GENERAL ASSEMBLY OF NORTH CAROLINA

1983 SESSION

 

 

CHAPTER 1098

SENATE BILL 430

 

AN ACT CREATING A PROGRAM OF EARLY PAROLE FOR NONDANGEROUS PRISONERS WHO CONSENT TO COMPLETE SERVICE OF THEIR TERMS THROUGH COMMUNITY SERVICE.

 

The General Assembly of North Carolina enacts:

 

Section 1.  New subsections are added to G.S. 15A-1380.2 and to G.S. 15A-1371 to read as follows:

"(h)      Community Service Parole. Notwithstanding the provisions of any other subsection herein, certain prisoners specified herein shall be eligible for community service parole, in the discretion of the Parole Commission.

Community service parole is early parole for the purpose of participation in a program of community service under the supervision of an intensive probation/parole officer, or a Community Penalties Program conducted under G.S. 143B-500 et seq., or a community service restitution program conducted under G.S. 143B-475(d). A parolee who is paroled under this subsection shall serve the remaining period of his active sentence by community service at the rate of one month's service for each 50 hours of community service completed, until at least his minimum sentence (if he was sentenced prior to July 1, 1981), or one-half of his sentence imposed under G.S. 15A-1340.4 has been completed by such community service, at which time parole may be terminated.

The supervisory official or agency shall develop a program of community service work for parolees paroled under this subsection, and any substantial violation without just cause of the rules and regulations imposed by such supervising official or agency shall be grounds for revocation of parole.

Community service parole eligibility shall be available to a prisoner:

(1)       Who is serving his first active sentence the term of which exceeds one year; and

(2)       Who, in the opinion of the 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 (if he was sentenced prior to July 1, 1981), or one- fourth of a sentence imposed under G.S. 15A-1340.4.

Nothing herein is intended to create or shall be construed to create a right or entitlement to community service parole in any prisoner."

Sec. 1.1.  Nothing in this act shall obligate the General Assembly to appropriate additional funds.

Sec. 2.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 6th day of July, 1984.