GSNC

Article 1. Organization and Management.

§ 148-1. [Repealed]

Repealed by Session Laws 1973, c. 1262, s. 10.

Cross References.

For present provisions as to the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, see G.S. 143B-701 et seq.

Prison Software Management Pilot Program.

Session Laws 2020-90, s. 3.2(a)-(d), provides: “(a) The purpose of the Prison Pilot Program funded in Section 3.1 of this act is to work with the most qualified technology vendors to (i) transform the State Prison Management Information Systems with software infrastructure and equipment upgrades and (ii) deploy a mobile inmate tracking system, both of which will enable the Department of Public Safety, Division of Adult Correction and Juvenile Justice, to create a new shared database platform to replace the current OPUS System.

“(b) The Department of Public Safety, Division of Adult Correction and Juvenile Justice, shall retain the Prison Pilot Program vendors necessitated by subdivisions (2) and (3) of Section 3.3 of this act and subdivision (9) of Section 3.4 of this act by August 15, 2020.

“(c) The Department of Public Safety, Division of Adult Correction and Juvenile Justice, shall retain the Prison Pilot Program vendors necessitated by subdivision (1) of Section 3.3 of this act and subdivisions (1) through (8) of Section 3.4 of this act by September 15, 2020.

“(d) The Department of Public Safety, Division of Adult Correction and Juvenile Justice, shall begin operating the Prison Pilot Program by October 15, 2020.”

Session Laws 2020-90, s. 3.5(a)-(c), provides: “(a) The Department of Public Safety, Division of Adult Correction and Juvenile Justice, shall report to the Senate Select Committee on Prison Safety no later than January 8, 2021. The report shall be a project status update.

“(b) The Department of Public Safety, Division of Adult Correction and Juvenile Justice, shall give a final report to the Joint Legislative Oversight Committee on Justice and Public Safety no later than April 1, 2021.

“(c) The final report required by Section 3.5(b) shall include, at a minimum, the following:

“(1) A strategic development plan for replacing the OPUS System with a fully integrated Correctional Management System that integrates (i) the Administrative Office of the Courts Case Management System, (ii) an Inmate Mobile Tracking System, and (iii) a Mail Management System.

“(2) Recommendations of how the Prison Pilot Program can be improved.

“(3) Recommendations of what resources would be needed to implement the Prison Pilot Program statewide.”

Session Laws 2020-90, s. 3.6, provides: “Part III of this act becomes effective July 1, 2020, and expires on July 1, 2022.”

Editor’s Note.

Session Laws 2010-31, s. 19.10(a) and (b), provides: “(a) Notwithstanding any other provision of law, the Department of Correction [Division of Adult Correction and Juvenile Justice of the Department of Public Safety] shall not do either of the following on or after the effective date of this section:

“(1) Enter into any contract for maintenance services at prison facilities.

“(2) Expand any existing contract for maintenance services at prison facilities to additional prison facilities.

“(b) Subdivision (a)(1) of this section does not apply to the renewal of contracts existing at the time this section becomes effective.”

Session Laws 2010-31, s. 1.1, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2010.’ ”

Session Laws 2010-31, s. 32.3, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2010-2011 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2010-2011 fiscal year.”

Session Laws 2010-31, s. 32.6, is a severability clause.

Session Laws 2019-223, s. 1.2, provides: “The Department of Public Safety (Department) shall report quarterly beginning November 1, 2019, and continuing quarterly until the end of the 2019-2021 fiscal biennium, to the Joint Legislative Oversight Committee on Justice and Public Safety on the Department’s prison reform initiatives, including:

“(1) All modifications to Department rules, policies, and procedures related to disciplinary actions against correctional officers and other correctional staff.

“(2) All modifications to Department rules, policies, and procedures related to disciplinary actions against inmates.

“(3) The amount, content, quality, and frequency of staff training.

“(4) Modifications to inmate work assignments, including assessments of the appropriateness of particular work assignments based on inmate classification.

“(5) Facility infrastructure improvements made to emergency communication, location tracking capabilities, and installation of additional cameras.

“(6) Increased availability of staff personal safety equipment and institutional safety equipment.

“(7) Adequacy of staffing of prison facilities and actions taken to increase staffing levels.

“(8) Actions taken to increase retention efforts of staff.

“(9) Changes to the hiring and orientation processes and procedures for correctional officers.

“(10) Methods used to prevent delivery of contraband items to prisoners, including illegal drugs and mobile phones, and an evaluation or summary of the effectiveness of the methods.

“(11) Modifications to housing capacity to meet prison staffing requirements.”

§ 148-2. Prison moneys and earnings. [Effective until January 1, 2023]

Persons authorized to collect or receive the moneys and earnings of the State prison system shall enter into bonds payable to the State of North Carolina in penal sums and with security approved by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, conditioned upon the faithful performance by these persons of their duties in collecting, receiving, and paying over prison moneys and earnings to the State Treasurer. Only corporate security with sureties licensed to do business in North Carolina shall be accepted.
Repealed by Session Laws 2007-280, s. 2, effective August 1, 2007.
Notwithstanding G.S. 147-77 , Article 6A of Chapter 147 of the General Statutes, or any other provision of law, the Division of Adult Correction and Juvenile Justice of the Department of Public Safety may deposit revenue from prison canteens in local banks. The profits from prison canteens shall be deposited with the State Treasurer on a monthly basis in a fund denominated as the Correction Inmate Welfare Fund. Once the operating budget for the Correction Inmate Welfare Fund has been met, an amount equal to the funds allocated to each prison unit on a per inmate per year basis shall be credited to the Crime Victims Compensation Fund established in G.S. 15B-23 G as soon as practicable after the total amount paid to each unit per inmate per year has been determined.

History. 1901, c. 472, s. 7; Rev., s. 5389; C.S., s. 7704; 1923, c. 156; 1925, c. 163; 1933, c. 172, s. 18; 1957, c. 349, s. 2; 1967, c. 996, s. 14; 1973, c. 1262, s. 10; 1985 (Reg. Sess., 1986), c. 1014, s. 203; 1991 (Reg. Sess., 1992), c. 902, s. 4; 1993 (Reg. Sess., 1994), c. 769, s. 21.5(a); 2007-280, s. 2; 2011-145, s. 19.1(h); 2017-186, s. 2(tttttt).

Section Set Out Twice.

The section above is effective until January 1, 2023. For the section as amended January 1, 2023, see the following section, also numbered G.S. 148-2 .

Editor's Note.

Session Laws 2021-180, s. 19C.9(aaaaa), made the amendments to this section by Session Laws 2021-180, s. 19C.9(p), effective January 1, 2023, and further provides: “On and after that date, any references or directives in this act to the Division of Adult Correction and Juvenile Justice, the Section of Adult Correction in the Division of Adult Correction and Juvenile Justice, the Section of Juvenile Justice of the Division of Adult Correction and Juvenile Justice, or the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice shall be construed to apply to the appropriate division of either the Department of Public Safety or the Department of Adult Correction pursuant to the departmental changes enacted by this section.”

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2007-280, s. 2, effective August 1, 2007, deleted subsection (b) which created a special revolving working-capital fund designated the “Prison Enterprises Fund” for prison earnings.

Session Laws 2017-186, s. 2(tttttt), effective December 1, 2017, inserted “and Juvenile Justice” in subsections (a) and (c); and updated a reference in subsection (c).

Session Laws 2021-180, s. 19C.9(p), effective January 1, 2023, substituted “Division of Prisons of the Department of Adult Correction” for “Division of Adult Correction and Juvenile Justice of the Department of Public Safety” in the first sentence of subsections (a) and (c). For effective date and applicability, see editor's note.

Legal Periodicals.

For article, “Connecting the Disconnected: Communication Technologies for the Incarcerated,” see 53 Wake Forest L. Rev. 561 (2018).

For article, “Capitalizing on Criminal Justice,” see 67 Duke L.J. 1381 (2018).

For article, “Deviancy, Dependency, and Disability: The Forgotten History of Eugenics and Mass Incarceration,” see 68 Duke L.J. 419 (2018).

For article, “Procedural Whipsaw: Allocating the Burden of Proving Reasonable Notice to Prisoners of Forfeiture Proceedings and the (Renewed) Call for Actual Notice,” see 99 N. C.L. Rev. 247 (2020).

For article, “Defund to Refund the Vote: Dismantling the Criminal Justice System’s Impact on Voting,” see 13 Elon L. Rev. 193 (2020).

