GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 91
AN ACT TO MODIFY THE PRISON POPULATION CAP.
The General Assembly of North Carolina enacts:
Section 1. Effective June 1, 1993, G.S. 148-4.1(d) reads as rewritten:
"(d) If the number of
prisoners housed in facilities owned or operated by the State of North Carolina
for the Division of Prisons exceeds ninety-eight percent (98%) of 20,900 21,200
for 15 consecutive days, the Secretary of Correction shall notify the
Governor and the Chairman of the Parole Commission of this fact. Upon receipt
of this notification, the Parole Commission shall within 90 days release on
parole a number of inmates sufficient to reduce the prison population to
ninety-seven percent (97%) of 20,900. 21,200.
From the date of the notification until the prison population
has been reduced to ninety-seven percent (97%) of 20,900, 21,200, the
Secretary may not accept any inmates ordered transferred from local confinement
facilities to the State prison system under G.S. 148-32.1(b). Further, the
Secretary may return any inmate housed in the State prison system under an
order entered pursuant to G.S. 148-32.1(b) to the local confinement facility
from which the inmate was transferred."
Sec. 2. Effective June 1, 1993, G.S. 148-4.1(e) reads as rewritten:
"(e) In addition to those
persons otherwise eligible for parole, from the date of notification in
subsection (d) until the prison population has been reduced to ninety-seven
percent (97%) of 20,900, 21,200, any person imprisoned only for a
misdemeanor also shall be eligible for parole and immediate termination upon
admission, notwithstanding any other provision of law, except:
(1) Those persons convicted under G.S. 20-138.1 of driving while impaired or any offense involving impaired driving, and
(2) Those persons convicted pursuant to G.S. 130A-25 of failing to obtain the treatment required by Part 3 or Part 5 of Article 6 of Chapter 130A or of violating G.S. 130A-144(f) or G.S. 130A-145."
Sec. 3. Effective June 1, 1993, G.S. 148-4.1(f) reads as rewritten:
"(f) In complying with the
mandate of subsection (d), the Parole Commission may exercise the discretion
granted to refuse parole by G.S. 15A-1371 in selecting felons to be paroled
under this section so long as the prison population does not exceed 20,900. 21,200."
Sec. 4. Effective December 1, 1993, G.S. 148-4.1(d), as rewritten by Section 1 of this act, reads as rewritten:
"(d) If the number of
prisoners housed in facilities owned or operated by the State of North Carolina
for the Division of Prisons exceeds ninety-eight percent (98%) of 21,200 21,400
for 15 consecutive days, the Secretary of Correction shall notify the
Governor and the Chairman of the Parole Commission of this fact. Upon receipt
of this notification, the Parole Commission shall within 90 days release on
parole a number of inmates sufficient to reduce the prison population to
ninety-seven percent (97%) of 21,200. 21,400.
From the date of the notification until the prison population
has been reduced to ninety-seven percent (97%) of 21,200, 21,400, the
Secretary may not accept any inmates ordered transferred from local confinement
facilities to the State prison system under G.S. 148-32.1(b). Further, the
Secretary may return any inmate housed in the State prison system under an
order entered pursuant to G.S. 148-32.1(b) to the local confinement facility
from which the inmate was transferred."
Sec. 5. Effective December 1, 1993, G.S. 148-4.1(e), as rewritten by Section 2 of this act, reads as rewritten:
"(e) In addition to those
persons otherwise eligible for parole, from the date of notification in
subsection (d) until the prison population has been reduced to ninety-seven
percent (97%) of 21,200, 21,400, any person imprisoned only for a
misdemeanor also shall be eligible for parole and immediate termination upon
admission, notwithstanding any other provision of law, except:
(1) Those persons convicted under G.S. 20-138.1 of driving while impaired or any offense involving impaired driving, and
(2) Those persons convicted pursuant to G.S. 130A-25 of failing to obtain the treatment required by Part 3 or Part 5 of Article 6 of Chapter 130A or of violating G.S. 130A-144(f) or G.S. 130A-145."
Sec. 6. Effective December 1, 1993, G.S. 148-4.1(f), as rewritten by Section 3 of this act, reads as rewritten:
"(f) In complying with the
mandate of subsection (d), the Parole Commission may exercise the discretion
granted to refuse parole by G.S. 15A-1371 in selecting felons to be paroled
under this section so long as the prison population does not exceed 21,200. 21,400."
Sec. 7. Effective April 1, 1994, G.S. 148-4.1(d), as rewritten by Section 4 of this act, reads as rewritten:
"(d) If the number of
prisoners housed in facilities owned or operated by the State of North Carolina
for the Division of Prisons exceeds ninety-eight percent (98%) of 21,400 21,500
for 15 consecutive days, the Secretary of Correction shall notify the
Governor and the Chairman of the Parole Commission of this fact. Upon receipt
of this notification, the Parole Commission shall within 90 days release on
parole a number of inmates sufficient to reduce the prison population to
ninety-seven percent (97%) of 21,400. 21,500.
From the date of the notification until the prison population
has been reduced to ninety-seven percent (97%) of 21,400, 21,500, the
Secretary may not accept any inmates ordered transferred from local confinement
facilities to the State prison system under G.S. 148-32.1(b). Further, the
Secretary may return any inmate housed in the State prison system under an
order entered pursuant to G.S. 148-32.1(b) to the local confinement facility
from which the inmate was transferred."
Sec. 8. Effective April 1, 1994, G.S. 148-4.1(e), as rewritten by Section 5 of this act, reads as rewritten:
"(e) In addition to those
persons otherwise eligible for parole, from the date of notification in subsection
(d) until the prison population has been reduced to ninety-seven percent (97%)
of 21,400, 21,500, any person imprisoned only for a
misdemeanor also shall be eligible for parole and immediate termination upon
admission, notwithstanding any other provision of law, except:
(1) Those persons convicted under G.S. 20-138.1 of driving while impaired or any offense involving impaired driving, and
(2) Those persons convicted pursuant to G.S. 130A-25 of failing to obtain the treatment required by Part 3 or Part 5 of Article 6 of Chapter 130A or of violating G.S. 130A-144(f) or G.S. 130A-145."
Sec. 9. Effective April 1, 1994, G.S. 148-4.1(f), as rewritten by Section 6 of this act, reads as rewritten:
"(f) In complying with the
mandate of subsection (d), the Parole Commission may exercise the discretion
granted to refuse parole by G.S. 15A-1371 in selecting felons to be paroled
under this section so long as the prison population does not exceed 21,400. 21,500."
Sec. 10. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 1st day of June, 1993.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives