Chapter 15A

(a) Conditionality. - Post-release supervision is conditional and subject to revocation. (b) Modification. - The Commission may for good cause shown modify the conditions of post-release supervision at any time before the termination of the supervision period. (c) Effect of Viola…

(a) In General. - Conditions of post-release supervision may be reintegrative in nature or designed to control the supervisee's behavior and to enforce compliance with law or judicial order. A supervisee may have his supervision period revoked for any violation of a controlling c…

A period of post-release supervision begins on the day the prisoner is released from imprisonment. Periods of post-release supervision run concurrently with any federal or State prison, jail, probation, or parole terms to which the prisoner is subject during the period, only if t…

(a) Arrest for Violation of Post-Release Supervision. - A supervisee is subject to arrest by a law enforcement officer or a post-release supervision officer for violation of conditions of post-release supervision only upon issuance of an order of temporary or conditional revocati…

The following definitions apply to this Article: (1) Commission. - The Post-Release Supervision and Parole Commission. (1a) Department. - The Department of Adult Correction. (2) Repealed by Session Laws 2021-180, s. 19C.9(ccc), effective January 1, 2023. (3) Geriatric. - An inmat…

The Commission shall establish a medical release program to be administered by the Division. The Commission shall prescribe when and under what conditions an inmate may be released for medical release, consistent with the provisions of G.S. 15A-1369.4. The Commission may adopt ru…

(a) Except as otherwise provided in this section, notwithstanding any other provision of law, an inmate is eligible to be considered for medical release if the Division determines that the inmate meets both of the following criteria: (1) The inmate is diagnosed as permanently and…

(a) The Commission shall consider an inmate for medical release upon referral by the Division. The Division may base its referral upon either a request or petition for release filed by the inmate, the inmate's attorney, or the inmate's next of kin or upon a recommendation from wi…

(a) The Commission shall set reasonable conditions upon an inmate's medical release that shall apply through the date upon which the inmate's sentence would have expired. These conditions shall include all of the following: (1) That the released inmate's care be consistent with t…

(a) If a periodic medical assessment reveals that an inmate released on medical release has improved so that the inmate would not be eligible for medical release if being considered at that time, the Commission shall order the inmate returned to the custody of the Division to awa…

This Article is applicable to all prisoners serving sentences of imprisonment for convictions of impaired driving under G.S. 20-138.1. This Article does not apply to a prisoner serving a sentence of life imprisonment without parole. A prisoner serving a sentence of life imprisonm…

(a) Eligibility. - Unless his sentence includes a minimum sentence, a prisoner serving a term of imprisonment for a conviction of impaired driving under G.S. 20-138.1 other than one included in a sentence of special probation imposed under authority of this Subchapter is eligible…

(a) Term of Parole. - The term of parole for any person released from imprisonment may be no greater than one year. (b) Repealed by Session Laws 1993, c. 538, s. 23, effective October 1, 1994. (c) Termination of Sentence. - When a parolee completes his period of parole, the sente…

(a) Conditionality of Parole. - Unless terminated sooner as provided in subsection (b), parole remains conditional and subject to revocation. (b) Early Termination. - The Post-Release Supervision and Parole Commission may terminate a period of parole and discharge the parolee at …

(a) In General. - The Post-Release Supervision and Parole Commission may in its discretion impose conditions of parole it believes reasonably necessary to insure that the parolee will lead a law-abiding life or to assist him to do so. The Commission must provide as an express con…

A period of parole commences on the day the prisoner is released from imprisonment. Periods of parole run concurrently with any federal or State prison, jail, probation, or parole term to which the defendant is subject during the period. (1977, c. 711, s. 1.)

(a) Arrest for Violation of Parole. - A parolee is subject to arrest by a law-enforcement officer or a parole officer for violation of conditions of parole only upon the issuance of an order of temporary or conditional revocation of parole by the Post-Release Supervision and Paro…

As used in this Article, the term "disposition" means any action which results in termination or indeterminate suspension of the prosecution of a criminal charge. A disposition may be any one of the following actions: (1) A finding of no probable cause pursuant to G.S. 15A-511(c)…

(a) When the defendant is fingerprinted pursuant to G.S. 15A-502 prior to the disposition of the case, a report of the disposition of the charges shall be made to the State Bureau of Investigation on a form supplied by the State Bureau of Investigation within 60 days following di…

(a) When a defendant is found guilty of an offense involving assault, communicating a threat, or any of the acts as defined in G.S. 50B-1(a), the presiding judge shall determine whether the defendant and victim had a personal relationship. If the judge determines that there was a…

When a person is found guilty of a felony offense, the presiding judge shall determine whether the defendant used or displayed a firearm while committing the felony. If the judge determines that the defendant used or displayed a firearm while committing the felony, the sentencing…

(a) On January 1, 1982, or on the first day of the month following the date on which any superior court district becomes effective under G.S. 7A-41, each senior resident superior court judge shall file a plan with the Director of the State Bureau of Investigation for the implemen…

Relief from errors committed in criminal trials and proceedings and other post-trial relief may be sought by: (1) Motion for appropriate relief, as provided in Article 89. (1a) Motion for innocence claim inquiry as provided in Article 92 of Chapter 15A of the General Statutes. (2…

An attorney enters a criminal proceeding when he: (1) Files a written notice of entry with the clerk indicating an intent to represent a defendant in a specified criminal proceeding; or (2) Appears in a criminal proceeding without limiting the extent of his representation; or (3)…

(a) Relief from errors committed in the trial division, or other post-trial relief, may be sought by a motion for appropriate relief. Procedure for the making of the motion is as set out in G.S. 15A-1420. (b) A motion for appropriate relief, whether made before or after the entry…

The provision in this Article for the right to seek relief by motion for appropriate relief is procedural and is not determinative of the question of whether the moving party is entitled to the relief sought or to other appropriate relief. (1977, c. 711, s. 1.)