For article, “A New Explanation for Equitable Tolling Under § 1983 and the Prison Litigation Reform Act,” see 99 N. C. L. Rev. Addendum 115 (2021).

For article, “Preventive Justice: How Algorithms, Parole Boards, and Limited Retributivism Could End Mass Incarceration,” see 56 Wake Forest L. Rev. 97 (2021).

§ 148-2. Prison moneys and earnings. [Effective January 1, 2023]

Persons authorized to collect or receive the moneys and earnings of the State prison system shall enter into bonds payable to the State of North Carolina in penal sums and with security approved by the Division of Prisons of the Department of Adult Correction, conditioned upon the faithful performance by these persons of their duties in collecting, receiving, and paying over prison moneys and earnings to the State Treasurer. Only corporate security with sureties licensed to do business in North Carolina shall be accepted.
Repealed by Session Laws 2007-280, s. 2, effective August 1, 2007.
Notwithstanding G.S. 147-77 , Article 6A of Chapter 147 of the General Statutes, or any other provision of law, the Division of Prisons of the Department of Adult Correction may deposit revenue from prison canteens in local banks. The profits from prison canteens shall be deposited with the State Treasurer on a monthly basis in a fund denominated as the Correction Inmate Welfare Fund. Once the operating budget for the Correction Inmate Welfare Fund has been met, an amount equal to the funds allocated to each prison unit on a per inmate per year basis shall be credited to the Crime Victims Compensation Fund established in G.S. 15B-23 G as soon as practicable after the total amount paid to each unit per inmate per year has been determined.

Section Set Out Twice.

The section above is effective January 1, 2023. For the section as in effect until January 1, 2023, see the preceding section, also numbered G.S. 148-2 .

Editor's Note.

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2007-280, s. 2, effective August 1, 2007, deleted subsection (b) which created a special revolving working-capital fund designated the “Prison Enterprises Fund” for prison earnings.

Session Laws 2017-186, s. 2(tttttt), effective December 1, 2017, inserted “and Juvenile Justice” in subsections (a) and (c); and updated a reference in subsection (c).

Legal Periodicals.

For article, “Connecting the Disconnected: Communication Technologies for the Incarcerated,” see 53 Wake Forest L. Rev. 561 (2018).

For article, “Capitalizing on Criminal Justice,” see 67 Duke L.J. 1381 (2018).

For article, “Deviancy, Dependency, and Disability: The Forgotten History of Eugenics and Mass Incarceration,” see 68 Duke L.J. 419 (2018).

For article, “Defund to Refund the Vote: Dismantling the Criminal Justice System’s Impact on Voting,” see 13 Elon L. Rev. 193 (2020).

For article, “A New Explanation for Equitable Tolling Under § 1983 and the Prison Litigation Reform Act,” see 99 N. C. L. Rev. Addendum 115 (2021).

For article, “Preventive Justice: How Algorithms, Parole Boards, and Limited Retributivism Could End Mass Incarceration,” see 56 Wake Forest L. Rev. 97 (2021).

§ 148-3. Prison property. [Effective until January 1, 2023]

The Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall subject to the provisions of G.S. 143-341 , have control and custody of all unexpended surplus highway funds previously allocated for prison purposes and all property of every kind and description now used by or considered a part of units of the State prison system, except vehicles used on a rental basis. The property coming within the provisions of this section shall be identified and agreed upon by the executive heads of the highway and prison systems, or by their duly authorized representatives. The Governor shall have final authority to decide whether or not particular property shall be transferred to the Division of Adult Correction and Juvenile Justice of the Department of Public Safety in event the executive heads of the two systems are unable to agree.
Property, both real and personal, deemed by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety to be necessary or convenient in the operation of the State prison system may, subject to the provisions of G.S. 143-341 , be acquired by gift, devise, purchase, or lease. The Division of Adult Correction and Juvenile Justice of the Department of Public Safety may, subject to the provisions of G.S. 143-341 , dispose of any prison property, either real or personal, or any interest or estate therein.

History. 1901, c. 472, ss. 2, 6; Rev., s. 5392; C.S., s. 7705; 1925, c. 163; 1933, c. 172, s. 18; 1943, c. 409; 1957, c. 349, s. 3; 1967, c. 996, s. 13; 2011-145, s. 19.1(h); 2012-83, s. 61; 2017-186, s. 2(uuuuuu).

Section Set Out Twice.

The section above is effective until January 1, 2023. For the section as amended January 1, 2023, see the following section, also numbered G.S. 148-3 .

Editor's Note.

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2017-186, s. 2(uuuuuu), effective December 1, 2017, inserted “and Juvenile Justice” throughout the section.

Session Laws 2021-180, s. 19C.9(p), effective January 1, 2023, substituted “Division of Prisons of the Department of Adult Correction” for “Division of Adult Correction and Juvenile Justice of the Department of Public Safety” throughout this section. For effective date and applicability, see editor's note.

CASE NOTES

Discretion as to Operation of Prison. —

Whether the maintenance and operation of a prison on a particular site shall be conducted either as at present, or as enlarged by the construction of additional buildings and facilities, or as a “minimum security prison” is a matter for determination by the State Prison Commission (now the Department of Correction) in the exercise of its discretion, and the court has no power to substitute its discretion for that of the Commission; and, in the absence of fraud, manifest abuse of discretion or conduct in excess of lawful authority, the court has no power to intervene. Pharr v. Garibaldi, 252 N.C. 803 , 115 S.E.2d 18, 1960 N.C. LEXIS 443 (1960).

Construction of a prison on a site selected by public officials pursuant to statutory authority will not be enjoined. Pharr v. Garibaldi, 252 N.C. 803 , 115 S.E.2d 18, 1960 N.C. LEXIS 443 (1960).

§ 148-3. Prison property. [Effective January 1, 2023]

The Division of Prisons of the Department of Adult Correction shall subject to the provisions of G.S. 143-341 , have control and custody of all unexpended surplus highway funds previously allocated for prison purposes and all property of every kind and description now used by or considered a part of units of the State prison system, except vehicles used on a rental basis. The property coming within the provisions of this section shall be identified and agreed upon by the executive heads of the highway and prison systems, or by their duly authorized representatives. The Governor shall have final authority to decide whether or not particular property shall be transferred to the Division of Prisons of the Department of Adult Correction in event the executive heads of the two systems are unable to agree.
Property, both real and personal, deemed by the Division of Prisons of the Department of Adult Correction to be necessary or convenient in the operation of the State prison system may, subject to the provisions of G.S. 143-341 , be acquired by gift, devise, purchase, or lease. The Division of Prisons of the Department of Adult Correction may, subject to the provisions of G.S. 143-341 , dispose of any prison property, either real or personal, or any interest or estate therein.

Section Set Out Twice.

The section above is effective January 1, 2023. For the section as in effect until January 1, 2023, see the preceding section, also numbered G.S. 148-3 .

Editor's Note.

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2017-186, s. 2(uuuuuu), effective December 1, 2017, inserted “and Juvenile Justice” throughout the section.

Session Laws 2021-180, s. 19C.9(p), effective January 1, 2023, substituted “Division of Prisons of the Department of Adult Correction” for “Division of Adult Correction and Juvenile Justice of the Department of Public Safety” throughout this section. For effective date and applicability, see editor's note.

CASE NOTES

Discretion as to Operation of Prison. —

Construction of a prison on a site selected by public officials pursuant to statutory authority will not be enjoined. Pharr v. Garibaldi, 252 N.C. 803 , 115 S.E.2d 18, 1960 N.C. LEXIS 443 (1960).

§ 148-4. Control and custody of prisoners; authorizing prisoner to leave place of confinement. [Effective until January 1, 2023]

The Secretary of Public Safety shall have control and custody of all prisoners serving sentence in the State prison system, and such prisoners shall be subject to all the rules and regulations legally adopted for the government thereof. Any sentence to imprisonment in any unit of the State prison system, or to jail to be assigned to work under the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, shall be construed as a commitment, for such terms of imprisonment as the court may direct, to the custody of the Secretary of Public Safety or his authorized representative, who shall designate the places of confinement within the State prison system where the sentences of all such persons shall be served. The authorized agents of the Secretary shall have all the authority of peace officers for the purpose of transferring prisoners from place to place in the State as their duties might require and for apprehending, arresting, and returning to prison escaped prisoners, and may be commissioned by the Governor, either generally or specially, as special officers for returning escaped prisoners or other fugitives from justice from outside the State, when such persons have been extradited or voluntarily surrendered. Employees of departments, institutions, agencies, and political subdivisions of the State hiring prisoners to perform work outside prison confines may be designated as the authorized agents of the Secretary of Public Safety for the purpose of maintaining control and custody of prisoners who may be placed under the supervision and control of such employees, including guarding and transferring such prisoners from place to place in the State as their duties might require, and apprehending and arresting escaped prisoners and returning them to prison. The governing authorities of the State prison system are authorized to determine by rules and regulations the manner of designating these agents and placing prisoners under their supervision and control, which rules and regulations shall be established in the same manner as other rules and regulations for the government of the State prison system.

