North Carolina § 15A-1368 - 2. Post-release supervision eligibility and procedure.

§ 15A-1368. 2. Post-release supervision eligibility and procedure.

Except as otherwise provided in this subsection, a prisoner to whom this Article applies shall be released from prison for post-release supervision on the date equivalent to his maximum imposed prison term less 12 months in the case of Class B1 through E felons and less nine months in the case of Class F through I felons, less any earned time awarded by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety or the custodian of a local confinement facility under G.S. 15A-1340.13(d). A prisoner whose maximum sentence is established pursuant to G.S. 15A-1340.17(f) shall be released from prison for post-release supervision on the date equivalent to his or her maximum imposed prison term less 60 months, less any earned time awarded by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety or the custodian of a local confinement facility under G.S. 15A-1340.13(d). If a prisoner has not been awarded any earned time, the prisoner shall be released for post-release supervision on the date equivalent to his maximum prison term less 12 months for Class B1 through E felons and less nine months for Class F through I felons. A prisoner shall not refuse post-release supervision. Willful refusal to accept post-release supervision or to comply with the terms of post-release supervision by a prisoner whose offense requiring post-release supervision is a reportable conviction subject to the registration requirement of Article 27A of Chapter 14 of the General Statutes, is punishable as contempt of court under G.S. 5A-11 and may result in imprisonment under G.S. 5A-12. Furthermore, any period of time during which a prisoner whose offense requiring post-release supervision is a reportable conviction subject to the registration requirement of Article 27A of Chapter 14 of the General Statutes is not in fact released pursuant to subsection (a) of this section due to the prisoner's resistance to that release shall toll the running of the period of supervised release imposed by subsection (c) of this section. For purposes of this subsection and the provisions of G.S. 5A-11, "willful refusal to accept post-release supervision or to comply with the terms of post-release supervision" includes, but is not limited to, knowingly violating the terms of post-release supervision in order to be returned to prison to serve out the remainder of the prisoner's sentence. Notwithstanding any other provision of law, a prisoner punished for the offense of contempt of court under this subsection is not eligible for credit for time served against the sentence for which the prisoner is subject to post-release supervision. Punishment by contempt for willful refusal to accept post-release supervision or to comply with the terms of post-release supervision does not preclude the application of any other sanction provided by law for the same conduct. A supervisee's period of post-release supervision shall be for a period of 12 months in the case of Class B1 through E felons and nine months in the case of Class F through I felons, unless the offense is an offense for which registration is required pursuant to Article 27A of Chapter 14 of the General Statutes. For offenses subject to the registration requirement of Article 27A of Chapter 14 of the General Statutes, the period of post-release supervision is five years. The conditions of post-release supervision are as authorized in G.S. 15A-1368.5. Notwithstanding subsection (c) of this section, a person required to submit to satellite-based monitoring pursuant to G.S. 15A-1368.4(b1)(6) shall continue to participate in satellite-based monitoring beyond the period of post-release supervision until the Commission releases the person from that requirement pursuant to G.S. 14-208.43. A supervisee's period of post-release supervision may be reduced while the supervisee is under supervision by earned time awarded by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, pursuant to rules adopted in accordance with law. A supervisee is eligible to receive earned time credit toward the period of supervision for compliance with reintegrative conditions described in G.S. 15A-1368.5. Repealed by Session Laws 1997-237, s. 7. When a supervisee completes the period of post-release supervision, the sentence or sentences from which the supervisee was placed on post-release supervision are terminated. History (1993, c. 538, s. 20.1; 1994, Ex. Sess., c. 24, s. 14(b); 1993 (Reg. Sess., 1994), c. 767, s. 4; 1996, 2nd Ex. Sess., c. 18, s. 20.14(a); 1997-237, s. 7; 2006-247, s. 15(f); 2011-145, s. 19.1(h); 2011-192, s. 2(b); 2011-307, ss. 2, 5; 2017-186, s. 2(vvv).) Editor's Note. - The number of this section was assigned by the Revisor of Statutes, the number in Session Laws 1993, c. 538, s. 20.1 having been G.S. 15A-1370.3. Session Laws 2006-247, s. 15( l ) provides: "Unless otherwise provided in the section, this section is effective when it becomes law and applies to offenses committed on or after that date. This section also applies to any person sentenced to intermediate punishment on or after that date and to any person released from prison by parole or post-release supervision on or after that date. This section also applies to any person who completes his or her sentence on or after the effective date of this section who is not on post-release supervision or parole. However, the requirement to enroll in a satellite-based program is not mandatory until January 1, 2007, when the program is established." Session Laws 2011-192, s. 9, provides: "This act shall be known as 'The Justice Reinvestment Act of 2011.'" Session Laws 2011-192, s. 10, provides in part: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Effect of Amendments. - Session Laws 2006-247, s. 15(f), effective August 16, 2006, added subsection (c1). For applicability provisions, see Editor's note. Session Laws 2011-145, s. 19.1(h), effective January 1, 2012, in subsections (a) and (d), substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction." Session Laws 2011-192, s. 2(b), effective December 1, 2011, and applicable to offenses committed on or after that date, in subsection (a), substituted "12 months in the case of Class B1 through E felons and less nine months in the case of Class F through I felons" for "nine months" in the first sentence, and substituted "12 months for Class B1 through E felons and less nine months for Class F through I felons" for "nine months" in the last sentence; and in subsection (c), substituted "12 months in the case of Class B1 through E felons and nine months in the case of Class F through I felons" for "nine months." Session Laws 2011-307, s. 2, effective December 1, 2011, and applicable to offenses committed on or after that date, in subsection (a), added the exception at the beginning and the language beginning "less any earned time awarded . . . " at the end of the first sentence, and added the second sentence. Session Laws 2011-307, s. 5, effective June 27, 2011, and applicable to wilful refusals to accept post-release supervision or to comply with the terms of post-release supervision that occur on or after that date, added the last five sentences in subsection (b). Session Laws 2017-186, s. 2(vvv), effective December 1, 2017, inserted "and Juvenile Justice" following "Division of Adult Correction" throughout the section. Legal Periodicals. - For comment, "Lots of Squeeze, Little (or No) Juice: North Carolina's Habitual Misdemeanor Larceny Statute, a Law Where Results Do Not Justify Costs,” see 97 N.C.L. Rev. 432 (2019).