North Carolina Statutes

Chapter 164 Concerning the General Statutes of North Carolina

Article 1 - The General Statutes.

Article 2 - The General Statutes Commission.

  • § 164-12   Creation; name
    There is hereby created and established a commission to be known as "The General Statutes Commission." (1945, c. 157.)
  • § 164-13   Duties; use of funds
    (a) It shall be the duty of the Commission: (1) To advise and cooperate with the Division of Legislative Drafting and Codification of Statutes of...
  • § 164-14   Membership; appointments; terms; vacancies
    (a) The Commission shall consist of 12 members, who shall be appointed as follows: (1) One member, by the president of the North Carolina State...
  • § 164-15   Meetings; quorum
    The Commission shall hold not less than two regular meetings each year, of which one shall be held in June and one in November, at...
  • § 164-16   Officers
    At its regular June meeting in the odd‑numbered years the Commission shall elect a chairman and a vice‑chairman for a term of two years and...
  • § 164-17   Committees; rules
    The Commission may elect, or may authorize its chairman to appoint, such committees of the Commission as it may deem proper. The Commission may adopt...
  • § 164-18   Reports
    The Commission shall submit to each regular session of the General Assembly a report of its work during the preceding two years, together with such...
  • § 164-19   Compensation
    Members of the Commission shall be paid the amount of per diem provided by G.S. 138‑5 for attendance upon meetings of the Commission, or upon...
  • § 164-20 through 164-24   Reserved for future codification purposes

Article 3 - Commission on Code Recodification.

Article 4 - Sentencing Commission.

  • § 164-35   Commission established
    The North Carolina Sentencing and Policy Advisory Commission is established. As used in this Article, the term "Commission" means the North Carolina Sentencing and Policy...
  • § 164-36   Powers and duties
    (a) Sentences established for violations of the State's criminal laws should be based on the established purposes of our criminal justice and corrections systems. The...
  • § 164-37   Membership; chairman; meetings; quorum
    The Commission shall consist of 30 members as follows: (1) The Chief Justice of the North Carolina Supreme Court shall appoint a sitting or former...
  • § 164-38   Terms of members; compensation; expenses
    The terms of existing members shall expire on June 30, 1997, unless they resign or are removed. New members shall be appointed or the existing...
  • § 164-39   Executive director and other staff
    The Commission shall employ an Executive Director from candidates presented to it by the Chairman and the Director of the Administrative Office of the Courts....
  • § 164-40   Correction population simulation model; Department of Juvenile Justice and Delinquency Prevention facilities population simulation model
    (a) The Commission shall develop a correctional population simulation model, and shall have first priority to apply the model to a given fact situation, or...
  • § 164-41   Classification of offenses ranges of punishment
    (a) The Commission shall classify criminal offenses into felony and misdemeanor categories on the basis of their severity. (b) In determining the proper category for...
  • § 164-42   Sentencing structures
    (a) The Commission shall recommend structures for use by a sentencing court in determining the most appropriate sentence to be imposed in a criminal case,...
  • § 164-42.1   Policy recommendations
    (a) Using the studies of the Special Committee on Prisons, the Governor's Crime Commission, and other analyses, including testimony from representatives of the bodies that...
  • § 164-42.2   Community corrections
    The Commission shall recommend a comprehensive community corrections strategy and organizational structure for the State based upon the following: (1) A review of existing community‑based...
  • § 164-43   Priority of duties; reports; continuing duties
    (a) The Commission shall have two primary duties, and other secondary duties essential to accomplishing the primary ones. The Commission may establish subcommittees or advisory...
  • § 164-44   Statistical information; financial or other aid
    (a) The Commission shall have the secondary duty of collecting, developing, and maintaining statistical data relating to sentencing, corrections, and juvenile justice so that the...
  • § 164-45   Administrative direction and supervision
    The Commission shall be administered under the direction and supervision of the Director of the Administrative Office of the Courts. The Commission shall exercise all...
  • § 164-46   Repealed by Session Laws 1998-212, s. 16.18(b)
  • § 164-47   Biennial Report on Recidivism
    The Judicial Department, through the North Carolina Sentencing and Policy Advisory Commission, and the Department of Correction shall jointly conduct ongoing evaluations of community corrections...
  • § 164-48   Biennial report on juvenile recidivism
    The Judicial Department, through the North Carolina Sentencing and Policy Advisory Commission, shall conduct biennial recidivism studies of juveniles in North Carolina. Each study shall...