GSNC

ARTICLE 1. The General Statutes.

Sec.

§ 164-1. Title of revision.

This revision shall be known as the "General Statutes of North Carolina" and may be cited in either of the following ways: "General Statutes of North Carolina"; or "General Statutes"; or "G.S."; or "N.C. Gen. Stat."; or "N.C.G.S."

History

(1985, c. 609, s. 6.)

Editor's Note. - It appears that this Article was originally enacted as part of Session Laws 1943, Chapter 33, which was not printed as part of the Session Laws but was in a separate bound volume in the Secretary of State's office. However, the Secretary of State's office no longer has such a volume in its possession. The volume may have burned in a warehouse fire that destroyed some records. The sections first appear in "The North Carolina Code of 1943 - Legislative Edition," the report of the Legislative Commission on Recodification. As the origin of Article 1 is not completely certain, Session Laws 1943, Chapter 33 is not listed in the historical citations for the sections in Article 1.

§ 164-2. Effect as to repealing other statutes.

All public and general statutes not contained in the General Statutes of North Carolina are hereby repealed with the exceptions and limitations hereafter mentioned in this Chapter. No statute or law which has been heretofore repealed shall be revived by the repeal contained in any of the sections of the General Statutes of North Carolina or by the omission of any repealing statute from the General Statutes. All public and general statutes enacted at the regular session of the General Assembly of 1943 shall be deemed to repeal any conflicting provisions of the General Statutes of North Carolina.

CASE NOTES

Cited in Baker v. Varser, 240 N.C. 260, 82 S.E.2d 90 (1954).

§ 164-3. Repeal not to affect rights accrued or suits commenced.

The repeal of the statutes described in G.S. 164-2 shall not affect any act done, any right accruing, accrued or established, or any action or proceeding had or commenced in any case before the time when such repeal shall take effect, but the proceedings in any such case shall be conformed, when necessary, to the provisions of the General Statutes of North Carolina.

§ 164-4. Offenses, penalties and liabilities not affected.

No offense committed, no penalty or forfeiture incurred, no liability arising, and no remedy availed of, under any of the statutes hereby repealed, before the time when such repeal shall take effect shall be affected by the repeal.

§ 164-5. Pending actions and proceedings not affected.

No action or proceeding pending at the time of the repeal, for any offense committed, or for the recovery of any penalty or forfeiture incurred under any of the statutes hereby repealed shall be affected by such repeal, except that the proceedings in such action or proceeding shall be conformed, when necessary, to the provisions of the General Statutes of North Carolina.

§ 164-6. Effect of repeal on persons holding office.

All persons who at the time the General Statutes of North Carolina becomes effective shall hold any office under any of the statutes hereby repealed shall continue to hold the same according to the tenure thereof.

§ 164-7. Statutes not repealed.

The General Statutes of North Carolina shall not have the effect of repealing statutes or provisions of statutes which affect only a particular locality, public-local or private statutes, statutes exempting pending litigation from operation of statutes, statutes relating to the boundary of the State or of any county, acts ceding or relating to the ceding of lands of the State to the federal government, statutes relating to the Cherokee lands, statutes relating to the construction or interpretation of statutes, statutes by virtue of which bonds have been issued and are outstanding on the effective date of the General Statutes, validating acts or curative statutes, or acts granting pensions to named individuals if such statutes were in force on the effective date of the General Statutes.

CASE NOTES

Applied in State v. Gales, 240 N.C. 319, 82 S.E.2d 80 (1954).

§ 164-8. General Statutes of North Carolina effective December 31, 1943.

All provisions, chapters, subdivisions of chapters and sections contained in the General Statutes of North Carolina shall be in force from and after the thirty-first day of December 1943.

CASE NOTES

Cited in Kirby v. Stokes County Bd. of Educ., 230 N.C. 619, 55 S.E.2d 322 (1949).

§ 164-9. Completion of General Statutes by Division of Legislative Drafting and Codification of Statutes.

The Division of Legislative Drafting and Codification of Statutes of the State Department of Justice, under the direction and supervision of the Attorney General, shall complete and perfect the General Statutes, as enacted by the General Assembly of 1943, by changing all references therein to the "Code," "North Carolina Code," "Code of 1943" or "North Carolina Code of 1943" to read "General Statutes," and by causing to be inserted therein all such general public statutes as may be enacted at the 1943 Session of the General Assembly and all amendments, in their proper places in sections under the appropriate chapter and subdivisions of chapters, and by deleting all sections or portions of sections found to be expressly repealed, or found to be repealed by virtue of the repeal of any cognate sections or parts of sections of the Consolidated Statutes or session laws, and by deleting repealed provisions and substituting in lieu thereof all proper amendments of the General Statutes or of cognate sections of the Consolidated Statutes or session laws; and the Division is hereby authorized to change the number of sections and chapters, transfer sections, chapters and subdivisions of chapters and make such other corrections which do not change the law, as may be found by the Division necessary in making an accurate, clear, and orderly statement of said laws. After the completion of such codification of the general and public laws of 1943, such laws, as they appear in the printed volumes of the General Statutes, shall be deemed an accurate codification of the statutes of 1943 contained therein.

History

(1943, c. 15, s. 3.)

§ 164-10. Supplements to the General Statutes; rearrangement of laws, and correction of errors.

The Legislative Services Office shall have the following duties and powers with regard to the supplements to the General Statutes:

Within six months after the adjournment of each General Assembly, or as soon thereafter as possible, the Legislative Services Office shall cause to be published under its supervision, cumulative supplements to the General Statutes, and any replacement or recompiled volumes thereof, which shall contain an accurate transcription of all laws of a general and permanent nature enacted by the General Assembly, the material contained in the next preceding supplement, complete and accurate annotations to the statutes, appendix and other material accumulated since the publication of the next preceding supplement, and a cumulative index of said material.
Periodically, every six months after the publication and issuance of a cumulative supplement following a session of the General Assembly, or as soon thereafter as possible, the Legislative Services Office shall cause to be published an interim supplement containing all pertinent annotations and other material found by the Legislative Services Office to be necessary and proper, accumulating since the publication of the said cumulative supplement or the last interim supplement.
In the preparation of the general and permanent laws enacted by the General Assembly the Legislative Services Office is hereby authorized:
1. To rearrange the order of chapters, subchapters, articles, sections and other divisions or subdivisions;
2. To provide titles for any such divisions or subdivisions and section titles or catchlines when they are not provided by such laws;
3. To adopt a uniform system of lettering or numbering sections and the various subdivisions thereof and to reletter or renumber sections and section subdivisions in accordance with such uniform system;
4. To rearrange definitions in alphabetical order;
5. To rearrange lists of counties in alphabetical order; and
6. To make such other changes in arrangement and form that do not change the law as may be found by the Legislative Services Office necessary for an accurate, clear and orderly codification of such general and permanent laws.

History

(1945, c. 863; 1947, c. 150; 1951, c. 1149, s. 1; 1957, c. 1013; 2011-97, s. 3.)

Editor's Note. - Session Laws 2008-211, enacted improvements to the rules on the management of stormwater in the coastal counties in order to protect water quality, which superceded the former rules. The act is noted in full under G.S. 143-214.7. Session Laws 2008-211, s. 7, provides: "Provisions of Act Not Codified; Set Out As Note. - Notwithstanding G.S. 164-10, the Revisor of Statutes shall not codify any of the provisions of this act. The Revisor of Statutes shall set out the text of this act as a note to G.S. 143-214.7 and may make notes concerning this act to other sections of the General Statutes as the Revisor of Statutes deems appropriate."

Session Laws 2011-97, s. 12, provides: "All contractual rights and duties of the State of North Carolina, acting through its Attorney General and the Division of Legislative Drafting and Codification of Statutes of the North Carolina Department of Justice under G.S. 164-10, shall remain unchanged but shall be executed by the Legislative Services Office. Nothing in this act shall affect any currently existing agreed upon discount for printed materials to be provided by a vendor to the North Carolina Department of Justice."

Session Laws 2011-392, s. 10, provides: "The Revisor of Statutes is authorized to alphabetize, number, and renumber the special registration plates listed in G.S. 20-79.4 to ensure that all the special registration plates are listed in alphabetical order and numbered accordingly."

