GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2011-307
SENATE BILL 684
AN ACT to clarify and amend the law providing for a five-year period of post-release supervision for sex offenders by increasing the maximum sentence for sex offenders and providing for their release on post-release supervision with five years remaining on their sentences and to provide that willful refusal to accept or comply with the terms of post-release supervision is punishable as contempt of court, and to amend the Forensic sciences act.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15A-1340.17 is amended by adding a new subsection to read:
"(f) Maximum Sentences Specified for Class B1 Through Class E Sex Offenses. - Unless provided otherwise in a statute establishing a punishment for a specific crime, for offenders sentenced for a Class B1 through E felony that is a reportable conviction subject to the registration requirement of Article 27A of Chapter 14 of the General Statutes, the maximum term of imprisonment shall be equal to the sum of the minimum term of imprisonment and twenty percent (20%) of the minimum term of imprisonment, rounded to the next highest month, plus 60 additional months."
SECTION 2. G.S. 15A-1368.2(a) reads as rewritten:
"(a) A Except
as otherwise provided in this subsection, a prisoner to whom this Article
applies shall be released from prison for post-release supervision on the date
equivalent to his maximum imposed prison term less nine months, less any earned
time awarded by the Department of Correction or the custodian of a local
confinement facility under G.S. 15A-1340.13(d). A prisoner whose
maximum sentence is established pursuant to G.S. 15A-1340.17(f) shall be
released from prison for post-release supervision on the date equivalent to his
or her maximum imposed prison term less 60 months, less any earned time awarded
by the Department of Correction or the custodian of a local confinement
facility under G.S. 15A-1340.13(d). If a prisoner has not been awarded
any earned time, the prisoner shall be released for post-release supervision on
the date equivalent to his maximum prison term less nine months."
SECTION 3. G.S. 15A-1354(b) reads as rewritten:
"(b) Effect of Consecutive Terms. - In determining the effect of consecutive sentences imposed under authority of this Article and the manner in which they will be served, the Department of Correction must treat the defendant as though he has been committed for a single term with the following incidents:
(1) The maximum
prison sentence consists of the total of the maximum terms of the consecutive
sentences, less nine months for each of the second and subsequent sentences
imposed for Class B through Class E felonies; felonies, or less 60 months
for each second or subsequent Class B1 through E felony for which the sentence
was established pursuant to G.S. 15A-1340.17(f); and
(2) The minimum term consists of the total of the minimum terms of the consecutive sentences."
SECTION 4. G.S. 15A-1368(a)(5) reads as rewritten:
"(5) Maximum imposed term. -
The maximum term of imprisonment imposed on an individual prisoner by a court
judgment, as described in G.S. 15A-1340.13(c). When a prisoner is serving
consecutive prison terms, the maximum imposed term, for purposes of this
Article, is the sum of all maximum terms imposed in the court judgment or
judgments, less nine months for each of the second and subsequent sentences
imposed for Class B through Class E felonies. felonies, or less 60 months
for each second or subsequent Class B1 through E felony for which the sentence
was established pursuant to G.S. 15A-1340.17(f)."
SECTION 5. G.S. 15A-1368.2(b) reads as rewritten:
"(b) A prisoner shall not refuse post-release supervision. Willful refusal to accept post-release supervision or to comply with the terms of post-release supervision by a prisoner whose offense requiring post-release supervision is a reportable conviction subject to the registration requirement of Article 27A of Chapter 14 of the General Statutes, is punishable as contempt of court under G.S. 5A-11 and may result in imprisonment under G.S. 5A-12. Furthermore, any period of time during which a prisoner whose offense requiring post-release supervision is a reportable conviction subject to the registration requirement of Article 27A of Chapter 14 of the General Statutes is not in fact released pursuant to subsection (a) of this section due to the prisoner's resistance to that release shall toll the running of the period of supervised release imposed by subsection (c) of this section. For purposes of this subsection and the provisions of G.S. 5A-11, "willful refusal to accept post-release supervision or to comply with the terms of post-release supervision" includes, but is not limited to, knowingly violating the terms of post-release supervision in order to be returned to prison to serve out the remainder of the prisoner's sentence. Notwithstanding any other provision of law, a prisoner punished for the offense of contempt of court under this subsection is not eligible for credit for time served against the sentence for which the prisoner is subject to post-release supervision. Punishment by contempt for willful refusal to accept post-release supervision or to comply with the terms of post-release supervision does not preclude the application of any other sanction provided by law for the same conduct."
SECTION 6. G.S. 5A-11(a) reads as rewritten:
"(a) Except as provided in subsection (b), each of the following is criminal contempt:
(1) Willful behavior committed during the sitting of a court and directly tending to interrupt its proceedings.
(2) Willful behavior committed during the sitting of a court in its immediate view and presence and directly tending to impair the respect due its authority.
