Legislation that could free up 160 beds in North Carolina's overburdened prison system cleared the legislature Thursday and awaits Gov. Mike Easley's signature.

Senate Majority Leader Tony Rand's bill allows for the early release of terminally ill, geriatric or seriously disabled inmates who have been determined not to be a threat to society. These are some of the most expensive inmates in the state's prisons because of their health care costs.

The legislation cleared the Senate on Thursday by a 44-1 vote. The House approved the legislation earlier this week.

The bill would allow inmates and their families to petition correction officials to be considered for release.

Those convicted of serious crimes, such as murder or rape, would not be eligible. Those inmates who become able-bodied would be returned to prison.

The Correction Department and state parole commission would have to approve the releases.

The state's prison population is above capacity, forcing county jails to hold onto sentenced inmates until space can be found. Lawmakers are trying to find ways to free up beds. Another bill filed by Rand, a Fayetteville Democrat, would release some nonviolent illegal immigrants to federal immigration officials for deportation, a move that could free up another 100 to 150 beds.