Effect of Amendments. - Session Laws 2011-97, s. 3, effective June 1, 2011, in the introductory paragraph, substituted "Legislative Services Office" for "Division of Legislative Drafting and Codification of Statutes of the Department of Justice, under the direction and supervision of the Attorney General"; throughout subdivisions (1) through (3), substituted "Legislative Services Office" for "Division"; substituted "preceding supplement" for "preceding pocket and interim supplements" and "cumulative supplements" for "cumulative pocket supplements" throughout; and in subdivision (2), deleted "except when the publication of the cumulative pocket supplement makes it unnecessary" following "as soon thereafter as possible."

§ 164-11. Supplements prima facie statement of laws; method of citation.

The supplements to the General Statutes of North Carolina, or to any replacement or recompiled volumes of the General Statutes, when printed under the supervision of the Legislative Services Office shall establish prima facie the general and permanent laws of North Carolina contained in said supplements.
The cumulative pocket supplement may be cited as "G.S., Supp. 19 . . . . ." and the interim supplement may be cited as ". . . G.S. In. Supp. 19 . . . . .," the blank in front of "G.S." to be filled in with the number of the interim supplement for that year.

History

(1945, c. 863; 1951, c. 1149, s. 2; 2011-97, s. 4.)

Cross References. - As to cumulative supplements prima facie evidence of laws, see G.S. 164-11.1.

Effect of Amendments. - Session Laws 2011-97, s. 4, effective beginning with the first supplements or replacement or recompiled volumes of the General Statutes that are printed under the supervision of the Legislative Services Office, substituted "Legislative Services Office" for "Division of Legislative Drafting and Codification of Statutes of the Department of Justice" in subsection (a).

§ 164-11.1. Cumulative Supplements prima facie evidence of laws.

The 1945, 1947, 1949, 1951, 1953, 1955, and 1957 Cumulative Supplements to the General Statutes of North Carolina, or to any replacement or recompiled volumes of the General Statutes as compiled and published by The Michie Company under the supervision of the Department of Justice of the State of North Carolina, are hereby constituted and declared to be prima facie evidence of the laws of North Carolina contained in said supplements.

History

(1949, c. 45; 1951, c. 1149, s. 3; 1953, c. 140; 1955, c. 53; 1957, c. 371.)

Cross References. - For supplements as prima facie statement of laws and the method of citation, see G.S. 164-11.

Legal Periodicals. - For brief comment on this section, see 27 N.C.L. Rev. 478 (1949).

§ 164-11.2. Adoption of 1950 Volumes 2A, 2B and 2C of the General Statutes.

The chapters, subchapters, articles and sections, now comprising Volume 2 of the General Statutes of North Carolina and the Cumulative Supplements thereto, consisting of G.S. 26-1 through 105-462 now in force as amended, are hereby reenacted and designated Volumes 2A, 2B and 2C, respectively, of the General Statutes of North Carolina: Provided, that this enactment of Volumes 2A, 2B and 2C shall not include any appended annotations, editorial notes, comments, cross references, legislative or historical references, or other material collateral or supplemental to the said chapters, subchapters, articles and sections, but not contained in the body thereof.

History

(1951, c. 900.)

§ 164-11.3. Adoption of 1952 Volumes 3A, 3B and 3C of the General Statutes.

The chapters, subchapters, articles and sections now comprising Volume 3 of the General Statutes of North Carolina, and Cumulative Supplements thereto, consisting of G.S. 106-1 through 166-13, now in force, as amended, are hereby reenacted and designated Volumes 3A, 3B and 3C respectively of the General Statutes of North Carolina. This reenactment of Volumes 3A, 3B and 3C shall not be construed to invalidate or repeal any acts which have been passed during the 1953 Session of the General Assembly, prior to February 18, 1953, nor shall this reenactment include any appended annotations, editorial notes, comments and cross references, legislative or historical references, or other material connected or supplemental to the said chapters, subchapters, articles and sections, but not contained in the body hereof.

History

(1955, c. 43.)

Editor's Note. - Section 106-1, referred to in this section, was repealed by Session Laws, 1995, c. 390, s. 2.

§ 164-11.4. Adoption of 1953 Volumes 1A, 1B and 1C of the General Statutes.

The chapters, subchapters, articles and sections now comprising Volume 1 of the General Statutes of North Carolina, and Cumulative Supplements thereto, consisting of G.S. 1-1 through 27-59, now in force, as amended, are hereby reenacted and designated Volumes 1A, 1B and 1C respectively of the General Statutes of North Carolina. This enactment of Volumes 1A, 1B and 1C shall not be construed to invalidate or repeal any acts which have been passed during the 1955 Session of the General Assembly, prior to February 11, 1955, nor shall this enactment include any appended annotations, editorial notes, comments and cross references, legislative or historical references, or other material connected or supplemental to the said chapters, subchapters, articles and sections, but not contained in the body hereof.

History

(1955, c. 43.)

§ 164-11.5. Adoption of 1958 Replacement Volumes 2C and 3B of the General Statutes.

The chapters, subchapters, articles and sections now comprising Volume 2C of the General Statutes of North Carolina, and Cumulative Supplement thereto, consisting of G.S. 83-1 through 105-462, now in force, as amended, are hereby reenacted and designated Replacement Volume 2C of the General Statutes of North Carolina.
The chapters, subchapters, articles and sections now comprising Volume 3B of the General Statutes of North Carolina, and Cumulative Supplement thereto, consisting of G.S. 117-1 through 150-34, now in force, as amended, are hereby reenacted and designated Replacement Volume 3B of the General Statutes of North Carolina.
This enactment of Replacement Volumes 2C and 3B shall not be construed to invalidate or repeal any acts which have been passed during the 1959 Session of the General Assembly, prior to February 24, 1959, nor shall this enactment include any appended annotations, editorial notes, comments and cross references, legislative or historical references, or other material connected or supplemental to the said chapters, subchapters, articles and sections, but not contained in the body hereof.

History

(1959, c. 12.)

§ 164-11.6. Adoption of 1960 Replacement Volumes 2B and 3A of the General Statutes.

The chapters, subchapters, articles and sections now comprising Volume 2B of the General Statutes of North Carolina, and Cumulative Supplement thereto, consisting of G.S. 53-1 through 82-18, now in force, as amended, are hereby reenacted and designated as Replacement Volume 2B of the General Statutes of North Carolina.
The chapters, subchapters, articles and sections now comprising Volume 3A of the General Statutes of North Carolina, and Cumulative Supplement thereto, consisting of G.S. 106-1 through 116-185, now in force, as amended, are hereby reenacted and designated Replacement Volume 3A of the General Statutes of North Carolina.
This enactment of Replacement Volumes 2B and 3A shall not be construed to invalidate or repeal any acts which have been passed during the 1961 Session of the General Assembly, prior to March 14, 1961, nor shall this enactment include any appended annotations, editorial notes, comments and cross references, legislative or historical references, or other material connected or supplemental to the said chapters, subchapters, articles and sections, but not contained in the body hereof.

History

(1961, cc. 38, 185; 2012-156, s. 49; 2012-194, s 53.)

Editor's Note. - Section 106-1, referred to in this section, was repealed by Session Laws, 1995, c. 390, s. 2.

Session Laws 2012-56, s. 49, effective October 1, 2012, had substituted "G.S. 53C-1-1" for "G.S. 53-1" in subsection (a). Session Laws 2012-194, s. 53, effective July 17, 2012, repealed Session Laws 2012-56, s. 49, so that it never went into effect.

§ 164-11.7. Adoption of 1965 Replacement Volumes 2B, 2C and 2D and 1964 Replacement Volumes 3B, 3C and 3D of the General Statutes.

The chapters, subchapters, articles and sections now comprising Volumes 2B and 2C of the General Statutes of North Carolina, and Cumulative Supplements thereto, consisting of G.S. 53-1 to 105-462, now in force, as amended, are hereby reenacted and designated as 1965 Replacement Volumes 2B, 2C and 2D of the General Statutes of North Carolina.
The chapters, subchapters, articles and sections now comprising Volumes 3B and 3C of the General Statutes of North Carolina, and Cumulative Supplements thereto, consisting of G.S. 117-1 to 167-3, now in force, as amended, are hereby reenacted and designated as 1964 Replacement Volumes 3B, 3C and 3D of the General Statutes of North Carolina.
This enactment of 1965 Replacement Volumes 2B, 2C and 2D and 1964 Replacement Volumes 3B, 3C and 3D shall not be construed to invalidate or repeal any acts which have been passed during the 1965 Session of the General Assembly, prior to May 14, 1965, nor shall this enactment include any appended annotations, editorial notes, comments and cross references, legislative or historical references, or other material connected or supplemental to the said chapters, subchapters, articles and sections, but not contained in the body hereof.

