North Carolina § 143B-721 - Post-Release Supervision and Parole Commission - members; selection; removal; chair; compensation; quorum; services.

§ 143B-721. Post-Release Supervision and Parole Commission - members; selection; removal; chair; compensation; quorum; services.

Effective August 1, 2005, the Post-Release Supervision and Parole Commission shall consist of one full-time member and two half-time members. The three members shall be appointed by the Governor from persons whose recognized ability, training, experience, and character qualify them for service on the Commission. The terms of office of any members serving on the Commission on June 30, 2005, shall expire on that date. The terms of office of persons appointed by the Governor as members of the Commission shall be for four years or until their successors are appointed and qualify. Any appointment to fill a vacancy on the Commission created by the resignation, removal, death or disability of a member shall be for the balance of the unexpired term only. Effective August 1, 2012, both half-time commissioners shall begin serving as full-time members of the Commission, and the Post-Release Supervision and Parole Commission shall consist of three full-time members. Effective February 1, 2013, an additional member shall be appointed by the Governor to the Commission, and the Post-Release Supervision and Parole Commission shall consist of four full-time members. All members of the Post-Release Supervision and Parole Commission appointed by the Governor shall possess the recognized ability, training, experience, and character to qualify each person to serve ably on the Commission. The Governor shall have the authority to remove any member of the Commission from office for misfeasance, malfeasance or nonfeasance, pursuant to the provisions of G.S. 143B-13. The Governor shall designate a member of the Commission to serve as chair of the Commission at the pleasure of the Governor. The granting, denying, revoking, or rescinding of parole, the authorization of work-release privileges to a prisoner, or any other matters of business coming before the Commission for consideration and action shall be decided by majority vote of the full Commission, except that a three-member panel of the Commission may set the terms and conditions for a post-release supervisee under G.S. 15A-1368.4 and may decide questions of violations thereunder, including the issuance of warrants. In the event of a tie in a vote by the full Commission, the chair shall break the tie with an additional vote. The members of the Commission shall receive the salary fixed by the General Assembly in the Current Operations Appropriations Act and shall receive necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-6. Notwithstanding any other provision of law, the half-time members of the Commission shall not be subject to the provisions of G.S. 135-3(8)(c). All clerical and other services required by the Commission shall be supplied by the Secretary of the Department of Public Safety. History (1973, c. 1262, s. 9; 1977, c. 704, s. 1; 1979, c. 2; 1983, c. 709, s. 3; c. 717, s. 80; 1983 (Reg. Sess., 1984), c. 1034, s. 164; 1993, c. 337, s. 1; c. 538, s. 43; 1994, Ex. Sess., c. 14, s. 63; c. 24, s. 14(b); 1999-237, s. 18.2; 2005-276, s. 17.25(a); 2006-264, s. 89(a); 2011-145, s. 19.1(i), (s); 2012-142, s. 25.1(g); 2013-196, s. 2; 2013-410, s. 12.1.) Editor's Note. - Former G.S. 143B-267 was recodified by Session Laws 2011-145, s. 19.1(s), effective January 1, 2012. It was subsequently renumbered as this section at the direction of the Revisor of Statutes. Session Laws 2011-145, s. 19.1(s) recodified former Article 6 of Chapter 143B as Part 2 of Article 5A of Chapter 143B , effective January 1, 2012, but the statutory numbering remained the same. Article 5A was renumbered as Article 13, and G.S. 143B-267 was renumbered as this section at the direction of the Revisor of Statutes. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.5, is a severability clause. Session Laws 2013-196, s. 3, made the amendment to subsection (d) by Session Laws 2013-196, s. 2, applicable to actions taken by the Post-Release Supervision and Parole Commission on or after June 26, 2013. Effect of Amendments. - Session Laws 2005-276, s. 17.25(a), effective June 30, 2005, rewrote the first paragraph; in the second paragraph, deleted "full-time" preceding "member" and substituted "chair" for "chairman"; and in the fourth paragraph, deleted "full-time" preceding "members." Session Laws 2006-264, s. 89(a), effective August 27, 2006, added the last sentence in the fourth paragraph. Session Laws 2011-145, s. 19.1(i), effective January 1, 2012, substituted "Secretary of Public Safety" for "Secretary of Correction" or "Secretary of the Department of Correction" in the last paragraph. Session Laws 2012-142, s. 25.1(g), effective August 1, 2012, added subsection designations and added subsections (a1) through (b); and inserted "of the Department" in subsection (f). Session Laws 2013-196, s. 2, effective June 26, 2013, added "except that a three-member panel of the Commission may set the terms and conditions for a post-release supervisee under G.S. 15A-1368.4 and may decide questions of violations thereunder, including the issuance of warrants" in the first sentence, and added the second sentence of subsection (d). For applicability, see Editor's note. Session Laws 2013-410, s. 12.1, effective August 23, 2013, substituted "chair" for "chairman" in the section heading. Legal Periodicals. - For survey of 1977 administrative law affecting state government, see 56 N.C.L. Rev. 867 (1978).