State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1368_4

§ 15A‑1368.4. Conditions of post‑release supervision.

(a)        In General. – Conditionsof post‑release supervision may be reintegrative in nature or designed tocontrol the supervisee's behavior and to enforce compliance with law orjudicial order. A supervisee may have his supervision period revoked for anyviolation of a controlling condition or for repeated violation of areintegrative condition. Compliance with reintegrative conditions may entitle asupervisee to earned time credits as described in G.S. 15A‑1368.2(d).

(b)        Required Condition.– The Commission shall provide as an express condition of every release thatthe supervisee not commit another crime during the period for which thesupervisee remains subject to revocation. A supervisee's failure to comply withthis controlling condition is a supervision violation for which the superviseemay face revocation as provided in G.S. 15A‑1368.3.

(b1)      Additional RequiredConditions for Sex Offenders and Persons Convicted of Offenses InvolvingPhysical, Mental, or Sexual Abuse of a Minor. – In addition to the requiredcondition set forth in subsection (b) of this section, for a supervisee who hasbeen convicted of an offense which is a reportable conviction as defined inG.S. 14‑208.6(4), or which involves the physical, mental, or sexual abuseof a minor, controlling conditions, violations of which may result inrevocation of post‑release supervision, are:

(1)        Register as requiredby G.S. 14‑208.7 if the offense is a reportable conviction as defined byG.S. 14‑208.6(4).

(2)        Participate in suchevaluation and treatment as is necessary to complete a prescribed course ofpsychiatric, psychological, or other rehabilitative treatment as ordered by theCommission.

(3)        Not communicatewith, be in the presence of, or found in or on the premises of the victim ofthe offense.

(4)        Not reside in ahousehold with any minor child if the offense is one in which there is evidenceof sexual abuse of a minor.

(5)        Not reside in ahousehold with any minor child if the offense is one in which there is evidenceof physical or mental abuse of a minor, unless a court of competentjurisdiction expressly finds that it is unlikely that the defendant's harmfulor abusive conduct will recur and that it would be in the child's best interestto allow the supervisee to reside in the same household with a minor child.

(6)        Submit to satellite‑basedmonitoring pursuant to Part 5 of Article 27A of Chapter 14 of the GeneralStatutes, if the offense is a reportable conviction as defined by G.S. 14‑208.6(4)and the supervisee is in the category described by G.S. 14‑208.40(a)(1).

(7)        Submit to satellite‑basedmonitoring pursuant to Part 5 of Article 27A of Chapter 14 of the GeneralStatutes, if the offense is a reportable conviction as defined by G.S. 14‑208.6(4)and the supervisee is in the category described by G.S. 14‑208.40(a)(2).

(8)        Submit at reasonabletimes to warrantless searches by a post‑release supervision officer ofthe supervisee's person and of the supervisee's vehicle and premises while thesupervisee is present, for purposes reasonably related to the post‑releasesupervision, but the supervisee may not be required to submit to any othersearch that would otherwise be unlawful. For purposes of this subdivision,warrantless searches of the supervisee's computer or other electronic mechanismwhich may contain electronic data shall be considered reasonably related to thepost‑release supervision. Whenever the warrantless search consists oftesting for the presence of illegal drugs, the supervisee may also be requiredto reimburse the Department of Correction for the actual cost of drug screeningand drug testing, if the results are positive.

(c)        DiscretionaryConditions. – The Commission, in consultation with the Division of CommunityCorrections, may impose conditions on a supervisee it believes reasonablynecessary to ensure that the supervisee will lead a law‑abiding life orto assist the supervisee to do so.

(d)        ReintegrativeConditions. – Appropriate reintegrative conditions, for which a supervisee mayreceive earned time credits against the length of the supervision period, andrepeated violation that may result in revocation of post‑releasesupervision, are:

(1)        Work faithfully atsuitable employment or faithfully pursue a course of study or vocationaltraining that will equip the supervisee for suitable employment.

(2)        Undergo availablemedical or psychiatric treatment and remain in a specified institution ifrequired for that purpose.

