statutes.  If the recommendation of the jury is that the defendant be imprisoned for life in the State's prison, the judge shall impose a sentence of imprisonment for life in the State's prison.
The judge shall instruct the jury, in words substantially equivalent to those of this section, that a sentence of life imprisonment means a sentence of life with eligibility for parole consideration after 25 years."
Sec. 30.  G.S. 90-95 reads as rewritten:
"§ 90-95.  Violations; penalties.
(a)	Except as authorized by this Article, it is unlawful for any person:
(1)	To manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance;
(2)	To create, sell or deliver, or possess with intent to sell or deliver, a counterfeit controlled substance;
(3)	To possess a controlled substance.
(b)	Except as provided in subsections (h) and (i) of this section, any person who violates G.S. 90-95(a)(1) with respect to:
(1)	A controlled substance classified in Schedule I or II shall be punished as a Class H felon;
(2)	A controlled substance classified in Schedule III, IV, V, or VI shall be punished as a Class I felon, but the transfer of less than 5 grams of marijuana for no remuneration shall not constitute a delivery in violation of G.S. 90-95(a)(1).
(c)	Any person who violates G.S. 90-95(a)(2) shall be punished as a Class I felon.
(d)	Except as provided in subsections (h) and (i) of this section, any person who violates G.S. 90-95(a)(3) with respect to:
(1)	A controlled substance classified in Schedule I shall be punished as a Class I felon;
(2)	A controlled substance classified in Schedule II, III, or IV shall be guilty of a Class 1 misdemeanor.  If the controlled substance exceeds four tablets, capsules, or other dosage units or equivalent quantity of hydromorphone or if the quantity of the controlled substance, or combination of the controlled substances, exceeds one hundred tablets, capsules or other dosage units, or equivalent quantity, the violation shall be punishable as a Class I felony.  If the controlled substance is phencyclidine, or cocaine and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof, or coca leaves and any salt, isomer, salts of isomers, compound, derivative, or preparation of coca leaves, or any salt, isomer, salts of isomers, compound, derivative or preparation thereof which is chemically equivalent or identical with any of these substances (except decocanized coca leaves or any extraction of coca leaves which does not contain cocaine or ecgonine), the violation shall be punishable as a Class I felony.
(3)	A controlled substance classified in Schedule V shall be guilty of a Class 2 misdemeanor;
(4)	A controlled substance classified in Schedule VI shall be guilty of a Class 3 misdemeanor, but any sentence of imprisonment imposed must be suspended and the judge may not require at the time of sentencing that the defendant serve a period of imprisonment as a special condition of probation.  If the quantity of the controlled substance exceeds one-half of an ounce (avoirdupois) of marijuana or one-twentieth of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known as hashish, the violation shall be punishable as a Class 1 misdemeanor.  If the quantity of the controlled substance exceeds one and one-half ounces (avoirdupois) of marijuana or three-twentieths of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known as hashish, or if the controlled substance consists of any quantity of synthetic tetrahydrocannabinols or tetrahydrocannabinols isolated from the resin of marijuana, the violation shall be punishable as a Class I felony.
(d1)	Except as authorized by this Article, it is unlawful for any person to:
(1)	Possess an immediate precursor chemical with intent to manufacture a controlled substance; or
(2)	Possess or distribute an immediate precursor chemical knowing, or having reasonable cause to believe, that the immediate precursor chemical will be used to manufacture a controlled substance.
Any person who violates this subsection shall be punished as a Class H felon.
(d2)	The immediate precursor chemicals to which subsection (d1) of this section applies are those immediate precursor chemicals designated by the Commission pursuant to its authority under G.S. 90-88, and the following (until otherwise specified by the Commission):
(1)	Anthranilic acid.
(2)	Benzyl cyanide.
(3)	Chloroephedrine.
(4)	Chloropseudoephedrine.
(5)	D-lysergic acid.
(6)	Ephedrine.
(7)	Ergonovine maleate.
(8)	Ergotamine tartrate.
(9)	Ethyl Malonate.
(10)	Ethylamine.
(11)	Isosafrole.
(12)	Malonic acid.
(13)	Methylamine.
(14)	N-acetylanthranilic acid.
(15)	N-ethylephedrine.
(16)	N-ethylepseudoephedrine.
(17)	N-methylephedrine.
(18)	N-methylpseudoephedrine.
(19)	Norpseudoephedrine.
(20)	Phenyl-2-propane.
(21)	Phenylacetic acid.
(22)	Phenylpropanolamine.
(23)	Piperidine.
(24)	Piperonal.
(25)	Propionic anhydride.
(26)	Pseudoephedrine.
(27)	Pyrrolidine.
(28)	Safrole.
(29)	Thionylchloride.
(e)	The prescribed punishment and degree of any offense under this Article shall be subject to the following conditions, but the punishment for an offense may be increased only by the maximum authorized under any one of the applicable conditions:
(1),(2)	Repealed by Session Laws 1979, c. 760, s. 5.
