Discretionary Parole Reviews

Records of the North Carolina Post-Release Supervision and Parole Commission are confidential and not subject to disclosure pursuant to Chapter 132 of the North Carolina General Statues.  Our courts have gone so far as to conclude that even currently incarcerated offenders lack a Constitutional right to access the Commission’s records. [See Franklin v. Shields, 569 F.2d 784, 800 (4th Cir. 1978).] 

However, as Chairman, Commissioner Jackson has the inherent authority to disclose the Commission’s records, provided disclosure is essential to maintaining the integrity of the Commission or to maintaining the level or quality of services provided by the Commission.  It is his determination that releasing the information regarding Monthly Discretionary Parole Reviews on this website is essential in meeting these goals, and has, as a result, authorized the data to be shared. 

In choosing to publish this data, the Commission in no way waives the confidentiality otherwise governing its remaining confidential data and records.  Any subpoena or court order seeking release of the Commission’s confidential records will be met with objection or other appropriate legal challenge. 

Explanation of Terms Used in the Monthly Discretionary Parole Reviews

• Incomplete Decision - This occurs when there is more information needed such as a request for a psychological evaluation. It can also be the vote used to recommend a MAPP investigation.
• Suspend Decision - Suspend decisions are to suspend or stop further parole consideration of this case at this time. This vote is also the way terminations are handled for offenders with a MAPP agreement that violate the program.
• Regular Parole - This is the conditional release of an offender to supervision prior to the expiration of the sentence. An offender must be parole eligible before consideration can be given. Eligibility is established by North Carolina general statute. Those offenders whose crimes were committed prior to October 1, 1994, may be eligible for parole, although offenders with certain types of sentences, such as sentences of special probation and those serving sentences for health law violations, cannot qualify. The only offenders eligible for parole with offenses after October 1,1994, are juveniles who have been sentenced to life with the possibility of parole
• Community Service Parole - Per G.S.15A-1380.2(h) and 15A-1371(h), this applies to certain felony crimes with offense dates from July 1, 1978, through September 30, 1994, of which the term exceeds six months. After serving their minimum sentence these offenders are eligible for a discretionary parole release. Release will require the performance of community service in the community not to exceed 32 hours per month.
• Early Medical Release - Per G.S.15A-1369, this gives the Commission discretion to release offenders who are permanently and totally disabled, terminally ill, or geriatric and who are incapacitated to the extent that the offender does not pose a public safety risk. The Commission shall consider an offender for early medical release upon referral by the medical staff of DAC. 
• 90-day Mandatory Parole - Per G.S. 15A-1380.2, this applies to felony offenses with terms of 18 months or greater and that were committed from July 1, 1981, through September 30, 1994. The 90-day mandatory parole is a mandatory parole release that occurs at 90 days prior to the prisoner’s projected release date.
• Four Possible Reasons for Denial - These are set by G.S. 15A-1371 (d) and include:
  1)    There is a substantial risk that he/she will not conform to reasonable conditions of parole.
  2)    His/Her release at this time would unduly depreciate the seriousness of his/her crime or promote disrespect for the law.
  3)    His/Her continued correctional treatment, medical care, or vocational or other training in the institution will substantially enhance the capacity to lead a law-abiding life if he/she is released at a later date.
  4)    There is a substantial risk that he/she would engage in further criminal conduct.