§ 15A-1371. Parole eligibility, consideration, and refusal.
§ 15A‑1371. Paroleeligibility, consideration, and refusal.
(a) Eligibility. Unlesshis sentence includes a minimum sentence, a prisoner serving a term ofimprisonment for a conviction of impaired driving under G.S. 20‑138.1other than one included in a sentence of special probation imposed underauthority of this Subchapter is eligible for release on parole at any time. Aprisoner whose sentence includes a minimum term of imprisonment imposed underauthority of this Subchapter is eligible for release on parole only uponcompletion of the service of that minimum term or one fifth of the maximumpenalty allowed by law for the offense for which the prisoner is sentenced,whichever is less, less any credit allowed under G.S. 15A‑1355(c) andArticle 19A of Chapter 15 of the General Statutes.
(a1) Repealed by SessionLaws 1994, Ex. Sess., c. 21, s. 3.
(b) (1),(2) Repealedby Session Laws 1993, c. 538, s. 22.
(3) Whenever the Post‑ReleaseSupervision and Parole Commission will be considering for parole a prisonerserving a sentence of life imprisonment the Commission must notify, at least 30days in advance of considering the parole, by first class mail at the lastknown address:
a. The prisoner;
b. The districtattorney of the district where the prisoner was convicted;
c. The head of the lawenforcement agency that arrested the prisoner and the sheriff of the countywhere the crime occurred;
d. Any of the victim'simmediate family members who have requested in writing to be notified; and
e. Repealed by SessionLaws 1993, c. 538, s. 22.
f. As many newspapersof general circulation and other media in the county where the defendant wasconvicted and if different, in the county where the prisoner was charged, asreasonable.
ThePost‑Release Supervision and Parole Commission must consider anyinformation provided by any such parties before consideration of parole. TheCommission must also give the district attorney, the head of the lawenforcement agency who has requested in writing to be notified, the victim, anymember of the victim's immediate family who has requested to be notified, andas many newspapers of general circulation and other media in the county orcounties designated in sub‑subdivision f. of this section as reasonable,written notice of its decision within 10 days of that decision. The ParoleCommission shall not, however, include the name of any victim in itsnotification to the newspapers and other media.
(c) Repealed by SessionLaws 1993, c. 538, s. 22.
(d) Criteria. ThePost‑Release Supervision and Parole Commission may refuse to release onparole a prisoner it is considering for parole if it believes:
(1) There is asubstantial risk that he will not conform to reasonable conditions of parole;or
(2) His release at thattime would unduly depreciate the seriousness of his crime or promote disrespectfor law; or
(3) His continuedcorrectional treatment, medical care, or vocational or other training in theinstitution will substantially enhance his capacity to lead a law‑abidinglife if he is released at a later date; or
(4) There is asubstantial risk that he would engage in further criminal conduct.
(e) Refusal of Parole. A prisoner who has been granted parole may elect to refuse parole and toserve the remainder of his term of imprisonment.
(f) Repealed bySession Laws 1993, c. 538, s. 22.
(g) Notwithstanding theprovisions of subsection (a), a prisoner serving a sentence of not less than 30days nor as great as 18 months for impaired driving may be released on parolewhen he completes service of one‑third of his maximum sentence unless thePost‑Release Supervision and Parole Commission finds in writing that:
(1) There is asubstantial risk that he will not conform to reasonable conditions of parole;or
(2) His release at thattime would unduly depreciate the seriousness of his crime or promote disrespectfor law; or
(3) His continuedcorrectional treatment, medical care, or vocational or other training in theinstitution will substantially enhance his capacity to lead a law‑abidinglife if he is released at a later date; or
(4) There is asubstantial risk that he would engage in further criminal conduct.
If a prisoner is released onparole by operation of this subsection, the term of parole is the unservedportion of the sentence to imprisonment, and the conditions of parole, unlessotherwise specified by the Post‑Release Supervision and ParoleCommission, are those authorized in G.S. 15A‑1374(b)(4) through (10).
In order that the Post‑ReleaseSupervision and Parole Commission may have an adequate opportunity to make adetermination whether parole under this section should be denied, no prisonereligible for parole under this subsection shall be released from confinementprior to the fifth full working day after he shall have been placed in thecustody of the Secretary of Correction or the custodian of a local confinementfacility.
(h) Community ServiceParole. Notwithstanding the provisions of any other subsection herein,prisoners serving sentences for impaired driving shall be eligible forcommunity service parole, in the discretion of the Post‑ReleaseSupervision and Parole Commission.
Community service parole isearly parole for the purpose of participation in community service under thesupervision of the Division of Community Corrections. A parolee who is paroledunder this subsection must perform as a condition of parole community servicein an amount and over a period of time to be determined by the Post‑ReleaseSupervision and Parole Commission. However, the total amount of communityservice shall not exceed an amount equal to 32 hours for each month of activeservice remaining in his minimum sentence. The Post‑Release Supervisionand Parole Commission may grant early parole under this section withoutrequiring the performance of community service if it determines that suchperformance is inappropriate to a particular case.
The probation/parole officerand the judicial services coordinator shall develop a program of communityservice for the parolee. The coordinator shall report any willful failure toperform community service work to the probation/parole officer. Parole may berevoked for any parolee who willfully fails to perform community service workas directed by the Division of Community Corrections. The provisions of G.S.15A‑1376 shall apply to this violation of a condition of parole.
Community service paroleeligibility shall be available to a prisoner:
(1) Who is serving anactive sentence the term of which exceeds six months; and
(2) Who, in the opinionof the Post‑Release Supervision and Parole Commission, is unlikely toengage in further criminal conduct; and
(3) Who agrees tocomplete service of his sentence as herein specified; and
(4) Who has served one‑halfof his minimum sentence.
In computing the servicerequirements of subdivision (4) of this subsection, credit shall be given forgood time and gain time credit earned pursuant to G.S. 148‑13. Nothingherein is intended to create or shall be construed to create a right orentitlement to community service parole in any prisoner.
(i) The fee requiredby G.S. 143B‑262.4 shall be paid by all persons who participate in theCommunity Service Parole Program.
(j) The Post‑ReleaseSupervision and Parole Commission may terminate a prisoner's community serviceparole before the expiration of the term of imprisonment where doing so willnot endanger the public, unduly depreciate the seriousness of the crime, orpromote disrespect for the law. (1977, c. 711, s. 1; 1977, 2nd Sess., c. 1147, ss.19A‑22; 1979, c. 749, ss. 9, 10; 1979, 2nd Sess., c. 1316, s. 42; 1981,c. 63, s. 1; c. 179, s. 14; 1983 (Reg. Sess., 1984), c. 1098, s. 1; 1985, c.453, ss. 1, 2; 1985 (Reg. Sess., 1986), c. 960, s. 2; c. 1012, ss. 2, 5; 1987,c. 47; c. 783, s. 7; 1989, c. 1, ss. 3, 4; 1991, c. 217, s. 3; c. 288, s. 2;1993, c. 538, s. 22; 1994, Ex. Sess., c. 21, s. 3; c. 24, s. 14(b); c. 25, ss.1, 2; 2002‑126, s. 29A.1(a); 2006‑264, s. 34; 2008‑133, s. 1;2009‑372, s. 13(a), (b); 2009‑451, s. 19.26(a), (d); 2009‑575,s. 16A.)