(a) The Secretary of the Department of Adult Correction may issue regulations regarding the grades of custody in which State prisoners are kept, the privileges and restrictions applicable to each custody grade, and the amount of cash, clothing, etc., to be awarded to State prisoners after their discharge or parole. The amount of cash awarded to a prisoner upon discharge or parole after being incarcerated for two years or longer shall be at least forty-five dollars ($45.00).
(a1) The Secretary of the Department of Adult Correction shall adopt rules to specify the rates at, and circumstances under, which earned time authorized by G.S. 15A-1340.13(d) and G.S. 15A-1340.20(d) may be earned or forfeited by persons serving activated sentences of imprisonment for felony or misdemeanor convictions. Such rules shall include any person serving an activated sentence of imprisonment who is confined in a detention facility approved by the Division of Juvenile Justice of the Department of Public Safety.
(b) With respect to prisoners who are serving sentences for impaired driving offenses under G.S. 20-138.1, the Secretary of the Department of Adult Correction may, in the Secretary's discretion, issue regulations regarding deductions of time from the terms of such prisoners for good behavior, meritorious conduct, work or study, participation in rehabilitation programs, and the like.
(c), (d) Repealed by Session Laws 1993, c. 538, s. 32, effective January 1, 1995.
(e) The Secretary's regulations concerning earned time and good time credits authorized by this section shall be distributed to and followed by local jail administrators and by personnel of the Division of Juvenile Justice or personnel approved by the Division of Juvenile Justice with regard to sentenced jail prisoners, including prisoners housed in a detention facility approved by the Division of Juvenile Justice.
(f) The provisions of this section do not apply to persons sentenced to a term of special probation under G.S. 15A-1344(e) or G.S. 15A-1351(a). (1933, c. 172, s. 23; 1935, c. 414, s. 15; 1937, c. 88, s. 1; 1943, c. 409; 1955, c. 238, s. 6; 1979, c. 760, s. 4; 1979, 2nd Sess., c. 1316, ss. 43-47; 1981, c. 63, s. 1; c. 179, s. 14; c. 662, ss. 8, 9; 1983, c. 560, s. 3; 1985, c. 310, ss. 1-4; 1987 (Reg. Sess., 1988), c. 1086, s. 120(a); 1991, c. 187, s. 3; 1993, c. 538, s. 32; 1994, Ex. Sess., c. 24, s. 14(b); 2011-145, s. 19.1(i); 2014-100, s. 16C.1(e); 2020-83, s. 8(l); 2021-180, s. 19C.9(dddd).)
§§ 148-14 through 148-17. Repealed by Session Laws 1943, c. 409.
Notes of Decisions
Cited in
15
cases, 1955–2019 · leading case:
Jones v. Keller, 698 S.E.2d 49 (N.C. 2010).
Jones v. Keller, 698 S.E.2d 49 (N.C. 2010).
· cites it 46× “2d 901, 902 (1965) (per curiam) (citing N.C.G.S. § 148-13); see also Goble v. Bounds, 281 N.”
Teasley v. Beck, 574 S.E.2d 137 (N.C. Ct. App. 2002).
· cites it 39× “The Department of Correction and jailers may give time credit toward service of other prison or jail terms imposed for a felony or misdemeanor, according to regulations issued by the Secretary of Correction as provided by G.S. 148-13. The Department of Correction may give credit…”
Robbins v. Freeman, 487 S.E.2d 771 (N.C. Ct. App. 1997).
· cites it 4× “Plaintiff next contends that, for purposes of parole eligibility, he is entitled to a reduction of the seven-year minimum mandatory sentences required in cases 80-CRS-23443 and 80-CRS-23442 to the extent of any gain time granted under N.C. Gen.Stat. § 148-13. We disagree. The…”
Price v. Beck, 571 S.E.2d 247 (N.C. Ct. App. 2002).
· cites it 5× “N.C.G.S. § 148-13(b) (1993) (repealed effective January 1, 1995).”
State v. Todd, 326 S.E.2d 249 (N.C. 1985).
“Notwithstanding any other provision of law, a person sentenced under this Article shall serve a term of not less than seven years in prison, excluding gain time granted under G.S. 148-13. A person sentenced under this Article shall receive a sentence of at least 14 years in the…”
State v. Leeper, 296 S.E.2d 7 (N.C. Ct. App. 1982).
· cites it 2× “14-87(d) provides that: Notwithstanding any other provision of law, with the exception of persons sentenced as committed youthful offenders, a person convicted of robbery with firearms or other dangerous weapons shall serve a term of not less than seven years in prison,…”
Goble v. Bounds, 186 S.E.2d 638 (N.C. Ct. App. 1972).
· cites it 2× “” G.S. 148-13 provides that the rules and regulations for the government of the State prison system may contain provisions relating to grades of prisoners, rewards and privileges applicable to the several classifications of inmates as an inducement to good conduct.”
State v. Weaver, 142 S.E.2d 633 (N.C. 1965).
“G.S. 148-13; In re Swink, 243 N.C. 86, 92 , 89 S.”
State v. Stone, 322 S.E.2d 413 (N.C. Ct. App. 1984).
· cites it 2× “Judge Bailey's decision in giving little or no weight to the mitigating factors of defendant's post-sentencing behavior finds support in the fact that these are matters to be considered by the Department of Correction in awarding defendant "gain time" and "good time" under its…”
State v. Garris, 144 S.E.2d 901 (N.C. 1965).
“G.S. 148-13. The legislature has authorized the State Prison Commission to promulgate, publish, enforce and apply such rules.”
In Re Swink, 89 S.E.2d 792 (N.C. 1955).
“The State Plighway and Public Works Commission, in accordance with law as stated herein, the petitioner’s gained time, if any, earned by good behavior, G.S. 148-13, and the provisions of G.S. 148-42, will determine the date of petitioner’s release.”
State v. Bowden, 766 S.E.2d 320 (N.C. 2014).
· cites it 3× “§ 148-13 (1974) (stating that the Department’s regulations include provisions governing “rewards and privileges applicable to the several classifications of prisoners as an inducement to good conduct [and] allowances of time for good behavior.”
— N.C. Gen. Stat. § 148-13(b) — 2 cases
Teasley v. Beck, 574 S.E.2d 137 (N.C. Ct. App. 2002).
“The Department of Correction and jailers may give time credit toward service of other prison or jail terms imposed for a felony or misdemeanor, according to regulations issued by the Secretary of Correction as provided by G.S. 148-13. The Department of Correction may give credit…”
Price v. Beck, 571 S.E.2d 247 (N.C. Ct. App. 2002).
“N.C.G.S. § 148-13(b) (1993) (repealed effective January 1, 1995).”
— N.C. Gen. Stat. § 148-13(c) — 1 case
Teasley v. Beck, 574 S.E.2d 137 (N.C. Ct. App. 2002).
“The Department of Correction and jailers may give time credit toward service of other prison or jail terms imposed for a felony or misdemeanor, according to regulations issued by the Secretary of Correction as provided by G.S. 148-13. The Department of Correction may give credit…”
— N.C. Gen. Stat. § 148-13(d) — 1 case
Teasley v. Beck, 574 S.E.2d 137 (N.C. Ct. App. 2002).
“The Department of Correction and jailers may give time credit toward service of other prison or jail terms imposed for a felony or misdemeanor, according to regulations issued by the Secretary of Correction as provided by G.S. 148-13. The Department of Correction may give credit…”
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