State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_148 > GS_148-59

§ 148‑59.  Duties ofclerks of superior courts as to commitments; statements filed with Departmentof Correction.

The several clerks of thesuperior courts shall attach to the commitment of each prisoner sentenced insuch courts a statement furnishing such information as the Post‑ReleaseSupervision and Parole Commission shall by regulations prescribe, whichinformation shall contain, among other things, the following:

(1)        The court in whichthe prisoner was tried;

(2)        The name of theprisoner and of all codefendants;

(3)        The date or sessionwhen the prisoner was tried;

(4)        The offense withwhich the prisoner was charged and the offense for which convicted;

(5)        The judgment of thecourt and the date of the beginning of the sentence;

(6)        The name and addressof the presiding judge;

(7)        The name and addressof the prosecuting solicitor;

(8)        The name and addressof private prosecuting attorney, if any;

(9)        The name and addressof the arresting officer;

(10)      All availableinformation of the previous criminal record of the prisoner; and

(11)      For all Class G ormore serious felonies, the names and addresses of the following persons, wherethe presiding judge makes a finding of such facts:

a.         Any victims of theoffense for which the prisoner was convicted;

b.         The parent or legalguardian of any minor victims of the offense for which the prisoner wasconvicted; and

c.         The next of kin ofany homicide victims of the offense for which the prisoner was convicted.

The prison authoritiesreceiving the prisoner for the beginning of the service of sentence shalldetach from the commitment the statement furnishing such information andforward it to the Department of Correction, together with any additionalinformation in the possession of such prison authorities relating to the previouscriminal record of such prisoner, and the information thus furnished shallconstitute the foundation and file of the prisoner's case.  Forms forfurnishing the information required by this section shall, upon request, befurnished to the said clerks by the State Department of Correction withoutcharge. (1935, c. 414, s. 9; 1953, c. 17, s. 2; 1955, c. 867,s. 12; 1957, c. 349, s. 10; 1967, c. 996, s. 13; 1973, c. 108, s. 90; c. 1262,s. 10; 1993, c. 538, s. 50; 1994, Ex. Sess., c. 12, c. 24, s. 14(b).)