State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-266

Part 3. Parole Commission.

§ 143B‑266.  Post‑ReleaseSupervision and Parole Commission – creation, powers and duties.

(a)        There is herebycreated a Post‑Release Supervision and Parole Commission of theDepartment of Correction with the authority to grant paroles, including bothregular and temporary paroles, to persons held by virtue of any final order orjudgment of any court of this State as provided in Chapter 148 of the GeneralStatutes and laws of the State of North Carolina, except that persons sentencedunder Article 81B of Chapter 15A of the General Statutes are not eligible forparole but may be conditionally released into the custody and control of UnitedStates Immigration and Customs Enforcement pursuant to G.S. 148‑64.1. TheCommission shall also have authority to revoke, terminate, and suspend parolesof such persons (including persons placed on parole on or before the effectivedate of the Executive Organization Act of 1973) and to assist the Governor inexercising his authority in granting reprieves, commutations, and pardons, andshall perform such other services as may be required by the Governor inexercising his powers of executive clemency. The Commission shall also haveauthority to revoke and terminate persons on post‑release supervision, asprovided in Article 84A of Chapter 15A of the General Statutes.

(b)        All releasingauthority previously resting in the Commissioner and Commission of Correctionwith the exception of authority for extension of the limits of the place ofconfinement of a prisoner contained in G.S. 148‑4 is hereby transferredto the Post‑Release Supervision and Parole Commission. Specifically, suchreleasing authority includes work release (G.S. 148‑33.1), indeterminate‑sentencerelease (G.S. 148‑42), and release of youthful offenders (G.S. 148‑49.8),provided the individual considered for work release or indeterminate‑sentencerelease shall have been recommended for release by the Secretary of Correctionor his designee. No recommendation for release is required for conditionalrelease pursuant to G.S. 148‑64.1.

(c)        The Commission isauthorized and empowered to adopt such rules and regulations, not inconsistentwith the laws of this State, in accordance with which prisoners eligible forparole consideration may have their cases reviewed and investigated and bywhich such proceedings may be initiated and considered. All rules andregulations heretofore adopted by the Board of Paroles shall remain in fullforce and effect unless and until repealed or superseded by action of the Post‑ReleaseSupervision and Parole Commission. All rules and regulations adopted by theCommission shall be enforced by the Department of Correction.

(d)        The Commission isauthorized and empowered to impose as a condition of parole or post‑releasesupervision that restitution or reparation be made by the prisoner inaccordance with the provisions of G.S. 148‑57.1. The Commission isfurther authorized and empowered to make restitution or reparation a conditionof work release in accordance with the provisions of G.S. 148‑33.2.

(e)        The Commission mayaccept and review requests from persons placed on probation, parole, or post‑releasesupervision to terminate a mandatory condition of satellite‑basedmonitoring as provided by G.S. 14‑208.43. The Commission may grant ordeny those requests in compliance with G.S. 14‑208.43.  (1973, c. 1262, s. 8; 1975,c. 220; 1977, c. 614, s. 5; c. 732, s. 5; 1993, c. 538, s. 42; 1994, Ex. Sess.,c. 21, s. 6; c. 24, s. 14(b); 2006‑247, s. 15(i); 2007‑213, s. 14;2008‑199, s. 2.)