North Carolina Department of Justice
North Carolina Department of Justice
North Carolina Department of Justice
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July 25, 1995

Commissioner Charles L. Mann

N.C. Parole Commission 831 W. Morgan Street Raleigh, NC 27626-0540

Re: Advisory Opinion

Dear Commissioner Mann:

You have asked the following questions as a Board member of the Parole Commission:

(1)
Does the Parole Commission have authority to impose or attach conditions to mandatory reentry paroles granted pursuant to N.C.G.S. § 15A-1380.2?
(2)
Is the Commission required to parole the prisoner under G.S. §15A-1380.2, if the prisoner refuses to accept the conditions of parole?

For the reasons which follow, it is my opinion that the Parole Commission has the authority to set certain conditions in conjunction with a mandatory reentry parole under G.S. §15A-1380.2.

G.S. §15A-1380.2(d) provides that "the only conditions of reentry parole shall be those provided by G.S. §1374(b)(6), (7), (8), (9), and (10).

If the Parole Commission finds that the prisoner's return to the community poses a threat or danger to the health or safety of the public, the Commission may require additional conditions of reentry parole, provided in G.S. §15A-1374(b)(2) and (12).

It is clear from the foregoing provisions that conditions may be attached to reentry paroles. If the person is a threat or danger to the safety of the public, the Commissioner may attach additional conditions reasonably related to his rehabilitation.

Under G.S. § 15A-1380.2(g) a prisoner, eligible for reentry parole, may refuse to accept such parole. If a prisoner refuses to accept the conditions of reentry parole, he remains in prison until he completes his/her sentence.

Based upon the analysis set forth, we conclude that:

(1)
The Parole Commission may impose the conditions provided by G.S. §15A-1374(b)(6), (7), (8), (9), and (10) upon prisoners being given reentry parole. The Parole Commission may impose the additional conditions set forth in G.S. § 15A-1380.2(b)(2) and (12), if the inmate is a threat or danger to the health and safety of the public.
(2)
The Parole Commission need not grant a reentry parole to a prisoner who refuses to accept such parole. Upon refusal of parole, the prisoner shall remain in prison.

This is an advisory letter. It has not been reviewed and approved in accordance with procedures for issuing an Attorney General's opinion. This letter does express the opinion of the undersigned

but does not express a formal opinion of the Office of the Attorney General. Please note that G.S. §15A-1380.2 was repealed, effective October 1, 1994. For offenses occurring before October 1, 1994, the statutes applicable to those offenses remain applicable and are not abated or affected by said repeal.

William N. Farrell, Jr. Senior Deputy Attorney General