§ 148-33.2. Restitution by prisoners with work-release privileges. - North Carolina Statutes

§148‑33.2.  Restitution by prisoners with work‑release privileges.

(a)        Repealed by SessionLaws 1985, c. 474, s. 4.

(b)        As a rehabilitativemeasure, the Secretary of the Department of Correction is authorized to requireany prisoner granted work‑release privileges to make restitution orreparation to an aggrieved party from any earnings gained by the defendantwhile on work release when the sentencing court recommends that restitution orreparation be paid by the defendant out of any earnings gained by the defendantif he is granted work‑release privileges and out of other resources ofthe defendant, including all real and personal property owned by the defendantand the income derived from such property. The Secretary shall not be bound bysuch recommendation, but if they elect not to implement the recommendation,they shall state in writing the reasons therefor, and shall forward the same tothe sentencing court.

(c)        When an activesentence is imposed, the court shall consider whether, as a rehabilitative measure,it should recommend to the Secretary of Correction that restitution orreparation be made by the defendant out of any earnings gained by the defendantif he is granted work‑release privileges and out of other resources ofthe defendant, including all real and personal property owned by the defendant,and income derived from such property. If the court determines that restitutionor reparation should not be recommended, it shall so indicate on thecommitment. If, however, the court determines that restitution or reparationshould be recommended, the court shall make its recommendation a part of theorder committing the defendant to custody. The recommendation shall be inaccordance with the applicable provisions of G.S. 15A‑1343(d) and Article81C of Chapter 15A of the General Statutes. If the offense is one in whichthere is evidence of physical, mental or sexual abuse of a minor, the court mayorder the defendant to pay from work release earnings the cost ofrehabilitative treatment for the minor. The Administrative Office of the Courtsshall prepare and distribute forms which provide ample space to makerestitution or reparation recommendations incident to commitments, which formsshall be conveniently structured to enable the sentencing court to make itsrecommendation.

(d)        The Secretary ofthe Department of Correction shall establish rules and regulations to implementthis section, which shall include adequate notice to the prisoner that thepayment of restitution or reparation from any earnings gained by the prisonerwhile on work release is being considered as a condition of any work‑releaseprivileges granted the prisoner, and opportunity for the prisoner to be heard.Such rules and regulations shall also provide additional methods whereby facts maybe obtained to supplement the recommendation of the sentencing court. (1977,c. 614, s. 7; 1977, 2nd Sess., c. 1147, s. 33; 1981, c. 541, ss. 4‑9;1985, c. 474, s. 4; 1987, c. 397, ss. 2, 3; c. 598, s. 5; 1998‑212, s.19.4(g).)