(3)        Attend or reside ina facility providing rehabilitation, instruction, recreation, or residence forpersons on post‑release supervision.

(4)        Support thesupervisee's dependents and meet other family responsibilities.

(5)        In the case of asupervisee who attended a basic skills program during incarceration, continueattending a basic skills program in pursuit of a General Education DevelopmentDegree or adult high school diploma.

(6)        Satisfy otherconditions reasonably related to reintegration into society.

(e)        ControllingConditions. – Appropriate controlling conditions, violation of which may resultin revocation of post‑release supervision, are:

(1)        Not use, possess, orcontrol any illegal drug or controlled substance unless it has been prescribedfor the supervisee by a licensed physician and is in the original containerwith the prescription number affixed on it; not knowingly associate with anyknown or previously convicted users, possessors, or sellers of any such illegaldrugs or controlled substances; and not knowingly be present at or frequent anyplace where such illegal drugs or controlled substances are sold, kept, orused.

(2)        Comply with a courtorder to pay the costs of reintegrative treatment for a minor and a minor'sparents or custodians where the offense involved evidence of physical, mental,or sexual abuse of a minor.

(3)        Comply with a courtorder to pay court costs and costs for appointed counsel or public defender inthe case for which the supervisee was convicted.

(4)        Not possess afirearm, destructive device, or other dangerous weapon unless granted writtenpermission by the Commission or a post‑release supervision officer.

(5)        Report to a post‑releasesupervision officer at reasonable times and in a reasonable manner, as directedby the Commission or a post‑release supervision officer.

(6)        Permit a post‑releasesupervision officer to visit at reasonable times at the supervisee's home orelsewhere.

(7)        Remain within thegeographic limits fixed by the Commission unless granted written permission toleave by the Commission or the post‑release supervision officer.

(8)        Answer allreasonable inquiries by the post‑release supervision officer and obtainprior approval from the post‑release supervision officer for any changein address or employment.

(9)        Promptly notify thepost‑release supervision officer of any change in address or employment.

(10)      Submit at reasonabletimes to searches of the supervisee's person by a post‑releasesupervision officer for purposes reasonably related to the post‑releasesupervision. The Commission shall not require as a condition of post‑releasesupervision that the supervisee submit to any other searches that wouldotherwise be unlawful. Whenever the search consists of testing for the presenceof illegal drugs, the supervisee may also be required to reimburse the Departmentof Correction for the actual cost of drug testing and drug screening, if theresults are positive.

(11)      Make restitution orreparation to an aggrieved party as provided in G.S. 148‑57.1.

(12)      Comply with an orderfrom a court of competent jurisdiction regarding the payment of an obligationof the supervisee in connection with any judgment rendered by the court.

(13)      Remain in one or morespecified places for a specified period or periods each day, and wear a devicethat permits the defendant's compliance with the condition to be monitoredelectronically.

(14)      Submit to supervisionby officers assigned to the Intensive Post‑Release Supervision Programestablished pursuant to G.S. 143B‑262(c), and abide by the rules adoptedfor that Program.

(e1)      ProhibitedConditions. – The Commission shall not impose community service as a conditionof post‑release supervision.

(f)         RequiredSupervision Fee. – The Commission shall require as a condition of post‑releasesupervision that the supervisee pay a supervision fee of thirty dollars($30.00) per month. The Commission may exempt a supervisee from this conditiononly if it finds that requiring payment of the fee is an undue economic burden.The fee shall be paid to the clerk of superior court of the county in which thesupervisee was convicted. The clerk shall transmit any money collected pursuantto this subsection to the State to be deposited in the State's General Fund. Inno event shall a supervisee be required to pay more than one supervision feeper month. (1993,c. 538, s. 20.1; 1994, Ex. Sess., c. 24, s. 14(b); 1996, 2nd Ex. Sess., c. 18,s. 20.14(b); 1997‑57, s. 6; 1997‑237, s. 6; 2001‑487, s.47(c); 2002‑126, s. 29A.2(b); 2006‑247, s. 15(g); 2007‑213,s. 9.)