North Carolina § 148-32 - 1. Local confinement, costs, alternate facilities, parole, work release.

§ 148-32. 1. Local confinement, costs, alternate facilities, parole, work release.

Repealed by Session Laws 2009-451, s. 19.22A, effective July 1, 2009. In the event that the custodian of the local confinement facility certifies in writing to the clerk of the superior court in the county in which the local confinement facility is located that the local confinement facility is filled to capacity, or that the facility cannot reasonably accommodate any more prisoners due to segregation requirements for particular prisoners, or that the custodian anticipates, in light of local experiences, an influx of temporary prisoners at that time, or if the local confinement facility does not meet the minimum standards published pursuant to G.S. 153A-221, any judge of the district court in the district court district as defined in G.S. 7A-133 where the facility is located, or any superior court judge who has jurisdiction pursuant to G.S. 7A-47.1 or G.S. 7A-48 in a district or set of districts as defined in G.S. 7A-41.1 where the facility is located may order that a prisoner not housed pursuant to the Statewide Misdemeanant Confinement Program established in subsection (b2) of this section be transferred to any other qualified local confinement facility within that district or within another such district where space is available, including a satellite jail unit operated pursuant to G.S. 153A-230.3 if the prisoner is a non-violent misdemeanant, which local facility shall accept the transferred prisoner. It is the intent of the General Assembly to authorize the Division of Adult Correction and Juvenile Justice to enter into voluntary agreements with counties to provide housing for misdemeanants serving periods of confinement of more than 90 days and for all sentences imposed for impaired driving under G.S. 20-138.1, regardless of length. It is further the intent of the General Assembly that the Division of Adult Correction and Juvenile Justice, in conjunction with the North Carolina Sheriffs' Association, Inc., establish a program for housing misdemeanants serving periods of confinement of more than 90 days and for all sentences imposed for impaired driving under G.S. 20-138.1, regardless of length. It is also the intent of the General Assembly that the Division of Adult Correction and Juvenile Justice contract with the North Carolina Sheriffs' Association, Inc., to provide a service that identifies space in local confinement facilities that is available for housing these misdemeanants. The Statewide Misdemeanant Confinement Program is established. The Program shall provide for the housing of misdemeanants from all counties serving sentences imposed for a period of more than 90 days and for all sentences imposed for impaired driving under G.S. 20-138.1, regardless of length. Those misdemeanants shall be confined in local confinement facilities except as provided in subsections (b3) and (b4) of this section. The Program shall address methods for the placement and transportation of inmates and reimbursement to counties for the housing of those inmates. Any county that voluntarily agrees to house misdemeanants from that county or from other counties pursuant to the Program may enter into a written agreement with the Division of Adult Correction and Juvenile Justice to do so. The custodian of a local confinement facility may request a judicial order to transfer a misdemeanant housed pursuant to the Statewide Misdemeanant Confinement Program to a facility operated by the Division of Adult Correction and Juvenile Justice by certifying in writing to the clerk of the superior court in the county in which the local confinement facility is located that one of the following conditions is met: The misdemeanant poses a security risk because the misdemeanant: Poses a serious escape risk. Exhibits violently aggressive behavior that cannot be contained and warrants a higher level of supervision. Needs to be protected from other inmates, and the county jail facility cannot provide such protection. Is a female or a person 18 years of age or younger, and the county jail facility does not have adequate housing for such prisoners. Is in custody at a time when a fire or other catastrophic event has caused the county jail facility to cease or curtail operations. Otherwise poses an imminent danger to the staff of the county jail facility or to other prisoners in the facility. The misdemeanant requires medical or mental health treatment that the county decides can best be provided by the Division of Adult Correction and Juvenile Justice. The local confinement facility that would be required to house the prisoner (i) cannot reasonably accommodate any more prisoners due to segregation requirements for particular prisoners, or the local facility