(3)	If any person commits a Class 1 misdemeanor under this Article and if he has previously been convicted for one or more offenses under any law of North Carolina or any law of the United States or any other state, which offenses are punishable under any provision of this Article, he shall be punished as a Class I felon.  The prior conviction used to raise the current offense to a Class I felony shall not be used to calculate the prior record level;
(4)	If any person commits a Class 2 misdemeanor, and if he has previously been convicted for one or more offenses under any law of North Carolina or any law of the United States or any other state, which offenses are punishable under any provision of this Article, he shall be guilty of a Class 1 misdemeanor.  The prior conviction used to raise the current offense to a Class 1 misdemeanor shall not be used to calculate the prior conviction level;
(5)	Any person 18 years of age or over who violates G.S. 90-95(a)(1) by selling or delivering a controlled substance to a person under 16 years of age or a pregnant female shall be punished as a Class E felon.  Mistake of age is not a defense to a prosecution under this section.  It shall not be a defense that the defendant did not know that the recipient was pregnant;
(6)	For the purpose of increasing punishment under G.S. 90-95(e)(3) and (e)(4), previous convictions for offenses shall be counted by the number of separate trials at which final convictions were obtained and not by the number of charges at a single trial;
(7)	If any person commits an offense under this Article for which the prescribed punishment requires that any sentence of imprisonment be suspended, and if he has previously been convicted for one or more offenses under any law of North Carolina or any law of the United States or any other state, which offenses are punishable under any provision of this Article, he shall be guilty of a Class 2 misdemeanor;
(8)	Any person 21 years of age or older who commits an offense under G.S. 90-95(a)(1) on property used for an elementary or secondary school or within 300 feet of the boundary of real property used for an elementary or secondary school shall be punished as a Class E felon.  For purposes of this subdivision, the transfer of less than five grams of marijuana for no remuneration shall not constitute a delivery in violation of G.S. 90-95(a)(1).  
(9)	Any person who violates G.S. 90-95(a)(3) on the premises of a penal institution or local confinement facility shall be guilty of a Class I felony.  
(f)	Any person convicted of an offense or offenses under this Article who is sentenced to an active term of imprisonment that is less than the maximum active term that could have been imposed may, in addition, be sentenced to a term of special probation.  Except as indicated in this subsection, the administration of special probation shall be the same as probation.  The conditions of special probation shall be fixed in the same manner as probation, and the conditions may include requirements for rehabilitation treatment.  Special probation shall follow the active sentence.  No term of special probation shall exceed five years.  Special probation may be revoked in the same manner as probation; upon revocation, the original term of imprisonment may be increased by no more than the difference between the active term of imprisonment actually served and the maximum active term that could have been imposed at trial for the offense or offenses for which the person was convicted, and the resulting term of imprisonment need not be diminished by the time spent on special probation.  
(g)	Whenever matter is submitted to the North Carolina State Bureau of Investigation Laboratory, the Charlotte, North Carolina, Police Department Laboratory or to the Toxicology Laboratory, Reynolds Health Center, Winston-Salem for chemical analysis to determine if the matter is or contains a controlled substance, the report of that analysis certified to upon a form approved by the Attorney General by the person performing the analysis shall be admissible without further authentication in all proceedings in the district court division of the General Court of Justice as evidence of the identity, nature, and quantity of the matter analyzed.
(h)	Notwithstanding any other provision of law, the following provisions apply except as otherwise provided in this Article.
(1)	Any person who sells, manufactures, delivers, transports, or possesses in excess of 50 pounds (avoirdupois) of marijuana shall be guilty of a felony which felony shall be known as 'trafficking in marijuana' and if the quantity of such substance involved:
a.	Is in excess of 50 pounds, but less than 100 pounds, such person shall be punished as a Class H felon and shall be sentenced to a minimum term of 25 months and a maximum term of 30 months in the State's prison and shall be fined not less than five thousand dollars ($5,000);
b.	Is 100 pounds or more, but less than 2,000 pounds, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 35 months and a maximum term of 42 months in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000);
c.	Is 2,000 pounds or more, but less than 10,000 pounds, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
d.	Is 10,000 pounds or more, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 219 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(2)	Any person who sells, manufactures, delivers, transports, or possesses 1,000 tablets, capsules or other dosage units, or the equivalent quantity, or more of methaqualone, or any mixture containing such substance, shall be guilty of a felony which felony shall be known as 'trafficking in methaqualone' and if the quantity of such substance or mixture involved:
a.	Is 1,000 or more dosage units, or equivalent quantity, but less than 5,000 dosage units, or equivalent quantity, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 35 months and a maximum term of 42 months in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000);
b.	Is 5,000 or more dosage units, or equivalent quantity, but less than 10,000 dosage units, or equivalent quantity, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
c.	Is 10,000 or more dosage units, or equivalent quantity, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 219 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(3)	Any person who sells, manufactures, delivers, transports, or possesses 28 grams or more of cocaine and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof, or any coca leaves and any salt, isomer, salts of isomers, compound, derivative, or preparation of coca leaves, and any salt, isomer, salts of isomers, compound, derivative or preparation thereof which is chemically equivalent or identical with any of these substances (except decocanized coca leaves or any extraction of coca leaves which does not contain cocaine) or any mixture containing such substances, shall be guilty of a felony, which felony shall be known as 'trafficking in cocaine' and if the quantity of such substance or mixture involved:
a.	Is 28 grams or more, but less than 200 grams, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 35 months and a maximum term of 42 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
b.	Is 200 grams or more, but less than 400 grams, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than one hundred thousand dollars ($100,000);
c.	Is 400 grams or more, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 219 months in the State's prison and shall be fined at least two hundred fifty thousand dollars ($250,000).