History

(1965, c. 544; 2012-156, s. 50; 2012-194, s 53.)

Editor's Note. - Session Laws 2012-56, s. 50, effective October 1, 2012, had substituted "G.S. 53C-1-1 to G.S. 105-462" for "G.S. 53-1 to 105-462" in subsection (a). Session Laws 2012-194, s. 53, effective July 17, 2012, repealed Session Laws 2012-56, s. 50, so that it never went into effect.

§ 164-11.8. Adoption of 1965 Replacement Volumes 1C and 1D and 1966 Replacement Volumes 2A and 3A of the General Statutes.

The chapters, subchapters, articles and sections now comprising Volume 1C of the General Statutes of North Carolina, and Cumulative Supplements thereto, consisting of G.S. 15-1 to 27-59, now in force, as amended, are hereby reenacted and designated as 1965 Replacement Volumes 1C and 1D of the General Statutes of North Carolina.
The chapters, subchapters, articles and sections now comprising 1950 Recompiled Volume 2A of the General Statutes of North Carolina, and Cumulative Supplements thereto, consisting of G.S. 28-1 to 52A-20, now in force, as amended, is hereby reenacted and designated as 1966 Replacement Volume 2A of the General Statutes of North Carolina.
The chapters, subchapters, articles and sections now comprising 1960 Replacement Volume 3A of the General Statutes of North Carolina, and Cumulative Supplements thereto, consisting of G.S. 106-1 to 116-211, now in force, as amended, is hereby reenacted and designated as 1966 Replacement Volume 3A of the General Statutes of North Carolina.
This enactment of 1965 Replacement Volumes 1C and 1D and 1966 Replacement Volumes 2A and 3A shall not be construed to invalidate or repeal any acts which have been passed during the 1967 Session of the General Assembly, prior to the date of ratification, nor shall this enactment include any appended annotations, editorial notes, comments and cross references, legislative or historical references, or other material connected or supplemental to said chapters, subchapters, articles and sections, but not contained in the body hereof.

History

(1967, c. 1266.)

Editor's Note. - Section 52A-20, referred to in this section, was repealed by Session Laws 1995, c. 538, s. 7(a).

Section 106-1, referred to in this section, was repealed by Session Laws 1995, c. 390, s. 2.

§ 164-11.9. Adoption of 1969 Replacement Volumes 1A and 1B of the General Statutes.

The chapters and sections thereof now comprising Volume 1A of the General Statutes of North Carolina, and Cumulative Supplement thereto, consisting of G.S. 1-1 through 1B-8 now in force, as amended, are hereby reenacted and designated as 1969 Replacement Volume 1A of the General Statutes of North Carolina.
The chapters and sections thereof now comprising Volume 1B of the General Statutes of North Carolina and Cumulative Supplement thereto, consisting of G.S. 2-1 through 14-431, now in force, as amended, are hereby reenacted and designated as 1969 Replacement Volume 1B of the General Statutes of North Carolina.

This reenactment and designation shall not operate as ratification of the judgment of the editors in placing certain sections of this volume in the "1970 Interim Supplement" to Volume 1B. Such sections shall be treated in all respects as if they appear within the bound replacement volume.

History

(1971, c. 135.)

ARTICLE 2. The General Statutes Commission.

Sec.

§ 164-12. Creation; name.

There is hereby created and established a commission to be known as "The General Statutes Commission".
The Commission shall be located within the General Assembly for administrative purposes only.

History

(1945, c. 157; 2011-97, s. 5.)

State Government Reorganization; Later Transfers. - The General Statutes Commission was transferred to the Department of Justice by G.S. 143A-53, enacted by Session Laws 1971, c. 864. It was subsequently transferred to the General Assembly for administrative purposes only by Session Laws 2011-97, ss. 5 and 11.

Editor's Note. - Session Laws 2009-273, s. 1, as amended by Session Laws 2010-152, s. 25.2, provides: "The General Statutes Commission shall study and recommend ways to make the General Statutes and the North Carolina Constitution gender neutral. These may include recommending legislative changes needed to make the General Statutes and the Constitution gender neutral and a process to be authorized by the General Assembly whereby changes that do not change the law can be made administratively by the Attorney General to make the General Statutes gender neutral."

Session Laws 2011-97, s. 11, provides: "The statutory authority, powers, duties, functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds of the General Statutes Commission are transferred from the Department of Justice to the General Assembly, with all of the elements of a Type II transfer as defined by G.S. 143A-6. The administrative rules of the General Statutes Commission are repealed but are deemed adopted as policies of the General Statutes Commission until it amends or repeals them. The Revisor of Statutes shall notify the Codifier of Rules of the repeal, and the Codifier of Rules may enter the repeal in the Administrative Code."

Effect of Amendments. - Session Laws 2011-97, s. 5, effective June 1, 2011, added the subsection (a) designation; and added subsection (b).

Legal Periodicals. - For article on the North Carolina General Statutes Commission, see 46 N.C.L. Rev. 469 (1968).

§ 164-13. Duties; use of funds.

It shall be the duty of the Commission:
1. To advise and cooperate with the Legislative Services Office in the work of continuous statute research and correction for which the Legislative Services Office is made responsible by G.S. 120-36.21(2).
2. To advise and cooperate with the Legislative Services Office in the preparation and issuance of supplements to the General Statutes pursuant to G.S. 120-36.21(1).
3. To make a continuing study of all matters involved in the preparation and publication of modern codes of law.
4. To recommend to the General Assembly the enactment of such substantive changes in the law as the Commission may deem advisable.
5. To receive and consider proposed changes in the law recommended by the American Law Institute, by the National Conference of Commissioners on Uniform State Laws or by other learned bodies.
Funds made available to the Commission by appropriation of the General Assembly, by allotment from the Contingency and Emergency Fund, or otherwise, may be used to employ the services of persons especially qualified to assist in the work of the Commission and for necessary clerical assistance.

History

(1945, c. 157; 1951, c. 761; 1957, c. 1405; 1969, c. 541, s. 3; 1971, c. 1093, s. 7; 1981, c. 599, s. 20; 2011-97, s. 6.)

Effect of Amendments. - Session Laws 2011-97, s. 6, effective June 1, 2011, throughout subdivisions (a)(1) and (a)(2), substituted "Legislative Services Office" for "Division of Legislative Drafting and Codification of Statutes of the Department of Justice" or similar language, and corrected the section references.

Legal Periodicals. - For an article on statutory easements by necessity or cartways, see 75 N.C.L. Rev. 1943 (1997).

§ 164-14. Membership; appointments; terms; vacancies.

The Commission shall consist of 13 members, who shall be appointed as follows:
1. One member, by the president of the North Carolina State Bar.
2. One member, by the General Statutes Commission.
3. One member, by the dean of the school of law of the University of North Carolina.
4. One member, by the dean of the school of law of Duke University.
5. One member, by the dean of the school of law of Wake Forest University.
6. One member, by the Speaker of the House of Representatives of each General Assembly from the membership of the House.
7. One member, by the President Pro Tempore of the Senate of each General Assembly from the membership of the Senate.
8. Two members, by the Governor.
9. One member, by the dean of the school of law of North Carolina Central University.
10. One member by the president of the North Carolina Bar Association.
11. One member, by the dean of the school of law of Campbell University.
12. One member, by the dean of the school of law of Elon University.
13. Repealed by Session Laws 2019-76, s. 32.1, effective July 1, 2019.
Repealed by Session Laws 2019-76, s. 32.1, effective July 1, 2019.
Appointments by the president of the North Carolina State Bar, the General Statutes Commission, and the deans of the schools of law of North Carolina Central University, Duke University, Elon University, the University of North Carolina, and Wake Forest University shall be made in the even-numbered years, and appointments made by the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the president of the North Carolina Bar Association, the dean of the school of law of Campbell University, and the Governor shall be made in the odd-numbered years. Appointments shall be made for two-year terms beginning September 1 of the year when the appointments are to become effective and expiring August 31 two years thereafter.
If a member of the Commission resigns, dies, or ceases to be a member for any other reason, a vacancy exists with respect to that appointment and the original appointing authority shall appoint a new member to fill the unexpired term.
All appointments shall be reported to the secretary of the Commission.
Notwithstanding the expiration of the term of the appointment, the terms of members of the General Statutes Commission shall continue until the appointment of a successor has been made and reported to the secretary of the Commission.

