State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1374

§ 15A‑1374.  Conditionsof parole.

(a)        In General. – ThePost‑Release Supervision and Parole Commission may in its discretionimpose conditions of parole it believes reasonably necessary to insure that theparolee will lead a law‑abiding life or to assist him to do so. TheCommission must provide as an express condition of every parole that theparolee not commit another crime during the period for which the parole remainssubject to revocation. When the Commission releases a person on parole, it mustgive him a written statement of the conditions on which he is being released.

(a1)      Required Conditionsfor Certain Offenders. – A person serving a term of imprisonment for animpaired driving offense sentenced pursuant to G.S. 20‑179 that:

(1)        Has completed anyrecommended treatment or training program required by G.S. 20‑179(p)(3);and

(2)        Is not being paroledto a residential treatment program;

shall, as a condition of parole,receive community service parole pursuant to G.S. 15A‑1371(h), or berequired to comply with subdivision (b)(8a) of this section.

(b)        AppropriateConditions. – As conditions of parole, the Commission may require that theparolee comply with one or more of the following conditions:

(1)        Work faithfully atsuitable employment or faithfully pursue a course of study or vocationaltraining that will equip him 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 parole.

(4)        Support hisdependents and meet other family responsibilities.

(5)        Refrain frompossessing a firearm, destructive device, or other dangerous weapon unlessgranted written permission by the Commission or the parole officer.

(6)        Report to a paroleofficer at reasonable times and in a reasonable manner, as directed by theCommission or the parole officer.

(7)        Permit the paroleofficer to visit him at reasonable times at his home or elsewhere.

(8)        Remain within thegeographic limits fixed by the Commission unless granted written permission toleave by the Commission or the parole officer.

(8a)      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.

(8b)      Remain alcohol free,and prove such abstinence through evaluation by a continuous alcohol monitoringsystem of a type approved by the Department of Correction.

(9)        Answer allreasonable inquiries by the parole officer and obtain prior approval from theparole officer for any change in address or employment.

(10)      Promptly notify theparole officer of any change in address or employment.

(11)      Submit at reasonabletimes to warrantless searches by a parole officer of the parolee's person andof the parolee's vehicle and premises while the parolee is present, forpurposes reasonably related to the parole supervision. The Commission may notrequire as a condition of parole that the parolee submit to any other searchesthat would otherwise be unlawful. If the parolee has been convicted of anoffense which is a reportable conviction as defined in G.S. 14‑208.6(4),or which involves the physical, mental, or sexual abuse of a minor, warrantlesssearches of the parolee's computer or other electronic mechanism which maycontain electronic data shall be considered reasonably related to the parolesupervision. Whenever the search consists of testing for the presence ofillegal drugs, the parolee may also be required to reimburse the Department ofCorrection for the actual cost of drug testing and drug screening, if theresults are positive.

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

(11b)    Comply with an orderfrom a court of competent jurisdiction regarding the payment of an obligationof the parolee in connection with any judgment rendered by the court.

(11c)    In the case of aparolee who was attending a basic skills program during incarceration, continueattending a basic skills program in pursuit of a General Education DevelopmentDegree or adult high school diploma.

(12)      Satisfy otherconditions reasonably related to his rehabilitation.

(b1)      Mandatory Satellite‑BasedMonitoring Required as Condition of Parole for Certain Offenders. – If aparolee is in a category described by G.S. 14‑208.40(a)(1) or G.S. 14‑208.40(a)(2),the Commission must require as a condition of parole that the parolee submit tosatellite‑based monitoring pursuant to Part 5 of Article 27A of Chapter14 of the General Statutes.

(c)        Supervision Fee. – TheCommission must require as a condition of parole that the parolee pay asupervision fee of thirty dollars ($30.00) per month. The Commission may exempta parolee from this condition of parole only if it finds that requiring him topay the fee will constitute an undue economic burden. The fee must be paid tothe clerk of superior court of the county in which the parolee was convicted.The clerk must transmit any money collected pursuant to this subsection to theState to be deposited in the general fund of the State. In no event shall aperson released on parole be required to pay more than one supervision fee permonth.

(d)        Any fees or costspaid by the parolee in order to comply with the imposition of subdivision (8b)of subsection (b) of this section shall be paid to the clerk of court for thecounty in which the parolee was convicted. Fees or costs collected under thissubsection shall be transmitted to the entity providing the continuous alcoholmonitoring system. (1977,c. 711, s. 1; 1979, c. 749, s. 11; 1983, c. 562; 1985, c. 474, s. 6; 1987, c.579, s. 3; c. 830, s. 17; 1989 (Reg. Sess., 1990), c. 1034, s. 2; 1991, c. 54,s. 1; 1991 (Reg. Sess., 1992), c. 1000, s. 2; 1993, c. 538, s. 39; 1994, Ex.Sess., c. 24, s. 14(b); 2002‑126, s. 29A.2(c); 2006‑247, s. 15(h);2006‑253, s. 27; 2007‑165, ss. 4, 5; 2007‑213, s. 8.)