North Carolina § 148-11 - Authority to adopt rules; authority to designate uniforms.

§ 148-11. Authority to adopt rules; authority to designate uniforms.

The Secretary shall adopt rules for the government of the State prison system. The Secretary shall have the rules that pertain to enforcing discipline read to every prisoner when received in the State prison system and a printed copy of these rules made available to the prisoners. The Secretary of Public Safety has sole authority to designate the uniforms worn by inmates confined in the Section of Prisons of the Division of Adult Correction and Juvenile Justice. History (1873-4, c. 158, s. 15; Code, s. 3444; Rev., s. 5401; C.S., s. 7721; 1925, c. 163; 1933, c. 172, s. 18; 1955, c. 238, s. 4; 1957, c. 349, s. 4; 1967, c. 996, ss. 14, 15; 1973, c. 1262, s. 10; 1983, c. 147, s. 1; 1987, c. 827, s. 1; 1991, c. 418, s. 15; c. 477, ss. 6, 8; 1995, c. 507, s. 27.8(u); 1999-109, s. 2; 2011-145, s. 19.1(i), (j); 2017-186, s. 2(eeeeeee).) Cross References. - As to the authority of agencies to adopt rules, see Article 2A of Chapter 150B . Prison Reform Funding and Reporting. - Session Laws 2018-5, s. 16C.2(a), (b), provides: "(a) Notwithstanding G.S. 148-10.4, for fiscal year 2018-2019, the sum of fifteen million dollars ($15,000,000) nonrecurring shall be transferred from Budget Code 24550, Fund Code 2325, to Budget Code 14550, Fund Code 1399, for prison facility infrastructure improvements related to safety equipment. "(b) The Department of Public Safety (Department) shall report quarterly beginning November 1, 2018, and continuing quarterly until November 1, 2019, to the Joint Legislative Oversight Committee on Justice and Public Safety on the implementation of the recommendations contained in the National Institute of Corrections Security Operational Assessment report of November 2017. "The report by the Department shall include all of the following: "(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) Information regarding improvements in collaboration between the Department and Correction Enterprises. "(4) The amount, content, quality, and frequency of staff training. "(5) Modifications to inmate work assignments, including assessments of the appropriateness of particular work assignments based on inmate classification. "(6) The results of security audits and inspections, listed both by facility and aggregated. "(7) Facility infrastructure improvements made to emergency communication, location tracking capabilities, and installation of additional cameras. "(8) Increased availability of staff personal safety equipment and institutional safety equipment. "(9) Adequacy of staffing of prison facilities and actions taken to increase staffing levels. "(10) Changes to the hiring and orientation processes and procedures for correctional officers." Editor's Note. - Session Laws 1999-109, s. 2, was codified as subsection (b) of this section at the direction of the Revisor of Statutes. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year." Session Laws 2018-5, s. 39.7, is a severability clause. Effect of Amendments. - Session Laws 2017-186, s. 2(eeeeeee), effective December 1, 2017, added "and Juvenile Justice" in subsection (b). 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).