North Carolina § 15-6 - Imprisonment to be in county jail.

§ 15-6. Imprisonment to be in county jail.

No person over the age of 18 shall be imprisoned except in the common jail of the county, unless otherwise provided by law: Provided, that whenever the sheriff of any county shall be imprisoned, he may be imprisoned in the jail of any adjoining county. If the person being imprisoned is under the age of 18, that person shall be imprisoned in a detention facility approved by the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice to provide secure confinement and care for juveniles, or to a holdover facility as defined in G.S. 7B-1501(11) . History (1797, c. 474, s. 3, P.R.; R.C., c. 35, s. 6; 1879, c. 12; Code, s. 1174; Rev., s. 3151; C.S., s. 4517; 1973, c. 1141, s. 1; 2020-83, s. 8(b).) Editor's Note. - Session Laws 2020-83, s. 8(p), made the amendment of this section by Session Laws 2020-83, s. 8(b), effective August 1, 2020, and applicable to offenses committed, sentences imposed, and any other orders of imprisonment issued on or after that date. Effect of Amendments. - Session Laws 2020-83, s. 8(b), added "over the age of 18" in the first sentence and added the second sentence. For effective date and applicability, see editor's note. Opinions of Attorney General This section has two prongs. First, it makes clear the type of facility in which a convicted defendant shall not serve a term of imprisonment, unless permitted under other legislation, and second, it provides that a person may only be sentenced to imprisonment in the county where the crime was committed. See opinion of Attorney General to Mr. Bruce E. Colvin, Assistant County Attorney, Forsyth County, 55 N.C.A.G. 21 (1985). Place of Imprisonment Where Sentence Is Less Than or Greater Than 180 Days. - Absent specific statutory authorization (see, e.g., G.S. 15A-711, 148-32.1, 162-38 to 162-40), imprisonment of misdemeanants with sentences of 180 days or less must be in the local confinement facility of the county where the crime was committed. If the sentence is greater than 180 days, commitment may be either to such a local facility or to the N.C. Department of Correction. See opinion of Attorney General to Mr. Bruce E. Colvin, Assistant County Attorney, Forsyth County, 55 N.C.A.G. 21 (1985). Section Overridden by G.S. 15A-1352 as to Certain Criminals. - While G.S. 15-6 applies to both felons and misdemeanants, G.S. 15A-1352 overrides G.S. 15-6 to the extent it provides for certain felons and misdemeanants to be sentenced to terms of imprisonment under the jurisdiction of the N.C. Department of Correction. See opinion of Attorney General to Mr. Bruce E. Colvin, Assistant County Attorney, Forsyth County, 55 N.C.A.G. 21 (1985). Effect of G.S. 15A-1352 on Section. - G.S. 15A-1352 is an exception to G.S. 15-6 as to those misdemeanants with sentences of more than 180 days, because they may be sentenced to serve their term of imprisonment under the jurisdiction of the Department of Correction, but as to those not placed in the custody of the Department of Correction, the only effect of G.S. 15A-1352 is to broaden the term "common jail" to include other types of local facilities which may be used under appropriate circumstances. See opinion of Attorney General to Mr. Bruce Colvin, Assistant County Attorney, Forsyth County, 55 N.C.A.G. 21 (1985). County of Venue Irrelevant in Determining Place of Imprisonment. - Even though the venue of a criminal trial may properly be in a county other than the one in which the crime occurred, to the extent that G.S. 15-6 applies, it requires imprisonment to be in the county jail of the county where the crime occurred. See opinion of Attorney General to Mr. Bruce Colvin, Assistant County Attorney, Forsyth County, 55 N.C.A.G. 21 (1985).