State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_148 > GS_148-57_1

§ 148‑57.1.  Restitutionas a condition of parole or post‑release supervision.

(a)        Repealed by SessionLaws 1985, c. 474, s. 5.

(b)        As a rehabilitativemeasure, the Post‑Release Supervision and Parole Commission is authorizedto require a prisoner to whom parole or post‑release supervision isgranted to make restitution or reparation to an aggrieved party as a conditionof parole or post‑release supervision when the sentencing courtrecommends that restitution or reparation to an aggrieved party be made a conditionof any parole or post‑release supervision granted the defendant. Whenimposing restitution as a condition and setting up a payment schedule for therestitution, the Post‑Release Supervision and Parole Commission shalltake into consideration the resources of the defendant, including all real andpersonal property owned by the defendant and the income derived from suchproperty, his ability to earn, and his obligation to support dependents. ThePost‑Release Supervision and Parole Commission shall not be bound by suchrecommendation, but if it elects not to implement the recommendation, it shallstate in writing the reasons therefor, and shall forward the same to thesentencing court.

(c)        When an activesentence is imposed, the court shall consider whether, as a rehabilitativemeasure, it should recommend to the Post‑Release Supervision and ParoleCommission that restitution or reparation by the defendant be made a conditionof any parole or post‑release supervision granted the defendant. If thecourt determines that restitution or reparation should not be recommended, itshall so indicate on the commitment. If, however, the court determines thatrestitution or reparation should be recommended, the court shall make itsrecommendation a part of the order committing the defendant to custody. Therecommendation shall be in accordance with the applicable provisions of Article81C of Chapter 15A of the General Statutes.  The Administrative Office of theCourts shall prepare and distribute forms which provide ample space to makerestitution or reparation recommendations incident to commitments, which formsshall be conveniently structured to enable the sentencing court to make itsrecommendation.

If the offense is one in whichthere is evidence of physical, mental or sexual abuse of a minor, the court mayorder, as a condition of parole or post‑release supervision, that thedefendant pay the cost of any rehabilitative treatment for the minor.

(d)        The Post‑ReleaseSupervision and Parole Commission shall establish rules and regulations toimplement this section, which shall include adequate notice to the prisonerthat the payment of restitution or reparation by the prisoner is beingconsidered as a condition of any parole or post‑release supervisiongranted the prisoner, and opportunity for the prisoner to be heard. Such rulesand regulations shall also provide additional methods whereby facts may beobtained to supplement the recommendation of the sentencing court. (1977,c. 614, s. 8; 1977, 2nd Sess., c. 1147, s. 36; 1985, c. 474, s. 5; 1987, c.397, s. 4; c. 598, s. 4; 1993, c. 538, s. 49; 1994, Ex. Sess., c. 24, s. 14(b);1998‑212, s. 19.4(h).)