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§ 164-40 – Correction population simulation model; Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety facilities population simulation model[Effective until January 1, 2023]

164-40. Correction population simulation model; Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety facilities population simulation model. [Effective until January 1, 2023] (a) The Commission shall develop a correctional population simulation model, and shall have first priority to apply the model to a given fact […]

§ 164-41 – Classification of offenses ranges of punishment.

164-41. Classification of offenses – ranges of punishment. (a) The Commission shall classify criminal offenses into felony and misdemeanor categories on the basis of their severity. (b) In determining the proper category for each felony and misdemeanor, the Commission shall consider, to the extent that they have relevance, the following: (1) The nature and degree […]

§ 164-42 – Sentencing structures[Effective until January 1, 2023]

164-42. Sentencing structures. [Effective until January 1, 2023] (a) The Commission shall recommend structures for use by a sentencing court in determining the most appropriate sentence to be imposed in a criminal case, including: (1) Imposition of an active term of imprisonment; (2) Imposition of a term of probation; (3) Suspension of a sentence to […]

§ 164-42.1 – Policy recommendations.

164-42.1. Policy recommendations. (a) Using the studies of the Special Committee on Prisons, the Governor’s Crime Commission, and other analyses, including testimony from representatives of the bodies that conducted the analyses, the Commission shall: (1) Determine the long-range needs of the criminal justice and corrections systems and recommend policy priorities for those systems; (2) Determine […]

§ 164-35 – Commission established.

164-35. Commission established. The North Carolina Sentencing and Policy Advisory Commission is established. As used in this Article, the term "Commission" means the North Carolina Sentencing and Policy Advisory Commission. (1989 (Reg. Sess., 1990), c. 1076, s. 1; 1991 (Reg. Sess., 1992), c. 812, s. 12; c. 816, s. 1; 1993, c. 253, s. 5.1; […]

§ 164-36 – Powers and duties.

164-36. Powers and duties. (a) Sentences established for violations of the State’s criminal laws should be based on the established purposes of our criminal justice and corrections systems. The Commission shall evaluate sentencing laws and policies in relationship to both the stated purposes of the criminal justice and corrections systems and the availability of sentencing […]

§ 164-37 – Membership; chairman; meetings; quorum[Effective until January 1, 2023]

164-37. Membership; chairman; meetings; quorum. [Effective until January 1, 2023] The Commission shall consist of 28 members as follows: (1) The Chief Justice of the North Carolina Supreme Court shall appoint a sitting or former Justice or judge of the General Court of Justice, who shall serve as Chairman of the Commission; (2) The Chief […]

§ 164-38 – Terms of members; compensation; expenses.

164-38. Terms of members; compensation; expenses. The terms of existing members shall expire on June 30, 1997, unless they resign or are removed. New members shall be appointed or the existing members reappointed by the appointing authorities to serve terms of two years, unless they resign or are removed. Members serving by virtue of elective […]