(a) The Commissionshall recommend structures for use by a sentencing court in determining themost appropriate sentence to be imposed in a criminal case, including:
(1) Imposition of anactive term of imprisonment;
(2) Imposition of a termof probation;
(3) Suspension of asentence to imprisonment and imposition of probation with conditions, includingthe appropriate probation option or options, including house arrest, regularprobation, intensive supervision, restitution, and community service;
(4) Based upon thecombination of offense and defendant characteristics in each case, thepresumptively appropriate length of a term of probation, or a term ofimprisonment;
(5) Ordering multiplesentences to terms of imprisonment to run concurrently or consecutively;
(6) For a sentence toprobation without a suspended sentence to imprisonment, the maximum term ofconfinement to be imposed if the defendant violates the conditions ofprobation.
(b) The sentencingstructures shall be consistent with the goals, policies, and purposes of thecriminal justice and corrections systems, as set forth in Sections 2 and 3 ofthe Sentencing and Policy Advisory Commission Act of 1990. As part of its work,the Commission shall offer recommendations for the incorporation of thosesections into the sentencing laws of North Carolina. In formulating structures,the Commission also shall consider:
(1) The nature andcharacteristics of the offense;
(2) The severity of theoffense in relation to other offenses;
(3) The characteristicsof the defendant that mitigate or aggravate the seriousness of his criminalconduct and the punishment deserved therefor;
(4) The defendant'snumber of prior convictions;
(5) The availableresources and constitutional capacity of the Department of Correction, localconfinement facilities, and community‑based sanctions;
(6) The rights of thevictims;
(7) That felonyoffenders sentenced to an active term of imprisonment, or whose suspendedsentence to imprisonment is activated, should serve a designated minimumpercentage of their sentences before they are eligible for parole; and
(8) That misdemeanoroffenders sentenced to an active term of imprisonment, or whose suspendedsentence to imprisonment is activated, should serve a designated minimumpercentage of their sentence before they are eligible for parole.
(c) The Commissionshall also consider the policy issues set forth in G.S. 164‑42.1 indeveloping its sentencing structures.
(d) The Commissionshall include with each set of sentencing structures a statement of itsestimate of the effect of the sentencing structures on the Department ofCorrection and local facilities, both in terms of fiscal impact and on inmatepopulation. If the Commission finds that the proposed sentencing structureswill result in inmate populations in the Department of Correction and localconfinement facilities that exceed the standard operating capacity, then theCommission shall present an additional set of structures that are consistentwith that capacity. For purposes of this subsection, "standard operatingcapacity" means the total capacity expected to be available in both localconfinement facilities and in the Department of Correction once all theproceeds of bonds authorized by Chapter 933 of the 1989 Session Laws andChapter 935 of the 1989 Session Laws have been expended for the construction ofprison facilities. (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.)
(a) The Commissionshall recommend structures for use by a sentencing court in determining themost appropriate sentence to be imposed in a criminal case, including:
(1) Imposition of anactive term of imprisonment;
(2) Imposition of a termof probation;
(3) Suspension of asentence to imprisonment and imposition of probation with conditions, includingthe appropriate probation option or options, including house arrest, regularprobation, intensive supervision, restitution, and community service;
(4) Based upon thecombination of offense and defendant characteristics in each case, thepresumptively appropriate length of a term of probation, or a term ofimprisonment;
(5) Ordering multiplesentences to terms of imprisonment to run concurrently or consecutively;
(6) For a sentence toprobation without a suspended sentence to imprisonment, the maximum term ofconfinement to be imposed if the defendant violates the conditions ofprobation.
(b) The sentencingstructures shall be consistent with the goals, policies, and purposes of thecriminal justice and corrections systems, as set forth in Sections 2 and 3 ofthe Sentencing and Policy Advisory Commission Act of 1990. As part of its work,the Commission shall offer recommendations for the incorporation of thosesections into the sentencing laws of North Carolina. In formulating structures,the Commission also shall consider:
(1) The nature andcharacteristics of the offense;
(2) The severity of theoffense in relation to other offenses;
(3) The characteristicsof the defendant that mitigate or aggravate the seriousness of his criminalconduct and the punishment deserved therefor;
(4) The defendant'snumber of prior convictions;
(5) The availableresources and constitutional capacity of the Department of Correction, localconfinement facilities, and community‑based sanctions;
(6) The rights of thevictims;
(7) That felonyoffenders sentenced to an active term of imprisonment, or whose suspendedsentence to imprisonment is activated, should serve a designated minimumpercentage of their sentences before they are eligible for parole; and
(8) That misdemeanoroffenders sentenced to an active term of imprisonment, or whose suspendedsentence to imprisonment is activated, should serve a designated minimumpercentage of their sentence before they are eligible for parole.