This subsection does not apply when a member is continuing to serve under subsection (f) of this section.

History

(1945, cc. 157, 635; 1947, c. 114, s. 3; 1967, cc. 17, 1230; 1969, c. 541, s. 4; 1971, c. 1, ss. 1, 2; c. 76; 1975, c. 394, ss. 1, 2; 1977, c. 709, ss. 1, 2; 1991, c. 739, s. 33; 1995, c. 509, s. 119; 2009-550, s. 8(a); 2019-76, s. 32.1.)

Editor's Note. - Session Laws 2009-550, s. 8(b), provides: "The initial appointment by the dean of the school of law for Elon University shall be for the term ending May 31, 2010. The initial appointment by the dean of the Charlotte School of Law (NC), Inc., shall be for the term ending May 31, 2011."

Session Laws 2019-76, s. 3.2, provides: "The terms of the current members of the General Statutes Commission are extended to August 31 of the year in which they would otherwise expire."

Effect of Amendments. - Session Laws 2009-550, s. 8(a), effective August 28, 2009, in subsection (a), substituted "14 members" for "12 members" and added subdivisions (12) and (13); in subsection (c), inserted "Elon University," substituted "deans" for "dean," and inserted "and the Charlotte School of Law (NC), Inc."

Session Laws 2019-76, s. 32.1, effective October 1, 2019, rewrote the section.

Legal Periodicals. - For recent development, "The Supreme Court of North Carolina's Rulemaking Authority and the Struggle for Power: State v. Tutt," see 84 N.C. L. Rev. 2100 (2006).

§ 164-15. Meetings; quorum.

The Commission shall hold not less than two regular meetings each year, of which one shall be held in June and one in November, at such times during those months as may be fixed therefor by the Commission itself. The Commission may establish a schedule for other regular meetings. Special meetings may be called by the chairman, or by any two members of the Commission, upon such notice and in such manner as may be fixed therefor by the policies adopted by the Commission. The regular June and November meetings of the Commission shall be held in Raleigh, but the Commission may provide for the holding of other meetings from time to time at any other place or places in the State. A majority of the members of the Commission shall constitute a quorum.

History

(1945, c. 157; 1983, c. 768, s. 24; 2011-97, s. 7.)

Effect of Amendments. - Session Laws 2011-97, s. 7, effective June 1, 2011, substituted "establish a schedule for other regular meetings" for "hold such other regular meetings as it may provided for by its rules" in the second sentence; substituted "policies adopted by the Commission" for "rules of the Commission" in the third sentence; and deleted the former next-to-last sentence, which read: "The first meeting of the Commission shall be held in June 1945 upon the call of the Attorney General at such time and upon such notice as he may designate."

§ 164-16. Officers.

At its regular June meeting in the odd-numbered years the Commission shall elect a chair and a vice-chair for a term of two years and until their successors are elected and assume the duties of their positions. The Revisor of Statutes shall be ex officio secretary of the Commission.

History

(1945, c. 157; 1947, c. 114, s. 2; 2020-69, s. 5.7.)

Effect of Amendments. - Session Laws 2020-69, s. 5.7, effective July 1, 2020, substituted "chair and a vice-chair" for "chairman and a vice-chairman" in the first sentence.

§ 164-17. Committees.

The Commission may elect, or may authorize its chairman to appoint, such committees of the Commission as it may deem proper. The Commission may adopt such policies and guidelines not inconsistent with this Article as it may deem proper with respect to any and all matters relating to the discharge of its duties under this Article.

History

(1945, c. 157; 2011-97, s. 8.)

Effect of Amendments. - Session Laws 2011-97, s. 8, effective June 1, 2011, substituted "Committees" for "Committees; rules" in the section catchline; and substituted "policies and guidelines" for "rules" in the text of the section.

§ 164-18. Reports.

The Commission shall submit to each regular session of the General Assembly a report of its work during the preceding two years, together with such recommendations as it may deem proper. The Commission may report recommended legislation to each annual session of the General Assembly as it deems appropriate.

History

(1945, c. 157; 2011-97, s. 9.)

Effect of Amendments. - Session Laws 2011-97, s. 9, effective June 1, 2011, added the last sentence.

§ 164-19. Compensation.

Members of the Commission shall be paid the amount of per diem provided by G.S. 138-5 for attendance upon meetings of the Commission, or upon attendance of meetings of committees of the Commission, together with such subsistence and travel allowance as may be provided by law.

History

(1945, c. 157; 1969, c. 445, s. 3.)

§§ 164-20 through 164-24: Reserved for future codification purposes.

ARTICLE 3. Commission on Code Recodification.

§§ 164-25 through 164-34: Repealed by Session Laws 1981, c. 859, s. 13.10.

ARTICLE 4. Sentencing Commission.

Sec.

Editor's Note. - This Article as originally enacted by Session Laws 1989 (Reg. Sess., 1990), c. 1076, was to expire July 1, 1992. This date was subsequently extended to July 8, 1993 by Session Laws 1991 (Reg. Sess., 1992), c. 812, s. 12 and c. 816, s. 1; to August 1, 1993, by Session Laws 1993, c. 253, s. 5.1; to July 1, 1994, by Session Laws 1993, c. 321, s. 200.1; to July 1, 1995, by Session Laws 1993 (Reg. Sess., 1994) c. 591, s. 6(a); to July 1, 1997, by Session Laws 1995, c. 236, s. 1; to July 1, 1997 by Session Laws 1997-256, s. 6; to July 31, 1997, by Session Laws 1997-347, s. 2; to August 15, 1997, by Session Laws 1997-401, s. 2; and to August 29, 1997, by Session Laws 1997-418, s. 2. The Sentencing Commission was made permanent by Session Laws 1997-443, s. 18.6(b).

§ 164-35. Commission established.

The North Carolina Sentencing and Policy Advisory Commission is established. As used in this Article, the term "Commission" means the North Carolina Sentencing and Policy Advisory Commission.

History

(1989 (Reg. Sess., 1990), c. 1076, s. 1; 1991 (Reg. Sess., 1992), c. 812, s. 12; c. 816, s. 1; 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).)

Editor's Note. - As to the provisions formerly providing for the expiration of this Article, see the Editor's Note preceding this section.

For the text of sections 2 and 3 of the Sentencing and Policy Advisory Commission Act of 1990, Session Laws 1989 (Reg. Sess., 1990), see c. 1076, ss. 2 and 3.

Session Laws 2004-186, s. 12.1, provides: "The General Assembly finds that the North Carolina Sentencing and Policy Advisory Commission has adopted formal criteria for classifying felony offenses. The Sentencing Commission has identified three general types of harms: harms to persons (including both physical and mental injury); harms to property; and harms to society. The degrees of harm are divided into three levels:

"(1) Injury to person, property, or society;

"(2) Significant injury to person, property, or society; and

"(3) Serious injury to person, property, or society. The stated purpose of establishing the criteria was 'to create a rational and consistent philosophical basis for classifying offenses; to assure proportionality in severity; and to provide a guidepost for classifying new crimes in the future.'

"In contrast to the felony classification criteria, the Commission did not create classification criteria for misdemeanors. However, the current misdemeanor sentencing laws include an assault offense that has serious injury as an element - even though 'serious injury to a person' is a category of harm for felony offense classification. The General Assembly finds that the classification of assault offenses that involve serious injury as misdemeanors is inconsistent with the Sentencing Commission's classification of felonies based on harm.

