NC S635

Minors under age 18 convicted of first-degree murder shall be sentenced under new Article 93 rather than standard sentencing laws, requiring individualized consideration instead of mandatory life without parole.

If conviction is based solely on the felony murder rule, the defendant must be sentenced to life imprisonment with parole (minimum 25 years before parole eligibility).

For all other first-degree murder convictions of minors, the court must conduct a hearing to determine whether to impose life without parole or life with parole, considering mitigating factors including age, immaturity, intellectual capacity, prior record, mental health, and rehabilitative potential.

Defendants sentenced to life with parole serve a mandatory 5-year parole term that cannot be terminated early, and if returned to prison for parole violations, are ineligible for parole for an additional 5 years.

The Sentencing and Policy Advisory Commission shall study sentencing practices for minors convicted of first-degree murder and report recommendations to the General Assembly by January 31, 2013.