A BILL TO BE ENTITLED
AN ACT to amend the structured sentencing laws with regard to post‑release supervision.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 15A‑1340.11 is amended by adding a new subdivision to read:
"(6a)	Post-release supervision. – The time for which a sentenced prisoner is supervised in the community following the termination of the prisoner's maximum prison term, controlled by the rules and conditions of Article 84A of this Chapter."
SECTION 2.  G.S. 15A‑1340.13(b) reads as rewritten:
"(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. For Class B1, B2, C, D, and E felony offenses, the sentence shall include a period of post-release supervision pursuant to G.S. 15A-1340.18. The kinds of sentence dispositions are active punishment, intermediate punishment, and community punishment."
SECTION 3.  G.S. 15A‑1340.17 reads as rewritten:
"§ 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 and under G.S. 15A-1340.18. 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; "A" indicates that an active punishment is authorized; and "Life Imprisonment Without Parole" indicates that the defendant shall be imprisoned for the remainder of the prisoner's natural life.
(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 Without Parole or Death as Established by Statute
	A	A	A	A	A	A	DISPOSITION
	240‑300	288‑360	336‑420	384‑480	Life Imprisonment	Aggravated
	Without Parole
B1	192‑240	230‑288	269‑336	307‑384	346‑433	384‑480	PRESUMPTIVE
	144‑192	173‑230	202‑269	230‑307	260‑346	288‑384	Mitigated
	A	A	A	A	A	A	DISPOSITION
	157‑196	189‑237	220‑276	251‑313	282‑353	313‑392	Aggravated
B2	125‑157	151‑189	176‑220	201‑251	225‑282	251‑313	PRESUMPTIVE
	 94‑125	114‑151	132‑176	151‑201	169‑225	188‑251	Mitigated
	A	A	A	A	A	A	DISPOSITION 
	 73‑92	100‑125	116‑145	133‑167	151‑188	168‑210	Aggravated
C	 58‑73	80‑100	 93‑116	107‑133	121‑151	135‑168	PRESUMPTIVE
	 44‑58	 60‑80	 70‑93	80‑107	 90‑121	101‑135	Mitigated
	A	A	A	A	A	A	DISPOSITION
	 64‑80	 77‑95	103‑129	117‑146	133‑167	146‑183	Aggravated
D	 51‑64	 61‑77	 82‑103	 94‑117	107‑133	117‑146	PRESUMPTIVE
	 38‑51	46‑61	61‑82	 71‑94	80‑107	 88‑117	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
	13‑16	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/A	I/A	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 B1 Felonies Through Class I Felonies for Minimum Terms up to 346 Months. – 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 B1 through Class I felonies. The first figure in each cell in the table is the minimum term and the second is the maximum term.

3‑4	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	50-60
51-61	52-62	53-64	54-65	55-66	56-67	57-68	58-70
59-71	60-72	61-73	62-74	63-76	64-77	65-78	66-79
67-80	68-82	69-83	70-84	71-85	72-86	73-88	74-89
75-90	76-91	77-92	78-94	79-95	80-96	81-97	82-98
83-100	84-101	85-102	86-103	87-104	88-106	89-107	90-108
91-109	92-110	93-112	94-113	95-114	96-115	97-116	98-118
99-119	100-120	101-121	102-122	103-124	104-125	105-126	106-127
107-128	108-130	109-131	110-132	111-133	112-134	113-136	114-137
115-138	116-139	117-140	118-142	119-143	120-144	121-145	122-146
123-148	124-149	125-150	126-151	127-152	128-154	129-155	130-156
131-157	132-158	133-160	134-161	135-162	136-163	137-164	138-166
139-167	140-168	141-169	142-170	143-172	144-173	145-174	146-175
147-176	148-178	149-179	150-180	151-181	152-182	153-184	154-185
155-186	156-187	157-188	158-190	159-191	160-192	161-193	162-194
163-196	164-197	165-198	166-199	167-200	168-202	169-203	170-204
171-205	172-206	173-208	174-209	175-210	176-211	177-212	178-214
179-215	180-216	181-217	182-218	183-220	184-221	185-222	186-223
187-224	188-226	189-227	190-228	191-229	192-230	193-232	194-233
195-234	196-235	197-236	198-238	199-239	200-240	201-241	202-242
203-244	204-245	205-246	206-247	207-248	208-250	209-251	210-252
211-253	212-254	213-256	214-257	215-258	216-259	217-260	218-262
219-263	220-264	221-265	222-266	223-268	224-269	225-270	226-271
227-272	228-274	229-275	230-276	231-277	232-278	233-280	234-281
235-282	236-283	237-284	238-286	239-287	240-288	241-289	242-290
243-292	244-293	245-294	246-295	247-296	248-298	249-299	250-300
251-301	252-302	253-304	254-305	255-306	256-307	257-308	258-310
259-311	260-312	261-313	262-314	263-316	264-317	265-318	266-319
267-320	268-322	269-323	270-324	271-325	272-326	273-328	274-329
275-330	276-331	277-332	278-334	279-335	280-336	281-337	282-338
283-340	284-341	285-342	286-343	287-344	288-346	289-347	290-348
291-349	292-350	293-352	294-353	295-354	296-355	297-356	298-358
299-359	300-360	301-361	302-362	303-364	304-365	305-366	306-367
307-368	308-370	309-371	310-372	311-373	312-374	313-376	314-377
315-378	316-379	317-380	318-382	319-383	320-384	321-385	322-386
323-388	324-389	325-390	326-391	327-392	328-394	329-395	330-396
331-397	332-398	333-400	334-401	335-402	336-403	337-404	338-406
339-407	340-408	341-409	342-410	343-412	344-413	345-414	346-415

(e1)	Maximum Sentences Specified for Class B1 through Class I Felonies for Minimum Terms of 347  Months or More. – Unless provided otherwise in a statute establishing a punishment for a specific crime, when the minimum sentence is 347 months or more, the corresponding maximum term of imprisonment shall be equal to the sum of the minimum term of imprisonment and twenty percent (20%) of the minimum term of imprisonment, rounded to the next highest month."
