(a) Repealed by Session Laws 1985, c. 474, s. 4.
(b) As a rehabilitative measure, the Secretary of the Department of Adult Correction is authorized to require any prisoner granted work-release privileges to make restitution or reparation to an aggrieved party from any earnings gained by the defendant while on work release when the sentencing court recommends that restitution or reparation be paid by the defendant out of any earnings gained by the defendant if he is granted work-release privileges and out of other resources of the defendant, including all real and personal property owned by the defendant and the income derived from such property. The Secretary shall not be bound by such recommendation, but if they elect not to implement the recommendation, they shall state in writing the reasons therefor, and shall forward the same to the sentencing court.
(c) When an active sentence is imposed, the court shall consider whether, as a rehabilitative measure, it should recommend to the Secretary of the Department of Adult Correction that restitution or reparation be made by the defendant out of any earnings gained by the defendant if he is granted work-release privileges and out of other resources of the defendant, including all real and personal property owned by the defendant, and income derived from such property. If the court determines that restitution or reparation should not be recommended, it shall so indicate on the commitment. If, however, the court determines that restitution or reparation should be recommended, the court shall make its recommendation a part of the order committing the defendant to custody. The recommendation shall be in accordance with the applicable provisions of G.S. 15A-1343(d) and Article 81C of Chapter 15A of the General Statutes. If the offense is one in which there is evidence of physical, mental or sexual abuse of a minor, the court may order the defendant to pay from work release earnings the cost of rehabilitative treatment for the minor. The Administrative Office of the Courts shall prepare and distribute forms which provide ample space to make restitution or reparation recommendations incident to commitments, which forms shall be conveniently structured to enable the sentencing court to make its recommendation.
(d) The Secretary of the Department of Adult Correction shall establish rules and regulations to implement this section, which shall include adequate notice to the prisoner that the payment of restitution or reparation from any earnings gained by the prisoner while on work release is being considered as a condition of any work-release privileges granted the prisoner, and opportunity for the prisoner to be heard. Such rules and regulations shall also provide additional methods whereby facts may be obtained to supplement the recommendation of the sentencing court. (1977, c. 614, s. 7; 1977, 2nd Sess., c. 1147, s. 33; 1981, c. 541, ss. 4-9; 1985, c. 474, s. 4; 1987, c. 397, ss. 2, 3; c. 598, s. 5; 1998-212, s. 19.4(g); 2011-145, s. 19.1(i); 2021-180, s. 19C.9(o).)
§§ 148-34 through 148-35. Repealed by Session Laws 1957, c. 349, s. 11.
Notes of Decisions
Cited in
15
cases, 1978–2010 · leading case:
State v. Easter, 398 S.E.2d 619 (N.C. Ct. App. 1990).
State v. Easter, 398 S.E.2d 619 (N.C. Ct. App. 1990).
· cites it 15× “The statute pertaining to restitution paid by prisoners with work release is N.C.G.S. § 148-33.2. Prior to a 1985 amendment, the statute provided that the court shall consider whether “restitution or reparation shall be ordered or recommended .”
State v. Wilson, 459 S.E.2d 192 (N.C. 1995).
· cites it 4× “Pursuant to N.C.G.S. §§ 148-33.2(c), -57.1(c) (1994), and as stated on the written judgment and commitment, the trial court’s order of restitution as a condition of work release or parole constitutes a recommendation to the Secretary of the Department of Correction and *726 the…”
State v. Buchanan, 423 S.E.2d 819 (N.C. Ct. App. 1992).
· cites it 3× “See N.C.G.S. § 148-33.2(c); N.C.G.S. § 15A-1343(d).”
State v. Parton, 277 S.E.2d 410 (N.C. 1981).
· cites it 2× “A trial judge who imposes an active sentence on a defendant is not only authorized but required under the language of G.S. 148-33.2(c) and G.S. 148-57.1(c) to consider *74 whether, as a rehabilitative measure, restitution or reparation should be ordered or recommended to the…”
State v. Lambert, 252 S.E.2d 855 (N.C. Ct. App. 1979).
· cites it 7× “2d 812 (1978); G.S. 148-33.2(b) and 148-57.1(b). Defendant’s financial status at the time he is eligible for work release or parole could be a reason to disregard the trial court’s recommendation.”
State v. Hughes, 524 S.E.2d 63 (N.C. Ct. App. 1999).
· cites it 2× “N.C. Gen. Stat. § 148-33.2 (c) (Cum. Supp.”
State v. Killian, 245 S.E.2d 812 (N.C. Ct. App. 1978).
