§ 164-43. Priority of duties; reports; continuing duties. - North Carolina Statutes

§ 164‑43.  Priorityof duties; reports; continuing duties.

(a)        The Commission shall have two primary duties, and othersecondary duties essential to accomplishing the primary ones. The Commissionmay establish subcommittees or advisory committees composed of Commissionmembers to accomplish duties imposed by this Article.

It is the legislative intent that the Commission attach priority toaccomplish the following primary duties:

(1)        The classification of criminal offenses as described in G.S.164‑41 and the formulation of sentencing structures as described in G.S.164‑42; and

(2)        The formulation of proposals and recommendations asdescribed in G.S. 164‑42.1 and G.S. 164‑42.2.

(b)        The Commission shall report its findings and recommendationsto the 1991 General Assembly, 1991 Regular Session. The report shall describethe status of the Commission's work, and shall include any completed policyrecommendations.

(c)        The Commission shall report on its progress in formulatingrecommendations for the classification and ranges of punishment for feloniesand misdemeanors, required by G.S. 164‑41, and sentencing structures,established under G.S. 164‑42, to the 1991 General Assembly, 1992 RegularSession, and shall make a final report on these recommendations no later than30 days after the convening of the 1993 Session of the General Assembly.

(d)        Once the primary duties of the Commission have beenaccomplished, it shall have the continuing duty to monitor and review thecriminal justice and corrections systems and the juvenile justice system inthis State to ensure that sentences and dispositions remain uniform andconsistent, and that the goals and policies established by the State are beingimplemented by sentencing and dispositional practices, and it shall recommend methodsby which this ongoing work may be accomplished and by which the correctionalpopulation simulation model and the Department of Juvenile Justice andDelinquency Prevention facilities population simulation model developed underG.S. 164‑40 shall continue to be used by the State.

(e)        Upon adoption of a system for the classification of offensesformulated under G.S. 164‑41, the Commission or its successor shallreview all proposed legislation which creates a new criminal offense, changesthe classification of an offense, or changes the range of punishment ordispositional level for a particular classification, and shall makerecommendations to the General Assembly.

(f)         In the case of a new criminal offense, the Commission orits successor shall determine whether the proposal places the offense in thecorrect classification, based upon the considerations and principles set out inG.S. 164‑41. If the proposal does not assign the offense to aclassification, it shall be the duty of the Commission or its successor torecommend the proper classification placement.

(g)        In the case of proposed changes in the classification of anoffense or changes in the range of punishment or dispositional level for aclassification, the Commission or its successor shall determine whether such aproposed change is consistent with the considerations and principles set out inG.S. 164‑41, and shall report its findings to the General Assembly.

(h)        The Commission or its successor shall meet within 10 daysafter the last day for filing general bills in the General Assembly for thepurpose of reviewing bills as described in subsections (e), (f), and (g). TheCommission or its successor shall include in its report on a bill an analysisbased on an application of the correctional population simulation model or theDepartment of Juvenile Justice and Delinquency Prevention facilities populationsimulation model to the provisions of the bill. (1989 (Reg. Sess., 1990), c. 1076, s. 1; 1991 (Reg.Sess., 1992), c. 812, s. 12; c. 816, ss. 1, 4; 1993, c. 253, s. 5.1; c. 321, s.200.1; 1993 (Reg. Sess., 1994), c. 591, s. 6(a); 1995, c. 236, s.1; 1997‑256,s. 6; 1997‑347, s. 2; 1997‑401, s. 2; 1997‑418, s. 2; 1997‑443,s. 18.6(a); 1998‑202, s. 10(d); 2000‑137, s. 4(jj).)