North Carolina General Statutes 15A-836. Responsibilities of agency with custody of defendant
(a) When a form is included with the final judgment and commitment pursuant to N.C. Gen. Stat. § 15A-832(g), or when the victim has otherwise filed a written request for notification with the custodial agency, the custodial agency shall notify the victim of:
(1) The projected date by which the defendant can be released from custody. The calculation of the release date shall be as exact as possible, including earned time and disciplinary credits if the sentence of imprisonment exceeds 90 days.
Terms Used In North Carolina General Statutes 15A-836
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- filed: means :
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
(2) An inmate’s assignment to a minimum custody unit and the address of the unit. This notification shall include notice that the inmate’s minimum custody status may lead to the inmate’s participation in one or more community-based programs such as work release or supervised leaves in the community.
(3) The victim’s right to submit any concerns to the agency with custody and the procedure for submitting such concerns.
(4) The defendant’s escape from custody, within 72 hours, except that if a victim has notified the agency in writing that the defendant has issued a specific threat against the victim, the agency shall notify the victim as soon as possible and within 24 hours at the latest.
(5) The defendant’s capture, within 24 hours.
(6) The date the defendant is scheduled to be released from the facility. Whenever practical, notice shall be given 60 days before release. In no event shall notice be given less than seven days before release.
(7) The defendant’s death.
(8) The procedure for alleging a failure of the custodial agency to notify the victim as required by this section.
(b) Notifications required in this section shall be provided within 60 days of the date the custodial agency takes custody of the defendant or within 60 days of the event requiring notification, or as otherwise specified in subsection (a) of this section. (1998-212, s. 19.4(c); 2001-433, s. 7; 2001-487, s. 120; 2019-216, s. 8.)