does not meet the minimum standards published pursuant to G.S. 153A-221, and (ii) no other local confinement facility is available. A misdemeanant housed under the Statewide Misdemeanant Confinement Program established pursuant to subsection (b2) of this section may be transferred to a facility operated by the Division of Adult Correction and Juvenile Justice if the North Carolina Sheriffs' Association, Inc., determines that the local confinement facilities available for housing misdemeanants under the Program are filled to capacity. The Division of Adult Correction and Juvenile Justice shall be reimbursed from the Statewide Misdemeanant Confinement Fund for the costs of housing the misdemeanant, including the care, supervision, and transportation of the misdemeanant. Repealed by Session Laws 2015-40, s. 6. When a prisoner serving a sentence of 30 days or more in a local confinement facility is placed on work release pursuant to a recommendation of the sentencing court, the custodian of the facility shall forward the prisoner's work-release earnings to the Division of Adult Correction and Juvenile Justice, which shall disburse the earnings as determined under G.S. 148-33.1(f). When a prisoner serving a sentence of 30 days or more in a local confinement facility is placed on work release pursuant to an order of the sentencing court, the custodian of the facility shall forward the prisoner's work-release earnings to the clerk of the court that sentenced the prisoner or to the Division of Adult Correction and Juvenile Justice, as provided in the prisoner's commitment order. The clerk or the Division, as appropriate, shall disburse the earnings as provided in the prisoner's commitment order. Upon agreement between the Division of Adult Correction and Juvenile Justice and the custodian of the local confinement facility, however, the clerk may disburse to the local confinement facility the amount of the earnings to be paid for the cost of the prisoner's keep, and that amount shall be set off against the reimbursement to be paid by the Department to the local confinement facility pursuant to G.S. 148-32.1(a). Upon entry of a prisoner serving a sentence of imprisonment for impaired driving under G.S. 20-138.1 into a local confinement facility or to a detention facility approved by the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice pursuant to this section, the custodian of the local confinement facility or detention facility shall forward to the Post-Release Supervision and Parole Commission information pertaining to the prisoner so as to make him eligible for parole consideration pursuant to G.S. 15A-1371. Such information shall include date of incarceration, jail credit, and such other information as may be required by the Post-Release Supervision and Parole Commission. The Post-Release Supervision and Parole Commission shall approve a form upon which the custodian shall furnish this information, which form will be provided to the custodian by the Division of Adult Correction and Juvenile Justice. If no other local confinement facility is available and the reason for the requested transfer is that the local confinement facility that would be required to house the prisoner cannot reasonably accommodate any more prisoners due to segregation requirements for particular prisoners or the local facility does not meet the minimum standards published pursuant to G.S. 153A-221, then the judge may order that a prisoner not housed pursuant to the Statewide Misdemeanant Confinement Program established in subsection (b2) of this section be transferred to a facility operated by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety as designated by the Division of Adult Correction and Juvenile Justice. In no event, however, shall a prisoner whose term of imprisonment is less than 30 days be assigned or ordered transferred to a facility operated by the Division of Adult Correction and Juvenile Justice. The General Assembly intends that the cost of housing and caring for these misdemeanants, including, but not limited to, care, supervision, transportation, medical, and any other related costs, be covered by State funds and not be imposed as a local cost. Therefore, the General Assembly intends that the funds appropriated for the Statewide Misdemeanant Confinement Program be used to provide funding to cover the costs of managing a system for providing that housing of misdemeanants in local confinement facilities as well as reimbursing the counties for housing and related expenses for those misdemeanants. Upon receiving such request and certification in writing, any superior or district court judge for the district in which the local confinement facility is located may, after ascertaining that the request meets the criteria set forth in subdivision (1), (2), or (3) of this subsection, order the misdemeanant