North Carolina § 15A-1368 - 4. Conditions of post-release supervision.

§ 15A-1368. 4. Conditions of post-release supervision.

In General. - Conditions of post-release supervision may be reintegrative in nature or designed to control the supervisee's behavior and to enforce compliance with law or judicial order. A supervisee may have his supervision period revoked for any violation of a controlling condition or for repeated violation of a reintegrative condition. Compliance with reintegrative conditions may entitle a supervisee to earned time credits as described in G.S. 15A-1368.2(d). Required Condition. - The Commission shall provide as an express condition of every release that the supervisee not commit another crime during the period for which the supervisee remains subject to revocation. A supervisee's failure to comply with this controlling condition is a supervision violation for which the supervisee may face revocation as provided in G.S. 15A-1368.3. Additional Required Conditions for Sex Offenders and Persons Convicted of Offenses Involving Physical, Mental, or Sexual Abuse of a Minor. - In addition to the required condition set forth in subsection (b) of this section, for a supervisee who has been convicted of an offense which is a reportable conviction as defined in G.S. 14-208.6(4), or which involves the physical, mental, or sexual abuse of a minor, controlling conditions, violations of which may result in revocation of post-release supervision, are: Register as required by G.S. 14-208.7 if the offense is a reportable conviction as defined by G.S. 14-208.6(4). Participate in such evaluation and treatment as is necessary to complete a prescribed course of psychiatric, psychological, or other rehabilitative treatment as ordered by the Commission. Not communicate with, be in the presence of, or found in or on the premises of the victim of the offense. Not reside in a household with any minor child if the offense is one in which there is evidence of sexual abuse of a minor. Not reside in a household with any minor child if the offense is one in which there is evidence of physical or mental abuse of a minor, unless a court of competent jurisdiction expressly finds that it is unlikely that the defendant's harmful or abusive conduct will recur and that it would be in the child's best interest to allow the supervisee to reside in the same household with a minor child. Submit to satellite-based monitoring pursuant to Part 5 of Article 27A of Chapter 14 of the General Statutes, if the offense is a reportable conviction as defined by G.S. 14-208.6(4) and the supervisee is in the category described by G.S. 14-208.40(a)(1). Submit to satellite-based monitoring pursuant to Part 5 of Article 27A of Chapter 14 of the General Statutes, if the offense is a reportable conviction as defined by G.S. 14-208.6(4) and the supervisee is in the category described by G.S. 14-208.40(a)(2). Submit at reasonable times to warrantless searches by a post-release supervision officer of the supervisee's person and of the supervisee's vehicle and premises while the supervisee is present, for purposes reasonably related to the post-release supervision, but the supervisee may not be required to submit to any other search that would otherwise be unlawful. For purposes of this subdivision, warrantless searches of the supervisee's computer or other electronic mechanism which may contain electronic data shall be considered reasonably related to the post-release supervision. Whenever the warrantless search consists of testing for the presence of illegal drugs, the supervisee may also be required to reimburse the Division of Adult Correction and Juvenile Justice of the Department of Public Safety for the actual cost of drug screening and drug testing, if the results are positive. Discretionary Conditions. - The Commission, in consultation with the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice, may impose conditions on a supervisee it believes reasonably necessary to ensure that the supervisee will lead a law-abiding life or to assist the supervisee to do so. The Commission may also impose a condition of community service on a supervisee who was a Class F through I felon and who has failed to fully satisfy any order for restitution, reparation, or costs imposed against the supervisee as part of the supervisee's sentence; however, the Commission shall not impose such a condition of community service if the Commission determines, upon inquiry, that the supervisee has the financial resources to satisfy the order. Repealed by Session Laws 2013-196, s. 2, effective June 26, 2013. Reintegrative Conditions. - Appropriate reintegrative conditions, for which a supervisee may receive earned time credits against the length of the supervision period, and repeated violation that may result in revocation of post-release supervision, are: Work faithfully at suitable employment or faithfully pursue a course of study or vocational training that will equip the supervisee for suitable employment. Undergo available medical or psychiatric treatment and remain in a specified institution if required for that purpose. Attend or reside in a facility providing rehabilitation, instruction, recreation, or residence for persons on post-release supervision. Support the supervisee's dependents and meet other family responsibilities. In the case of a supervisee who attended a basic skills program during incarceration, continue attending a basic skills program in pursuit of an adult high school equivalency diploma or adult high school diploma. Satisfy other conditions reasonably related to reintegration into society. Controlling Conditions. - Appropriate controlling conditions, violation of which may result in revocation of post-release supervision, are: Not use, possess, or control any illegal drug or controlled substance unless it has been prescribed for the supervisee by a licensed physician and is in the original container with the prescription number affixed on it; not knowingly associate with any known or previously convicted users, possessors, or sellers of any such illegal drugs or controlled substances; and not knowingly be present at or frequent any place where such illegal drugs or controlled substances are sold, kept, or used. Comply with a court order to pay the costs of reintegrative treatment for a minor and a minor's parents or custodians where the offense involved evidence of physical, mental, or sexual abuse of a minor. Comply