SECTION 4.  Article 81B of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A-1340.18.  Post-release supervision.
(a)	Except as provided in subsection (b) of this section, the court must also impose a period of post-release supervision to follow the term of imprisonment and an additional term of imprisonment to be served upon revocation of the period of post‑release supervision on all offenders convicted of a Class B1, B2, C, D, or E felony offense. The period of supervision and the term of imprisonment are as follows:
(1)	Period of supervision. – The period of post-release supervision shall be nine months, unless the offense is a Class B1 through E offense for which registration is required pursuant to Article 27A of Chapter 14 of the General Statutes. For offenses subject to the registration requirement of Article 27A of Chapter 14 of the General Statutes, the period of post-release supervision is five years.
(2)	Term of imprisonment. – The term of imprisonment upon revocation of post-release supervision shall be for a minimum term of seven months and a maximum term of nine months.
(b)	If an offender is convicted of a Class B1, B2, C, D, or E felony offense and receives a sentence of imprisonment, then the court may decline to impose post-release supervision if it makes a finding of facts which indicates post-release supervision would not be necessary in that case. If an offender is convicted of a Class B1 felony offense and receives a sentence of life imprisonment without parole, then post-release supervision shall not be imposed.
(c)	If the court imposes an intermediate punishment on an offender who is required to receive post-release supervision under subsection (a) of this section, then the period of post-release supervision is suspended.
(d)	Provisions of Article 84A of this Chapter apply to judgments entered pursuant to this section."
SECTION 5.  G.S. 15A‑1342(c) reads as rewritten:
"(c)	Conditions; Suspended Sentence. – When the court places a convicted offender on probation, it must determine conditions of probation as provided in G.S. 15A‑1343. In addition, it must impose a suspended sentence of imprisonment, determined as provided in Article 83, Imprisonment, which may be activated upon violation of conditions of probation. Suspension of a term of imprisonment also suspends any period of post-release supervision that may be imposed for that offense."SECTION 6.  G.S. 15A‑1344(d) reads as rewritten:
"(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 and any period of post-release supervision 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."
SECTION 7.  G.S. 15A‑1354 reads as rewritten:
"§ 15A‑1354.  Concurrent and consecutive terms of imprisonment.
(a)	Authority of Court. – When multiple sentences of imprisonment are imposed on a person at the same time or when a term of imprisonment is imposed on a person who is already subject to an undischarged term of imprisonment, including a term of imprisonment in another jurisdiction, the sentences may run either concurrently or consecutively, as determined by the court. If not specified or not required by statute to run consecutively, sentences shall run concurrently.
(b)	Effect of Consecutive Terms. – In determining the effect of consecutive sentences imposed under authority of this Article and the manner in which they will be served, the Department of Correction must treat the defendant as though he has been committed for a single term with the following incidents:
(1)	The maximum prison sentence consists of the total of the maximum terms of the consecutive  sentences; and
(2)	The minimum term consists of the total of the minimum terms of the consecutive sentences.
(c)	Post-Release Supervision. – When multiple periods of post-release supervision are imposed on a person, either at the same time or in addition to existing periods of supervision, the periods of post-release supervision are consolidated to run as a single period and begin at the conclusion of all terms of imprisonment."
SECTION 8.  G.S. 15A‑1368(a) reads as rewritten:
"(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  supervised in the community following the termination of the prisoner's 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 or  judgments."