transferred to a unit of the State prison system designated by the Secretary of Public Safety or the Secretary's authorized representative. Individuals meeting the condition set forth in subdivision (2) of this subsection may be ordered to be transferred for an initial period not to exceed 30 days. The sheriff of the county from which the prisoner is removed shall be responsible for conveying the prisoner to the prison unit where the prisoner is to be held and for returning the prisoner to the jail of the county from which the prisoner was transferred. The officer in charge of the prison unit designated by the Secretary of Public Safety shall receive custody of the prisoner in accordance with the terms of the order. Prior to the conclusion of the 30-day period, the Division of Adult Correction and Juvenile Justice shall conduct an assessment of treatment and venue needs. The assessment shall be conducted by the attending medical or mental health professional and shall assess the medical and mental health needs of the prisoner and make a recommendation on whether the prisoner should remain in the custody of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety or if the prisoner should be returned to the custody of the county. To extend the order beyond the initial 30-day period, the sheriff shall provide the Division of Adult Correction and Juvenile Justice assessment and any other relevant information to the resident judge or the superior court or any judge holding superior court in the district or any district court judge who shall determine whether to extend the transfer of the prisoner to a unit of the State prison system beyond the initial 30-day period. If the judge determines that the prisoner should remain in the custody of the Division of Adult Correction and Juvenile Justice, the judge shall renew the order and include a date certain for review by the court. Prior to the date of review, the Division shall conduct a reassessment of treatment and venue needs and the sheriff shall provide the reassessment and any other relevant information to the court, as described in this subsection. If the judge determines that the prisoner should not remain in the custody of the Division of Adult Correction and Juvenile Justice, the officer in charge of the prison unit designated by the Secretary of Public Safety shall release custody of the prisoner in accordance with the court order and the instructions of the attending medical or mental health professional. The Division of Adult Correction and Juvenile Justice shall be reimbursed from the Statewide Misdemeanant Confinement Fund for the costs of housing the misdemeanant, including the care, supervision, and transportation of the misdemeanant. History (1977, c. 450, s. 3; c. 925, s. 2; 1981, c. 859, s. 25; 1985, c. 226, s. 3(1), (2); 1985 (Reg. Sess., 1986), c. 1014, ss. 199, 201(e); 1987, c. 7, ss. 2, 6; 1987 (Reg. Sess., 1988), c. 1037, s. 120; c. 1100, s. 17.4(a); 1989, c. 1, s. 2; c. 761, s. 3; 1991, c. 217, s. 6; 1993, c. 538, s. 33; 1994, Ex. Sess., c. 14, s. 65; c. 24, s. 14(b); 1995, c. 324, s. 19.9(f); 1997-456, s. 23; 2004-199, s. 48; 2004-203, s. 54; 2009-451, s. 19.22A; 2011-145, s. 19.1(h), (i); 2011-192, s. 7(a), (d), (e), (g); 2014-100, s. 16C.1(f); 2015-40, s. 6; 2016-94, s. 17C.1(d); 2017-186, s. 2(vvvvvvv); 2020-83, ss. 8(m), 9(b).) Editor's Note. - Session Laws 1987, c. 7, s. 6 as amended by Session Laws 1989, c. 1, s. 2, had provided that the amendment to subsection (b) of this section by s. 2 of the act would expire July 1, 1991, unless reenacted by the General Assembly. However, the expiration provision was deleted by Session Laws 1991, c. 217, s. 6. Session Laws 2011-192, s. 7(f), provides: "The North Carolina Sheriffs' Association, Inc., in consultation with the Department of Correction [Division of Adult Correction and Juvenile Justice of the Department of Public Safety], shall develop the Statewide Misdemeanant Confinement Program established in G.S. 148-32.1, as enacted in subsection (e) of this section, by September 1, 2011. "Notwithstanding any other provision of law, no later than November 1, 2011, the Secretary of Correction [Secretary of Public Safety] shall contract with the North Carolina Sheriffs' Association, Inc., to implement the Program. The contract terms shall include all of the following: "(1) A provision that the Program shall be operated on a statewide basis no later than January 1, 2012, but may be phased in beginning at an earlier date. "(2) A provision addressing the method of payment to the North Carolina Sheriffs' Association, Inc., for the costs of administering the Program. "(3) A provision authorizing reimbursement by the North Carolina Sheriffs' Association, Inc., to counties or to the Department of Correction, as appropriate, for all expenses incurred on behalf of those misdemeanants." Session Laws 