with a court order to pay court costs and costs for appointed counsel or public defender in the case for which the supervisee was convicted. Not possess a firearm, destructive device, or other dangerous weapon unless granted written permission by the Commission or a post-release supervision officer. Report to a post-release supervision officer at reasonable times and in a reasonable manner, as directed by the Commission or a post-release supervision officer. Permit a post-release supervision officer to visit at reasonable times at the supervisee's home or elsewhere. Remain within the geographic limits fixed by the Commission unless granted written permission to leave by the Commission or the post-release supervision officer. Not to abscond, by willfully avoiding supervision or by willfully making the supervisee's whereabouts unknown to the supervising probation officer. Answer all reasonable inquiries by the post-release supervision officer and obtain prior approval from the post-release supervision officer for any change in address or employment. Promptly notify the post-release supervision officer of any change in address or employment. Submit at reasonable times to searches of the supervisee's person by a post-release supervision officer for purposes reasonably related to the post-release supervision. The Commission shall not require as a condition of post-release supervision that the supervisee submit to any other searches that would otherwise be unlawful. Whenever the search consists of testing for the presence of illegal drugs, the supervisee may also be required to reimburse the Division of Adult Correction and Juvenile Justice of the Department of Public Safety for the actual cost of drug testing and drug screening, if the results are positive. Make restitution or reparation to an aggrieved party as provided in G.S. 148-57.1. Comply with an order from a court of competent jurisdiction regarding the payment of an obligation of the supervisee in connection with any judgment rendered by the court. Remain in one or more specified places for a specified period or periods each day, and wear a device that permits the defendant's compliance with the condition to be monitored electronically and pay a fee of ninety dollars ($90.00) for the electronic monitoring device and a daily fee in an amount that reflects the actual cost of providing the electronic monitoring. The Commission may exempt a person from paying the fees only for a good cause. Fees collected under this subsection for the electronic monitoring device shall be transmitted to the State for deposit in the State's General Fund. The daily fees collected under this subsection shall be remitted to the Department of Public Safety to cover the costs of providing the electronic monitoring. Repealed by Session Laws 2013-101, s. 1, effective June 12, 2013. Prohibited Conditions. - The Commission shall not impose community service as a condition of post-release supervision. Required Supervision Fee. - The Commission shall require as a condition of post-release supervision that the supervisee pay a supervision fee of forty dollars ($40.00) per month. The Commission may exempt a supervisee from this condition only if it finds that requiring payment of the fee is an undue economic burden. The fee shall be paid to the clerk of superior court of the county in which the supervisee was convicted. The clerk shall transmit any money collected pursuant to this subsection to the State to be deposited in the State's General Fund. In no event shall a supervisee be required to pay more than one supervision fee per month. History (1993, c. 538, s. 20.1; 1994, Ex. Sess., c. 24, s. 14(b); 1996, 2nd Ex. Sess., c. 18, s. 20.14(b); 1997-57, s. 6; 1997-237, s. 6; 2001-487, s. 47(c); 2002-126, s. 29A.2(b); 2006-247, s. 15(g); 2007-213, s. 9; 2010-31, s. 19.3(b); 2011-145, s. 19.1(h), (k); 2011-192, s. 2(c); 2013-101, s. 2; 2013-196, s. 1; 2013-363, s. 6.7(b); 2014-115, s. 28(a); 2017-186, s. 2(xxx).) 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. Effect of Amendments. - Session Laws 2006-247, s. 15(g), effective August 16, 2006, added subdivisions (b1)(6) and (7). For applicability provision, see Editor's note. Session Laws 2007-213, s. 9, effective December 1, 2007, and applicable to persons placed on probation, parole, or post-release supervision on or after that date, added subdivision (b1)(8). Session Laws 2010-31, s. 19.3(b), effective October 1, 2010, and applicable to persons placed on supervised probation, parole, or post-release prior to that date and to all persons placed on supervised probation, parole or post-release on or after that date, substituted "forty dollars ($40.00)" for "thirty dollars ($30.00)" in the first sentence of subsection (f). Session Laws 2011-145, s. 19.1(h) and (k), effective January 1, 2012, in subdivisions (b)(8) and (e)(10), substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction"; and in subsection (c), substituted "Section of Community Corrections of the Division of Adult Correction" for "Division of Community Corrections." Session Laws 2011-192, s. 2(c), effective December 1, 2011, and applicable to offenses committed on or after that date, added subdivision (e)(7a). Session Laws 2013-101, s. 2, effective June 12, 2013, repealed subdivision (e)(14), which read: "Submit to supervision by officers assigned to the Intensive Post-Release Supervision Program established pursuant to G.S. 143B-704(c) , and abide by the rules adopted for that Program." Session Laws 2013-196, s. 1, effective June 26, 2013, added the second sentence in subsection (c); and deleted subsection (c1), which read: "Prohibited Conditions. - The Commission shall not impose community service as a condition of post-release supervision." Session Laws 2013-363, s. 6.7(b), effective July 1, 2013, in subdivision (e)(13), added "and pay a fee of ninety dollars ($90.00) for the electronic monitoring device and a daily fee in an amount that reflects the actual cost of providing the electronic monitoring" in first sentence, and added the second, third, and fourth sentences. Session Laws 2014-115, s. 28(a), effective August 11, 2014, substituted "an adult high school equivalency diploma" for "a General Education Development Degree" in subdivision (d)(5). Session Laws 2017-186, s. 2(xxx), effective December 1, 2017, inserted "and Juvenile Justice" throughout the section. Legal Periodicals. - For 1997 legislative survey, see 20 Campbell L. Rev. 417.