"The North Carolina Sentencing and Policy Advisory Commission, pursuant to its statutory responsibilities under Article 4 of Chapter 164 of the General Statutes, shall study the classification of misdemeanor offenses. In particular, the Commission shall examine the classification of assault offenses in relation to property offenses, crimes against society, and felony assault offenses. The Commission shall develop a system for classifying misdemeanor offenses on the basis of their severity. The Commission may consider reclassifying existing offenses and creating new offenses in order to insure proportionality and consistency. The Commission shall report its findings and recommendations to the 2005 General Assembly, 2005 Regular Session. The report shall describe the status of the Commission's work and shall include any completed policy recommendations and proposed legislation. The Commission shall make a final report to the 2005 General Assembly, 2006 Regular Session."

Session Laws 2010-31, s. 19.5, provides: "It is the intent of the General Assembly that there be only three misdemeanor punishment levels: Class A1, Class 1, and Class 2. The North Carolina Sentencing and Policy Advisory Commission, in consultation with the Conference of District Attorneys, the Office of Indigent Defense Services, and the School of Government, shall review all Class 3 misdemeanor offenses and provide recommendations to the 2011 General Assembly for reclassifying each Class 3 misdemeanor as either an infraction or a Class 2 misdemeanor. The Commission may, in its discretion, consider other misdemeanor offenses for reclassification as infractions."

Session Laws 2010-31, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2010'."

Session Laws 2010-31, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2010-2011 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2010-2011 fiscal year."

Session Laws 2010-31, s. 32.6, is a severability clause.

§ 164-36. Powers and duties.

Sentences established for violations of the State's criminal laws should be based on the established purposes of our criminal justice and corrections systems. The Commission shall evaluate sentencing laws and policies in relationship to both the stated purposes of the criminal justice and corrections systems and the availability of sentencing options. The Commission shall make recommendations to the General Assembly for the modification of sentencing laws and policies, and for the addition, deletion, or expansion of sentencing options as necessary to achieve policy goals. The Commission shall make a report of its recommendations, including any recommended legislation, to the General Assembly annually.
Dispositions established for violations by juveniles of the State's criminal laws should be based on the established purposes set forth in Chapter 7B of the General Statutes. The Commission shall evaluate dispositional laws and policies in relationship to both the stated purposes of Chapter 7B of the General Statutes and the availability of dispositional alternatives. The Commission shall make recommendations to the General Assembly for the modification of dispositional laws and policies, and for the addition, deletion, or expansion of dispositional alternatives as necessary to achieve policy goals. The Commission shall make a report of its recommendations, including any recommended legislation, to the General Assembly annually.

History

§ 164-37. Membership; chairman; meetings; quorum.

The Commission shall consist of 28 members as follows:

The Chief Justice of the North Carolina Supreme Court shall appoint a sitting or former Justice or judge of the General Court of Justice, who shall serve as Chairman of the Commission;
The Chief Judge of the North Carolina Court of Appeals, or another judge on the Court of Appeals, serving as his designee;
The Secretary of Public Safety or his designee;
Repealed by Session Laws 2011-391, s. 43(e), effective January 1, 2011.
The Chairman of the Parole Commission, or his designee;
The President of the Conference of Superior Court Judges or his designee;
The President of the District Court Judges Association or his designee;
The President of the North Carolina Sheriff's Association or his designee;
The President of the North Carolina Association of Chiefs of Police or his designee;
One member of the public at large, who is not currently licensed to practice law in North Carolina, to be appointed by the Governor;
One member to be appointed by the Lieutenant Governor;
Three members of the House of Representatives, to be appointed by the Speaker of the House;
Three members of the Senate, to be appointed by the President Pro Tempore of the Senate;
The President Pro Tempore of the Senate shall appoint the representative of the North Carolina Community Sentencing Association that is recommended by the President of that organization;
The Speaker of the House of Representatives shall appoint the member of the business community that is recommended by the President of the North Carolina Retail Merchants Association;
The Chief Justice of the North Carolina Supreme Court shall appoint the criminal defense attorney that is recommended by the President of the North Carolina Academy of Trial Lawyers;
The President of the Conference of District Attorneys or his designee;
The Lieutenant Governor shall appoint the member of the North Carolina Victim Assistance Network that is recommended by the President of that organization;
A rehabilitated former prison inmate, to be appointed by the Chairman of the Commission;
The President of the North Carolina Association of County Commissioners or his designee;
The Governor shall appoint the member of the academic community, with a background in criminal justice or corrections policy, that is recommended by the President of The University of North Carolina;
The Attorney General, or a member of his staff, to be appointed by the Attorney General;
The Governor shall appoint the member of the North Carolina Bar Association that is recommended by the President of that organization.
A member of the Justice Fellowship Task Force, who is a resident of North Carolina, to be appointed by the Chairman of the Commission.
The President of the Association of Clerks of Superior Court of North Carolina, or his designee.
Repealed by Session Laws 2011-391, s. 43(e), effective January 1, 2011.

The Commission shall have its initial meeting no later than September 1, 1990, at the call of the Chairman. The Commission shall meet a minimum of four regular meetings each year. The Commission may also hold special meetings at the call of the Chairman, or by any four members of the Commission, upon such notice and in such manner as may be fixed by the rules of the Commission. A majority of the members of the Commission shall constitute a quorum.

History

(1989 (Reg. Sess., 1990), c. 1076, s. 1; 1991 (Reg. Sess., 1992), c. 812, s. 12; c. 816, ss. 1, 2; 1993, c. 253, s. 5.1; c. 321, s. 200.1; c. 535, s. 4; 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); 1998-170, s. 1; 1998-202, s. 10(f); 2000-137, s. 4(kk); 2011-145, s. 19.1(g), (i), ( l ); 2011-391, s. 43(c)-(e).)

Editor's Note. - Session Laws 1991 (Reg. Sess., 1992), c. 816, which amended this section, in s. 6, provides: "Nothing in this act shall be construed to obligate the General Assembly to appropriate funds to implement the provisions of this act."

Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'"

Session Laws 2011-145, s. 32.5, is a severability clause.

Session Laws 2011-391, s. 43(c), effective July 1, 2011, amended Session Laws 2011-145, s. 19.1(g) by deleting "164-37" from the list of sections. The amendment to this section by 2011-145, s. 19.1(g), which would have substituted "Secretary of Public Safety" for "Secretary of Crime Control and Public Safety" in subdivision (4), effective January 1, 2012, never took effect.

Session Laws 2011-391, s. 43(d), effective July 1, 2011, amended Session Laws 2011-145, s. 19.1(i), by deleting "164-37" from the list of sections. The amendment to this section by 2011-145, s. 19.1(i), which would have substituted "Secretary of Public Safety" for "Secretary of Correction" in subdivision (3) effective January 1, 2012, never took effect.

Effect of Amendments. - Session Laws 2011-145, s. 19.1( l ), effective January 1, 2012, substituted "Division of Juvenile Justice of the Department of Public Safety" for "Department of Juvenile Justice and Delinquency Prevention" in subdivision (26).

Session Laws 2011-391, s. 43(e), effective July 1, 2011, substituted "28 members" for "30 members" in the introductory language; substituted "Public Safety" for "Correction" in subdivision (3); deleted subdivision (4), which read: "The Secretary of Crime Control and Public Safety or his designee"; and deleted subdivision (26), which read: "A representative of the Division of Juvenile Justice of the Department of Public Safety."

§ 164-38. Terms of members; compensation; expenses.

The terms of existing members shall expire on June 30, 1997, unless they resign or are removed. New members shall be appointed or the existing members reappointed by the appointing authorities to serve terms of two years, unless they resign or are removed. Members serving by virtue of elective or appointive office or as designees of such officeholders may serve only so long as the officeholders hold those respective offices. Members appointed by the Speaker of the House and the President Pro Tempore of the Senate may be removed by the appointing authority without cause. Vacancies occurring before the expiration of a term shall be filled in the manner provided for the members first appointed. A member of the Commission may be removed only for disability, neglect of duty, incompetence, or malfeasance in office. Before removal, the member is entitled to a hearing. Effective with respect to members designated on or after July 1, 1992, a person making a designation pursuant to G.S. 164-37 may not make another designation, except that the person's successor in elective or appointive office may make a new designation.

The Commission members shall receive no salary for serving. All Commission members shall receive necessary subsistence and travel expenses in accordance with the provisions of G.S. 120-3.1, 138-5, and 138-6 as applicable.

