NC Register Volume 9 Issue 15 - Office of Administrative Hearings

. 0106,
,
—
—
PROPOSED RULES
TITLE 5 DEPARTMENT OF
-
CORRECTION
Notice is hereby given in accordance with G.S.
150B-21.2 that the Department of Correction
intends to repeal rules cited as 5 NCAC 2B .0101
. 0108; and adopt rules cited as 5 NCAC 2B
.0109- .0114.
1 he proposed effective date of this action is
February 1, 1995.
1 he public hearing will be conducted at 10:00
a.m. on December 1 ,
1994 at the Randall Building
Conference Room, 831 West Morgan Street,
Raleigh, NC 27603.
responsibly.— Effective and efficient allocation of
good time and gain time awards is a critical elo
ment for maintaining order, security, and appropri
ate management of the inmate population.
(b) This policy establi shes a method of comput
ing sentence reduction credits in the form of Good
Time for satisfactory behavior,— Gain Time for
participation in work or program assignments, and
meritoriou s time for behavior or specific acts not
normally required of an inmate. This policy
applies to inmates confined in any facility in the
Division of Prisons of the North Carolina Depart -
ment of Correction, a jail,
a regional confinement
facility, a "County Farm", or any other local
confinement facility established for the incarecra
tion of convicted offenders .
Statutory Authority G.S. 148-11; 148-13;
15A-1340. 7.
Jxeason for Proposed Action:
To repeal existing
rules so rules can be consecutive, to adopt rules
for earned time in accordance with the Structured
Sentencing Act, and to adopt rules for good time,
gain time, and meritorious time.
(comment Procedures:
Any person or organization
desiring to make oral comments at the hearing
should register to do so at the hearing.
will be limited to
Statements
10 minutes and one typewritten
copy of any such statement should be submitted at
the hearing. Any additional comments should be
forwarded to the NC Division of Prisons, Attn. :
Deborah L. McSwain, 831 West Morgan Street,
Raleigh, NC 27603, by December 1, 1994.
.0106 SPLIT SENTENCES
Inmates
serving an active pri son term followed
by a period of Special Probation are not eligible
for Good Time, Gain Time or Meritoriou s
Time.
Inmates serving an active sentence following the
revocation of Special Probation are eligible for
Good Time, Gain Time, and Meritorious Time.
Statutory Authority G. S.
148-13.
.0108 CRIMINAL CONTEMPT
Inmates— committed—to
15A-1340.7; 148-11;
custody—fer
criminal
contempt arc not eligible for Good Time, Gain
Time or Meritorious Time.
tLditor's Note:
These Rules were filed as temporary
rules effective November 15, 1994 for a
period of 180 days or until the permanent rule
becomes effective,
whichever is sooner.
CHAPTER 2 - DIVISION OF PRISONS
SUBCHAPTER 2B - INMATE CONDUCT
RULES: DISCIPLINE
SECTION .0100 -
.0101 PURPOSE
GOOD TIME AND GAIN
TIME
(a) Th e General Statutes authorize the awarding
of various sentence reduction oredits to selected
inmatos .— Th e awarding of such credits serves ao
an inoentive for inmates to be productive and aot
Statutory Authority G.S. 5A-12(c); 148-13.
.0109 SCOPE
(a) The General Statutes authorize the awarding
of various sentence reduction credits to selected
inmates. The awarding of such credit shall serve
as an incentive for inmates to be productive and
act responsibly. Effective and efficient allocation
of Good Time, Gain Time, and Earned Time
awards is a critical element for maintaining order,
security and appropriate management of inmate
population.
(b) This Rule establishes a method of computing
sentence reduction credits in the form of Good
Time for satisfactory behavior. Gain Time and
Earned Time for participation in work or program
assignments, and Meritorious Time for behavior or
specific acts not normally required of an inmate.
This Rule applies to inmates sentenced to the
1157 NORTH CAROLINA REGISTER November 1, 1994 9:15