October 13, 1977
Subject:
Corrections; Parole
Requested By:
Honorable Gary B. Tash, Judge Twenty-First Judicial District
Question:
Is a misdemeanant prisoner with a sentence of less than thirty (30) days eligible for automatic parole under the provisions of G.S. 148-60.3 when he has served one third of his sentence?
Conclusion:
No.
G.S. 148-60.3, as amended by Chapter 450 of the 1977 Session Laws, provides in pertinent part that
(s)ubject to the provision of subsection (b), the Parole Commission shall parole every misdemeanant serving a minimum sentence of thirty (30) days or, serving a maximum sentence of less than twelve months at the expiration of one third of his sentence . . . (Emphasis added.)
The plain language of the statute as is shown from the underlined phrase thereof exempts misdemeanants serving a sentence of less than thirty (30) days from its provisions. In other words such misdemeanants become eligible for parole only after they have served one fourth of their sentence, if their sentence is determinate, and one fourth of their minimum sentence, if their sentence is indeterminate, in accordance with the provisions of G.S. 148-58.
Rufus L. Edmisten Attorney General
James Peeler Smith Assistant Attorney General