(3a)	Any person who sells, manufactures, delivers, transports, or possesses 1,000 tablets, capsules or other dosage units, or the equivalent quantity, or more of amphetamine, its salts, optical isomers, and salts of its optical isomers or any mixture containing such substance, shall be guilty of a felony which felony shall be known as 'trafficking in amphetamine' and if the quantity of such substance or mixture involved:
a.	Is 1,000 or more dosage units, or equivalent quantity, but less than 5,000 dosage units, or equivalent quantity, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 35 months and a maximum term of 42 months in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000);
b.	Is 5,000 or more dosage units, or equivalent quantity, but less than 10,000 dosage units, or equivalent quantity, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
c.	Is 10,000 or more dosage units, or equivalent quantity, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 219 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(3b)	Any person who sells, manufactures, delivers, transports, or possesses 28 grams or more of methamphetamine shall be guilty of a felony which felony shall be known as 'trafficking in methamphetamine' and if the quantity of such substance or mixture involved:
a.	Is 28 grams or more, but less than 200 grams, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 35 months and a maximum term of 42 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
b.	Is 200 grams or more, but less than 400 grams, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than one hundred thousand dollars ($100,000);
c.	Is 400 grams or more, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 219 months in the State's prison and shall be fined at least two hundred fifty thousand dollars ($250,000).
(4)	Any person who sells, manufactures, delivers, transports, or possesses four grams or more of opium or opiate, or any salt, compound, derivative, or preparation of opium or opiate (except apomorphine, nalbuphine, analoxone and naltrexone and their respective salts), including heroin, or any mixture containing such substance, shall be guilty of a felony which felony shall be known as 'trafficking in opium or heroin' and if the quantity of such controlled substance or mixture involved:
a.	Is four grams or more, but less than 14 grams, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
b.	Is 14 grams or more, but less than 28 grams, such person shall be punished as a Class E felon and shall be sentenced to a minimum term of 90 months and a maximum term of 120 months in the State's prison and shall be fined not less than one hundred thousand dollars ($100,000);
c.	Is 28 grams or more, such person shall be punished as a Class C felon and shall be sentenced to a minimum term of 225 months and a maximum term of 279 months in the State's prison and shall be fined not less than five hundred thousand dollars ($500,000).
(4a)	Any person who sells, manufactures, delivers, transports, or possesses 100 tablets, capsules, or other dosage units, or the equivalent quantity, or more, of Lysergic Acid Diethylamide, or any mixture containing such substance, shall be guilty of a felony, which felony shall be known as 'trafficking in Lysergic Acid Diethylamide'.  If the quantity of such substance or mixture involved:
a.	Is 100 or more dosage units, or equivalent quantity, but less than 500 dosage units, or equivalent quantity, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 35 months and a maximum term of 42 months in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000);
b.	Is 500 or more dosage units, or equivalent quantity, but less than 1,000 dosage units, or equivalent quantity, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
c.	Is 1,000 or more dosage units, or equivalent quantity, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 219 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(5)	Except as provided in this subdivision, a person being sentenced under this subsection may not receive a suspended sentence or be placed on probation.  The sentencing judge may reduce the fine, or impose a prison term less than the applicable minimum prison term provided by this subsection, or suspend the prison term imposed and place a person on probation when such person has, to the best of his knowledge, provided substantial assistance in the identification, arrest, or conviction of any accomplices, accessories, co-conspirators, or principals if the sentencing judge enters in the record a finding that the person to be sentenced has rendered such substantial assistance.
(6)	Sentences imposed pursuant to this subsection shall run consecutively with and shall commence at the expiration of any sentence being served by the person sentenced hereunder.
(i)	The penalties provided in subsection (h) of this section shall also apply to any person who is convicted of conspiracy to commit any of the offenses described in subsection (h) of this section."
Sec. 31.  G.S. 148-4.1 is amended by adding a new subsection to read:
"(h)	A person sentenced under Article 81B of Chapter 15A shall not be released pursuant to this section."
Sec. 32.  G.S. 148-13 reads as rewritten:
"§ 148-13.  Regulations as to custody grades, privileges, gain time credit, etc.
(a)	The Secretary of Correction may issue regulations regarding the grades of custody in which State prisoners are kept, the privileges and restrictions applicable to each custody grade, and the amount of cash, clothing, etc., to be awarded to State prisoners after their discharge or parole.  The amount of cash awarded to a prisoner upon discharge or parole after being incarcerated for two years or longer shall be at least forty-five dollars ($45.00).
(a1)	The Secretary of Correction shall adopt rules to specify the rates at, and circumstances under, which earned time authorized by G.S. 15A-1340.13(d) and G.S. 15A-1340.20(d) may be earned or forfeited by persons serving activated sentences of imprisonment for felony or misdemeanor convictions.
(b)	With respect to prisoners who are serving prison or jail terms for impaired driving offenses under G.S. 20-138.1, the Secretary of Correction may, in his discretion, issue regulations regarding deductions of time from the terms of such prisoners for good behavior, meritorious conduct, work or study, participation in rehabilitation programs, and the like.
					(e)	The Secretary's regulations concerning earned time credits authorized by this section shall be distributed to and followed by local jail administrators with regard to sentenced jail prisoners.
(f)	The provisions of this section do not apply to persons sentenced to a term of special probation under G.S. 15A-1344(e) or G.S. 15A-1351(a)."
Sec. 33.  G.S. 148-32.1 reads as rewritten:
"§ 148-32.1.  Local confinement, costs, alternate facilities, parole, work release.
(a)	The Department of Correction shall pay each local confinement facility a standard sum set by the General Assembly in its appropriation acts at a per day, per inmate rate, for the cost of providing food, clothing, personal items, supervision and necessary ordinary medical services to those inmates committed to the custody of the local confinement facility to serve sentences of 30 days or more.  This reimbursement shall not include any period of detention prior to actual commitment by the sentencing court.  The Department shall also pay to the local confinement facility extraordinary medical expenses incurred for the inmates, defined as follows:
(1)	Medical expenses incurred as a result of providing health care to an inmate as an inpatient (hospitalized);
(2)	Other medical expenses when the total cost exceeds thirty-five dollars ($35.00) per occurrence or illness as a result of providing health care to an inmate as an outpatient (nonhospitalized); and
(3)	Cost of replacement of eyeglasses and dental prosthetic devices if those eyeglasses or devices are broken while the inmate is incarcerated, provided the inmate was using the eyeglasses or devices at the time of his commitment and then only if prior written consent of the Department is obtained by the local facility.