2011-192, s. 7(i), provides: "The North Carolina Sheriffs' Association, Inc., shall report to the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee by October 1, 2011, on the implementation of this Part, and shall report thereafter as requested by the Committee. The report shall include relevant information collected monthly by the North Carolina Sheriffs' Association, Inc., regarding the jail capacity and population in each county." Session Laws 2011-192, s. 7(j), provides: "The General Assembly finds that while the Program developed pursuant to G.S. 148-32.1(b2), as enacted by subsection (e) of this section, shall be available statewide on January 1, 2012, it may be available to some counties at an earlier date. Therefore, notwithstanding any other provision of law, a misdemeanant, who has a sentence imposed of more than 90 days and up to 180 days prior to January 1, 2012, excluding those serving sentences for an impaired driving offense under G.S. 20-138.1, may be transferred or reassigned to a local confinement facility designated by the North Carolina Sheriffs' Association, Inc., as provided by the Program developed pursuant to G.S. 148-32.1(b2)." Session Laws 2011-192, s. 7( l ), provides: "If there is not adequate capacity in the Statewide Misdemeanant Confinement program, such that the Department of Correction [Division of Adult Correction and Juvenile Justice of the Department of Public Safety] must continue to house prisoners serving more than 90 days and up to 180 days pursuant to G.S. 148-32.1(b4), then the Department of Correction is authorized to use funds received from the Statewide Misdemeanant Confinement Fund to operate facilities previously identified for closure and for diagnostic staff positions." Session Laws 2011-192, s. 9, provides: "This act shall be known as 'The Justice Reinvestment Act of 2011.'" Session Laws 2014-100, s. 16C.1(g), made the amendments to subsections (b1) and (b2) by Session Laws 2014-100, s. 16C.1(f), applicable to (i) persons placed on probation or sentenced to imprisonment for impaired driving under G.S. 20-138.1 on or after January 1, 2015, and (ii) persons placed on probation or sentenced to imprisonment for all other misdemeanors other than impaired driving under G.S. 20-138.1 on or after October 1, 2014. Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2015-241, s. 16C.6(a), (b), provides: "(a) The North Carolina Sheriffs' Association shall report monthly by the 15th day of each month to the Office of State Budget and Management and the Fiscal Research Division on the Statewide Misdemeanant Confinement Program. Each monthly report shall include the following: "(1) The daily population, delineated by misdemeanant or DWI monthly housing. "(2) The cost of housing prisoners under the Program. "(3) The cost of transporting prisoners under the Program. "(4) Personnel costs. "(5) Inmate medical care costs. "(6) The number of counties that volunteer to house inmates under the Program. "(7) The administrative costs paid to the Sheriffs' Association and to the Department of Public Safety. "(b) The North Carolina Sheriffs' Association shall report by October 1, 2015, to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety and the Joint Legislative Oversight Committee on Justice and Public Safety on the Statewide Misdemeanant Confinement Program. The annual report shall include the following with respect to the prior fiscal year: "(1) Revenue collected by the Statewide Misdemeanant Confinement Program. "(2) The cost of housing prisoners by county under the Program. "(3) The cost of transporting prisoners by county under the Program. "(4) Personnel costs by county. "(5) Inmate medical care costs by county. "(6) The number of counties that volunteer to house inmates under the Program. "(7) The administrative costs paid to the Sheriffs' Association and to the Department of Public Safety." Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2016-94, s. 17C.1(a), provides: "Recurring funds appropriated for the Statewide Misdemeanant Confinement Fund shall be used for the Statewide Misdemeanant Confinement Program. These funds shall not be transferred to a special fund. This subsection shall apply beginning with the 2016-2017 fiscal year and shall remain in effect beyond the 2015-2017 fiscal biennium." Session Laws 2016-94, s. 17C.1(b) amends G.S. 148-10.4 to repeal a fund that was specifically earmarked for the Statewide Misdemeanant Confinement Fund. Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'" Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year." Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2017-57, s. 16C.5(a), (b), provides: "(a) The North Carolina Sheriffs' Association shall report no later than the 15th day of each month to the Office of State Budget and Management and the Fiscal Research Division on the Statewide Misdemeanant Confinement Program. Each monthly report shall include all of the following: "(1) The daily population, delineated by misdemeanant or DWI monthly housing. "(2) The cost of housing prisoners under the Program. "(3) The cost of transporting prisoners under the Program. "(4) Personnel costs. "(5) Inmate medical care costs. "(6) The number of counties that volunteer to house inmates under the Program. "(7) The administrative costs paid to the Sheriffs' Association and to the Department of Public Safety. "(b) The North Carolina Sheriffs' Association shall report no later than October 1 of each year to the chairs of the House of Representatives Appropriations Committee on Justice and Public Safety and the Senate Appropriations Committee on Justice and Public Safety and the Joint Legislative Oversight Committee on Justice and Public Safety on the Statewide Misdemeanant Confinement Program. The report shall include the following with respect to the prior fiscal year: "(1) Revenue collected by the Statewide Misdemeanant Confinement Program. "(2) The cost of housing prisoners by county under the Program. "(3) The cost of transporting prisoners by county under the Program. "(4) Personnel costs by county. "(5) Inmate medical care costs by county. "(6) The number of counties that volunteer to house inmates under the Program. "(7) The administrative costs paid to the Sheriffs' Association and to the Department of Public Safety." Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2020-83, s. 8(p), made the amendment of subsection (e) of this section by Session Laws 2020-83, s. 8(m), effective August 1, 2020, and applicable to offenses committed, sentences imposed, and any other orders of imprisonment issued on or after that date. Session Laws 2020-83, s. 9(c), made the amendment of subsection (b3) of this section by Session Laws 2020-83, s. 9(b), effective July 1, 2020, and applicable to all prisoners transferred on or after that date. Effect of Amendments. - Session Laws 2004-203, s. 54, effective August 17, 2004, inserted "criminal" preceding "sentences" in the first sentence and added the last sentence in subsection (a). Session Laws 2009-451, s. 19.22A, effective July 1, 2009, deleted subsection (a). Session Laws 2011-192, s. 7(a) and (e), effective July 1, 2011, added subsections (b1) and (b2). Session Laws 2014-100, s. 16C.1(f), effective October 1, 2014, in subsection (b1), substituted "and for all sentences imposed for impaired driving under G.S. 20-138.1, regardless of length" for "and up to 180 days, except for those serving a sentence for an impaired driving offense" at the end of the first sentence and substituted "and for all sentences imposed for impaired driving under G.S. 20-138.1, regardless of length" for "and up to 180 days, except for those serving sentences for an impaired driving offense" at the end of the second sentence; and substituted "and for all sentences imposed for impaired driving under G.S. 20-138.1, regardless of length" for "and up to 180 days, except for those serving sentences for an impaired driving offense under G.S. 20-138.1" at the end of the second sentence of subsection (b2). See Editor's note for applicability. Session Laws 2015-40, s. 6, effective July 1, 2015, repealed former (c), which read: "When a prisoner sentenced for a conviction of impaired driving under G.S. 20-138.1 is assigned to a local confinement facility pursuant to this section, the clerk of the superior court in the county in which the sentence was imposed shall immediately forward a copy of the commitment order to the Post-Release Supervision and Parole Commission so that the prisoner will be eligible for parole pursuant to G.S. 15A-1371." Session Laws 2016-94, s. 17C.1(d), effective July 1, 2016, substituted "appropriated for the Statewide Misdemeanant Confinement Program" for "in the Statewide Misdemeanant Confinement Fund established in G.S. 148-10.4" in subsection (b1); and deleted the last paragraph in subsection (b2), which read: "This Program shall only operate as long as sufficient State funds are available through the Statewide Misdemeanant Confinement Fund established in G.S. 148-10.4(c)." Session Laws 2017-186, s. 2(vvvvvvv), effective December 1, 2017, inserted "and Juvenile Justice" throughout the section. Session Laws 2020-83, s. 8(m), in the first sentence of subsection (e), inserted "or to a detention facility approved by the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice" and "or detention facility." For effective date and applicability, see editor's note. Session Laws 2020-83, s. 9(b), in subsection (b3), added "one of the following conditions is met" at the end of the introductory paragraph; made minor stylistic changes in subdivision (b3)(1); and inserted the second through next-to-last sentences of the concluding paragraph. For effective date and applicability, see editor's note.