15A-1460. Definitions. The following definitions apply in this Article: (1) "Claim of factual innocence" means a claim on behalf of a living person convicted of a felony in the General Court of Justice of the State of North Carolina, asserting the complete innocence of any criminal responsibility for the felony for which the person was […]
15A-1461. Purpose of Article. This Article establishes an extraordinary procedure to investigate and determine credible claims of factual innocence that shall require an individual to voluntarily waive rights and privileges as described in this Article. (2006-184, s. 1; 2010-171, s. 5.)
15A-1462. Commission established. (a) There is established the North Carolina Innocence Inquiry Commission. The North Carolina Innocence Inquiry Commission shall be an independent commission under the Administrative Office of the Courts for administrative purposes. (b) The Administrative Office of the Courts shall provide administrative support to the Commission as needed. The Director of the Administrative […]
15A-1463. Membership; chair; meetings; quorum. (a) The Commission shall consist of eight voting members as follows: (1) One shall be a superior court judge. (2) One shall be a prosecuting attorney. (3) One shall be a victim advocate. (4) One shall be engaged in the practice of criminal defense law. (5) One shall be a […]
15A-1464. Terms of members; compensation; expenses. (a) Of the initial members, two appointments shall be for one-year terms, three appointments shall be for two-year terms, and three appointments shall be for three-year terms. Thereafter, all terms shall be for three years. Members of the Commission shall serve no more than two consecutive three-year terms plus […]
15A-1465. Director and other staff. (a) The Commission shall employ a Director. The Director shall report to the Director of the Administrative Office of the Courts, who shall consult with the Commission chair. The Director shall be an attorney licensed to practice in North Carolina at the time of appointment and at all times during […]
15A-1466. Duties. The Commission shall have the following duties and powers: (1) To establish the criteria and screening process to be used to determine which cases shall be accepted for review. (2) To conduct inquiries into claims of factual innocence, with priority to be given to those cases in which the convicted person is currently […]
15A-1467. Claims of innocence; waiver of convicted person’s procedural safeguards and privileges; formal inquiry; notification of the crime victim. (a) A claim of factual innocence for any conviction may be referred to the Commission by any court, a State or local agency, or a claimant’s counsel. A claim of factual innocence for convictions of homicide […]
15A-1468. Commission proceedings. (a) At the completion of a formal inquiry, all relevant evidence shall be presented to the full Commission in a public hearing. Any public hearing held in accordance with this section shall be subject to the Commission’s rules of operation. The Commission’s rules of operation shall not exclude the district attorney or […]
15A-1469. Postcommission three-judge panel. (a) If the Commission concludes or the district attorney and the convicted person’s counsel agree pursuant to G.S. 15A-1468(f), there is sufficient evidence of factual innocence to merit judicial review, the Chair of the Commission shall request the Chief Justice to appoint a three-judge panel, not to include any trial judge […]
15A-1470. No right to further review of decision by Commission or three-judge panel; convicted person retains right to other postconviction relief. (a) Unless otherwise authorized by this Article, the decisions of the Commission and of the three-judge panel are final and are not subject to further review by appeal, certification, writ, motion, or otherwise. (b) […]
15A-1471. Preservation of files and evidence; production of files and evidence; forensic and DNA testing. (a) Upon receiving written notice from the Commission of a Commission inquiry, the State shall preserve all files and evidence subject to disclosure under G.S. 15A-903. Once the Commission provides written notice to the State that the Commission’s inquiry is […]
15A-1475. Reports. The North Carolina Innocence Inquiry Commission shall report annually by February 1 of each year on its activities to the Joint Legislative Oversight Committee on Justice and Public Safety and the State Judicial Council. The report may contain recommendations of any needed legislative changes related to the activities of the Commission. The report […]
