§ 15A-1368.3. Incidents of post-release supervision. - North Carolina Statutes

§15A‑1368.3.  Incidents of post‑release supervision.

(a)        Conditionality. –Post‑release supervision is conditional and subject to revocation.

(b)        Modification. – TheCommission may for good cause shown modify the conditions of post‑releasesupervision at any time before the termination of the supervision period.

(c)        Effect ofViolation. – If the supervisee violates a condition, described in G.S. 15A‑1368.4,at any time before the termination of the supervision period, the Commissionmay continue the supervisee on the existing supervision, with or withoutmodifying the conditions, or if continuation or modification is notappropriate, may revoke post‑release supervision as provided in G.S. 15A‑1368.6and reimprison the supervisee for a term consistent with the followingrequirements:

(1)        The supervisee willbe returned to prison up to the time remaining on his maximum imposed term.

(2)        The supervisee shallnot receive any credit for days on post‑release supervision against themaximum term of imprisonment imposed by the court under G.S. 15A‑1340.13.

(3)        Pursuant to Article19A of Chapter 15, the Department of Correction shall award a prisoner creditagainst any term of reimprisonment for all time spent in custody as a result ofrevocation proceedings under G.S. 15A‑1368.6.

(4)        The prisoner iseligible to receive earned time credit against the maximum prison term asprovided in G.S. 15A‑1340.13(d) for time served in prison after therevocation.

(d)        Re‑ReleaseAfter Revocation of Post‑Release Supervision. – A prisoner who has beenreimprisoned prior to completing a post‑release supervision period mayagain be released on post‑release supervision by the Commission subjectto the provisions which govern initial release.

(e)        Timing ofRevocation. – The Commission may revoke post‑release supervision forviolation of a condition during the period of supervision. The Commission mayalso revoke post‑release supervision following a period of supervisionif:

(1)        Before theexpiration of the period of post‑release supervision, the Commission hasrecorded its intent to conduct a revocation hearing; and

(2)        The Commission findsthat every reasonable effort has been made to notify the supervisee and conductthe hearing earlier. Prima facie evidence of reasonable effort to notify is theissuance of a temporary or conditional revocation order, as provided in G.S.15A‑1376, that goes unserved. (1993, c. 538, s. 20.1; 1994,Ex. Sess., c. 14, s. 27, c. 24, s. 14(b); 1993 (Reg. Sess., 1994), c. 767, s.5.)