The Secretary of Public Safety may extend the limits of the place of confinement of a prisoner, as to whom there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to

Contact prospective employers; or
Secure a suitable residence for use when released on parole or upon discharge; or
Obtain medical services not otherwise available; or
Participate in a training program in the community; or
Visit or attend the funeral of a spouse, child (including stepchild, adopted child or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person though not a natural parent, has acted in the place of a parent), brother, or sister; or
Participate in community-based programs of rehabilitation, including, but not limited to the existing community volunteer and home-leave programs, pre-release and after-care programs as may be provided for and administered by the Secretary of Public Safety and other programs determined by the Secretary of Public Safety to be consistent with the prisoner’s rehabilitation and return to society; or
Be on maternity leave, for a period of time not to exceed 60 days. The county departments of social services are expected to cooperate with officials at the North Carolina Correctional Center for Women to coordinate prenatal care, financial services, and placement of the child; or
Receive palliative care, only in the case of a terminally ill inmate or a permanently and totally disabled inmate that the Secretary finds no longer poses a significant public safety risk, and only after consultation with any victims of the inmate or the victims’ families. For purposes of this subdivision, the term “terminally ill” describes an inmate who, as determined by a licensed physician, has an incurable condition caused by illness or disease that was unknown at the time of sentencing and was not diagnosed upon entry to prison, that will likely produce death within six months, and that is so debilitating that it is highly unlikely that the inmate poses a significant public safety risk. For purposes of this subdivision, the term “permanently and totally disabled” describes an inmate who, as determined by a licensed physician, suffers from permanent and irreversible physical incapacitation as a result of an existing physical or medical condition that was unknown at the time of sentencing and was not diagnosed upon entry to prison, and that is so incapacitating that it is highly unlikely that the inmate poses a significant public safety risk. The Department’s medical director shall notify the Secretary immediately when an inmate has been classified as terminally ill and shall provide regular reports on inmates classified as permanently and totally disabled. The Secretary shall act expeditiously in determining whether to extend the limits of confinement under this subdivision upon receiving notice that an inmate has been classified as terminally ill or permanently and totally disabled and, in the case of a terminally ill inmate, the Secretary shall make a good faith effort to reach a determination within 30 days of receiving notice of the inmate’s terminal condition. The willful failure of a prisoner to remain within the extended limits of his confinement, or to return within the time prescribed to the place of confinement designated by the Secretary of Public Safety, shall be deemed an escape from the custody of the Secretary of Public Safety punishable as provided in G.S. 148-45 .

History. 1901, c. 472, s. 4; Rev., s. 5390; C.S., s. 7706; 1925, c. 163; 1933, c. 172, ss. 5, 18; 1935, c. 257, s. 2; 1943, c. 409; 1955, c. 238, s. 2; 1957, c. 349, s. 10; 1959, c. 109; 1965, c. 1042; 1967, c. 996, ss. 13, 15; 1973, c. 902; c. 1262, s. 10; 1977, c. 704, s. 5; 1985, c. 483; 2001-424, s. 25.9(a); 2005-276, s. 17.13; 2011-145, s. 19.1(h), (i); 2012-83, s. 61; 2017-186, s. 2(vvvvvv).

Section Set Out Twice.

The section above is effective until January 1, 2023. For the section as amended January 1, 2023, see the following section, also numbered G.S. 148-4 .

Pilot Program — Conducting Court Proceedings Using Videoconferencing Technology for Persons in Custody.

Session Laws 2009-270, ss. 1-4, provide: “SECTION 1. The Administrative Office of the Courts, in consultation with the Department of Correction [Division of Adult Correction and Juvenile Justice of the Department of Public Safety], shall conduct a pilot program to test the feasibility of using videoconference or similar technology to conduct court proceedings involving defendants in the custody of the Department of Correction, instead of requiring live appearances in court for those defendants. The Administrative Office of the Courts shall designate two counties to participate in the pilot, and the Department of Correction shall designate one prison facility. The Administrative Office of the Courts may also designate one or more counties to participate in a pilot program involving persons in the custody of local confinement facilities to test the feasibility of using videoconferencing equipment to conduct proceedings authorized by this act but not otherwise authorized by law.

“SECTION 2. Notwithstanding any other provision of law, the courts participating in the pilot program authorized by this act may conduct proceedings required under G.S. 15A-511 , Article 26 of Chapter 15A of the General Statutes, G.S. 15A-601 , and G.S. 15A-941 by videoconference without the consent of the defendant. If a defendant voluntarily and knowingly waives his or her right to appear in person, the court may also accept guilty pleas and impose sentences in cases in which the plea is taken by videoconference, conduct hearings on motions, and conduct probation modification or revocation proceedings. The waiver may be taken by videoconference. In the jurisdictions participating in the pilot programs, no proceeding in which a person is charged with a capital felony may be conducted using videoconferencing equipment, but nothing in this act shall be construed to limit the use of testimony at a trial taken by videoconferencing equipment when the testimony is otherwise allowed by law to be taken in that manner.

“SECTION 3. The equipment used in conducting the videoconference proceedings authorized by this act shall be used in a manner that ensures that the judicial official conducting the proceeding and the defendant can see and hear each other and that ensures that the defendant and his or her attorney may communicate during the proceeding in a manner that preserves the defendant’s right to confidential communication with counsel.

“SECTION 4. The North Carolina Rural Courts Commission, in cooperation with the Department of Correction, shall study the effectiveness of the use of videoconferences for these proceedings and report its findings and recommendations for expansion or modification to the Chief Justice, the Secretary of Correction, [Secretary of Public Safety]the Chairs of the Senate and House Appropriations Subcommittees on Justice and Public Safety, and the Chairs of the Senate and House Appropriations Committees. The study shall address the costs of implementing videoconferencing on a statewide basis for these purposes, as well as the cost savings obtained through the use of such equipment, the quality of the transmissions, the frequency of use, and any other relevant information the Commission deems appropriate. The report shall be submitted no later than May 1, 2010. The Administrative Office of the Courts and the Department of Correction may seek grant funds to offset any costs associated with the study that cannot be provided by appropriations to those agencies.”

Editor's Note.

Session Laws 2021-180, s. 19C.9(aaaaa), made the amendments to this section by Session Laws 2021-180, s. 19C.9(o), (p), effective January 1, 2023, and further provides: “On and after that date, any references or directives in this act to the Division of Adult Correction and Juvenile Justice, the Section of Adult Correction in the Division of Adult Correction and Juvenile Justice, the Section of Juvenile Justice of the Division of Adult Correction and Juvenile Justice, or the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice shall be construed to apply to the appropriate division of either the Department of Public Safety or the Department of Adult Correction pursuant to the departmental changes enacted by this section.”

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2005-276, s. 17.13, effective July 1, 2005, rewrote subdivision (8).

Session Laws 2017-186, s. 2(vvvvvv), effective December 1, 2017, inserted “and Juvenile Justice” in the second sentence of the first undesignated paragraph in the section.

Session Laws 2021-180, s. 19C.9(o), (p), substituted “Secretary of the Department of Adult Correction” for “Secretary of Public Safety” and substituted “Division of Prisons of the Department of Adult Correction” for “Division of Adult Correction and Juvenile Justice of the Department of Public Safety” throughout this section. For effective date and applicability, see editor's note.

CASE NOTES

Power to Designate Places of Confinement. —

This section gives the Director of Prisons (now the Secretary of Correction) or his duly authorized agents or representatives the authority to designate the places of confinement within the State prison system where the sentences of prisoners shall be served. State v. Whitley, 264 N.C. 742 , 142 S.E.2d 600, 1965 N.C. LEXIS 1271 (1965).

