§ 15A-1340.20. Procedure and incidents of sentence of imprisonment for misdemeanors. - North Carolina Statutes

Part 3. Misdemeanor Sentencing.

§ 15A‑1340.20. Procedure and incidents of sentence of imprisonment for misdemeanors.

(a)        Application toMisdemeanors Only. – This Part applies to sentences imposed for misdemeanorconvictions.

(b)        ProcedureGenerally; Term of Imprisonment. – A sentence imposed for a misdemeanor shallcontain a sentence disposition specified for the class of offense and priorconviction level, and any sentence of imprisonment shall be within the rangespecified for the class of offense and prior conviction level, unlessapplicable statutes require otherwise. The kinds of sentence dispositions areactive punishment, intermediate punishment, and community punishment. Exceptfor the work and earned time credits authorized by G.S. 162‑60, or earnedtime credits authorized by G.S. 15A‑1355(c), if applicable, an offenderwhose sentence of imprisonment is activated shall serve each day of the termimposed.

(c)        Suspension ofSentence. – Unless otherwise provided, the court shall suspend a sentence of imprisonmentif the class of offense and prior conviction level requires community orintermediate punishment as a sentence disposition.

(c1)      Active PunishmentException. – The court may impose an active punishment for a class of offenseand prior conviction level that does not otherwise authorize the imposition ofan active punishment if the term of imprisonment is equal to or less than thetotal amount of time the offender has already spent committed to or inconfinement in any State or local correctional, mental, or other institution asa result of the charge that culminated in the sentence.

(d)        Earned TimeAuthorization. – An offender sentenced to a term of imprisonment that isactivated is eligible to receive earned time credit for misdemeanant offendersawarded by the Department of Correction or the custodian of a local confinementfacility, pursuant to rules adopted in accordance with law and pursuant to G.S.162‑60. These rules and statute combined shall not award misdemeanantoffenders more than four days of earned time credit per month of incarceration.(1993, c. 538, s. 1; 1994, Ex. Sess., c. 24, s. 14(b); 1993 (Reg.Sess., 1994), c. 767, s. 1; 1997‑79, s. 1.)