North Carolina § 148-12 - Diagnostic and classification programs.

§ 148-12. Diagnostic and classification programs.

The Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall, as soon as practicable, establish diagnostic centers to make social, medical, and psychological studies of persons committed to the Division. Full diagnostic studies shall be made before initial classification in cases where such studies have not been made. Repealed by Session Laws 1977, c. 711, s. 33, effective July 1, 1978. Any prisoner confined in the State prison system while under a sentence of imprisonment imposed upon conviction of a felony shall be classified and treated as a convicted felon even if, before beginning service of the felony sentence, such prisoner has time remaining to be served in the State prison system on a sentence or sentences imposed upon conviction of a misdemeanor or misdemeanors. History (1917, c. 278, s. 2; 1919, c. 191, s. 2; C.S., s. 7750; 1925, c. 163; 1933, c. 172, s. 18; 1955, c. 238, s. 5; 1959, c. 50; 1967, c. 996, s. 2; 1973, c. 1446, s. 27; 1977, c. 711, s. 33; 1977, 2nd Sess., c. 1147, s. 32; 2011-145, s. 19.1(h); 2017-186, s. 2(fffffff).) Editor's Note. - Session Laws 1977, c. 711, s. 34, provided: "All statutes which refer to sections repealed or amended by the act shall be deemed, insofar as possible, to refer to those provisions of this act which accomplish the same or an equivalent purpose." Session Laws 1977, c. 711, s. 39, as amended by Session Laws 1977, 2nd Sess., c. 1147, s. 32, effective July 1, 1978, provided: "This act shall become effective July 1, 1978, and applies to all matters addressed by its provisions without regard to when a defendant's guilt was established or when judgment was entered against him, except that the provisions of this act regarding parole shall not apply to persons sentenced before July 1, 1978." Session Laws 1977, c. 732, s. 6, provided that all commitments to the Department of Correction [Division of Adult Correction and Juvenile Justice of the Department of Public Safety] under former G.S. 148-49.3 should be treated as commitments under subsection (b) of this section. However, subsection (b) was repealed by Session Laws 1977, c. 711, s. 33, effective July 1, 1978. Session Laws 1973, c. 803, s. 44, purported to repeal "the third unnumbered paragraph" of this section. The 1973 act apparently intended to amend G.S. 158-12 . Effect of Amendments. - Session Laws 2017-186, s. 2(fffffff), effective December 1, 2017, inserted "and Juvenile Justice" in subsection (a). Legal Periodicals. - For article discussing the presentence diagnostic program in North Carolina, see 9 N.C. Cent. L.J. 133 (1978).