Recommendation as to Confinement Held Not to Constitute Cruel and Unusual Punishment. —

An attachment to commitment papers recommending “that the defendant not be placed upon work release or permitted to leave his place of confinement under this section or any other statute but be kept at all times in close security until the sentence is completed” was a mere recommendation and had no legal effect upon the type or place of incarceration of the petitioner, and it did not constitute cruel and unusual punishment. Harris v. North Carolina, 320 F. Supp. 770, 1970 U.S. Dist. LEXIS 12236 (M.D.N.C. 1970), aff'd, 435 F.2d 1305, 1971 U.S. App. LEXIS 12507 (4th Cir. 1971).

Good Time, Gain Time, and Merit Time Credits. —

North Carolina Department of Corrections’ interpretation that petitioner’s good time, gain time, and merit time credits were not awarded to him for purposes of unconditional release was statutorily and constitutionally permissible where petitioner was convicted of murder and sentenced to life pursuant to G.S. 14-2 . Jones v. Keller, 364 N.C. 249 , 698 S.E.2d 49, 2010 N.C. LEXIS 587 (2010).

Instruction on Willfulness Under This Section Unnecessary in Prosecution Under G.S. 148-45 . —

In a prosecution for felonious escape under G.S. 148-45 , trial court was not required to instruct the jury pursuant to this section that one of the essential elements of felonious escape is that the failure to remain in or return to confinement must be willful, since defendant was not charged with escape while outside the place of his confinement pursuant to authorization by the Secretary of Correction under this section, but was charged under G.S. 148-45 , which establishes the general escape offense, and that section does not contain the word “willful.” State v. Rose, 53 N.C. App. 608, 281 S.E.2d 404, 1981 N.C. App. LEXIS 2700 (1981).

Court’s Sentencing Orders to be Followed by Department of Corrections. —

Since the superior court was authorized by G.S. 15A-1417 to enter an appropriate sentence upon granting defendant’s motion for appropriate relief, and since G.S. 148-4 provided that any sentencing order bound defendant to commitment with the North Carolina Department of Corrections under the terms of that appropriate sentence, the superior court’s authority to order the Department to change its records to reflect entry of the appropriate sentence was unaffected by defendant’s decision to file a motion for appropriate relief rather than a civil suit naming the Department as a party defendant; the Department could not refuse the superior court’s order to change defendant’s records to reflect concurrent instead of consecutive sentences simply because the sentencing order was entered following defendant’s motion for appropriate relief. State v. Ellis, 167 N.C. App. 276, 605 S.E.2d 168, 2004 N.C. App. LEXIS 2161 (2004), rev'd, 361 N.C. 200 , 639 S.E.2d 425, 2007 N.C. LEXIS 38 (2007) (remanded to allow defendant to withdraw his guilty plea).

Evidence Held Sufficient to Support Finding of Escape. —

Testimony of a sergeant with the North Carolina Department of Correction assigned to the prison camp in which defendant was confined that on the day in question defendant was given permission to leave the unit on a Community Volunteer Leave was sufficient to support the jury’s finding, and it was not necessary that the State present evidence to show that the Secretary of Correction, after making a determination that there was reasonable cause to believe that defendant would honor his trust, had personally authorized defendant’s release to participate in the community volunteer program and had personally prescribed the precise period of time during which the defendant was permitted to be absent from the prison unit. State v. Harris, 27 N.C. App. 15, 217 S.E.2d 729, 1975 N.C. App. LEXIS 1736 (1975).

A State prisoner has no legal right to the mitigation of his punishment. Wetzel v. Edwards, 635 F.2d 283, 1980 U.S. App. LEXIS 12800 (4th Cir. 1980).

Question as to whether a particular inmate is entitled to honor grade status or parole involves policy decisions which should be made by the department and the Parole Board, not the courts. Wetzel v. Edwards, 635 F.2d 283, 1980 U.S. App. LEXIS 12800 (4th Cir. 1980).

OPINIONS OF ATTORNEY GENERAL

As to the status of a convicted person awaiting appeal, see opinion of the Attorney General to Mr. Martin R. Peterson, Director of Legal Services, N.C. Department of Correction, 40 N.C. Op. Att'y Gen. 163 (1969).

§ 148-4. Control and custody of prisoners; authorizing prisoner to leave place of confinement. [Effective January 1, 2023]

The Secretary of the Department of Adult Correction shall have control and custody of all prisoners serving sentence in the State prison system, and such prisoners shall be subject to all the rules and regulations legally adopted for the government thereof. Any sentence to imprisonment in any unit of the State prison system, or to jail to be assigned to work under the Division of Prisons of the Department of Adult Correction, shall be construed as a commitment, for such terms of imprisonment as the court may direct, to the custody of the Secretary of the Department of Adult Correction or his authorized representative, who shall designate the places of confinement within the State prison system where the sentences of all such persons shall be served. The authorized agents of the Secretary shall have all the authority of peace officers for the purpose of transferring prisoners from place to place in the State as their duties might require and for apprehending, arresting, and returning to prison escaped prisoners, and may be commissioned by the Governor, either generally or specially, as special officers for returning escaped prisoners or other fugitives from justice from outside the State, when such persons have been extradited or voluntarily surrendered. Employees of departments, institutions, agencies, and political subdivisions of the State hiring prisoners to perform work outside prison confines may be designated as the authorized agents of the Secretary of the Department of Adult Correction for the purpose of maintaining control and custody of prisoners who may be placed under the supervision and control of such employees, including guarding and transferring such prisoners from place to place in the State as their duties might require, and apprehending and arresting escaped prisoners and returning them to prison. The governing authorities of the State prison system are authorized to determine by rules and regulations the manner of designating these agents and placing prisoners under their supervision and control, which rules and regulations shall be established in the same manner as other rules and regulations for the government of the State prison system.

The Secretary of the Department of Adult Correction may extend the limits of the place of confinement of a prisoner, as to whom there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to

Contact prospective employers; or
Secure a suitable residence for use when released on parole or upon discharge; or
Obtain medical services not otherwise available; or
Participate in a training program in the community; or
Visit or attend the funeral of a spouse, child (including stepchild, adopted child or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person though not a natural parent, has acted in the place of a parent), brother, or sister; or
Participate in community-based programs of rehabilitation, including, but not limited to the existing community volunteer and home-leave programs, pre-release and after-care programs as may be provided for and administered by the Secretary of the Department of Adult Correction and other programs determined by the Secretary of the Department of Adult Correction to be consistent with the prisoner’s rehabilitation and return to society; or
Be on maternity leave, for a period of time not to exceed 60 days. The county departments of social services are expected to cooperate with officials at the North Carolina Correctional Center for Women to coordinate prenatal care, financial services, and placement of the child; or
Receive palliative care, only in the case of a terminally ill inmate or a permanently and totally disabled inmate that the Secretary finds no longer poses a significant public safety risk, and only after consultation with any victims of the inmate or the victims’ families. For purposes of this subdivision, the term “terminally ill” describes an inmate who, as determined by a licensed physician, has an incurable condition caused by illness or disease that was unknown at the time of sentencing and was not diagnosed upon entry to prison, that will likely produce death within six months, and that is so debilitating that it is highly unlikely that the inmate poses a significant public safety risk. For purposes of this subdivision, the term “permanently and totally disabled” describes an inmate who, as determined by a licensed physician, suffers from permanent and irreversible physical incapacitation as a result of an existing physical or medical condition that was unknown at the time of sentencing and was not diagnosed upon entry to prison, and that is so incapacitating that it is highly unlikely that the inmate poses a significant public safety risk. The Department’s medical director shall notify the Secretary immediately when an inmate has been classified as terminally ill and shall provide regular reports on inmates classified as permanently and totally disabled. The Secretary shall act expeditiously in determining whether to extend the limits of confinement under this subdivision upon receiving notice that an inmate has been classified as terminally ill or permanently and totally disabled and, in the case of a terminally ill inmate, the Secretary shall make a good faith effort to reach a determination within 30 days of receiving notice of the inmate’s terminal condition. The willful failure of a prisoner to remain within the extended limits of his confinement, or to return within the time prescribed to the place of confinement designated by the Secretary of the Department of Adult Correction, shall be deemed an escape from the custody of the Secretary of the Department of Adult Correction punishable as provided in G.S. 148-45 .

Section Set Out Twice.

The section above is effective January 1, 2023. For the section as in effect until January 1, 2023, see the preceding section, also numbered G.S. 148-4 .

Pilot Program — Conducting Court Proceedings Using Videoconferencing Technology for Persons in Custody.

Editor's Note.

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2005-276, s. 17.13, effective July 1, 2005, rewrote subdivision (8).

