NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

CHAPTER 241

HOUSE BILL 124

AN ACT TO AMEND GENERAL STATUTES 148-45 WHICH RELATES TO ESCAPES FROM PRISON.

The General Assembly of North Carolina enacts:

Section 1.  Subsection (g) of G.S. 148-45 is hereby amended to read as follows:

"§ 148-45(g)(1).  Any person convicted and in the custody of the North Carolina Department of Correction and ordered or otherwise assigned to work under the work-release program, G.S. 148-33.1, or any convicted person in the custody of the North Carolina Department of Correction and on temporary parole by permission of the State Parole Commission or other authority of law or any youthful offender granted relief under G.S. 148-49.1 et seq., who shall fail to return to the custody of the North Carolina Department of Correction, shall be guilty of the crime of escape and subject to the applicable provisions of this section and shall be deemed an escapee. For the purpose of this subsection, escape is defined to include, but is not restricted to, willfull failure to return to an appointed place and at an appointed time as ordered.

(2)        If a person, who would otherwise be guilty of a first violation of G.S. 148‑45(g)(l), voluntarily returns to his place of confinement within twenty-four (24) hours of the time at which he was ordered to return, such person shall not be charged with an escape as provided in this section but shall be subject to such administrative action as may be deemed appropriate for an escapee by the Department of Correction; said escapee shall not be allowed to be placed on work-release for a four-month period or for the balance of his term if less than one year; provided, however, that if such person commits a subsequent violation of this section then such person shall be charged with that offense and, if convicted, punished under the provisions of this section."

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 7th day of May, 1975.