(3) Willful disobedience of, resistance to, or interference with a court's lawful process, order, directive, or instruction or its execution.
(4) Willful refusal to be sworn or affirmed as a witness, or, when so sworn or affirmed, willful refusal to answer any legal and proper question when the refusal is not legally justified.
(5) Willful publication of a report of the proceedings in a court that is grossly inaccurate and presents a clear and present danger of imminent and serious threat to the administration of justice, made with knowledge that it was false or with reckless disregard of whether it was false. No person, however, may be punished for publishing a truthful report of proceedings in a court.
(6) Willful or grossly negligent failure by an officer of the court to perform his duties in an official transaction.
(7) Willful or grossly negligent failure to comply with schedules and practices of the court resulting in substantial interference with the business of the court.
(8) Willful refusal to testify or produce other information upon the order of a judge acting pursuant to Article 61 of Chapter 15A, Granting of Immunity to Witnesses.
(9) Willful communication with a juror in an improper attempt to influence his deliberations.
(9a) Willful refusal by a defendant to comply with a condition of probation.
(9b) Willful refusal to accept post-release supervision or to comply with the terms of post-release supervision by a prisoner whose offense requiring post-release supervision is a reportable conviction subject to the registration requirement of Article 27A of Chapter 14 of the General Statutes. For purposes of this subdivision, "willful refusal to accept post-release supervision or to comply with the terms of post-release supervision" includes, but is not limited to, knowingly violating the terms of post-release supervision in order to be returned to prison to serve out the remainder of the supervisee's sentence.
(10) Any other act or omission specified elsewhere in the General Statutes of North Carolina as grounds for criminal contempt.
The grounds for criminal contempt specified here are exclusive, regardless of any other grounds for criminal contempt which existed at common law."
SECTION 7. G.S. 143B-266(a) reads as rewritten:
"(a) There is hereby created a Post-Release Supervision and Parole Commission of the Department of Correction with the authority to grant paroles, including both regular and temporary paroles, to persons held by virtue of any final order or judgment of any court of this State as provided in Chapter 148 of the General Statutes and laws of the State of North Carolina, except that persons sentenced under Article 81B of Chapter 15A of the General Statutes are not eligible for parole but may be conditionally released into the custody and control of United States Immigration and Customs Enforcement pursuant to G.S. 148-64.1. The Commission shall also have authority to revoke, terminate, and suspend paroles of such persons (including persons placed on parole on or before the effective date of the Executive Organization Act of 1973) and to assist the Governor in exercising his authority in granting reprieves, commutations, and pardons, and shall perform such other services as may be required by the Governor in exercising his powers of executive clemency. The Commission shall also have authority to revoke and terminate persons on post-release supervision, as provided in Article 84A of Chapter 15A of the General Statutes. The Commission shall also have the authority to punish for criminal contempt for willful refusal to accept post-release supervision or to comply with the terms of post-release supervision by a prisoner whose offense requiring post-release supervision is a reportable conviction subject to the registration requirement of Article 27A of Chapter 14 of the General Statutes. Any contempt proceeding conducted by the Commission shall be in accordance with G.S. 5A-15 as if the Commission were a judicial official."
SECTION 8. Section 4 of S.L. 2011-19 reads as rewritten:
"SECTION 4. Forensic science professionals at the
State Crime Laboratory shall be required to obtain individual certification
consistent with international and ISO standards as soon as practicable, but
no later than June 1, 2012, within 18 months of the date the analyst
becomes eligible to seek certification according to the standards of the
certifying entity or by June 1, 2012, whichever occurs later, unless no
certification is available. All such forensic science professionals shall have
access to the certification process."
SECTION 9. Section 11 of S.L. 2011-19 reads as rewritten:
"SECTION 11. Sections 1 through 5 and 7Sections
9 through 11 are effective when this act becomes law, and Section 6 becomes
effective July 1, 2011. Sections 7 and 8 of this act are effective when they
become law, however, until October 1, 2012, the provisions of those sections
shall apply only to the North Carolina State Crime Laboratory, and on or after
October 1, 2012, the provisions of Sections 7 and 8 shall apply to all
laboratories conducting forensic or chemical analysis for admission in the
courts of this State. Nothing in this act is intended to amend or modify
either the statutory or common law applicable to discovery in criminal cases
which was applicable prior to the effective date of this act. 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."
SECTION 10. Sections 5, 6, and 7 of this act are effective when they become law and apply to willful refusals to accept post-release supervision or to comply with the terms of post-release supervision that occur on or after that date. Sections 8, 9, and 10 of this act are effective when they become law. The remainder of this act becomes effective December 1, 2011, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 17th day of June, 2011.
s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 10:38 a.m. this 27th day of June, 2011