North Carolina § 164-42 - Sentencing structures.

§ 164-42. Sentencing structures.

The Commission shall recommend structures for use by a sentencing court in determining the most appropriate sentence to be imposed in a criminal case, including: Imposition of an active term of imprisonment; Imposition of a term of probation; Suspension of a sentence to imprisonment and imposition of probation with conditions, including the appropriate probation option or options, including house arrest, regular probation, intensive supervision, restitution, and community service; Based upon the combination of offense and defendant characteristics in each case, the presumptively appropriate length of a term of probation, or a term of imprisonment; Ordering multiple sentences to terms of imprisonment to run concurrently or consecutively; For a sentence to probation without a suspended sentence to imprisonment, the maximum term of confinement to be imposed if the defendant violates the conditions of probation. The sentencing structures shall be consistent with the goals, policies, and purposes of the criminal justice and corrections systems, as set forth in Sections 2 and 3 of the Sentencing and Policy Advisory Commission Act of 1990. As part of its work, the Commission shall offer recommendations for the incorporation of those sections into the sentencing laws of North Carolina. In formulating structures, the Commission also shall consider: The nature and characteristics of the offense; The severity of the offense in relation to other offenses; The characteristics of the defendant that mitigate or aggravate the seriousness of his criminal conduct and the punishment deserved therefor; The defendant's number of prior convictions; The available resources and constitutional capacity of the Division of Adult Correction and Juvenile Justice, local confinement facilities, and community-based sanctions; The rights of the victims; That felony offenders sentenced to an active term of imprisonment, or whose suspended sentence to imprisonment is activated, should serve a designated minimum percentage of their sentences before they are eligible for parole; and That misdemeanor offenders sentenced to an active term of imprisonment, or whose suspended sentence to imprisonment is activated, should serve a designated minimum percentage of their sentence before they are eligible for parole. The Commission shall also consider the policy issues set forth in G.S. 164-42.1 in developing its sentencing structures. The Commission shall include with each set of sentencing structures a statement of its estimate of the effect of the sentencing structures on the Division of Adult Correction and Juvenile Justice and local facilities, both in terms of fiscal impact and on inmate population. If the Commission finds that the proposed sentencing structures will result in inmate populations in the Division of Adult Correction and Juvenile Justice and local confinement facilities that exceed the standard operating capacity, then the Commission shall present an additional set of structures that are consistent with that capacity. For purposes of this subsection, "standard operating capacity" means the total capacity expected to be available in both local confinement facilities and in the Division of Adult Correction and Juvenile Justice once all the proceeds of bonds authorized by Chapter 933 of the 1989 Session Laws and Chapter 935 of the 1989 Session Laws have been expended for the construction of prison facilities. History (1989 (Reg. Sess., 1990), c. 1076, s. 1; 1991 (Reg. Sess., 1992), c. 812, s. 12; c. 816, ss. 1, 5; 1993, c. 253, s. 5.1; c. 321, s. 200.1; 1993 (Reg. Sess., 1994), c. 591, s. 6(a); 1995, c. 236, s. 1; 1997-256, s. 6; 1997-347, s. 2; 1997-401, s. 2; 1997-418, s. 2; 1997-443, s. 18.6(a); 2009-372, s. 8; 2011-145, s. 19.1(h); 2011-391, s. 43(f); 2017-186, s. 2(nnnnnnnnn).) Cross References. - As to legislation regarding blended sentencing, see the editor's note at G.S. 7B-2500 . Editor's Note. - For the text of sections 2 and 3 of the Sentencing and Policy Advisory Commission Act of 1990, Session Laws 1989 (Reg. Sess., 1990), see c. 1076, ss. 2 and 3. Session Laws 1991 (Reg. Sess., 1992), c. 816, which amended this section, in s. 6, provides: "Nothing in this act shall be construed to obligate the General Assembly to appropriate funds to implement the provisions of this act." Session Laws 2011-145, s. 19.1(h), provides, in part: "In any other instances in which the term 'Department of Correction' appears in the General Statutes, the Revisor of Statutes shall replace 'Department of Correction' with 'Division of Adult Correction', and in any other instances in which the word 'Department' is used to refer to the Department of Correction, the Revisor of Statutes shall delete the word 'Department' and substitute the word 'Division'." Pursuant to that authority, the Revisor of Statutes has directed that "Division of Adult Correction" be substituted for "Department of Correction" throughout this section. 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 2011-391, s. 43(f), effective July 1, 2011, amended Session Laws 2011-145, s. 19(h), by deleting "164-42" from the list of sections. The amendment to this section by Session Laws 2011-145, s. 19.1(h), which would have substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" effective January 1, 2012, never took effect. Effect of Amendments. - Session Laws 2009-372, s. 8, effective December 1, 2009, and applicable to offenses committed on or after that date, substituted "supervision" for "probation" near the end of subdivision (a)(4). Session Laws 2017-186, s. 2(nnnnnnnnn), effective December 1, 2017, inserted "and Juvenile Justice" throughout the section.