(b)	In the event that the custodian of the local confinement facility certifies in writing to the clerk of the superior court in the county in which said local confinement facility is located that the local confinement facility is filled to capacity, or that the facility cannot reasonably accommodate any more prisoners due to segregation requirements for particular prisoners, or that the custodian anticipates, in light of local experiences, an influx of temporary prisoners at that time, or if the local confinement facility does not meet the minimum standards published pursuant to G.S. 153A-221, any judge of the district court in the district court district as defined in G.S. 7A-133 where the facility is located, or any superior court judge who has jurisdiction pursuant to G.S. 7A-47.1 or 7A-48 in a district or set of districts as defined in G.S. 7A-41.1 where the facility is located may order that the prisoner be transferred to any other qualified local confinement facility within that district or within another such district where space is available, including a satellite jail unit operated pursuant to G.S. 153A-230.3 if the prisoner is a non-violent misdemeanant, which local facility shall accept the transferred prisoner, if the prison population has exceeded the limits established in G.S. 148-4.1(d).  If no such local confinement facility is available, then any such judge may order the prisoner transferred to such camp or facility as the proper authorities of the Department of Correction shall designate, notwithstanding that the term of imprisonment of the prisoner is 180 days or less.  In no event, however, shall a prisoner whose term of imprisonment is less than 30 days be assigned or ordered transferred to any such camp or facility.
(c)	When a prisoner sentenced for a conviction of impaired driving under G.S. 20-138.1 is assigned to a local confinement facility pursuant to this section, the clerk of the superior court in the county in which the sentence was imposed shall immediately forward a copy of the commitment order to the Post-Release Supervision and Parole Commission so that the prisoner will be eligible for parole pursuant to G.S. 15A-1371.
(d)	When a prisoner serving a sentence of 30 days or more in a local confinement facility is placed on work release pursuant to a recommendation of the sentencing court, the custodian of the facility shall forward the prisoner's work-release earnings to the Department of Correction, which shall disburse the earnings as determined under G.S. 148-33.1(f).  When a prisoner serving a sentence of 30 days or more in a local confinement facility is placed on work release pursuant to an order of the sentencing court, the custodian of the facility shall forward the prisoner's work-release earnings to the clerk of the court that sentenced the prisoner or to the Department of Correction, as provided in the prisoner's commitment order.  The clerk or the Department, as appropriate, shall disburse the earnings as provided in the prisoner's commitment order.  Upon agreement between the Department of Correction and the custodian of the local confinement facility, however, the clerk may disburse to the local confinement facility the amount of the earnings to be paid for the cost of the prisoner's keep, and that amount shall be set off against the reimbursement to be paid by the Department to the local confinement facility pursuant to G.S. 148-32.1(a).
(e)	Upon entry of a prisoner serving a sentence of imprisonment for impaired driving under G.S. 20-138.1 into a local confinement facility pursuant to this section, the custodian of the local confinement facility shall forward to the Post-Release Supervision and Parole Commission information pertaining to the prisoner so as to make him eligible for parole consideration pursuant to G.S. 15A-1371.  Such information shall include date of incarceration, jail credit, and such other information as may be required by the Post-Release Supervision and Parole Commission.  The Post-Release Supervision and Parole Commission shall approve a form upon which the custodian shall furnish this information, which form will be provided to the custodian by the Department of Correction."
Sec. 34.  Article 3B of Chapter 148 of the General Statutes, Facilities and Programs for Youthful Offenders, is repealed.
Sec. 35.  G.S. 7A-273(1) reads as rewritten:
"(1)	In infraction cases, in which the maximum penalty that can be imposed is not more than fifty dollars ($50.00), exclusive of costs, or in Class 3 misdemeanors other than the types of offenses specified in subdivision (2) of this section, to accept guilty pleas or admissions of responsibility and enter judgment;".
Sec. 36.  G.S. 162-60 reads as rewritten:
"§ 162-60.  Reduction in sentence allowed for work.
In addition to any earned time credit a prisoner may be awarded under G.S. 15A-1340.20, a prisoner who has faithfully performed the duties assigned to him pursuant to G.S. 162-58 is entitled to a reduction in his sentence of four days for each 30 days of work performed.  The person having custody of the prisoner, as defined in G.S. 162-59, shall be the sole judge as to whether the prisoner has faithfully performed his duties.  A prisoner who escapes or attempts to escape while performing work pursuant to G.S. 162-58 shall forfeit any reduction in sentence that he would have been entitled to under this section."
Sec. 37.  G.S. 15A-1352 reads as rewritten:
"§ 15A-1352.  Commitment to Department of Correction or local confinement facility.
(a)	A person sentenced to imprisonment for a misdemeanor under this Article or for nonpayment of a fine under Article 84 of this Chapter shall be committed for the term designated by the court to the custody of the Department of Correction or to a local confinement facility.  If the sentence imposed for a misdemeanor is for a period of 90 days or less, the commitment must be to a facility other than one maintained by the Department of Correction, except as provided in G.S. 148-32.1(b).
