North Carolina General Statutes 15A-1374. Conditions of parole
(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 condition of every parole that the parolee not commit another crime during the period for which the parole remains subject to revocation. When the Commission releases a person on parole, it must give him a written statement of the conditions on which he is being released.
(a1) Required Conditions for Certain Offenders. – A person serving a term of imprisonment for an impaired driving offense sentenced pursuant to N.C. Gen. Stat. § 20-179 that:
(1) Has completed any recommended treatment or training program required by N.C. Gen. Stat. § 20-179(p)(3); and
Terms Used In North Carolina General Statutes 15A-1374
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, Internet, or similar capabilities. See North Carolina General Statutes 15A-101.1
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- month: shall be construed to mean a calendar month, unless otherwise expressed; and the word "year" a calendar year, unless otherwise expressed; and the word "year" alone shall be equivalent to the expression "year of our Lord. See North Carolina General Statutes 12-3
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- satellite-based monitoring: means monitoring with an electronic monitoring device that is not removed from a person's body, that is utilized by the supervising agency in conjunction with a Web-based computer system that actively monitors, identifies, tracks, and records a person's location at least once every minute 24 hours a day, that has a battery life of at least 48 hours without being recharged, that timely records and reports or records the person's presence near or within a crime scene or prohibited area or the person's departure from a specified geographic location, and that has incorporated into the software the ability to automatically compare crime scene data with locations of all persons being electronically monitored so as to provide any correlation daily or in real time. See North Carolina General Statutes 15A-101.1
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Is not being paroled to a residential treatment program;
shall, as a condition of parole, receive community service parole pursuant to N.C. Gen. Stat. § 15A-1371(h), or be required to comply with subdivision (b)(8a) of this section.
(b) Appropriate Conditions. – As conditions of parole, the Commission may require that the parolee comply with one or more of the following conditions:
(1) Work faithfully at suitable employment or faithfully pursue a course of study or vocational training that will equip him for suitable employment.
(2) Undergo available medical or psychiatric treatment and remain in a specified institution if required for that purpose.
(3) Attend or reside in a facility providing rehabilitation, instruction, recreation, or residence for persons on parole.
(4) Support his dependents and meet other family responsibilities.
(5) Possess no firearm, firearm ammunition, explosive device, or other deadly weapon listed in N.C. Gen. Stat. § 14-269 unless granted written permission by the Commission.
(6) Report to a parole officer at reasonable times and in a reasonable manner, as directed by the Commission or the parole officer.
(7) Permit the parole officer to visit him at reasonable times at his home or elsewhere.
(8) Remain within the geographic limits fixed by the Commission unless granted written permission to leave by the Commission or the parole officer.
(8a) Remain in one or more specified places for a specified period or periods each day and wear a device that permits the defendant‘s compliance with the condition to be monitored electronically.
(8b) Remain alcohol free, and prove such abstinence through evaluation by a continuous alcohol monitoring system of a type approved by the Division of Community Supervision and Reentry of the Department of Adult Correction.
(9) Answer all reasonable inquiries by the parole officer and obtain prior approval from the parole officer for any change in address or employment.
(10) Promptly notify the parole officer of any change in address or employment.
(11) Submit at reasonable times to warrantless searches by a parole officer of the parolee’s person and of the parolee’s vehicle and premises while the parolee is present, for purposes reasonably related to the parole supervision. The Commission may not require as a condition of parole that the parolee submit to any other searches that would otherwise be unlawful. If the parolee has been convicted of an offense which is a reportable conviction as defined in N.C. Gen. Stat. § 14-208.6(4), or which involves the physical, mental, or sexual abuse of a minor, warrantless searches of the parolee’s computer or other electronic mechanism which may contain electronic data shall be considered reasonably related to the parole supervision. Whenever the search consists of testing for the presence of illegal drugs, the parolee may also be required to reimburse the Division of Community Supervision and Reentry of the Department of Adult Correction for the actual cost of drug testing and drug screening, if the results are positive.
(11a) Make restitution or reparation to an aggrieved party as provided in N.C. Gen. Stat. § 148-57.1
(11b) Comply with an order from a court of competent jurisdiction regarding the payment of an obligation of the parolee in connection with any judgment rendered by the court.
(11c) In the case of a parolee who was attending a basic skills program during incarceration, continue attending a basic skills program in pursuit of an adult high school equivalency diploma or adult high school diploma.
(12) Satisfy other conditions reasonably related to his rehabilitation.
(b1) Satellite-Based Monitoring as Condition of Parole for Certain Offenders. – If a parolee is in a category described by N.C. Gen. Stat. § 14-208.40(a)(1) or N.C. Gen. Stat. § 14-208.40(a)(2) and based on a court’s determination requires the highest possible level of supervision and monitoring, the Commission must require as a condition of parole that the parolee submit to satellite-based monitoring pursuant to Part 5 of Article 27A of Chapter 14 of the N.C. Gen. Stat..
(c) Supervision Fee. – The Commission must require as a condition of parole that the parolee pay a supervision fee of forty dollars ($40.00) per month. The Commission may exempt a parolee from this condition of parole only if it finds that requiring him to pay the fee will constitute an undue economic burden. The fee must be paid to the clerk of superior court of the county in which the parolee was convicted. The clerk must transmit any money collected pursuant to this subsection to the State to be deposited in the general fund of the State. In no event shall a person released on parole be required to pay more than one supervision fee per month.
(d) Any fees or costs paid by the parolee in order to comply with the imposition of subdivision (8b) of subsection (b) of this section shall be paid to the clerk of court for the county in which the parolee was convicted. Fees or costs collected under this subsection shall be transmitted to the entity providing the continuous alcohol monitoring system. (1977, c. 711, s. 1; 1979, c. 749, s. 11; 1983, c. 562; 1985, c. 474, s. 6; 1987, c. 579, s. 3; c. 830, s. 17; 1989 (Reg. Sess., 1990), c. 1034, s. 2; 1991, c. 54, s. 1; 1991 (Reg. Sess., 1992), c. 1000, s. 2; 1993, c. 538, s. 39; 1994, Ex. Sess., c. 24, s. 14(b); 2002-126, s. 29A.2(c); 2006-247, s. 15(h); 2006-253, s. 27; 2007-165, ss. 4, 5; 2007-213, s. 8; 2010-31, s. 19.3(c); 2011-145, s. 19.1(h); 2014-115, s. 28(b); 2017-186, s. 2(cccc); 2021-138, s. 18(n); 2021-180, s. 19C.9(t); 2021-182, s. 2(i); 2023-121, s. 2(c).)