History

(1989 (Reg. Sess., 1990), c. 1076, s. 1; 1991 (Reg. Sess., 1992), c. 812, s. 12; c. 816, ss. 1, 3; 1993, c. 253, s. 5.1; c. 321, s. 200.1(b); 1993 (Reg. Sess., 1994), c. 591, s. 6(a), (b); 1995, c. 236, s. 1; c. 236, s. 2; 1997-256, s. 6; 1997-347, s. 2; 1997-401, s. 2; 1997-418, s. 2; 1997-443, s. 18.6(a), (b).)

§ 164-39. Executive director and other staff.

The Commission shall employ an Executive Director from candidates presented to it by the Chairman and the Director of the Administrative Office of the Courts. The Executive Director shall have appropriate training and experience to assist the Commission in the performance of its duties. The Executive Director shall be responsible for compiling the work of the Commission and drafting suggested legislation incorporating the Commission's findings for submission to the General Assembly.

Subject to the approval of the Chairman, the Executive Director shall employ such other staff and shall contract for services as is necessary to assist the Commission in the performance of its duties, and as funds permit.

The Commission may, with the approval of the Legislative Services Commission, meet in the State Legislative Building or the Legislative Office Building, or may meet in an area provided by the Director of the Administrative Office of the Courts. Commission staff shall use office space provided by the Director of the Administrative Office of the Courts.

History

§ 164-40. Correction population simulation model; Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety facilities population simulation model.

The Commission shall develop a correctional population simulation model, and shall have first priority to apply the model to a given fact situation, or theoretical change in the sentencing laws, when requested to do so by the Chairman, the Executive Director, or the Commission as a whole.
The Commission shall develop a Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety facilities population simulation model, and shall have first priority to apply the model to a given fact situation, or theoretical change in the dispositional laws set forth in Chapter 7B of the General Statutes, when requested to do so by the Chairman, the Executive Director, or the Commission as a whole.

The Executive Director or the Chairman shall make the model available to respond to inquiries by any State legislator, or by the Secretary of Public Safety, in second priority to the work of the Commission.

The Executive Director or the Chairman shall make the model available to respond to inquiries by any State legislator, or by the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, in second priority to the work of the Commission.

History

Editor's Note. - Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'"

Session Laws 2011-145, s. 32.5, is a severability clause.

Session Laws 2011-391, s. 43(f), effective July 1, 2011, amended Session Laws 2011-145, s. 19(h), by deleting "164-40" from the list of sections. The amendment to this section by Session Laws 2011-145, s. 19.1(h), which would have substituted "Secretary of the Division of Adult Correction of the Department of Public Safety" for "Secretary of the Department of Correction" in the second paragraph of subsection (a) effective January 1, 2012, never took effect. Instead, subsection (a) was amended by Session Laws 2011-145, s. 19.1(i).

Effect of Amendments. - Session Laws 2011-145, s. 19.1(i) and ( l ), effective January 1, 2012, substituted "Secretary of Public Safety" for "Secretary of the Department of Correction" in subsection (a) and substituted "Division of Juvenile Justice of the Department of Public Safety" for "Department of Juvenile Justice and Delinquency Prevention" in subsection (b).

Session Laws 2017-186, s. 2(mmmmmmmmm), effective December 1, 2017, substituted "Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice" for "Division of Juvenile Justice" in the section heading and throughout the section.

§ 164-41. Classification of offenses - ranges of punishment.

The Commission shall classify criminal offenses into felony and misdemeanor categories on the basis of their severity.
In determining the proper category for each felony and misdemeanor, the Commission shall consider, to the extent that they have relevance, the following:
1. The nature and degree of harm likely to be caused by the offense, including whether it involves property, irreplaceable property, a person, number of persons, or a breach of the public trust;
2. The deterrent effect a particular classification may have on the commission of the offense by others;
3. The current incidence of the offense in the State as a whole;
4. The rights of the victim.
For each classification of felonies and misdemeanors formulated pursuant to subsection (b), the Commission shall assign a suggested range of punishment. The Commission shall take into consideration the current range of punishment for each offense.

History

§ 164-42. Sentencing structures.

The Commission shall recommend structures for use by a sentencing court in determining the most appropriate sentence to be imposed in a criminal case, including:
1. Imposition of an active term of imprisonment;
2. Imposition of a term of probation;
3. Suspension of a sentence to imprisonment and imposition of probation with conditions, including the appropriate probation option or options, including house arrest, regular probation, intensive supervision, restitution, and community service;
4. Based upon the combination of offense and defendant characteristics in each case, the presumptively appropriate length of a term of probation, or a term of imprisonment;
5. Ordering multiple sentences to terms of imprisonment to run concurrently or consecutively;
6. For a sentence to probation without a suspended sentence to imprisonment, the maximum term of confinement to be imposed if the defendant violates the conditions of probation.
The sentencing structures shall be consistent with the goals, policies, and purposes of the criminal justice and corrections systems, as set forth in Sections 2 and 3 of the Sentencing and Policy Advisory Commission Act of 1990. As part of its work, the Commission shall offer recommendations for the incorporation of those sections into the sentencing laws of North Carolina. In formulating structures, the Commission also shall consider:
1. The nature and characteristics of the offense;
2. The severity of the offense in relation to other offenses;
3. The characteristics of the defendant that mitigate or aggravate the seriousness of his criminal conduct and the punishment deserved therefor;
4. The defendant's number of prior convictions;
5. The available resources and constitutional capacity of the Division of Adult Correction and Juvenile Justice, local confinement facilities, and community-based sanctions;
6. The rights of the victims;
7. That felony offenders sentenced to an active term of imprisonment, or whose suspended sentence to imprisonment is activated, should serve a designated minimum percentage of their sentences before they are eligible for parole; and
8. That misdemeanor offenders sentenced to an active term of imprisonment, or whose suspended sentence to imprisonment is activated, should serve a designated minimum percentage of their sentence before they are eligible for parole.
The Commission shall also consider the policy issues set forth in G.S. 164-42.1 in developing its sentencing structures.
The Commission shall include with each set of sentencing structures a statement of its estimate of the effect of the sentencing structures on the Division of Adult Correction and Juvenile Justice and local facilities, both in terms of fiscal impact and on inmate population. If the Commission finds that the proposed sentencing structures will result in inmate populations in the Division of Adult Correction and Juvenile Justice and local confinement facilities that exceed the standard operating capacity, then the Commission shall present an additional set of structures that are consistent with that capacity. For purposes of this subsection, "standard operating capacity" means the total capacity expected to be available in both local confinement facilities and in the Division of Adult Correction and Juvenile Justice once all the proceeds of bonds authorized by Chapter 933 of the 1989 Session Laws and Chapter 935 of the 1989 Session Laws have been expended for the construction of prison facilities.

History

(1989 (Reg. Sess., 1990), c. 1076, s. 1; 1991 (Reg. Sess., 1992), c. 812, s. 12; c. 816, ss. 1, 5; 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); 2009-372, s. 8; 2011-145, s. 19.1(h); 2011-391, s. 43(f); 2017-186, s. 2(nnnnnnnnn).)

Cross References. - As to legislation regarding blended sentencing, see the editor's note at G.S. 7B-2500.

Editor's Note. - For the text of sections 2 and 3 of the Sentencing and Policy Advisory Commission Act of 1990, Session Laws 1989 (Reg. Sess., 1990), see c. 1076, ss. 2 and 3.

Session Laws 1991 (Reg. Sess., 1992), c. 816, which amended this section, in s. 6, provides: "Nothing in this act shall be construed to obligate the General Assembly to appropriate funds to implement the provisions of this act."

Session Laws 2011-145, s. 19.1(h), provides, in part: "In any other instances in which the term 'Department of Correction' appears in the General Statutes, the Revisor of Statutes shall replace 'Department of Correction' with 'Division of Adult Correction', and in any other instances in which the word 'Department' is used to refer to the Department of Correction, the Revisor of Statutes shall delete the word 'Department' and substitute the word 'Division'." Pursuant to that authority, the Revisor of Statutes has directed that "Division of Adult Correction" be substituted for "Department of Correction" throughout this section.

Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'"

Session Laws 2011-145, s. 32.5, is a severability clause.

