NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 705

HOUSE BILL 990

 

 

AN ACT TO AMEND CHAPTER 241, 1975 SESSION LAWS, TO CORRECT A CLERICAL ERROR IN HOUSE BILL 124, 1975 SESSION OF THE GENERAL ASSEMBLY, WHICH AMENDED G.S. 148-45.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 241 of the 1975 Session Laws is hereby amended to read as follows:

"Section 1.  Subsection (g) of G.S. 148-45 is hereby amended to read as follows:

"§ 148-45(g)(1).  Any person convicted and in the custody of the North Carolina Department of Correction and ordered or otherwise assigned to work under the work-release program, G.S. 148-33.1, or any convicted person in the custody of the North Carolina Department of Correction and on temporary parole by permission of the State Parole Commission or other authority of law or any youthful offender granted relief under G.S. 148-49.1 et seq., who shall fail to return to the custody of the North Carolina Department of Correction, shall be guilty of the crime of escape and subject to the applicable provisions of this section and shall be deemed an escapee. For the purpose of this subsection, escape is defined to include, but is not restricted to, willful failure to return to an appointed place and at an appointed time as ordered.

(2)        If a person, who would otherwise be guilty of a first violation of G.S. 148‑45(g)(1), voluntarily returns to his place of confinement within 24 hours of the time at which he was ordered to return, such person shall not be charged with an escape as provided in this section but shall be subject to such administrative action as may be deemed appropriate for an escapee by the Department of Correction; said escapee shall not be allowed to be placed on work release for a four-month period or for the balance of his term if less than four months; provided, however, that if such person commits a subsequent violation of this section then such person shall be charged with that offense and, if convicted, punished under the provisions of this section'."

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 23rd day of June, 1975.