North Carolina § 15A-1368 - 3. Incidents of post-release supervision.

§ 15A-1368. 3. Incidents of post-release supervision.

Conditionality. - Post-release supervision is conditional and subject to revocation. Modification. - The Commission may for good cause shown modify the conditions of post-release supervision at any time before the termination of the supervision period. Effect of Violation. - If the supervisee violates a condition, described in G.S. 15A-1368.4, at any time before the termination of the supervision period, the Commission may continue the supervisee on the existing supervision, with or without modifying the conditions, or if continuation or modification is not appropriate, may revoke post-release supervision as provided in G.S. 15A-1368.6 and reimprison the supervisee for a term consistent with the following requirements: Supervisees who were convicted of an offense for which registration is required under Article 27A of Chapter 14 of the General Statutes and supervisees whose supervision is revoked for a violation of the required controlling condition under G.S. 15A-1368.4(b) or for absconding in violation of G.S. 15A-1368.4(e)(7a) will be returned to prison up to the time remaining on their maximum imposed terms. All other supervisees will be returned to prison for three months and may be returned for three months on each of two subsequent violations, after which supervisees who were Class B1 through E felons may be returned to prison up to the time remaining on their maximum imposed terms. Reimprisonment for a violation under this subdivision tolls the running of the period of supervised release, except that a supervisee shall not be rereleased on post-release supervision if the supervisee has served all the time remaining on the supervisee's maximum imposed term. The supervisee shall not receive any credit for days on post-release supervision against the maximum term of imprisonment imposed by the court under G.S. 15A-1340.13. Pursuant to Article 19A of Chapter 15, the Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall award a prisoner credit against any term of reimprisonment for all time spent in custody as a result of revocation proceedings under G.S. 15A-1368.6, unless as a result of a violation of the conditions, the supervisee is returned to prison for a three-month period. The three-month period shall not be reduced by credit for time already served. Any such credit shall be applied toward the maximum prison term. The prisoner is eligible to receive earned time credit against the maximum prison term as provided in G.S. 15A-1340.13(d) for time served in prison after the revocation. Re-Release After Revocation of Post-Release Supervision. - A prisoner who has been reimprisoned prior to completing a post-release supervision period may again be released on post-release supervision by the Commission subject to the provisions which govern initial release. Timing of Revocation. - The Commission may revoke post-release supervision for violation of a condition during the period of supervision. The Commission may also revoke post-release supervision following a period of supervision if: Before the expiration of the period of post-release supervision, the Commission has recorded its intent to conduct a revocation hearing; and The Commission finds that every reasonable effort has been made to notify the supervisee and conduct the hearing earlier. Prima facie evidence of reasonable effort to notify is the issuance of a temporary or conditional revocation order, as provided in G.S. 15A-1376, that goes unserved. History (1993, c. 538, s. 20.1; 1994, Ex. Sess., c. 14, s. 27; c. 24, s. 14(b); 1993 (Reg. Sess., 1994), c. 767, s. 5; 2011-145, s. 19.1(h); 2011-192, s. 2(d); 2012-188, s. 4; 2016-77, s. 2; 2017-186, s. 2(www).) 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-1370.4. 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." Session Laws 2012-188, s. 8, made the amendments to this section by Session Laws 2012-188, s. 4, applicable to supervisees violating the conditions of post-release supervision on or after July 16, 2012. Session Laws 2016-77, s. 11, made the amendment to subdivision (c)(3) of this section by Session Laws 2016-77, s. 2, which added "unless as a result of a violation of the conditions, the supervisee is returned to prison for a three-month period" following "under G.S. 15A-1368.6 " and added the last two sentences, applicable to offenses committed on or after December 1, 2016. Effect of Amendments. - Session Laws 2011-145, s. 19.1(h), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" in subdivision (c)(3). Session Laws 2011-192, s. 2(d), effective December 1, 2011, and applicable to offenses committed on or after that date, rewrote subdivision (c)(1), which formerly read: "The supervisee will be returned to prison up to the time remaining on his maximum imposed term." Session Laws 2012-188, s. 4, effective July 16, 2012, added the third sentence in subdivision (c)(1). For applicability, see Editor's note. Session Laws 2016-77, s. 2, effective December 1, 2016, in subdivision (c)(3), added "unless as a result of a violation of the conditions, the supervisee is returned to prison for a three-month period" following "under G.S. 15A-1368.6 " and added the last two sentences. See editor's note for applicability. Session Laws 2017-186, s. 2(www), effective December 1, 2017, inserted "and Juvenile Justice" in subdivision (c)(3).