If a person is sentenced to imprisonment for a misdemeanor under this Article or for nonpayment of a fine under Article 84 of this Chapter, the sentencing judge shall make a finding of fact as to whether the person would be suitable for placement in a county satellite jail/work release unit operated pursuant to G.S. 153A-230.3.  If the sentencing judge makes a finding of fact that the person would be suitable for placement in a county satellite jail/work release unit and the person meets the requirements listed in G.S. 153A-230.3(a)(1), then the custodian of the local confinement facility may transfer the misdemeanant to a county satellite jail/work release unit.
(b)	A person sentenced to imprisonment for a felony under this Article shall be committed for the term designated by the court to the custody of the Department of Correction; except that, upon request of the sheriff or the board of commissioners of a county, the presiding judge may, in his discretion, sentence the person to a local confinement facility in that county.
(c)	A person sentenced to imprisonment for nonpayment of a fine under Article 84, Fines, shall be committed for the term designated by the court:
(1)	To the custody of the Department of Correction if the person was fined for conviction of a felony;
(2)	To the custody of the Department of Correction or to a local confinement facility if the person was fined for conviction of a misdemeanor, provided that if the sentence imposed is for a period of 90 days or less, the commitment shall be to a facility other than one maintained by the Department of Correction, except as provided in G.S. 148-32.1(b).
(d)	Notwithstanding any other provision of law, when the sentencing court, with the consent of the person sentenced, orders that a person convicted of a misdemeanor be granted work release, the court may commit the person to a specific prison facility or local confinement facility or satellite jail/work release unit within the county of the sentencing court in order to facilitate the work release arrangement.  When appropriate to facilitate the work release arrangement, the sentencing court may, with the consent of the sheriff or board of commissioners, commit the person to a specific local confinement facility or satellite jail/work release unit in another county, or, with the consent of the Department of Correction, commit the person to a specific prison facility in another county.  The Department of Correction may transfer a prisoner committed to a specific prison facility to a different facility when necessary to alleviate overcrowding or for other administrative purposes."
Sec. 38.  G.S. 15A-1373 reads as rewritten:
"§ 15A-1373.  Incidents of parole.
(a)	Conditionality of Parole. – Unless terminated sooner as provided in subsection (b), parole remains conditional and subject to revocation.
(b)	Early Termination. – The Post-Release Supervision and Parole Commission may terminate a period of parole and discharge the parolee at any time after the expiration of one year of successful parole if warranted by the conduct of the parolee and the ends of justice.
(c)	Modification of Conditions. – The Post-Release Supervision and Parole Commission may for good cause shown modify the conditions of parole at any time prior to the expiration or termination of the period for which the parole remains conditional.
(d)	Effect of Violation. – If the parolee violates a condition at any time prior to the expiration or termination of the period, the Commission may continue him on the existing parole, with or without modifying the conditions, or, if continuation or modification is not appropriate, may revoke the parole as provided in G.S. 15A-1376 and reimprison the parolee for a term consistent with the following requirements:
(1)	The time the parolee was at liberty on parole and in compliance with all terms and conditions of that parole shall be credited on a day-for-day basis against the maximum term of imprisonment imposed by the court under G.S. 15A-1351, except that the parolee shall receive no credit for the last six months of his parole.
(2)	The prisoner must be given credit against the term of reimprisonment for all time spent in custody as a result of revocation proceedings under G.S. 15A-1376.
(e)	Re-parole. – A prisoner who has been reimprisoned following parole may be re-paroled by the Post-Release Supervision and Parole Commission subject to the provisions which govern initial parole.  In the event that a defendant serves the final six months of his maximum imprisonment as a result of being recommitted for violation of parole, he may not be required to serve a further period on parole.
(f)	Timing of Revocation. – The Post-Release Supervision and Parole Commission may revoke parole for violation of a condition during the period of parole.  The Commission also may revoke following the period of parole if:
(1)	Before the expiration of the period of parole, 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 parolee and conduct the hearing earlier."
Sec. 39.  G.S. 15A-1374(a) reads as rewritten:
"(a)	In General. – The Post-Release Supervision and Parole Commission may in its discretion impose conditions of parole it believes reasonably necessary to insure that the parolee will lead a law-abiding life or to assist him to do so.  The Commission must provide as an express condition of every parole that the parolee not commit another crime during the period for which the parole remains subject to revocation.  When the Commission releases a person on parole, it must give him a written statement of the conditions on which he is being released."
Sec. 40.  G.S. 15A-1376 reads as rewritten:
"§ 15A-1376.  Arrest and hearing on parole violation.
(a)	Arrest for Violation of Parole. – A parolee is subject to arrest by a law-enforcement officer or a parole officer for violation of conditions of parole only upon the issuance of an order of temporary or conditional revocation of parole by the Post-Release Supervision and Parole Commission.  However, a parole revocation hearing under subsection (e) may be held without first arresting the parolee.
(b)	When and Where Preliminary Hearing on Parole Violation Required. – Unless the hearing required by subsection (e) is first held or the parolee waives the hearing or a continuance is requested by the parolee, a preliminary hearing on parole violation must be held reasonably near the place of the alleged violation or arrest and within seven working days of the arrest of a parolee to determine whether there is probable cause to believe that he violated a condition of parole.  Otherwise, the parolee must be released seven working days after his arrest to continue on parole pending a hearing.  If the parolee is not within the State, his preliminary hearing is as prescribed by G.S. 148-65.1A.
(c)	Officers to Conduct Hearing. – The preliminary hearing on parole violation must be conducted by a judicial official, or by a hearing officer designated by the Post-Release Supervision and Parole Commission.  No person employed by the Department of Correction may serve as a hearing officer at a hearing provided in this section unless he is a member of the Post-Release Supervision and Parole Commission or is employed solely as a hearing officer.