Session Laws 2011-391, s. 43(f), effective July 1, 2011, amended Session Laws 2011-145, s. 19(h), by deleting "164-42" from the list of sections. The amendment to this section by Session Laws 2011-145, s. 19.1(h), which would have substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" effective January 1, 2012, never took effect.

Effect of Amendments. - Session Laws 2009-372, s. 8, effective December 1, 2009, and applicable to offenses committed on or after that date, substituted "supervision" for "probation" near the end of subdivision (a)(4).

Session Laws 2017-186, s. 2(nnnnnnnnn), effective December 1, 2017, inserted "and Juvenile Justice" throughout the section.

§ 164-42.1. Policy recommendations.

Using the studies of the Special Committee on Prisons, the Governor's Crime Commission, and other analyses, including testimony from representatives of the bodies that conducted the analyses, the Commission shall:
1. Determine the long-range needs of the criminal justice and corrections systems and recommend policy priorities for those systems;
2. Determine the long-range information needs of the criminal justice and corrections systems and acquire that information as it becomes available;
3. Identify critical problems in the criminal justice and corrections systems and recommend strategies to solve those problems;
4. Assess the cost-effectiveness of the use of State and local funds in the criminal justice and corrections systems;
5. Recommend the goals, priorities, and standards for the allocation of criminal justice and corrections funds;
6. Recommend means to improve the deterrent and rehabilitative capabilities of the criminal justice and corrections systems;
7. Propose plans, programs, and legislation for improving the effectiveness of the criminal justice and corrections systems;
8. Determine the sentencing structures for parole decisions;
9. Examine the impact of mandatory sentence lengths as opposed to the deterrent effect of minimum mandatory terms of imprisonment;
10. Examine good time and gain time practices;
11. Study the value of presentence reports;
12. Consider the rehabilitative potential of the offender and the appropriate rehabilitative placement;
13. Examine the impact of imprisonment on families of offenders;
14. Examine the impact of imprisonment on the ability of the offender to make restitution;
15. Study the need for an amendment to Article XI, Section 1 of the State Constitution to include restitution, restraints on liberty, work programs, or other punishments to the list of punishments allowed under that section; and
16. Study the costs and consequences of criminal behavior in North Carolina and consider the value of preventing crimes by using incarceration to deter both prospective criminals and convicted criminals from future crimes.
Using the studies and analyses available, including testimony from representatives of the bodies that conducted the analyses, the Commission shall:
1. Determine the long-range needs of the juvenile justice system and recommend policy priorities for that system;
2. Determine the long-range information needs of the juvenile justice system and acquire that information as it becomes available;
3. Identify critical problems in the juvenile justice system and recommend strategies to solve those problems;
4. Assess the cost-effectiveness of the use of State and local funds in the juvenile justice system; and
5. Recommend the goals, priorities, and standards for the allocation of juvenile justice funds.

History

(1989 (Reg. Sess., 1990), c. 1076, s. 1; 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(c).)

Editor's Note. - Session Laws 2004-124, s. 16.5, provides: "Pursuant to G.S. 164-42.1 and G.S. 164-43, the North Carolina Sentencing and Policy Advisory Commission shall prepare biennial reports on juvenile recidivism in North Carolina. The Commission shall consult with the Department of Juvenile Justice and Delinquency Prevention [now the Division of Juvenile Justice of the Department of Public Safety] and the Fiscal Research Division of the Legislative Services Office of the General Assembly in developing a methodology for measuring juvenile recidivism in North Carolina. The Commission shall report the proposed methodology to the 2005 General Assembly by March 1, 2005. The Commission's report shall also include a timeline for completing the initial analysis and recidivism report and any proposed legislation regarding juvenile recidivism. The report shall also include recommendations for other outcome measures that are appropriate for evaluating juvenile program effectiveness."

Session Laws 2004-124, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2004'."

Session Laws 2004-124, s. 33.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2004-2005 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2004-2005 fiscal year."

Session Laws 2004-124, s. 33.5, is a severability clause.

§ 164-42.2. Community corrections.

The Commission shall recommend a comprehensive community corrections strategy and organizational structure for the State based upon the following:

A review of existing community-based corrections programs in the State;
The identification of additional types of community corrections programs, including residential programs, necessary to create an effective continuum of corrections sanctions in North Carolina;
The identification of categories of offenders who would be eligible for sentencing to community corrections programs and the impact that the use of a comprehensive range of community-based sanctions would have on sentencing practices;
A form of State oversight and coordination to ensure that community corrections programs are coordinated in order to achieve maximum impact; and
A mechanism for State funding and local community participation in the operation and implementation of community corrections programs;
An analysis of the rate of recidivism of clients under the supervision of the existing community-based corrections programs in the State, recidivism here measured as the clients committing new crimes at any time subsequent to their entry into a community-based corrections program.

History

Editor's Note. - The subdivisions of this section were enacted as subdivisions (a) to (f) by Session Laws 1989 (Reg. Sess., 1990), c. 1076, s. 1, and redesignated as subdivisions (1) to (6) at the direction of the Revisor of Statutes.

§ 164-43. Priority of duties; reports; continuing duties.

The Commission shall have two primary duties, and other secondary duties essential to accomplishing the primary ones. The Commission may establish subcommittees or advisory committees composed of Commission members to accomplish duties imposed by this Article.
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 as described in G.S. 164-42.1 and G.S. 164-42.2.
The Commission shall report its findings and recommendations to the 1991 General Assembly, 1991 Regular Session. The report shall describe the status of the Commission's work, and shall include any completed policy recommendations.
The Commission shall report on its progress in formulating recommendations for the classification and ranges of punishment for felonies and misdemeanors, required by G.S. 164-41, and sentencing structures, established under G.S. 164-42, to the 1991 General Assembly, 1992 Regular Session, and shall make a final report on these recommendations no later than 30 days after the convening of the 1993 Session of the General Assembly.
Once the primary duties of the Commission have been accomplished, it shall have the continuing duty to monitor and review the criminal justice and corrections systems and the juvenile justice system in this State to ensure that sentences and dispositions remain uniform and consistent, and that the goals and policies established by the State are being implemented by sentencing and dispositional practices, and it shall recommend methods by which this ongoing work may be accomplished and by which the correctional population simulation model and the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety facilities population simulation model developed under G.S. 164-40 shall continue to be used by the State.
Upon adoption of a system for the classification of offenses formulated under G.S. 164-41, the Commission or its successor shall review all proposed legislation which creates a new criminal offense, changes the classification of an offense, or changes the range of punishment or dispositional level for a particular classification, and shall make recommendations to the General Assembly.
In the case of a new criminal offense, the Commission or its successor shall determine whether the proposal places the offense in the correct classification, based upon the considerations and principles set out in G.S. 164-41. If the proposal does not assign the offense to a classification, it shall be the duty of the Commission or its successor to recommend the proper classification placement.
In the case of proposed changes in the classification of an offense or changes in the range of punishment or dispositional level for a classification, the Commission or its successor shall determine whether such a proposed change is consistent with the considerations and principles set out in G.S. 164-41, and shall report its findings to the General Assembly.
The Commission or its successor shall meet within 10 days after the last day for filing general bills in the General Assembly for the purpose of reviewing bills as described in subsections (e), (f), and (g). The Commission or its successor shall include in its report on a bill an analysis based on an application of the correctional population simulation model or the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety facilities population simulation model to the provisions of the bill.

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

History

(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); 2011-145, s. 19.1( l ); 2017-186, s. 2(ooooooooo).)

Session Laws 2004-124, s. 16.5, provides: "Pursuant to G.S. 164-42.1 and G.S. 164-43, the North Carolina Sentencing and Policy Advisory Commission shall prepare biennial reports on juvenile recidivism in North Carolina. The Commission shall consult with the Department of Juvenile Justice and Delinquency Prevention [now the Division of Juvenile Justice of the Department of Public Safety] and the Fiscal Research Division of the Legislative Services Office of the General Assembly in developing a methodology for measuring juvenile recidivism in North Carolina. The Commission shall report the proposed methodology to the 2005 General Assembly by March 1, 2005. The Commission's report shall also include a timeline for completing the initial analysis and recidivism report and any proposed legislation regarding juvenile recidivism. The report shall also include recommendations for other outcome measures that are appropriate for evaluating juvenile program effectiveness."

