State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1373

§15A‑1373.  Incidents of parole.

(a)        Conditionality ofParole. – Unless terminated sooner as provided in subsection (b), paroleremains conditional and subject to revocation.

(b)        Early Termination.– The Post‑Release Supervision and Parole Commission may terminate aperiod of parole and discharge the parolee at any time after the expiration ofone year of successful parole if warranted by the conduct of the parolee andthe ends of justice.

(c)        Modification ofConditions. – The Post‑Release Supervision and Parole Commission may forgood cause shown modify the conditions of parole at any time prior to theexpiration or termination of the period for which the parole remainsconditional.

(d)        Effect ofViolation. – If the parolee violates a condition at any time prior to theexpiration or termination of the period, the Commission may continue him on theexisting parole, with or without modifying the conditions, or, if continuationor modification is not appropriate, may revoke the parole as provided in G.S.15A‑1376 and reimprison the parolee for a term consistent with thefollowing requirements:

(1)        The time the paroleewas at liberty on parole and in compliance with all terms and conditions ofthat parole shall be credited on a day‑for‑day basis against themaximum term of imprisonment imposed by the court under G.S. 15A‑1351,except that the parolee shall receive no credit for the last six months of hisparole.

(2)        The prisoner must begiven credit against the term of reimprisonment for all time spent in custodyas a result of revocation proceedings under G.S. 15A‑1376.

(e)        Re‑parole. –A prisoner who has been reimprisoned following parole may be re‑paroledby the Post‑Release Supervision and Parole Commission subject to theprovisions which govern initial parole.  In the event that a defendant servesthe final six months of his maximum imprisonment as a result of beingrecommitted for violation of parole, he may not be required to serve a furtherperiod on parole.

(f)         Timing ofRevocation. – The Post‑Release Supervision and Parole Commission mayrevoke parole for violation of a condition during the period of parole.  TheCommission also may revoke following the period of parole if:

(1)        Before theexpiration of the period of parole, the Commission has recorded its intent toconduct a revocation hearing, and

(2)        The Commission findsthat every reasonable effort has been made to notify the parolee and conductthe hearing earlier. (1977, c. 711, s. 1; 1979, c. 927; 1991, c. 217, s. 2;1993, c. 538, s. 38; 1994, Ex. Sess., c. 24, s. 14(b).)