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 members reappointed by the appointing authorities to serve terms of two years, unless they resign or are removed. Members serving by virtue of elective or appointive office or as designees of such officeholders may serve only so long as the officeholders hold those respective offices. Members appointed by the Speaker of the House and the President Pro Tempore of the Senate may be removed by the appointing authority without cause. Vacancies occurring before the expiration of a term shall be filled in the manner provided for the members first appointed. A member of the Commission may be removed only for disability, neglect of duty, incompetence, or malfeasance in office. Before removal, the member is entitled to a hearing. Effective with respect to members designated on or after July 1, 1992, a person making a designation pursuant to G.S. 164-37 may not make another designation, except that the person's successor in elective or appointive office may make a new designation.
The Commission members shall receive no salary for serving. All Commission members shall receive necessary subsistence and travel expenses in accordance with the provisions of G.S. 120-3.1, 138-5, and 138-6 as applicable. (1989 (Reg. Sess., 1990), c. 1076, s. 1; 1991 (Reg. Sess., 1992), c. 812, s. 12; c. 816, ss. 1, 3; 1993, c. 253, s. 5.1; c. 321, s. 200.1(b); 1993 (Reg. Sess., 1994), c. 591, ss. 6(a), (b); 1995, c. 236, s. 1; c. 236, s. 2; 1997-256, s. 6; 1997-347, s. 2; 1997-401, s. 2; 1997-418, s. 2; 1997-443, s. 18.6(a); 1997-443, s. 18.6(b).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 164 - Concerning the General Statutes of North Carolina
Article 4 - Sentencing Commission.
§ 164-35 - Commission established.
§ 164-37 - Membership; chairman; meetings; quorum[Effective until January 1, 2023]
§ 164-38 - Terms of members; compensation; expenses.
§ 164-39 - Executive director and other staff.
§ 164-41 - Classification of offenses ranges of punishment.
§ 164-42 - Sentencing structures[Effective until January 1, 2023]
§ 164-42.1 - Policy recommendations.
§ 164-42.2 - Community corrections.
§ 164-43 - Priority of duties; reports; continuing duties[Effective until January 1, 2023]
§ 164-44 - Statistical information; financial or other aid.
§ 164-45 - Administrative direction and supervision.
§ 164-47 - Biennial Report on Recidivism[Effective until January 1, 2023]
§ 164-48 - Biennial report on juvenile recidivism.
§ 164-49 - Biennial report on effectiveness of JCPC grant recipients.
§ 164-51 - Five-year projection; Statewide Misdemeanant Confinement Program.