Session Laws 2004-124, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2004'."

Session Laws 2004-124, s. 33.5, is a severability clause.

Session Laws 2017-186, s. 2(ooooooooo), effective December 1, 2017, substituted "Juvenile Justice Section of the Division of Adult Correction and" for "Division of" in subsections (d) and (h).

§ 164-44. Statistical information; financial or other aid.

The Commission shall have the secondary duty of collecting, developing, and maintaining statistical data relating to sentencing, corrections, and juvenile justice so that the primary duties of the Commission will be formulated using data that is valid, accurate, and relevant to this State. All State agencies shall provide data as it is requested by the Commission. For the purposes of G.S. 143B-930, the Commission shall be considered to be engaged in the administration of criminal justice. All meetings of the Commission shall be open to the public and the information presented to the Commission shall be available to any State agency or member of the General Assembly.
The Commission shall have the authority to apply for, accept, and use any gifts, grants, or financial or other aid, in any form, from the federal government or any agency or instrumentality thereof, or from the State or from any other source including private associations, foundations, or corporations to accomplish any of the duties set out in this Chapter.

History

Editor's Note. - Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'"

Session Laws 2014-100, s. 38.7, is a severability clause.

Effect of Amendments. - Session Laws 2011-192, s. 8(b), effective June 23, 2011, added the third sentence in subsection (a).

Session Laws 2014-100, s. 17.1(ooo), effective July 1, 2014, substituted "G.S. 143B-930" for "G.S. 114-19.1" in the third sentence of subsection (a).

§ 164-45. Administrative direction and supervision.

The Commission shall be administered under the direction and supervision of the Director of the Administrative Office of the Courts. The Commission shall exercise all of its prescribed statutory powers independently of the head of that Office, except that all management functions shall be performed under the direction and supervision of the Director of the Administrative Office of the Courts. "Management functions," as used in this section, means planning, organizing, staffing, directing, coordinating, and budgeting.

History

§ 164-46: Repealed by Session Laws 1998-212, s. 16.18(b), effective July 1, 1998.

§ 164-47. Biennial Report on Recidivism.

The Judicial Department, through the North Carolina Sentencing and Policy Advisory Commission, and the Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall jointly conduct ongoing evaluations of community corrections programs and in-prison treatment programs and make a biennial report to the General Assembly. The report shall include composite measures of program effectiveness based on recidivism rates, other outcome measures, and costs of the programs.

During the 1998-99 fiscal year, the Sentencing and Policy Advisory Commission shall coordinate the collection of all data necessary to create an expanded database containing offender information on prior convictions, current conviction and sentence, program participation, and outcome measures. Each program to be evaluated shall assist the Commission in the development of systems and collection of data necessary to complete the evaluation process. The first evaluation report shall be presented to the Chairs of the Senate and House Appropriations Committees and the Chairs of the Senate and House Appropriations Subcommittees on Justice and Public Safety by April 15, 2000, and future reports shall be made by April 15 of each even-numbered year.

History

(1998-212, s. 16.18(a); 2011-145, s. 19.1(h); 2017-186, s. 2(ppppppppp).)

Editor's Note. - Session Laws 1998-212, s. 16.18(a), in part, was codified as this section at the direction of the Revisor of Statutes.

Effect of Amendments. - Session Laws 2011-145, s. 19.1(h), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" in the first sentence.

Session Laws 2017-186, s. 2(ppppppppp), effective December 1, 2017, inserted "and Juvenile Justice" in the first sentence of the first paragraph in the section.

§ 164-48. Biennial report on juvenile recidivism.

The Judicial Department, through the North Carolina Sentencing and Policy Advisory Commission, shall conduct biennial recidivism studies of juveniles in North Carolina. Each study shall be based upon a sample of juveniles adjudicated delinquent and document subsequent involvement in both the juvenile justice system and criminal justice system for at least two years following the sample adjudication. All State agencies shall provide data as requested by the Commission.

The Sentencing and Policy Advisory Commission shall report the results of the first recidivism study to the Chairs of the Senate and House of Representatives Appropriations Committees and the Chairs of the Senate and House of Representatives Appropriations Subcommittees on Justice and Public Safety by May 1, 2007, and future reports shall be made by May 1 of each odd-numbered year.

History

(2005-276, s. 14.19(a).)

§ 164-49. Biennial report on effectiveness of JCPC grant recipients.

The Judicial Department, through the North Carolina Sentencing and Policy Advisory Commission, shall conduct biennial studies on the effectiveness of programs receiving Juvenile Crime Prevention Council grant funding in North Carolina. Each study shall be based upon a sample of juveniles admitted to programs funded with JCPC grants and document subsequent involvement in both the juvenile justice system and criminal justice system for at least two years following the sample admittance. All State agencies shall provide data as requested by the Commission.

The Sentencing and Policy Advisory Commission shall report the results of the first effectiveness study to the Chairs of the Senate and House of Representatives Appropriations Committees and the Chairs of the Senate and House of Representatives Appropriations Subcommittees on Justice and Public Safety by May 1, 2011, and future reports shall be made by May 1 of each odd-numbered year.

History

(2009-451, s. 15.17J.)

§ 164-50. Annual report on implementation of Justice Reinvestment Project.

The Judicial Department, through the North Carolina Sentencing and Policy Advisory Commission, and the Division of Adult Correction and Juvenile Justice shall jointly conduct ongoing evaluations regarding the implementation of the Justice Reinvestment Act of 2011. The Commission shall present the first evaluation report to the Joint Legislative Correction, Crime Control, and Juvenile Justice Oversight Committee and to the Chairs of the Senate and House of Representatives Appropriations Subcommittees on Justice and Public Safety by April 15, 2012, and future reports shall be made annually by April 15 of each year.

History

(2011-192, s. 8(a); 2011-145, s. 19.1(h); 2017-186, s. 2(qqqqqqqqq).)

Editor's Note. - Session Laws 2011-192, s. 9, provides: "This act shall be known as 'The Justice Reinvestment Act of 2011.' "

Session Laws 2011-192, s. 10, made this section effective June 23, 2011, and provided that: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions."

Effect of Amendments. - Session Laws 2011-145, s. 19.1(h), effective January 1, 2012, substituted "Division of Adult Correction" for "Department of Correction."

Session Laws 2017-186, s. 2(qqqqqqqqq), effective December 1, 2017, inserted "and Juvenile Justice" in the first sentence of the section.

§ 164-51. Five-year projection; Statewide Misdemeanant Confinement Program.

The Judicial Department, through the North Carolina Sentencing and Policy Advisory Commission (Commission) and with the assistance of the North Carolina Sheriffs' Association (Sheriffs' Association), shall develop projections of available bed space in the Statewide Misdemeanant Confinement Program (Program). The projections shall cover the next five fiscal years beginning with the 2018-2019 fiscal year. All State agencies, the Sheriffs' Association, and the person having administrative control of a local confinement facility as defined in G.S. 153A-217(5) shall furnish to the Commission data related to available bed space as requested to implement this section.

The Commission shall report its projections to the chairs of the Senate Appropriations Committee on Justice and Public Safety and the chairs of the House Appropriations Committee on Justice and Public Safety no later than February 15, 2019, and annually thereafter.

History

(2018-5, s. 18B.3(a).)

Editor's Note. - Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'"

Session Laws 2018-5, s. 18B.3(b), provides: "The Judicial Department, through the North Carolina Sentencing and Policy Advisory Commission (Commission) and with the assistance of the North Carolina Sheriffs' Association (Sheriffs' Association), shall study the feasibility of developing five-year population projections for the Statewide Misdemeanant Confinement Program. The study shall examine potential data needs and existing data, as well as potential projection methods, including making modifications to the existing population simulation model, developing a new model, or using another approach. All State agencies, the Sheriffs' Association, and the person having administrative control of a local confinement facility as defined in G.S. 153A-217(5) shall furnish to the Commission data related to the population as requested to implement this section.

"The Commission shall report the results of the feasibility study to the chairs of the Senate Appropriations Committee on Justice and Public Safety and the chairs of the House Appropriations Committee on Justice and Public Safety no later than February 15, 2019."

Session Laws 2018-5, s. 39.8, made this section effective July 1, 2018.