(c) The Commissionshall also consider the policy issues set forth in G.S. 164‑42.1 indeveloping its sentencing structures.
(d) The Commissionshall include with each set of sentencing structures a statement of itsestimate of the effect of the sentencing structures on the Department ofCorrection and local facilities, both in terms of fiscal impact and on inmatepopulation. If the Commission finds that the proposed sentencing structureswill result in inmate populations in the Department of Correction and localconfinement facilities that exceed the standard operating capacity, then theCommission shall present an additional set of structures that are consistentwith that capacity. For purposes of this subsection, "standard operatingcapacity" means the total capacity expected to be available in both localconfinement facilities and in the Department of Correction once all theproceeds of bonds authorized by Chapter 933 of the 1989 Session Laws andChapter 935 of the 1989 Session Laws have been expended for the construction ofprison facilities. (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.)
(a) The Commissionshall recommend structures for use by a sentencing court in determining themost appropriate sentence to be imposed in a criminal case, including:
(1) Imposition of anactive term of imprisonment;
(2) Imposition of a termof probation;
(3) Suspension of asentence to imprisonment and imposition of probation with conditions, includingthe appropriate probation option or options, including house arrest, regularprobation, intensive supervision, restitution, and community service;
(4) Based upon thecombination of offense and defendant characteristics in each case, thepresumptively appropriate length of a term of probation, or a term ofimprisonment;
(5) Ordering multiplesentences to terms of imprisonment to run concurrently or consecutively;
(6) For a sentence toprobation without a suspended sentence to imprisonment, the maximum term ofconfinement to be imposed if the defendant violates the conditions ofprobation.
(b) The sentencingstructures shall be consistent with the goals, policies, and purposes of thecriminal justice and corrections systems, as set forth in Sections 2 and 3 ofthe Sentencing and Policy Advisory Commission Act of 1990. As part of its work,the Commission shall offer recommendations for the incorporation of thosesections into the sentencing laws of North Carolina. In formulating structures,the Commission also shall consider:
(1) The nature andcharacteristics of the offense;
(2) The severity of theoffense in relation to other offenses;
(3) The characteristicsof the defendant that mitigate or aggravate the seriousness of his criminalconduct and the punishment deserved therefor;
(4) The defendant'snumber of prior convictions;
(5) The availableresources and constitutional capacity of the Department of Correction, localconfinement facilities, and community‑based sanctions;
(6) The rights of thevictims;
(7) That felonyoffenders sentenced to an active term of imprisonment, or whose suspendedsentence to imprisonment is activated, should serve a designated minimumpercentage of their sentences before they are eligible for parole; and
(8) That misdemeanoroffenders sentenced to an active term of imprisonment, or whose suspendedsentence to imprisonment is activated, should serve a designated minimumpercentage of their sentence before they are eligible for parole.
(c) The Commissionshall also consider the policy issues set forth in G.S. 164‑42.1 indeveloping its sentencing structures.
(d) The Commissionshall include with each set of sentencing structures a statement of itsestimate of the effect of the sentencing structures on the Department ofCorrection and local facilities, both in terms of fiscal impact and on inmatepopulation. If the Commission finds that the proposed sentencing structureswill result in inmate populations in the Department of Correction and localconfinement facilities that exceed the standard operating capacity, then theCommission shall present an additional set of structures that are consistentwith that capacity. For purposes of this subsection, "standard operatingcapacity" means the total capacity expected to be available in both localconfinement facilities and in the Department of Correction once all theproceeds of bonds authorized by Chapter 933 of the 1989 Session Laws andChapter 935 of the 1989 Session Laws have been expended for the construction ofprison facilities. (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.)
