NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

CHAPTER 618

HOUSE BILL 121

AN ACT TO SIMPLIFY PROCEDURES FOR PAROLE OF INMATES SERVING MORE THAN TWO YEARS.

The General Assembly of North Carolina enacts:

Section 1.  Article 4 of Chapter 148 of the General Statutes is amended by adding to it a new section to read as follows:

"§ 148-60.2.  Administrative procedures for parole. — (a) Subject to the provisions of subsection (c) the Parole Commission shall parole each prisoner who is serving a minimum sentence of two years or more, not later than 90 days prior to the expiration of his sentence if such sentence is determinate, less earned allowances for good behavior; or 90 days prior to the expiration of his maximum sentence, less earned allowances for good behavior, if such sentence is indeterminate, unless the Parole Commission in all cases, whether sentence be determinate or indeterminate, shall find that release of the prisoner is not compatible with the welfare of society.

(b)        The official discharge by the Parole Commission of such a parolee shall occur not later than the final expiration date of the sentence, less earned allowances for good behavior.

(c)        Each prisoner who becomes eligible for parole under subsection (a) of this section may reject such parole, in which case he will remain in the custody of the Department of Correction for the rest of his term of imprisonment. If a prisoner who has been released under subsection (a) violates the terms of his parole, the Parole Commission shall revoke the order of his parole and that parolee then shall be returned to the penal institution having custodial jurisdiction over him. A prisoner who has been granted a parole under subsection (a) and who subsequently has had such parole revoked under the provisions of this subsection shall be ineligible for further parole under any provisions of the law during the remainder of the time which he has to serve under that sentence of imprisonment."

Sec. 2.  The first sentence of G.S. 148-58.1(a) is amended by deleting the period and by putting in its place the following:

"except as provided in G.S. 148-60.2."

Sec. 3.  This act shall become effective on September 1, 1975.

In the General Assembly read three times and ratified, this the 16th day of June, 1975.