(d)	Procedure for Preliminary Hearing on Parole Violation. – The Department of Correction must give the parolee notice of the preliminary hearing and its purpose, including a statement of the violations alleged.  At the hearing, the parolee may appear and speak in his own behalf, may present relevant information, and may, on request, personally question witnesses and adverse informants, unless the hearing officer finds good cause for not allowing confrontation.  If the person holding the hearing determines there is probable cause to believe the parolee violated his parole, he must summarize the reasons for his determination and the evidence he relied on.  Formal rules of evidence do not apply at the hearing.  If probable cause is found, the parolee may be held in the custody of the Department of Correction to serve the appropriate term of imprisonment, subject to the outcome of a revocation hearing under subsection (e).
(e)	Revocation Hearing. – Before finally revoking parole, the Post-Release Supervision and Parole Commission must, unless the parolee waived the hearing or the time limit, provide a hearing within 45 days of the parolee's reconfinement to determine whether to revoke parole finally.  The Post-Release Supervision and Parole Commission must adopt regulations governing the hearing and must file and publish them as provided in Article 5 of Chapter 150B of the General Statutes."
Sec. 41.  G.S. 143B-264 reads as rewritten:
"§ 143B-264.  Department of Correction – organization.
The Department of Correction shall be organized initially to include the Post-Release Supervision and Parole Commission, the Board of Correction, the Division of Prisons, the Division of Youth Development, the Division of Adult Probation and Parole, and such other divisions as may be established under the provisions of the Executive Organization Act of 1973.
The Department shall establish a Substance Abuse Program.  All substance abuse programs established or in existence shall be administered by the Department of Correction under the Substance Abuse Program."
Sec. 42.  G.S. 143B-266 reads as rewritten:
"§ 143B-266.  Post-Release Supervision and Parole Commission – creation, powers and duties.
(a)	There is hereby created a Post-Release Supervision and Parole Commission of the Department of Correction with the authority to grant paroles, including both regular and temporary paroles, to persons held by virtue of any final order or judgment of any court of this State as provided in Chapter 148 of the General Statutes and laws of the State of North Carolina, except that for persons sentenced under Article 81B of Chapter 15A of the General Statutes, only those sentenced to life imprisonment are eligible for parole.  The Commission shall also have authority to revoke, terminate, and suspend paroles of such persons (including persons placed on parole on or before the effective date of the Executive Organization Act of 1973) and to assist the Governor in exercising his authority in granting reprieves, commutations, and pardons, and shall perform such other services as may be required by the Governor in exercising his powers of executive clemency.  The Commission shall also have authority to revoke and terminate persons on post-release supervision, as provided in Article 84A of Chapter 15A of the General Statutes.
(b)	All releasing authority previously resting in the Commissioner and Commission of Correction with the exception of authority for extension of the limits of the place of confinement of a prisoner contained in G.S. 148-4 is hereby transferred to the Post-Release Supervision and Parole Commission.  Specifically, such releasing authority includes work release (G.S. 148-33.1), indeterminate-sentence release (G.S. 148-42), and release of youthful offenders (G.S. 148-49.8), provided the individual considered for work release or indeterminate-sentence release shall have been recommended for release by the Secretary of Correction or his designee.
(c)	The Commission is authorized and empowered to adopt such rules and regulations, not inconsistent with the laws of this State, in accordance with which prisoners eligible for parole consideration may have their cases reviewed and investigated and by which such proceedings may be initiated and considered.  All rules and regulations heretofore adopted by the Board of Paroles shall remain in full force and effect unless and until repealed or superseded by action of the Post-Release Supervision and Parole Commission.  All rules and regulations adopted by the Commission shall be enforced by the Department of Correction.
(d)	The Commission is authorized and empowered to impose as a condition of parole or post-release supervision that restitution or reparation be made by the prisoner in accordance with the provisions of G.S. 148-57.1.  The Commission is further authorized and empowered to make restitution or reparation a condition of work release in accordance with the provisions of G.S. 148-33.2."
Sec. 43.  G.S. 143B-267 reads as rewritten:
"§ 143B-267.  Post-Release Supervision and Parole Commission – members; selection; removal; chairman; compensation; quorum; services.
The Post-Release Supervision and Parole Commission shall consist of five full-time members.  The five full-time members shall be appointed by the Governor from persons whose recognized ability, training, experience, and character qualify them for service on the Commission.  The terms of office of the five members presently serving on the Commission shall expire on June 30, 1977.  Thereafter, the terms of office of persons appointed by the Governor as members of the Commission shall be for four years or until their successors are appointed and qualify.  Any appointment to fill a vacancy on the Commission created by the resignation, removal, death or disability of a full-time member shall  be for the balance of the unexpired term only.
The Governor shall have the authority to remove any member of the Commission from office for misfeasance, malfeasance or nonfeasance, pursuant to the provisions of G.S. 143B-13.  The Governor shall designate a full-time member of the Commission to serve as chairman of the Commission at the pleasure of the Governor.
With regard to the transaction of the business of the Commission the following procedure shall be followed: The chairman shall designate panels of two voting commission members and shall designate  a third commissioner to serve as an alternate member of a panel.  Insofar as practicable, the chairman shall assign the members to panels in such fashion that each commissioner sits a substantially equal number of times with each other commissioner.  Whenever any matter of business, such as the granting, denying, revoking or rescinding of parole, or the authorization of work-release privileges  to a prisoner, shall come before the Commission for consideration and action, the chairman shall refer such matter to a panel.  Action may be taken by concurring vote of the two sitting panel members.  If there is not a concurring vote of the two panel members, the matter will be referred to the alternate member who shall cast the deciding vote.  However, no person serving a sentence of life imprisonment shall be granted parole or work-release privileges except by majority vote of the full commission.
