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§ 148-64.1. Early conditional release of inmates subject to a removal order; revocation of release.

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§ 148‑64.1.  Earlyconditional release of inmates subject to a removal order; revocation ofrelease.(a)        Eligibility forEarly Release. – Notwithstanding any other provision of law, the Post‑ReleaseSupervision and Parole Commission may conditionally release an inmate into thecustody and control of United States Immigration and Customs Enforcement if allof the following requirements are satisfied:(1)        The Department ofCorrection has received a final order of removal for the inmate from UnitedStates Immigration and Customs Enforcement.(2)        The inmate wasconvicted of a nonviolent criminal offense and is incarcerated for thatoffense. If the inmate was convicted of and is incarcerated for more than oneoffense, then all of the offenses of which the inmate was convicted and isincarcerated must be nonviolent criminal offenses. As used in this subdivision,the term "nonviolent criminal offense" means a conviction for animpaired driving offense or a felony violation of any of the following:a.         G.S. 14‑54.b.         G.S. 14‑56.c.         G.S. 14‑71.1.d.         G.S. 14‑100,where the thing of value is less than one hundred thousand dollars ($100,000).e.         G.S. 90‑95(d)(4).(3)        The inmate hasserved at least half of the minimum sentence imposed by the court or, in thecase of an inmate convicted of an impaired driving offense under G.S. 20‑138.1,the inmate has met all of the parole eligibility requirements under G.S. 15A‑1371,notwithstanding G.S. 20‑179(p)(3).(4)        The inmate was notconvicted of an impaired driving offense resulting in death or serious bodilyinjury, as that term is defined in G.S. 14‑32.4.(5)        The inmate agreesnot to reenter the United States unlawfully.(b)        Release IsDiscretionary. – The decision to release an inmate once the requirements ofsubsection (a) of this section are satisfied is in the sole, unappealablediscretion of the Post‑Release Supervision and Parole Commission.(c)        Return of Inmates.– In the event that the United States Immigration and Customs Enforcement isunable to or does not deport the inmate, the inmate shall be returned to thecustody of the Department of Correction to serve the remainder of the originalsentence.(d)        Unlawful ReentryConstitutes Violation. – An inmate released pursuant to this section whoreturns unlawfully and willfully to the United States violates the conditionsof the inmate's early release.(e)        Arrest Authority. –An inmate who violates the conditions of the inmate's early release is subjectto arrest by a law enforcement officer.(f)         Effect ofViolation. – Upon notification from any federal or state law enforcement agencythat the inmate is in custody, and after notice and opportunity to be heard,the Post‑Release Supervision and Parole Commission shall revoke theinmate's release and reimprison the inmate for a period equal to the inmate'smaximum sentence minus time already served by the inmate upon a finding that aninmate has violated the conditions of the inmate's early release.(g)        ViolatorsIneligible for Future Release. – Upon revocation of release under this subsection,the inmate shall not be eligible for any future release under this section orfor any other release from confinement, other than post‑releasesupervision, until the remainder of the sentence of imprisonment is served.  (2008‑199, s. 3.)
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  • § 148‑64.1.  Earlyconditional release of inmates subject to a removal order; revocation ofrelease.

    (a)        Eligibility forEarly Release. – Notwithstanding any other provision of law, the Post‑ReleaseSupervision and Parole Commission may conditionally release an inmate into thecustody and control of United States Immigration and Customs Enforcement if allof the following requirements are satisfied:

    (1)        The Department ofCorrection has received a final order of removal for the inmate from UnitedStates Immigration and Customs Enforcement.

    (2)        The inmate wasconvicted of a nonviolent criminal offense and is incarcerated for thatoffense. If the inmate was convicted of and is incarcerated for more than oneoffense, then all of the offenses of which the inmate was convicted and isincarcerated must be nonviolent criminal offenses. As used in this subdivision,the term "nonviolent criminal offense" means a conviction for animpaired driving offense or a felony violation of any of the following:

    a.         G.S. 14‑54.

    b.         G.S. 14‑56.

    c.         G.S. 14‑71.1.

    d.         G.S. 14‑100,where the thing of value is less than one hundred thousand dollars ($100,000).

    e.         G.S. 90‑95(d)(4).

    (3)        The inmate hasserved at least half of the minimum sentence imposed by the court or, in thecase of an inmate convicted of an impaired driving offense under G.S. 20‑138.1,the inmate has met all of the parole eligibility requirements under G.S. 15A‑1371,notwithstanding G.S. 20‑179(p)(3).

    (4)        The inmate was notconvicted of an impaired driving offense resulting in death or serious bodilyinjury, as that term is defined in G.S. 14‑32.4.

    (5)        The inmate agreesnot to reenter the United States unlawfully.

    (b)        Release IsDiscretionary. – The decision to release an inmate once the requirements ofsubsection (a) of this section are satisfied is in the sole, unappealablediscretion of the Post‑Release Supervision and Parole Commission.

    (c)        Return of Inmates.– In the event that the United States Immigration and Customs Enforcement isunable to or does not deport the inmate, the inmate shall be returned to thecustody of the Department of Correction to serve the remainder of the originalsentence.

    (d)        Unlawful ReentryConstitutes Violation. – An inmate released pursuant to this section whoreturns unlawfully and willfully to the United States violates the conditionsof the inmate's early release.

    (e)        Arrest Authority. –An inmate who violates the conditions of the inmate's early release is subjectto arrest by a law enforcement officer.

    (f)         Effect ofViolation. – Upon notification from any federal or state law enforcement agencythat the inmate is in custody, and after notice and opportunity to be heard,the Post‑Release Supervision and Parole Commission shall revoke theinmate's release and reimprison the inmate for a period equal to the inmate'smaximum sentence minus time already served by the inmate upon a finding that aninmate has violated the conditions of the inmate's early release.

    (g)        ViolatorsIneligible for Future Release. – Upon revocation of release under this subsection,the inmate shall not be eligible for any future release under this section orfor any other release from confinement, other than post‑releasesupervision, until the remainder of the sentence of imprisonment is served.  (2008‑199, s. 3.)

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