SECTION 9.  G.S. 15A‑1368.1 reads as rewritten:
"§ 15A‑1368.1.  Applicability of Article 84A.
This Article applies to all felons in Class B1 through Class E sentenced to an active punishment under Article 81B of this Chapter or G.S. 90-95(h), but does not apply to felons in Class B1 sentenced to life imprisonment without parole. Prisoners subject to Articles 85 and 85A of this Chapter are excluded from this Article's coverage."
SECTION 10.  G.S. 15A‑1368.2 reads as rewritten:
"§ 15A‑1368.2.  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 any earned time awarded by the Department of Correction or the custodian of a local confinement facility under G.S. 15A‑1340.13(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.
(b)	A prisoner shall not refuse post‑release supervision.
(c)	A supervisee's period of post‑release supervision shall be for a period of nine months, unless the offense is a Class B1 through E offense for which registration is required pursuant to Article 27A of Chapter 14 of the General Statutes. For offenses subject to the registration requirement of Article 27A of Chapter 14 of the General Statutes, the period of post‑release supervision is five years. The conditions of post‑release supervision are as authorized in G.S. 15A-1368.4.
(	
(e)	Repealed by Session Laws 1997‑237, s. 7.
(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."
SECTION 11.  G.S. 15A‑1368.3 reads as rewritten:
"§ 15A‑1368.3.  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‑1368.4, 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. If the supervisee violates a controlling condition described in G.S. 15A-1368.4(b), (b1), (e), or (e2), and if continuation or modification is not appropriate, the Commission may revoke post‑release supervision as provided in G.S. 15A‑1368.6 and reimprison the supervisee for a term consistent with the following requirements:
(1)	The supervisee will be returned to prison  for a minimum term of seven months and a maximum term of nine months.
(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‑1368.6.
(4)	The prisoner is eligible to receive earned time credit against the maximum prison term as provided in G.S. 15A‑1340.13(d) for time served in prison after the revocation.
(d)	No Re‑Release After Revocation of Post‑Release Supervision. – A prisoner who has been reimprisoned prior to completing a post‑release supervision period may not be released again on post‑release supervision by the Commission.
(e)	Timing of Revocation. – The Commission may revoke post‑release supervision for violation of a controlling condition during the period of supervision. The Commission may also revoke post‑release supervision 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."
SECTION 12.  G.S. 15A‑1368.4 reads as rewritten:
"§ 15A‑1368.4.  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.
(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‑1368.3.
(b1)	Additional Required Conditions for Sex Offenders and Persons Convicted of Offenses Involving Physical, Mental, or Sexual Abuse of a Minor. – In addition to the required condition set forth in subsection (b) of this section, for a supervisee who has been convicted of an offense which is a reportable conviction as defined in G.S. 14‑208.6(4), or which involves the physical, mental, or sexual abuse of a minor, controlling conditions, violations of which may result in revocation of post‑release supervision, are:
(1)	Register as required by G.S. 14‑208.7 if the offense is a reportable conviction as defined by G.S. 14‑208.6(4).
(2)	Participate in such evaluation and treatment as is necessary to complete a prescribed course of psychiatric, psychological, or other rehabilitative treatment as ordered by the Commission.
(3)	Not communicate with, be in the presence of, or found in or on the premises of the victim of the offense.
(4)	Not reside in a household with any minor child if the offense is one in which there is evidence of sexual abuse of a minor.
(5)	Not reside in a household with any minor child if the offense is one in which there is evidence of physical or mental abuse of a minor, unless the Post-Release Supervision and Parole Commission expressly finds that it is unlikely that the defendant's harmful or abusive conduct will recur and that it would be in the child's best interest to allow the supervisee to reside in the same household with a minor child.
(c)	Discretionary Conditions. – The Commission, in consultation with the Division of Community Corrections, may impose reintegrative or controlling 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 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.
(13)	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.
(14)	Submit to supervision by officers assigned to the Intensive Post‑Release Supervision Program established pursuant to G.S. 143B‑262(c), and abide by the rules adopted for that Program.
(e1)	Prohibited Conditions. – The Commission shall not impose community service as a condition of post‑release supervision.
(e2)	Additional Discretionary Controlling Conditions for Sex Offenders and Persons Convicted of Offenses Involving Physical, Mental, or Sexual Abuse of a Minor. – In addition to the discretionary conditions set forth in subsections (d) and (e) of this section, for a supervisee who has been convicted of an offense which is a reportable conviction as defined in G.S. 14-208.6(4), or which involves the physical, mental, or sexual abuse of a minor, appropriate discretionary controlling conditions, violations of which may result in revocation of post-release supervision, are that the offender:
(1)	Reside at a residence to be approved by the supervising officer.
