Does the Parole Commission have the authority to impose conditions on a mandatory reentry parole granted under G.S. 15A-1380.2, and if a prisoner refuses the conditions, must the Commission still parole the prisoner?

Plain-English summary

This 1995 advisory letter answers two questions about mandatory reentry parole under G.S. § 15A-1380.2: whether the Parole Commission could attach conditions and what would happen if an eligible prisoner refused parole. The signer answered that the Commission could impose the specified conditions and need not grant parole to a prisoner who refused it.

The letter quotes subsection (d) as saying "the only conditions of reentry parole shall be" those listed in G.S. § 15A-1374(b)(6) through (10). The word "only" makes that list exclusive for the ordinary case. If the Commission finds the prisoner's return poses a threat or danger to public health or safety, the letter says it may impose the additional conditions identified in G.S. § 15A-1374(b)(2) and (12), reasonably related to rehabilitation. It does not describe the contents of each listed condition.

Under subsection (g), the prisoner may refuse reentry parole. The letter says a prisoner who refuses the conditions remains in prison until completing the sentence; the Commission need not grant a parole the prisoner refuses.

The document calls itself an advisory letter, says it was not reviewed under the procedures for a formal Attorney General opinion, and expressly limits the continuing application of the repealed statute to offenses before October 1, 1994.

Currency note

The letter says G.S. § 15A-1380.2 was repealed effective October 1, 1994, but remained applicable to offenses occurring before that date. Identify the offense date and controlling law before relying on this historical guidance.

Background and statutory framework

The answer turns on the letter's quoted subsections (d) and (g): one specifies the permitted parole conditions and the other allows the eligible prisoner to refuse parole. The letter's conclusion cites a different subsection number for the additional conditions than its earlier discussion does; the discussion expressly identifies G.S. § 15A-1374(b)(2) and (12). Check the statute itself before using either reference in a proceeding.

Common questions

Are the listed conditions merely a minimum that the Commission can add to at will?

No. The letter quotes the statute's words "the only conditions" for the ordinary reentry parole. It identifies a separate exception for additional listed conditions when the Commission makes the stated public-safety finding.

What if an eligible prisoner refuses the parole conditions?

The letter says the prisoner may refuse the parole and then remains in prison until completing the sentence. The Commission need not grant a parole the prisoner refuses.

Is this a formal Attorney General opinion?

No. The letter expressly says it has not gone through the procedures for a formal opinion and expresses only the signer's advisory view.

Citations

• G.S. § 15A-1380.2(d) (specified parole conditions)
• G.S. § 15A-1380.2(g) (refusal of parole)
• G.S. § 15A-1374(b)(2) and (12) (additional conditions identified in the letter)
• G.S. § 15A-1374(b)(6), (7), (8), (9), and (10) (ordinary conditions)

Source

• Landing page: https://ncdoj.gov/opinions/authority-of-the-parole-commission-to-impose-or-attach-conditions-to-mandatory-reentry-paroles/

Original opinion text

The available extract begins with the questions presented; the opening salutation was not captured.

(1) Does the Parole Commission have authority to impose or attach conditions to mandatory reentry paroles granted pursuant to N.C.G.S. § 15A-1380.2?

(2) Is the Commission required to parole the prisoner under G.S. § 15A-1380.2, if the prisoner refuses to accept the conditions of parole?

For the reasons which follow, it is my opinion that the Parole Commission has the authority to set certain conditions in conjunction with a mandatory reentry parole under G.S. § 15A-1380.2.

G.S. § 15A-1380.2(d) provides that "the only conditions of reentry parole shall be those provided by G.S. § 1374(b)(6), (7), (8), (9), and (10).

If the Parole Commission finds that the prisoner's return to the community poses a threat or danger to the health or safety of the public, the Commission may require additional conditions of reentry parole, provided in G.S. § 15A-1374(b)(2) and (12).

It is clear from the foregoing provisions that conditions may be attached to reentry paroles. If the person is a threat or danger to the safety of the public, the Commissioner may attach additional conditions reasonably related to his rehabilitation.

Under G.S. § 15A-1380.2(g) a prisoner, eligible for reentry parole, may refuse to accept such parole. If a prisoner refuses to accept the conditions of reentry parole, he remains in prison until he completes his/her sentence.

Based upon the analysis set forth, we conclude that:

(1) The Parole Commission may impose the conditions provided by G.S. § 15A-1374(b)(6), (7), (8), (9), and (10) upon prisoners being given reentry parole. The Parole Commission may impose the additional conditions set forth in G.S. § 15A-1380.2(b)(2) and (12), if the inmate is a threat or danger to the health and safety of the public.

(2) The Parole Commission need not grant a reentry parole to a prisoner who refuses to accept such parole. Upon refusal of parole, the prisoner shall remain in prison.

This is an advisory letter. It has not been reviewed and approved in accordance with procedures for issuing an Attorney General's opinion. This letter does express the opinion of the undersigned but does not express a formal opinion of the Office of the Attorney General. Please note that G.S. § 15A-1380.2 was repealed, effective October 1, 1994. For offenses occurring before October 1, 1994, the statutes applicable to those offenses remain applicable and are not abated or affected by said repeal.

William N. Farrell, Jr.
Senior Deputy Attorney General