North Carolina’s Advanced Supervised Release

The Criminal Justice Reinvestment Act, parts of which went into effect on December 1, 2011, and parts of which went into effect on January 1, 2012, creates a new Department of Corrections program called the Advanced Supervised Release program.

The program is similar to parole or post-supervision release, but by a different name. Here’s how it works, and how it can benefit people who committed felony offenses after December 1, 2011 and are found guilty of those felonies after January 1, 2012.

If the Assistant District Attorney does not object, the judge may order the Department of Corrections (DOC) to place certain defendants into the DOC’s ASR program. Eligible defendants include:

  • Class D Felonies (robbery with a deadly weapon, first degree burglary, etc.) with prior record levels of I to III
  • Class E Felonies (certain violent assaults, felony child abuse, etc.) with prior record levels of I to IV
  • Class F Felonies (involuntary manslaughter, assault inflicting serious bodily injury, certain arsons) with prior record levels of I to V
  • Class G Felonies (felon in possession of a firearm, second degree burglary) with prior record levels of I to VI
  • Class H Felonies (certain drug crimes including PWISD, larcenies, certain embezzlement crimes) with prior record levels of I to VI

If the sentencing judge orders the Defendant into the program, then defendants who complete “risk reduction incentives” in prison are released on post-supervision release on their Advanced Supervised Release Date. This date is determined by calculating the person’s lowest minimum sentence in the mitigated range for the defendant’s offense and prior record level or 80 percent of the imposed minimum if a mitigated-range sentence was imposed.

If the Defendant was not eligible to complete “risk reduction incentives” perhaps because he spent most of his sentence in a local jail, the defendant is still eligible for the ASR program if it’s mandated by the judge.

Once the Judge authorizes ASR, the DOC must allow the defendant to participate in ASR programs. However, the person may not successfully complete ASR risk-reduction programs, such that the person may not benefit.

More information about this program is available here.

Damon Chetson

Damon Chetson is a Board Certified Specialist in State and Federal Criminal Law. He represents people charged with serious and minor offenses in Raleigh, Wake County, and the Eastern District of North Carolina. Call (919) 352-9411.