The full-time members of the Commission shall receive the salary fixed by the General Assembly in the Current Operations Appropriations Act and shall receive necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-6.
All clerical and other services required by the Commission shall be supplied by the Secretary of Correction."
Sec. 44.  G.S. 148-52.1 reads as rewritten:
"§ 148-52.1.  Prohibited political activities of member of Post-Release Supervision and Parole Commission.
No member of the Post-Release Supervision and Parole Commission shall be permitted to use his position to influence elections or the political action of any person, serve as a member of the campaign committee of any political party, interfere with or participate in the preparation for any election or the conduct thereof at the polling place, or be in any manner concerned in the demanding, soliciting or receiving of any assessments, subscriptions or contributions, whether voluntary or involuntary, to any political party.  Any Post-Release Supervision and Parole Commission member who shall violate any of the provisions of this section shall be subject to dismissal from office."
Sec. 45.  G.S. 148-53 reads as rewritten:
"§ 148-53.  Investigators and investigations of cases of prisoners.
For the purpose of investigating the cases of prisoners, the Department of Correction is hereby authorized and empowered to appoint an adequate staff of competent investigators, particularly qualified for such work, with such reasonable clerical assistance as may be required, who shall, under the rules and regulations duly adopted by the Post-Release Supervision and Parole Commission, investigate all cases designated by it, investigate cases of prisoners eligible for post-release supervision, and otherwise aid the Commission in passing upon the question of the parole and post-release supervision of prisoners, to the end that every prisoner in the custodial care of the State may receive full, fair, and just consideration."
Sec. 46.  G.S. 148-54 reads as rewritten:
"§ 148-54.  Parole and post-release supervision supervisors provided for; duties.
The Department of Correction is hereby authorized to appoint a sufficient number of competent parole and post-release supervision supervisors, who shall be particularly qualified for and adapted for the work required of them, and who shall under the direction of the Department of Correction, and under regulations prescribed by the Department of Correction after consultation with the Commission, exercise supervision and authority over paroled prisoners and persons on post-release supervision, assist paroled prisoners and persons on post-release supervision, and those who are to be paroled or released for post-release supervision in finding and retaining self-supporting employment, and to promote rehabilitation work with paroled and post-release supervised prisoners, to the end that they may become law-abiding citizens.  The supervisors shall also, under the direction of the Department of Correction, maintain frequent contact with paroled and post-release supervised prisoners and find out whether or not they are observing the conditions of their paroles or post-release supervision, and assist them in every possible way toward compliance with the conditions, and they shall perform such other duties in connection with paroled prisoners as the Department of Correction may require.  The number of supervisors may be increased by the Department of Correction as and when the number of paroled and post-release supervised prisoners to be supervised requires or justifies such increase."
Sec. 47.  G.S. 148-56 reads as rewritten:
"§ 148-56.  Assistance in supervision of parolees or post-release supervisees and preparation of case histories.
Upon request by the Post-Release Supervision and Parole Commission, the county directors of social services shall assist in the supervision of parolees and shall prepare and submit to the Post-Release Supervision and Parole Commission case histories or other information in connection with any case under consideration for parole or some form of executive clemency."
Sec. 48.  G.S. 148-57 reads as rewritten:
"§ 148-57.  Rules and regulations for parole consideration.
The Post-Release Supervision and Parole Commission is hereby authorized and empowered to set up and establish rules and regulations in accordance with which prisoners eligible for parole consideration may have their cases reviewed and by which such proceedings may be initiated and considered.  That the rules and regulations shall include but not be limited to, a plan whereby the Post-Release Supervision and Parole Commission of a prisoner to a plan approved by the Secretary of the Department of Correction."
Sec. 49.  G.S. 148-57.1 reads as rewritten:
"§ 148-57.1.  Restitution as a condition of parole or post-release supervision.
(a)	Repealed by Session Laws 1985, c. 474, s. 5.
(b)	As a rehabilitative measure, the Post-Release Supervision and Parole Commission is authorized to require a prisoner to whom parole or post-release supervision is granted to make restitution or reparation to an aggrieved party as a condition of parole or post-release supervision when the sentencing court recommends that restitution or reparation to an aggrieved party be made a condition of any parole or post-release supervision granted the defendant.  When imposing restitution as a condition and setting up a payment schedule for the restitution, the Post-Release Supervision and Parole Commission shall take into consideration the resources of the defendant, including all real and personal property owned by the defendant and the income derived from such property, his ability to earn, and his obligation to support dependents.  The Post-Release Supervision and Parole Commission shall not be bound by such recommendation, but if it elects not to implement the recommendation, it shall state in writing the reasons therefor, and shall forward the same to the sentencing court.
(c)	When an active sentence is imposed, the court shall consider whether, as a rehabilitative measure, it should recommend to the Post-Release Supervision and Parole Commission that restitution or reparation by the defendant be made a condition of any parole or post-release supervision granted the defendant.  If the court determines that restitution or reparation should not be recommended, it shall so indicate on the commitment.  If, however, the court determines that restitution or reparation should be recommended, the court shall make its recommendation a part of the order committing the defendant to custody.  The recommendation shall be in accordance with the applicable provisions of G.S. 15A-1343(d).  The Administrative Office of the Courts shall prepare and distribute forms which provide ample space to make restitution or reparation recommendations incident to commitments, which forms shall be conveniently structured to enable the sentencing court to make its recommendation.
