A BILL TO BE ENTITLED
AN ACT TO amend the law regarding the sentence that may be imposed on certain persons convicted of a drug trafficking offense and to PROVIDE FOR THE EARLY RELEASE OF CERTAIN INMATES.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 90‑95(h)(5) reads as rewritten:
"(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 the sentencing judge finds that the person meets the criteria set out in either sub-subdivision a. or b. of this subdivision and enters that finding in the record:
a.	The 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; or 
b.	The person has no prior convictions for crimes that produced or threatened serious bodily harm; has no prior felony convictions for the manufacture, sale, delivery, or possession of controlled substances as defined in this Article; and the sentencing judge finds by a preponderance of the evidence that the person:  (i) did not possess a firearm during the commission of the offense; (ii) played a minimal role in the drug scheme that led to the offense; (iii) carried out the offense at the direction of another; and (iv) stood to receive substantially less pecuniary gain from the offense than the person who directed the commission of the offense."
SECTION 2.  Chapter 15A of the General statutes is amended by adding a new Article to read:
"Article 84B.
"Early Release of Certain Inmates.
"§ 15A‑1370A.  Early release of certain inmates.
(a)	Any inmate serving a sentence for a violation of G.S. 90‑95 who was convicted for the offense prior to December 31, 2007, shall be eligible for early release by the Department of Correction provided the inmate:
(1)	At the time of the inmate's sentencing, satisfied all of the criteria in G.S. 90‑95(h)(5)b.;
(2)	Has no violence‑related infractions or attempted escapes on his or her record while incarcerated;
(3)	Has served at least one‑half of his or her sentence; and
(4)	Does not have an order of removal against him or her from the United States Office of Homeland Security.
(b)	Any inmate serving a sentence for a violation of G.S. 90‑95 who has an order of removal against him or her from the United States Department of Homeland Security shall be eligible for early release by the Department of Correction provided the inmate:
(1)	Satisfies the criteria established in subdivisions (1) through (3) of subsection (a) of this section; and
(2)	The order of removal will result in the inmate's immediate removal from the United States when the inmate is released from the custody of the Department of Correction.
(c)	The Department of Correction may release an inmate under subsection (b) of this section only to the United States Department of Homeland Security, and the inmate's release shall be accompanied by a warrant for the inmate's retaking to be executed in the event of the inmate's release from that custody other than by deportation.
(d)	The Department of Correction may release an inmate under subsection (b) of this section only after it has received written assurance from the United States Department of Homeland Security that:
(1)	An order of deportation will be executed immediately; and
(2)	The inmate, if granted early release under subsection (b) of this section, will not be released from the custody of the United States Department of Homeland Security, other than by deportation, without providing the Department a reasonable opportunity to arrange for execution of its warrant for the retaking of the inmate.
(e)	In the event that an inmate released under subsection (b) of this section is not deported, the Department of Correction shall execute the warrant required by subsection (c) of this section, effect the inmate's return to the custody of the Department of Correction, and reinstate the inmate's original sentence with credit for time served in the custody of the United States Department of Homeland Security.
(f)	In determining whether to grant early release to an inmate who meets the criteria of either subsection (a) or (b) of this section, the Department of Correction may consider:
(1)	Whether the inmate's early release would unduly depreciate the seriousness of the inmate's crime or promote disrespect for the law;
(2)	Whether the inmate's continued correctional treatment, medical care, or vocational or other training in the institution will substantially enhance the inmate's capacity to lead a law‑abiding life if the inmate is released at a later date; and
(3)	Whether there is a substantial risk that the inmate would engage in further criminal conduct in the United States."
SECTION 3.  This act becomes effective December 1, 2007.