(a)        Commencement of Sentence. – The commencement date of a sentence of imprisonment under authority of this Article is as provided in N.C. Gen. Stat. § 15A-1353(a), except when the sentence is a consecutive sentence. When it is a consecutive sentence, it commences to run when the State has custody of the defendant following completion of the prior sentence.

(b)        Repealed by Session Laws 1977, 2nd Sess., c. 1147, s. 19.

(c)        Earned Time; Credit for Good Behavior for Impaired Drivers. – Persons convicted of felonies or misdemeanors under Article 81B of this Chapter may, consistent with rules of the Division of Prisons of the Department of Adult Correction, earn credit which may be used to reduce their maximum terms of imprisonment as provided in N.C. Gen. Stat. § 15A-1340.13(d) for felony sentences and in N.C. Gen. Stat. § 15A-1340.20(d) for misdemeanor sentences.

For sentences of imprisonment imposed for convictions of impaired driving under N.C. Gen. Stat. § 20-138.1, the Division of Prisons of the Department of Adult Correction may give credit toward service of the maximum term and any minimum term of imprisonment and toward eligibility for parole for allowances of time as provided in rules and regulations made under N.C. Gen. Stat. § 148-11 and 148-13.

(d)       Earned Time Credit for Medically and Physically Unfit Inmates. – Inmates in the custody of the Division of Prisons of the Department of Adult Correction who suffer from medical conditions or physical disabilities that prevent their assignment to work release or other rehabilitative activities may, consistent with rules of the Division of Prisons of the Department of Adult Correction, earn credit based upon good behavior or other criteria determined by the Division that may be used to reduce their maximum term of imprisonment as provided in N.C. Gen. Stat. § 15A-1340.13(d) for felony sentences and in N.C. Gen. Stat. § 15A-1340.20(d) for misdemeanor sentences. ?(1977, c. 711, s. 1; 1977, 2nd Sess., c. 1147, s. 19; 1979, c. 749, s. 8; c. 760, s. 4; 1981, c. 571; c. 1127, s. 84; 1983, c. 560, s. 1; 1993, c. 538, s. 20; 1994, Ex. Sess., c. 24, s. 14(b); 2001-424, s. 25.1(a); 2002-126, s. 17.19(d); 2002-159, s. 77; 2011-145, s. 19.1(h); 2017-186, s. 2(ttt); 2021-180, s. 19C.9(p).)

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In North Carolina General Statutes 15A-1355

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
  • 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