(2)	Not have contact with the victim including, but not limited to, letters, phone calls, tapes, videos, computer, internet, or visits. This includes any form of direct contact, or any form of contact through a third party.
(3)	Not socialize or communicate with individuals under the age of 18 in work or social activities unless accompanied by a responsible adult who is aware of the abusive patterns and is approved in writing by the supervising officer.
(4)	Submit to psychological and psychophysiological assessment at the direction of the supervising officer to assist in treatment planning and case monitoring.
(5)	Participate in a sexual abuse treatment program approved by the supervising officer and complete the same to the full satisfaction of the treatment provider. Comply with all programs, including the polygraph examinations, to be used as a tool in conjunction with the treatment plan developed by the treatment provider. Program participation is defined as attendance at all meetings, prompt payment of fees, admission of responsibility for his or her offense, and progress toward reasonable treatment goals.
(6)	Pay for the victims' mental health counseling expenses that are incurred as a result of the crime or offense as ordered by the court.
(7)	Not possess any sexually stimulating or sexually oriented materials as deemed inappropriate by the supervising officer, nor patronize any place where such material or entertainment is the primary business.
(8)	Not use, possess, control, distribute, sell, exchange, or collect pornography or child erotica, including any obtained through internet access or telephonic communications.
(9)	Submit at reasonable times to warrantless searches and seizures by the supervising officer of his person, vehicle, premises, computer equipment, and telephone records while he is present for the purposes of detecting or discovering pornography and/or erotica, which are reasonably related to his supervision.
(10)	Not linger, loiter, nor spend time at locations where unsupervised persons under 18 years of age are present, including, but not limited to, parks, playgrounds, school yards, arcades, or places frequented by children, activities, and such similar places whose purpose is the care, entertainment, or education of such persons under 18 years of age.
(11)	Not work or volunteer for any business or organization that provides services to or employs persons under 18 years of age. This includes, but is not limited to, arcades, baby-sitting, daycare agencies, schools, churches, playgrounds, and youth sporting activities or groups. The supervising officer must approve employment.
(12)	Not associate with or have any contact with convicted sex offenders unless in a counseling group.
(13)	When given authorization to visit another jurisdiction, present a travel letter to the local police department, have it signed, and return it to the supervising officer.
(14)	Not purchase, possess, or consume alcoholic beverages or controlled substances. Submit to blood, breath, and urine testing for analysis for the presence of prohibited drugs or alcohol as requested by the supervising officer and pay any fees associated with testing.
(15)	Not be alone with any minor child below the age of 18 years unless approved by his or her supervising officer in writing.
(16)	Not engage in any sexual behavior with any minor child below the age of 18 years of age.
(17)	Abide by a curfew at the discretion of the supervising officer.
(f)	Required Supervision Fee. – The Commission shall require as a condition of post‑release supervision that the supervisee pay a supervision fee of thirty dollars ($30.00) 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."
SECTION 13.  G.S. 90‑95(h) reads as rewritten:
"(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 10 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 10 pounds, but less than 50 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 50 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 210 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 210 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 decocainized 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 210 months in the State's prison and shall be fined at least two hundred fifty thousand dollars ($250,000).
(3a)	Repealed by Session Laws 1999‑370, s. 1.
(3b)	Any person who sells, manufactures, delivers, transports, or possesses 28 grams or more of methamphetamine or amphetamine shall be guilty of a felony which felony shall be known as "trafficking in methamphetamine or amphetamine" 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 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 200 grams or more, but less than 400 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 108 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 C felon and shall be sentenced to a minimum term of 225 months and a maximum term of 270 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 108 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 270 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 210 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(4b)	Any person who sells, manufactures, delivers, transports, or possesses 100 or more tablets, capsules, or other dosage units, or 28 grams or more of 3,4‑methylenedioxyamphetamine (MDA), including its salts, isomers, and salts of isomers, or 3,4‑methylenedioxymethamphetamine (MDMA), including its salts, isomers, and salts of isomers, or any mixture containing such substances, shall be guilty of a felony, which felony shall be known as "trafficking in MDA/MDMA." If the quantity of the substance or mixture involved:
a.	Is 100 or more tablets, capsules, or other dosage units, but less than 500 tablets, capsules, or other dosage units, or 28 grams or more, but less than 200 grams, the 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 tablets, capsules, or other dosage units, but less than 1,000 tablets, capsules, or other dosage units, or 200 grams or more, but less than 400 grams, the 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 tablets, capsules, or other dosage units, or 400 grams or more, the 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 210 months in the State's prison and shall be fined not less than two hundred fifty thousand dollars ($250,000).
(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."
SECTION 14.  This act becomes effective December 1, 2003, and applies to offenses committed on or after that date.