· cites it 2× “It is noted that G.S. 148-33.2(b) provides that the Secretary and the Parole Commission are not bound by the recommendation of the sentencing court for restitution, “but if they elect not to implement the recommendation, they shall state in writing the reasons therefor, and…”
State v. Stallings, 342 S.E.2d 519 (N.C. 1986).
· cites it 3× “Contrary to defendant’s argument, the trial court’s order for restitution was not made as a condition of attaining work release pursuant to N.C.G.S. § 148-33.2(c). Work release was ordered by the trial court pursuant to N.”
State v. Wingate, 561 S.E.2d 911 (N.C. Ct. App. 2002).
· cites it 8× “The trial court, however, is prohibited from recommending the imposition of a fine because “a fine is not ‘restitution or reparation’ within the meaning of [ N.C. Gen. Stat. § 148-33.2 (c)].” Alexander, 47 N.”
State v. Ray, 482 S.E.2d 755 (N.C. Ct. App. 1997).
· cites it 2× “N.C. Gen. Stat. §§ 148-33.2 (c), -57.1(c) (1994) provides that the trial court’s order of restitution as a condition of work release or parole is a recommendation to the Secretary of the Department of Correction and the Parole Commission, and not an order binding defendant to…”
State v. Alexander, 267 S.E.2d 396 (N.C. Ct. App. 1980).
“G.S. 148-33.2(c). We hold, however, that the imposition of a fine is not “restitution or reparation” within the meaning of the statute.”
State v. Arnette, 312 S.E.2d 547 (N.C. Ct. App. 1984).
“G.S. 148-33.2(d). Such a hearing is the proper forum for determination of defendant’s ability to pay restitution.”
N.C. Gen. Stat. § 148-33.2(b): 2 cases
State v. Killian, 245 S.E.2d 812 (N.C. Ct. App. 1978).
“It is noted that G.S. 148-33.2(b) provides that the Secretary and the Parole Commission are not bound by the recommendation of the sentencing court for restitution, “but if they elect not to implement the recommendation, they shall state in writing the reasons therefor, and…”
State v. Lambert, 252 S.E.2d 855 (N.C. Ct. App. 1979).
“2d 812 (1978); G.S. 148-33.2(b) and 148-57.1(b). Defendant’s financial status at the time he is eligible for work release or parole could be a reason to disregard the trial court’s recommendation.”
N.C. Gen. Stat. § 148-33.2(c): 11 cases
State v. Easter, 398 S.E.2d 619 (N.C. Ct. App. 1990).
“The statute pertaining to restitution paid by prisoners with work release is N.C.G.S. § 148-33.2. Prior to a 1985 amendment, the statute provided that the court shall consider whether “restitution or reparation shall be ordered or recommended .”
State v. Wilson, 459 S.E.2d 192 (N.C. 1995).
“Pursuant to N.C.G.S. §§ 148-33.2(c), -57.1(c) (1994), and as stated on the written judgment and commitment, the trial court’s order of restitution as a condition of work release or parole constitutes a recommendation to the Secretary of the Department of Correction and *726 the…”
State v. Buchanan, 423 S.E.2d 819 (N.C. Ct. App. 1992).
“See N.C.G.S. § 148-33.2(c); N.C.G.S. § 15A-1343(d).”
State v. Parton, 277 S.E.2d 410 (N.C. 1981).
“A trial judge who imposes an active sentence on a defendant is not only authorized but required under the language of G.S. 148-33.2(c) and G.S. 148-57.1(c) to consider *74 whether, as a rehabilitative measure, restitution or reparation should be ordered or recommended to the…”
State v. Lambert, 252 S.E.2d 855 (N.C. Ct. App. 1979).
“2d 812 (1978); G.S. 148-33.2(b) and 148-57.1(b). Defendant’s financial status at the time he is eligible for work release or parole could be a reason to disregard the trial court’s recommendation.”
N.C. Gen. Stat. § 148-33.2(d): 2 cases
State v. Wilson, 459 S.E.2d 192 (N.C. 1995).
“Pursuant to N.C.G.S. §§ 148-33.2(c), -57.1(c) (1994), and as stated on the written judgment and commitment, the trial court’s order of restitution as a condition of work release or parole constitutes a recommendation to the Secretary of the Department of Correction and *726 the…”
State v. Arnette, 312 S.E.2d 547 (N.C. Ct. App. 1984).
“G.S. 148-33.2(d). Such a hearing is the proper forum for determination of defendant’s ability to pay restitution.”
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