This pamphlet provides an overview of sentence reduction in criminal cases. Topics covered include judicial release, downward departure, sentence modification, and legislative changes.
North Carolina USLegal Pamphlet on Sentence Reduction
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US-PMPH-14
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FAQ
Beginning November 1, 2023, eligible incarcerated individuals are able to ask courts to reduce their sentences. Individuals whose requests are granted by the courts can be released from prison no earlier than February 1, 2024.
House Bill 625 is known as the Criminal Sentence Reduction Reform. The reform proposed that those who have been incarcerated for 65 percent of their time could be released. This bill would allow individuals to apply to have their sentence reduced if they have served at least 5 years of their term.
House Bill 625 is known as the Criminal Sentence Reduction Reform. The reform proposed that those who have been incarcerated for 65 percent of their time could be released. This bill would allow individuals to apply to have their sentence reduced if they have served at least 5 years of their term.
If the prison terms are activated, felony offenders must serve 100% of the minimum term and may serve up to the maximum term; misdemeanor offenders must serve the entire jail sentence unless the sheriff awards earned time credits.
Most criminal offenses do not result in a mandatory minimum sentence. There are a variety of offenses subject to mandatory minimum sentences in North Carolina including drug trafficking, certain sex offenses, and first-degree murder.
New North Carolina Law Allows Sentencing Flexibility in Non-Violent Offenses. In October 2019, the North Carolina Senate passed legislation titled the First Step Act. The law allows North Carolina judges to use more flexibility in mandatory minimum sentences for certain types of drug-related offenses.