(a) A motion for appropriate relief made pursuant to G.S. 15A-1415 may be heard and determined in the trial division by any judge who (i) is empowered to act in criminal matters in the district court district as defined in G.S. 7A-133 or superior court district or set of district…

(a) After the verdict but not more than 10 days after entry of judgment, the defendant by motion may seek appropriate relief for any error committed during or prior to the trial. (b) Unless included in G.S. 15A-1415, all errors, including but not limited to the following, must be…

(a) In a capital case, a defendant may file a postconviction motion for appropriate relief based on any of the grounds enumerated in this section within 120 days from the latest of any of the following: (1) The court's judgment has been filed, but the defendant failed to perfect …

(a) After the verdict but not more than 10 days after entry of judgment, the State by motion may seek appropriate relief for any error which it may assert upon appeal. (b) At any time after verdict the State may make a motion for appropriate relief for: (1) The imposition of sent…

(a) A motion for appropriate relief seeking to vacate a conviction for a nonviolent offense based on the grounds set out in G.S. 15A-1415(b)(10) shall be filed in the court where the conviction occurred. The motion may be filed at any time following the entry of a verdict or find…

(a) The following relief is available when the court grants a motion for appropriate relief: (1) New trial on all or any of the charges. (2) Dismissal of all or any of the charges. (3) The relief sought by the State pursuant to G.S. 15A-1416. (3a) For claims of factual innocence,…

(a) When a case is in the appellate division for review, a motion for appropriate relief based upon grounds set out in G.S. 15A-1415 must be made in the appellate division. For the purpose of this section a case is in the appellate division when the jurisdiction of the trial cour…

(a) The following are grounds for the denial of a motion for appropriate relief, including motions filed in capital cases: (1) Upon a previous motion made pursuant to this Article, the defendant was in a position to adequately raise the ground or issue underlying the present moti…

The clerk must note each entry by an attorney in the records of the proceeding. (1973, c. 1286, s. 1.)

(a) Form, Service, Filing. - (1) A motion for appropriate relief must: a. Be made in writing unless it is made: 1. In open court; 2. Before the judge who presided at trial; 3. Before the end of the session if made in superior court; and 4. Within 10 days after entry of judgment; …

The provisions of Chapter 7A of the General Statutes with regard to the appointment of counsel for indigent defendants are applicable to proceedings under this Article. The court also may make appropriate orders relieving indigent defendants of all or a portion of the costs of th…

(a) The making of a motion for appropriate relief is not a prerequisite for asserting an error upon appeal. (b) The grant or denial of relief sought pursuant to G.S. 15A-1414 is subject to appellate review only in an appeal regularly taken. (c) The court's ruling on a motion for …

An attorney who enters a criminal proceeding without limiting the extent of his representation pursuant to G.S. 15A-141(3) undertakes to represent the defendant for whom the entry is made at all subsequent stages of the case until entry of final judgment, at the trial stage. An a…

(a) A defendant convicted before a magistrate may appeal for trial de novo before a district court judge without a jury. (b) A defendant convicted in the district court before the judge may appeal to the superior court for trial de novo with a jury as provided by law. Upon the do…

(a) Unless the rule against double jeopardy prohibits further prosecution, the State may appeal from the district court judge to the superior court: (1) When there has been a decision or judgment dismissing criminal charges as to one or more counts. (2) Upon the granting of a mot…

The court may allow an attorney to withdraw from a criminal proceeding upon a showing of good cause. (1973, c. 1286, s. 1.)

Errors of law may be corrected upon appellate review as provided in this Article, except that review of capital cases shall be given priority on direct appeal and in State postconviction proceedings. (1977, c. 711, s. 1; 1995 (Reg. Sess., 1996), c. 719, s. 6.)

The following constitute grounds for correction of errors by the appellate division. (1) Lack of Jurisdiction. - a. The trial court lacked jurisdiction over the offense. b. The trial court did not have jurisdiction over the person of the defendant. (2) Error in the Criminal Plead…

(a) A defendant is prejudiced by errors relating to rights arising other than under the Constitution of the United States when there is a reasonable possibility that, had the error in question not been committed, a different result would have been reached at the trial out of whic…

(a) A defendant who has entered a plea of not guilty to a criminal charge, and who has been found guilty of a crime, is entitled to appeal as a matter of right when final judgment has been entered. (a1) A defendant who has been found guilty, or entered a plea of guilty or no cont…

(a) Unless the rule against double jeopardy prohibits further prosecution, the State may appeal from the superior court to the appellate division: (1) When there has been a decision or judgment dismissing criminal charges as to one or more counts. (2) Upon the granting of a motio…

(a) Except as provided in subsection (d) of this section, error shall not be asserted upon appellate review unless the error has been brought to the attention of the trial court by appropriate and timely objection or motion. No particular form is required in order to preserve the…

(a) If the appellate court finds that there has been reversible error which denied the defendant a fair trial conducted in accordance with law, it must grant the defendant a new trial. (b) If the appellate court finds that the facts charged in a pleading were not at the time char…

(a) Time for Entry of Appeal; Jurisdiction over the Case. - (1) A case remains open for the taking of an appeal to the appellate division for the period provided in the rules of appellate procedure for giving notice of appeal. (2) When a motion for appropriate relief is made unde…