Session Laws 2017-186, s. 2(vvvvvv), effective December 1, 2017, inserted “and Juvenile Justice” in the second sentence of the first undesignated paragraph in the section.

CASE NOTES

Power to Designate Places of Confinement. —

Recommendation as to Confinement Held Not to Constitute Cruel and Unusual Punishment. —

Good Time, Gain Time, and Merit Time Credits. —

Instruction on Willfulness Under This Section Unnecessary in Prosecution Under G.S. 148-45 . —

Court’s Sentencing Orders to be Followed by Department of Corrections. —

Evidence Held Sufficient to Support Finding of Escape. —

A State prisoner has no legal right to the mitigation of his punishment. Wetzel v. Edwards, 635 F.2d 283, 1980 U.S. App. LEXIS 12800 (4th Cir. 1980).

OPINIONS OF ATTORNEY GENERAL

§ 148-4.1. Release of inmates. [Effective until January 1, 2023]

Whenever the Secretary of Public Safety determines from data compiled by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety that it is necessary to reduce the prison population to a more manageable level or to meet the State’s obligations under law, he shall direct the Post-Release Supervision and Parole Commission to release on parole over a reasonable period of time a number of prisoners sufficient to that purpose. From the time the Secretary directs the Post-Release Supervision and Parole Commission until the prison population has been reduced to a more manageable level, the Secretary may not accept any inmates ordered transferred from local confinement facilities to the State prison system under G.S. 148-32.1(b). Further, the Secretary may return any inmate housed in the State prison system under an order entered pursuant to G.S. 148-32.1(b) to the local confinement facility from which the inmate was transferred. In order to meet the requirements of this section, the Parole Commission shall not parole any person convicted under Article 7B of Chapter 14 of a sex offense, under G.S. 14-39 , 14-41, or 14-43.3, under G.S. 90-95(h) of a drug trafficking offense, or under G.S. 14-17 , or any other violent felon as defined in subsection (a1) of this section. The Parole Commission may continue to consider the suitability for release of such persons in accordance with the criteria set forth in Articles 85 and 85A of Chapter 15A. (a1) Notwithstanding any other provision of this section, the Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall at all times secure the necessary prison space to house any violent felon or habitual felon for the full active sentence imposed by the court. For purposes of this subsection, the term “violent felon” means any person convicted of the following felony offenses: first or second degree murder, voluntary manslaughter, first or second degree rape, first or second degree sexual offense, any sexual offense involving a minor, robbery, kidnapping, or assault, or attempting, soliciting, or conspiring to commit any of those offenses.
Except as provided in subsection (c), only inmates who are otherwise eligible for parole pursuant to Article 85 of Chapter 15A or pursuant to Article 3B of this Chapter may be released under this section.
Persons eligible for parole under Article 85A of Chapter 15A shall be eligible for early parole under this section nine months prior to the discharge date otherwise applicable, and six months prior to the date of automatic 90-day parole authorized by G.S. 15A-1380.2. (c1) through (g). Repealed by 1995 Session Laws, c. 324, s. 19.9(e).
(g1) Expired July 1, 1996.

(h) A person sentenced under Article 81B of Chapter 15A of the General Statutes shall not be released pursuant to this section.

(i) This section does not apply to inmates released pursuant to G.S. 148-64.1 .

History. 1983, c. 557, s. 1; 1985 (Reg. Sess., 1986), c. 1014, s. 197(a); 1987, c. 7, ss. 1, 3, 4; c. 879, s. 1.2; 1989, c. 1, s. 1; 1990, Ex. Sess., c. 1, ss. 1-3.3; 1989 (Reg. Sess., 1990), c. 933, ss. 10-13; 1991, c. 187, s. 2; c. 217, ss. 6, 7; c. 437, ss. 1-9; 1991 (Reg. Sess., 1992), c. 1036, ss. 5-7; 1993, c. 91, ss. 1-9; c. 538, s. 31; 1994, Ex. Sess., c. 14, s. 64; c. 15, ss. 1-4; c. 24, s. 14(b), (e); 1995, c. 324, s. 19.9(a)-(e); 2008-199, s. 1; 2011-145, s. 19.1(h), (i); 2015-181, s. 47; 2017-186, s. 2(wwwwww).

Section Set Out Twice.

The section above is effective until January 1, 2023. For the section as amended January 1, 2023, see the following section, also numbered G.S. 148-4.1 .

Editor’s Note.

Effective March 15, 1994, Session Laws 1993 (Reg. Sess., 1994), c. 15, s. 2 repealed Session Laws 1993, c. 91, ss. 7-9, which would have been effective April 1, 1994, and would have increased the figure “21,400” in subsections (d), (e), and (f) to 21,500, pursuant to ss. 7-9 of Session Laws 1993, c. 91.

This section was amended by Session Laws 1994, Extra Session, c. 15, s. 1, in the coded bill drafting format provided by G.S. 120-20.1 . In this amendment, the section was set out in full and added a new (c1) but did not include (h). It has been set out in the form above at the direction of the Revisor of Statutes.

Session Laws 2015-181, s. 47, provides: “The Revisor of Statutes may correct statutory references, as required by this act, throughout the General Statutes. In making the changes authorized by this act, the Revisor may also adjust the order of lists of multiple statutes to maintain statutory order, correct terms, make conforming changes to catch lines and references to catch lines, and adjust subject and verb agreement and the placement of conjunctions.” Pursuant to this authority the Revisor of Statutes substituted “Article 7B of Chapter 14” for “Article 7A of Chapter 14” in subsection (a).

Session Laws 2015-181, s. 48, provides: “This act becomes effective December 1, 2015, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.”

Session Laws 2021-180, s. 19C.9(aaaaa), made the amendments to subsections (a) and (a1) of this section by Session Laws 2021-180, s. 19C.9(cccc), effective January 1, 2023, and further provides: “On and after that date, any references or directives in this act to the Division of Adult Correction and Juvenile Justice, the Section of Adult Correction in the Division of Adult Correction and Juvenile Justice, the Section of Juvenile Justice of the Division of Adult Correction and Juvenile Justice, or the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice shall be construed to apply to the appropriate division of either the Department of Public Safety or the Department of Adult Correction pursuant to the departmental changes enacted by this section.”

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2008-199, s. 1, effective August 8, 2008, added subsection (i).

Session Laws 2017-186, s. 2(wwwwww), effective December 1, 2017, inserted “and Juvenile Justice” in the first sentence of subsections (a) and (a1).

Session Laws 2021-180, s. 19C.9(cccc), in the first sentence of subsection (a), substituted “the Secretary of the Department of Adult Correction determines from data compiled by the Division of Prisons” for “the Secretary of Public Safety determines from data compiled by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety”, and “the Secretary in consultation with the Secretary of the Department of Public Safety may direct the Post Release” for “he shall direct the Post Release”; and substituted “the Division of Prisons of the Department of Adult Correction shall” for “the Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall” in subsection (a1). For effective date and applicability, see editor's note.

OPINIONS OF ATTORNEY GENERAL

The Parole Commission has the authority to select fair-sentence inmates to be paroled pursuant to subsection (c) of this section. See opinion of Attorney General to Mr. Ben G. Irons, II, Senior Administrative Assistant, North Carolina Department of Correction, 53 N.C. Op. Att'y Gen. 106 (1984).

