NCJ Number
65271
Date Published
1979
Length
138 pages
Annotation
ALL ASPECTS OF NORTH CAROLINA'S PROBATION AND PAROLE LAW AND PRACTICE ARE PRESENTED IN THIS TEACHING TEXT REFERENCE WORK.
Abstract
THOSE OFFENDERS ELIGIBLE FOR PROBATION AND PAROLE IN NORTH CAROLINA ARE INDICATED. IN DISCUSSING FACTORS INVOLVED IN PAROLE DECISIONMAKING, THE BOOK CONSIDERS FOLLOWING ISSUES: CREDIT FOR TIME PREVIOUSLY SERVED AND GOOD BEHAVIOR, PAROLE ELIGIBILITY FOR PRISONERS SENTENCED BEFORE AND ON OR AFTER JULY 1, 1978, AND CRIMES FOR WHICH PAROLE IS RESTRICTED. ADDITIONAL INFLUENCING FACTORS ARE TIME SERVED BEFORE PAROLE CONSIDERATION, 'AUTOMATIC' PAROLE WHEN ONE-THIRD OF A SENTENCE IS COMPLETED, MANDATORY PAROLE AT THE END OF A FELONY TERM, AND PAROLE UNDER THE NEW PRESUMPTIVE SENTENCING LAW. THE TERMS AND CONDITIONS OF PROBATION AND PAROLE, ALONG WITH THE APPEAL PROCEDURES FOR A PROBATION JUDGEMENT ARE ALSO DESCRIBED. FOLLOWING A CONSIDERATION OF THE PROBATION/PAROLE OFFICER'S LEGAL DUTIES, THE VOLUME TAKES UP THE TOPIC OF OFFICER'S LAW ENFORCEMENT POWERS IN THE AREAS OF ARREST, SEARCH, AND INTERFERENCE WITH DUTY PERFORMANCE. THE OFFICER DISCRETION, INITIATION OF REVOCATION, AND REVOCATION PROCEEDINGS WHERE VIOLATION IS COMMITTED NEAR THE END OF A TERM ARE EXAMINED IN RELATION TO OFFICER RESPONSES TO PROBATION/PAROLE VIOLATIONS. PROCEEDINGS FOR PROBATION/PAROLE MODIFICATION, TERMINATION, EXTENSION, REVOCATION, AND RELATED HEARINGS ARE DETAILED. POSSIBLE COURT AND PAROLE COMMISSION RESPONSES TO VIOLATIONS ARE INDICATED, AND THE OPERATION OF INTERSTATE EXTRADITIONS AND COMPACTS IS DISCUSSED. THE APPENDIX CONTAINS COPIES OF NORTH CAROLINA PROBATION AND PAROLE STATUTES. FOOTNOTES ARE PROVIDED. (RCB)