If the offense is one in which there is evidence of physical, mental or sexual abuse of a minor, the court may order, as a condition of parole or post-release supervision, that the defendant pay the cost of any rehabilitative treatment for the minor.
(d)	The Post-Release Supervision and Parole Commission shall establish rules and regulations to  implement this section, which shall include adequate notice to the prisoner that the payment of restitution or reparation by the prisoner is being considered as a condition of any parole or post-release supervision granted the prisoner, and opportunity for the prisoner to be heard.  Such rules and regulations shall also provide additional methods whereby facts may be obtained to supplement the recommendation of the sentencing court."
Sec. 50.  G.S. 148-59 reads as rewritten:
"§ 148-59.  Duties of clerks of superior courts as to commitments; statements filed with Department of Correction.
The several clerks of the superior courts shall attach to the commitment of each prisoner sentenced in such courts a statement furnishing such information as the Post-Release Supervision and Parole Commission shall by regulations prescribe, which information shall contain, among other things, the following:
(1)	The court in which the prisoner was tried;
(2)	The name of the prisoner and of all codefendants;
(3)	The date or session when the prisoner was tried;
(4)	The offense with which the prisoner was charged and the offense for which convicted;
(5)	The judgment of the court and the date of the beginning of the sentence;
(6)	The name and address of the presiding judge;
(7)	The name and address of the prosecuting solicitor;
(8)	The name and address of private prosecuting attorney, if any;
(9)	The name and address of the arresting officer; and
(10)	All available information of the previous criminal record of the prisoner.
The prison authorities receiving the prisoner for the beginning of the service of sentence shall detach from the commitment the statement furnishing such information and forward it to the Department of Correction, together with any additional information in the possession of such prison authorities relating to the previous criminal record of such prisoner, and the information thus furnished shall constitute the foundation and file of the prisoner's case.  Forms for furnishing the information required by this section shall, upon request, be furnished to the said clerks by the State Department of Correction without charge."
Sec. 51.  G.S. 148-60.1 reads as rewritten:
"§ 148-60.1.  Allowances for paroled prisoner and prisoner on post-release supervision.
Upon the release of any prisoner upon parole or post-release supervision, the superintendent or warden of the institution shall provide the prisoner with suitable clothing and, if needed, an amount of money sufficient to purchase transportation to the place within the State where the prisoner is to reside.  The Post-Release Supervision and Parole Commission may, in its discretion, provide that the prisoner shall upon his release on parole or post-release supervision receive a sum of money of at least forty-five dollars ($45.00)."
Sec. 52.  G.S. 148-62.1 reads as rewritten:
"§ 148-62.1.  Entitlement of indigent parolee and post-release supervisee to counsel, in discretion of Post-Release Supervision and Parole Commission.
Any parolee or post-release supervisee who is an indigent under the terms of G.S. 7A-450(a)	may be determined entitled, in the discretion of the Post-Release Supervision and Parole Commission, to the services of counsel at State expense at a parole revocation hearing at which either:
(1)	The parolee or post-release supervisee claims not to have committed the alleged violation of the parole or post-release supervision conditions; or
(2)	The parolee or post-release supervisee claims there are substantial reasons which justified or mitigated the violation and make revocation inappropriate, even if the violation is a matter of public record or is uncontested, and that the reasons are complex or otherwise difficult to develop or present; or
(3)	The parolee or post-release supervisee is incapable of speaking effectively for himself; and where the Commission feels, on a case by case basis, that such appointment in accordance with either (1), (2) or (3) above is necessary for fundamental fairness."
Sec. 53.  G.S. 148-63 reads as rewritten:
"§ 148-63.  Arrest powers of police officers.
Any officer who is authorized to make arrests of fugitives from justice shall have full authority and power to arrest any parolee whose parole has been revoked or any post-release supervisee who has been revoked."
Sec. 54.  G.S. 148-64 reads as rewritten:
"§ 148-64.  Cooperation of prison and parole officials and employees.
The officials and employees of the Department of Correction and the Post-Release Supervision and Parole Commission shall at all times cooperate with and furnish each other such information and assistance as will promote the purposes of this Chapter and the purposes for which these agencies were established.  The Commission shall have free access to all prisoners."
Sec. 55.  G.S. 148-65.3 reads as rewritten:
"§ 148-65.3.  North Carolina sentence to be served in another jurisdiction.
The Post-Release Supervision and Parole Commission, with the concurrence of the Secretary of Correction, may direct that the balance of any sentence imposed by the courts of this State shall be served concurrently with a sentence or sentences in another state or federal institution, and may effect a transfer of custody of such individual to the other jurisdiction for such purpose.  In the event the individual's sentence liability in the other jurisdiction terminates prior to the expiration of his North Carolina sentence, the individual shall be either paroled (if eligible) or returned to the prison department of this State, in the discretion of the Post-Release Supervision and Parole Commission."
Sec. 56.  This act becomes effective January 1, 1995, and applies only to offenses occurring on or after that date.  Prosecutions for, or sentences based on, offenses occurring before the effective date of this act are not abated or affected by the repeal or amendment in this act of any statute, and the statutes that would be applicable to those prosecutions or sentences but for the provisions of this act remain applicable to those prosecutions or sentences.
In the General Assembly read three times and ratified this the 24th day of July, 1993.

─────────────────── 
Dennis A. Wicker
President of the Senate

─────────────────── 
Daniel Blue, Jr.
Speaker of the House of Representatives