§ 148-4.1. Release of inmates. [Effective January 1, 2023]

Whenever the Secretary of the Department of Adult Correction determines from data compiled by the Division of Prisons that it is necessary to reduce the prison population to a more manageable level or to meet the State’s obligations under law, the Secretary in consultation with the Secretary of the Department of Public Safety may direct the Post-Release Supervision and Parole Commission to release on parole over a reasonable period of time a number of prisoners sufficient to that purpose. From the time the Secretary directs the Post-Release Supervision and Parole Commission until the prison population has been reduced to a more manageable level, the Secretary may not accept any inmates ordered transferred from local confinement facilities to the State prison system under G.S. 148-32.1(b). Further, the Secretary may return any inmate housed in the State prison system under an order entered pursuant to G.S. 148-32.1(b) to the local confinement facility from which the inmate was transferred. In order to meet the requirements of this section, the Parole Commission shall not parole any person convicted under Article 7B of Chapter 14 of a sex offense, under G.S. 14-39 , 14-41, or 14-43.3, under G.S. 90-95(h) of a drug trafficking offense, or under G.S. 14-17 , or any other violent felon as defined in subsection (a1) of this section. The Parole Commission may continue to consider the suitability for release of such persons in accordance with the criteria set forth in Articles 85 and 85A of Chapter 15A. (a1) Notwithstanding any other provision of this section, the Division of Prisons of the Department of Adult Correction shall at all times secure the necessary prison space to house any violent felon or habitual felon for the full active sentence imposed by the court. For purposes of this subsection, the term “violent felon” means any person convicted of the following felony offenses: first or second degree murder, voluntary manslaughter, first or second degree rape, first or second degree sexual offense, any sexual offense involving a minor, robbery, kidnapping, or assault, or attempting, soliciting, or conspiring to commit any of those offenses.
Except as provided in subsection (c), only inmates who are otherwise eligible for parole pursuant to Article 85 of Chapter 15A or pursuant to Article 3B of this Chapter may be released under this section.
Persons eligible for parole under Article 85A of Chapter 15A shall be eligible for early parole under this section nine months prior to the discharge date otherwise applicable, and six months prior to the date of automatic 90-day parole authorized by G.S. 15A-1380.2. (c1) through (g). Repealed by 1995 Session Laws, c. 324, s. 19.9(e).
(g1) Expired July 1, 1996.

(h) A person sentenced under Article 81B of Chapter 15A of the General Statutes shall not be released pursuant to this section.

(i) This section does not apply to inmates released pursuant to G.S. 148-64.1 .

Section Set Out Twice.

The section above is effective January 1, 2023. For the section as in effect until January 1, 2023, see the preceding section, also numbered G.S. 148-4.1 .

Editor’s Note.

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2008-199, s. 1, effective August 8, 2008, added subsection (i).

Session Laws 2017-186, s. 2(wwwwww), effective December 1, 2017, inserted “and Juvenile Justice” in the first sentence of subsections (a) and (a1).

OPINIONS OF ATTORNEY GENERAL

§ 148-5. Secretary to manage prison property. [Effective until January 1, 2023]

The Secretary of Public Safety shall manage and have charge of all the property and effects of the State prison system, and conduct all its affairs subject to the provisions of this Chapter and the rules and regulations legally adopted for the government thereof.

History. 1933, c. 172, s. 4; 1955, c. 238, s. 3; 1967, c. 996, s. 15; 1973, c. 1262, s. 10; 2011-145, s. 19.1(i).

Section Set Out Twice.

The section above is effective until January 1, 2023. For the section as amended January 1, 2023, see the following section, also numbered G.S. 148-5 .

Editor’s Note.

Session Laws 1995 (Reg. Sess., 1996), c. 18, s. 20.1 provides that in conjunction with the closing of small expensive prison units recommended for consolidation by the Government Performance Audit Committee, the Department of Correction [Division of Adult Correction and Juvenile Justice of the Department of Public Safety] shall consult with the county or municipality in which the unit is located or any private for-profit or nonprofit firm about the possibility of converting that unit to other use. The Department may provide for the lease of any of these units to counties, municipalities, or private firms wishing to convert them to other use and the Department may also consider converting some of the units from medium security to minimum security, where that conversion would be cost-effective.

Furthermore, the Department of Correction shall report quarterly to the Joint Legislative Corrections Oversight Committee on the conversion of these units to other use.

For prior similar provisions, see Session Laws 2010-31, s. 19.10(a) and (b).

Session Laws 2021-180, s. 19C.9(aaaaa), made the amendment to this section by Session Laws 2021-180, s. 19C.9(o), effective January 1, 2023, and further provides: “On and after that date, any references or directives in this act to the Division of Adult Correction and Juvenile Justice, the Section of Adult Correction in the Division of Adult Correction and Juvenile Justice, the Section of Juvenile Justice of the Division of Adult Correction and Juvenile Justice, or the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice shall be construed to apply to the appropriate division of either the Department of Public Safety or the Department of Adult Correction pursuant to the departmental changes enacted by this section.”

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2021-180, s. 19C.9(o), substituted “Secretary of the Department of Adult Correction” for “Secretary of Public Safety” near the beginning of this section. For effective date and applicability, see editor's note.

§ 148-5. Secretary to manage prison property. [Effective January 1, 2023]

The Secretary of the Department of Adult Correction shall manage and have charge of all the property and effects of the State prison system, and conduct all its affairs subject to the provisions of this Chapter and the rules and regulations legally adopted for the government thereof.

History. 1933, c. 172, s. 4; 1955, c. 238, s. 3; 1967, c. 996, s. 15; 1973, c. 1262, s. 10; 2011-145, s. 19.1(i); 2021-180, s. 19C.9(o).

Section Set Out Twice.

The section above is effective January 1, 2023. For the section as in effect until January 1, 2023, see the preceding section, also numbered G.S. 148-5 .

Editor’s Note.

Furthermore, the Department of Correction shall report quarterly to the Joint Legislative Corrections Oversight Committee on the conversion of these units to other use.

For prior similar provisions, see Session Laws 2010-31, s. 19.10(a) and (b).

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

§ 148-5.1. Confining inmates away from victims.

If a victim or immediate family member of a victim requests that, for the safety of the victim or family member, an inmate be confined outside the county where the victim or family member resides or is employed, the Department shall make a reasonable effort to house the inmate in a facility in another county. If the inmate is not so housed in another county, the Department shall notify the victim or family member in writing.

History. 2001-433, s. 10; 2001-487, s. 120.

§§ 148-5.2 through 148-5.4.

Reserved for future codification purposes.

§ 148-5.5. (Contingent expiration - see note) Training and authority of security guards.

Any security guard and patrol professional that is licensed pursuant to Chapter 74C of the General Statutes and is employed to provide security services related to entry and exit, direction and movement of individuals at entry and exit, security working towers, or perimeter security patrols at a State prison facility, shall receive training on State prison policies, including policies on the use of force, prior to providing any security services at a State prison. Security guard and patrol professionals trained pursuant to this section shall have the authority to detain and use necessary force pursuant to State prison policies to prevent contraband entry or inmate escape.

History. 2020-3, s. 4.15(b); 2020-15, s. 2; 2021-180, s. 19D.2.

Editor’s Note.

Session Laws 2020-3, s. 4.15(c), as amended by Session Laws 2020-15, s. 2, and as amended by Session Laws 2021-180, s. 19D.2, made this section, as added by Session Laws 2020-3, s. 4.15(b), effective May 4, 2020, and provided for its expiration upon the earlier of August 1, 2023, or the date of completion of the Youth Development Center in Rockingham County.

Session Laws 2020-3, s. 5, is a severability clause.

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

§ 148-6. Custody, employment and hiring out of convicts. [Effective until January 1, 2023]

The Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall provide for receiving, and keeping in custody until discharged by law, all such convicts as may be now confined in the prison and such as may be hereafter sentenced to imprisonment therein by the several courts of this State. The Division shall have full power and authority to provide for employment of such convicts, either in the prison or on farms leased or owned by the State of North Carolina, or elsewhere, or otherwise; and may contract for the hire or employment of any able-bodied convicts upon such terms as may be just and fair, but such convicts so hired, or employed, shall remain under the actual management, control and care of the Division.

History. 1895, c. 194, s. 5; 1897, c. 270; 1901, c. 472, ss. 5, 6; Rev., s. 5391; C.S., s. 7707; 1925, c. 163; 1933, c. 172, s. 18; 1957, c. 349, s. 10; 1967, c. 996, s. 13; 2007-398, s. 2; 2011-145, s. 19.1(h); 2012-83, s. 61; 2017-186, s. 2(xxxxxx).

Section Set Out Twice.

The section above is effective until January 1, 2023. For the section as amended January 1, 2023, see the following section, also numbered G.S. 148-6 .

Editor's Note.

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2007-398, s. 2, effective August 21, 2007, deleted the former last sentence which read: “Provided, however, that no female convict shall be worked on public roads or streets in any manner.”

Session Laws 2017-186, s. 2(xxxxxx), effective December 1, 2017, inserted “and Juvenile Justice” in the first sentence of the section.

Session Laws 2021-180, s. 19C.9(p), substituted “Division of Prisons of the Department of Adult Correction” for “Division of Adult Correction and Juvenile Justice of the Department of Public Safety” at the beginning of the first sentence. For effective date and applicability, see editor's note.

Legal Periodicals.

For survey of 1996 developments in the law regarding prisoner rights, see 75 N.C.L. Rev. 2428 (1997).

CASE NOTES

Basis of Section. —

This section and G.S. 148-26 and 148-33.1, as well as provisions with reference to paroles contained in Article 4 of this Chapter, are predicated upon the idea that the ability as well as the disposition of released prisoners to engage in honest employment and become law-abiding members of society is calculated to serve the best interests of the State and of its citizens. Pharr v. Garibaldi, 252 N.C. 803 , 115 S.E.2d 18, 1960 N.C. LEXIS 443 (1960).

Employers of work release inmates are not required to supervise and control inmate employees outside the scope of their work release employment. O'Connor v. Corbett Lumber Corp., 84 N.C. App. 178, 352 S.E.2d 267, 1987 N.C. App. LEXIS 2478 (1987).

Treatment of Prisoner Whose Conviction Was Overturned. —

Where the Court of Appeals reversed defendant’s conviction, and where after receiving a copy of the Court of Appeals’ certified judgment the Department of Correction released defendant to the custody of the county jail, and where, on the same day, the county jailer obtained a safekeeping order transferring defendant back to the custody of the Department of Correction, the Secretary of the Department of Correction was not responsible for failing to implement a policy directing Department of Correction employees as to the proper manner with which to deal with prisoners whose convictions had been overturned on appeal; the department personnel were not on notice of the circumstances leading to the issuance of the safekeeping order and had no reason to question its sufficiency, and given the lack of discretion allowed to the Department and state law, there was no reasonable way that the Secretary could have detailed a policy that would have avoided defendant’s misfortunes. Allen v. Lowder, 875 F.2d 82, 1989 U.S. App. LEXIS 7384 (4th Cir. 1989).

OPINIONS OF ATTORNEY GENERAL

See opinion of Attorney General to Mr. Martin Peterson, Department of Correction, 41 N.C. Op. Att'y Gen. 291 (1971).

§ 148-6. Custody, employment and hiring out of convicts. [Effective January 1, 2023]

The Division of Prisons of the Department of Adult Correction shall provide for receiving, and keeping in custody until discharged by law, all such convicts as may be now confined in the prison and such as may be hereafter sentenced to imprisonment therein by the several courts of this State. The Division shall have full power and authority to provide for employment of such convicts, either in the prison or on farms leased or owned by the State of North Carolina, or elsewhere, or otherwise; and may contract for the hire or employment of any able-bodied convicts upon such terms as may be just and fair, but such convicts so hired, or employed, shall remain under the actual management, control and care of the Division.

Section Set Out Twice.

The section above is effective January 1, 2023. For the section as in effect until January 1, 2023, see the preceding section, also numbered G.S. 148-6 .

Editor's Note.

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2017-186, s. 2(xxxxxx), effective December 1, 2017, inserted “and Juvenile Justice” in the first sentence of the section.

Legal Periodicals.

For survey of 1996 developments in the law regarding prisoner rights, see 75 N.C.L. Rev. 2428 (1997).

CASE NOTES

Basis of Section. —

Treatment of Prisoner Whose Conviction Was Overturned. —

OPINIONS OF ATTORNEY GENERAL

See opinion of Attorney General to Mr. Martin Peterson, Department of Correction, 41 N.C. Op. Att'y Gen. 291 (1971).

§ 148-7. [Repealed]

Repealed by Session Laws 1995, c. 233, s. 1.

§ 148-8. [Transferred]

Transferred to § 66-58(b)(15) by Session Laws 1975, c. 730, s. 2.

§ 148-8.1. [Transferred]

Transferred to § 66-58(b)(16) by Session Laws 1975, c. 730, s. 3.

§ 148-9. [Repealed]

Repealed by Session Laws 1973, c. 476, s. 138.

§ 148-10. Department of Public Safety to supervise sanitary and health conditions of prisoners. [Effective until January 1, 2023]

The Department of Public Safety shall have general supervision over the sanitary and health conditions of the central prison, over the prison camps, or other places of confinement of prisoners under the jurisdiction of the Division of Adult Correction and Juvenile Justice of the Department.

History. 1917, c. 286, s. 8; 1919, c. 80, s. 4; C.S., s. 7714; 1925, c. 163; 1933, c. 172, s. 22; 1943, c. 409; 1957, c. 349, s. 10; 1967, c. 996, s. 13; 1973, c. 476, s. 128; 1989, c. 727, s. 219(37); 1997-443, s. 11A.111; 2011-145, s. 19.1(h); 2012-83, s. 61; 2015-241, s. 14.30(u); 2017-186, s. 2(yyyyyy); 2021-158, s. 9.

Section Set Out Twice.

The section above is effective until January 1, 2023. For the section as amended January 1, 2023, see the following section, also numbered G.S. 148-10 .

Editor's Note.

Session Laws 2021-180, s. 19C.9(aaaaa), made the amendment to this section by Session Laws 2021-180, s. 19C.9(p), effective January 1, 2023, and further provides: “On and after that date, any references or directives in this act to the Division of Adult Correction and Juvenile Justice, the Section of Adult Correction in the Division of Adult Correction and Juvenile Justice, the Section of Juvenile Justice of the Division of Adult Correction and Juvenile Justice, or the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice shall be construed to apply to the appropriate division of either the Department of Public Safety or the Department of Adult Correction pursuant to the departmental changes enacted by this section.”

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2015-241, s. 14.30(u), effective July 1, 2015, substituted “Department of Environmental Quality” for “Department of Environment and Natural Resources” in the section heading and section text.

Session Laws 2017-186, s. 2(yyyyyy), effective December 1, 2017, inserted “and Juvenile Justice” throughout the section.

Session Laws 2021-158, s. 9, effective September 16, 2021, in the section heading and the section, substituted “Public Safety” for “Environmental Quality”; and substituted the last occurrence of “Department” for “Department of Public Safety, and shall make periodic examinations of the same and report to the Division of Adult Correction and Juvenile Justice of the Department of Public Safety the conditions found there with respect to the sanitary and hygienic care of such prisoners.”

Session Laws 2021-180, s. 19C.9(p), substituted “Division of Prisons of the Department of Adult Correction” for “Division of Adult Correction and Juvenile Justice of the Department of Public Safety” in this section. For effective date and applicability, see editor's note.

Legal Periodicals.

For article, “A New Explanation for Equitable Tolling Under § 1983 and the Prison Litigation Reform Act,” see 99 N. C. L. Rev. Addendum 115 (2021).

§ 148-10. Department of Public Safety to supervise sanitary and health conditions of prisoners. [Effective January 1, 2023]

Section Set Out Twice.

The section above is effective January 1, 2023. For the section as in effect until January 1, 2023, see the preceding section, also numbered G.S. 148-10 .

Editor's Note.

At the direction of the Revisor of Statutes, “Division of Prisons of the Department of Adult Correction” was substituted for “Division of Adult Correction and Juvenile Justice of the Department” at the end of this section to give effect to the intent of Session Laws 2021-180, s. 19C.9(p).

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2017-186, s. 2(yyyyyy), effective December 1, 2017, inserted “and Juvenile Justice” throughout the section.

Session Laws 2021-180, s. 19C.9(p), substituted “Division of Prisons of the Department of Adult Correction” for “Division of Adult Correction and Juvenile Justice of the Department of Public Safety” in this section. For effective date and applicability, see editor's note.

Legal Periodicals.

For article, “A New Explanation for Equitable Tolling Under § 1983 and the Prison Litigation Reform Act,” see 99 N. C. L. Rev. Addendum 115 (2021).

§ 148-10.1. Employment of clinical chaplains for inmates. [Effective until January 1, 2023]

The Division of Adult Correction and Juvenile Justice of the Department of Public Safety is authorized and directed to employ clinical chaplains to provide moral, spiritual and social counselling and ministerial services to inmates in the custody of the Secretary of Public Safety. The Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall seek to employ a diversity of qualified persons having differing faiths which are to the extent practicable reflective of the professed religious composition of the inmate population.

History. 1977, c. 950, s. 1; 2011-145, s. 19.1(h), (i); 2017-186, s. 2(zzzzzz).

Editor's Note.

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2017-186, s. 2(zzzzzz), effective December 1, 2017, inserted “and Juvenile Justice” throughout the section.

Session Laws 2021-180, s. 19C.9(o), (p), substituted “Secretary of the Department of Adult Correction” for “Secretary of Public Safety” at the end of the first sentence and substituted “Division of Prisons of the Department of Adult Correction” for “Division of Adult Correction and Juvenile Justice of the Department of Public Safety” twice. For effective date and applicability, see editor's note.

§ 148-10.1. Employment of clinical chaplains for inmates. [Effective January 1, 2023]

The Division of Prisons of the Department of Adult Correction is authorized and directed to employ clinical chaplains to provide moral, spiritual and social counselling and ministerial services to inmates in the custody of the Secretary of the Department of Adult Correction. The Division of Prisons of the Department of Adult Correction shall seek to employ a diversity of qualified persons having differing faiths which are to the extent practicable reflective of the professed religious composition of the inmate population.

History. 1977, c. 950, s. 1; 2011-145, s. 19.1(h), (i); 2017-186, s. 2(zzzzzz); 2021-180, s. 19C.9(o), (p).

Editor's Note.

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2017-186, s. 2(zzzzzz), effective December 1, 2017, inserted “and Juvenile Justice” throughout the section.

§ 148-10.2. Policy: Certain inmates not to contact family members of victims. [Effective until January 1, 2023]

It shall be the policy of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety to prohibit death row inmates from contacting the surviving family members of the victims without the written consent of the family members being contacted. For purposes of this subsection, the term “contact” includes arranging for a third party to forward communications from the inmate to the surviving family members of the victim.
At the request of the victim or a family member of the victim, the Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall prohibit an inmate convicted of an offense listed in G.S. 15A-830(a)(7) from contacting the requesting party. For purposes of this subsection, the term “contact” includes arranging for a third party to forward communications from the inmate to the victim or family member.
The Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall develop and impose sanctions against any inmate who violates the provisions of this section.

History. 1999-358, s. 1; 2001-433, s. 9; 2001-487, s. 120; 2011-145, s. 19.1(h); 2017-186, s. 2(aaaaaaa).

Editor’s Note.

Session Laws 1999-358, s. 1 was codified as this section at the direction of the Revisor of Statutes.

Subsection (b) contains the reference “convicted of an offense listed in G.S. 15A-830(a)(7).” The list of offenses in G.S. 15A-830(a)(7) was deleted by Session Laws 2019-216, s. 2, effective August 31, 2019. See G.S. 15A-830(a)(6a), which contains the list of “offenses against the person.”

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2017-186, s. 2(aaaaaaa), effective December 1, 2017, inserted “and Juvenile Justice” throughout the section.

Session Laws 2021-180, s. 19C.9(p), substituted “Division of Prisons of the Department of Adult Correction” for “Division of Adult Correction and Juvenile Justice of the Department of Public Safety” throughout this section. For effective date and applicability, see editor's note.

§ 148-10.2. Policy: Certain inmates not to contact family members of victims. [Effective January 1, 2023]

It shall be the policy of the Division of Prisons of the Department of Adult Correction to prohibit death row inmates from contacting the surviving family members of the victims without the written consent of the family members being contacted. For purposes of this subsection, the term “contact” includes arranging for a third party to forward communications from the inmate to the surviving family members of the victim.
At the request of the victim or a family member of the victim, the Division of Prisons of the Department of Adult Correction shall prohibit an inmate convicted of an offense listed in G.S. 15A-830(a)(7) from contacting the requesting party. For purposes of this subsection, the term “contact” includes arranging for a third party to forward communications from the inmate to the victim or family member.
The Division of Prisons of the Department of Adult Correction shall develop and impose sanctions against any inmate who violates the provisions of this section.

History. 1999-358, s. 1; 2001-433, s. 9; 2001-487, s. 120; 2011-145, s. 19.1(h); 2017-186, s. 2(aaaaaaa); 2021-180, s. 19C.9(p).

Editor’s Note.

Session Laws 1999-358, s. 1 was codified as this section at the direction of the Revisor of Statutes.

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2017-186, s. 2(aaaaaaa), effective December 1, 2017, inserted “and Juvenile Justice” throughout the section.

Session Laws 2021-180, s. 19C.9(p), substituted “Division of Prisons of the Department of Adult Correction” for “Division of Adult Correction and Juvenile Justice of the Department of Public Safety” throughout this section. For effective date and applicability, see editor's note.

§ 148-10.3. Electronic monitoring costs. [Effective until January 1, 2023]

Personnel, equipment, and other costs of providing electronic monitoring of pretrial or sentenced offenders shall be reimbursed to the Division of Adult Correction and Juvenile Justice of the Department of Public Safety by the State or local agency requesting the service in an amount not exceeding the actual costs.

History. 2002-126, s. 17.10(a); 2011-145, s. 19.1(h); 2017-186, s. 2(bbbbbbb).

Editor’s Note.

Session Laws 2005-276, ss. 17.19(a) and (b), provide: “(a) The Department of Correction [Division of Adult Correction and Juvenile Justice of the Department of Public Safety] shall report by March 1 of each year to the Chairs of the Senate and House of Representatives Appropriations Committees and the Chairs of the Senate and House of Representatives Appropriations Subcommittees on Justice and Public Safety on its efforts to increase the use of electronic monitoring of sentenced offenders in the community as an alternative to the incarceration of probation violators. The report shall also document the geographical distribution of electronic monitoring use compared to other intermediate sanctions. The Department shall also analyze the reasons for the underutilization of the electronic monitoring program and include its findings in the report.

“(b) The Department of Correction shall report to the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee by October 1, 2005, on the following:

“(1) The Department’s evaluation of its 2004 pilot program for monitoring sex offenders and domestic violence offenders using Global Positioning Systems (GPS) technology.

“(2) The results of the Request for Proposal issued in the 2004-2005 fiscal year for GPS monitoring of offenders supervised by the Division of Community Corrections [Section of Community Corrections of the Division of Adult Correction and Juvenile Justice].

“(3) The Department’s recommendations for implementing GPS monitoring of sex offenders, including:

“a. An evaluation of the costs and benefits of passive versus active GPS technology.

“b. The proposed coverage areas for GPS monitoring and the location of any geographic or technological limitations that prevent statewide coverage.

“c. The size and characteristics of the targeted offender population and the proposed number of offenders to be monitored.

“d. The contractual and internal costs of the monitoring program.

“e. The proposed caseloads for probation officers who would supervise offenders using GPS technology.

“The Department shall also explore funding options through grants and other sources, including the possibility of charging a fee to offenders to partially offset the costs of the program. Funds made available for federal grant matching purposes by Section 17.9 of this act may be used to match grants for GPS supervision. The Department shall report to the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee on any funds identified.”

Session Laws 2005-276, s. 1.2, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2005.’ ”

Session Laws 2005-276, s. 46.3, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2005-2007 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2005-2007 fiscal biennium.”

Session Laws 2005-276, s. 46.5, is a severability clause.

Session Laws 2009-451, s. 19.12(d), provides: “The Department of Correction [Division of Adult Correction and Juvenile Justice of the Department of Public Safety] shall report by March 1 of each year to the Chairs of the House and Senate Appropriations Committees, the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Justice and Public Safety, and the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee on the following:

“(1) The number of sex offenders enrolled on active and passive GPS monitoring.

“(2) The caseloads of probation officers assigned to GPS-monitored sex offenders.

“(3) The number of violations.

“(4) The number of absconders.

“(5) The projected number of offenders to be enrolled by the end of the 2009-2010 fiscal year and the end of the 2010-2011 fiscal year.

“(6) The total cost of the program, including a per-offender cost.”

For prior similar provisions, see Session Laws 2007-323, s. 17.14.

Session Laws 2009-451, s. 1.2, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2009.’ ”

Session Laws 2009-451, s. 28.3, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium.”

Session Laws 2009-451, s. 28.5, is a severability clause.

Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”

Session Laws 2021-180, s. 43.7, is a severability clause.

Effect of Amendments.

Session Laws 2017-186, s. 2(bbbbbbb), effective December 1, 2017, inserted “and Juvenile Justice” in the section.

Session Laws 2021-180, s. 19C.9(p), substituted “Division of Prisons of the Department of Adult Correction” for “Division of Adult Correction and Juvenile Justice of the Department of Public Safety.” For effective date and applicability, see editor's note.

§ 148-10.3. Electronic monitoring costs. [Effective January 1, 2023]

Personnel, equipment, and other costs of providing electronic monitoring of pretrial or sentenced offenders shall be reimbursed to the Division of Prisons of the Department of Adult Correction by the State or local agency requesting the service in an amount not exceeding the actual costs.

History. 2002-126, s. 17.10(a); 2011-145, s. 19.1(h); 2017-186, s. 2(bbbbbbb); 2021-180, s. 19C.9(p).