State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-262

§ 143B‑262.  Departmentof Correction – functions.

(a)        The functions ofthe Department of Correction shall comprise except as otherwise expresslyprovided by the Executive Organization Act of 1973 or by the Constitution ofNorth Carolina all functions of the executive branch of the State in relationto corrections and the rehabilitation of adult offenders, including detention,parole, and aftercare supervision, and further including those prescribedpowers, duties, and functions enumerated in Article 14 of Chapter 143A of theGeneral Statutes and other laws of this State.

(b)        All such functions,powers, duties, and obligations heretofore vested in the Department of SocialRehabilitation and Control and any agency enumerated in Article 14 of Chapter143A of the General Statutes and laws of this State are hereby transferred toand vested in the Department of Correction except as otherwise provided by theExecutive Organization Act of 1973. They shall include, by way of extension andnot of limitation, the functions of:

(1)        The State Departmentof Correction and Commission of Correction,

(2)        Repealed by SessionLaws 1999‑423, s. 8, effective July 1, 1999.

(3)        The State ProbationCommission,

(4)        The State Board ofParoles,

(5)        The InterstateAgreement on Detainers, and

(6)        The Uniform Act forOut‑of‑State Parolee Supervision.

(c)        The Division ofCommunity Corrections of the Department shall establish rules for intensivesupervision consistent with the requirements specified in G.S. 15A‑1340.11(5).

(d)        The Departmentshall establish a Substance Abuse Program. This Program shall include anintensive term of inpatient treatment, normally four to six weeks, for alcoholor drug addiction in independent, residential facilities for approximately 100offenders per facility.

(e)        The Department, inconsultation with the Domestic Violence Commission, and in accordance withestablished best practices, shall establish a domestic violence treatmentprogram for offenders sentenced to a term of imprisonment in the custody of theDepartment and whose official record includes a finding by the court that theoffender committed acts of domestic violence.

The Department shall ensurethat inmates, whose record includes a finding by the court that the offendercommitted acts of domestic violence, complete a domestic violence treatmentprogram prior to the completion of the period of incarceration, unless otherrequirements, deemed critical by the Department, prevent program completion. Inthe event an inmate does not complete the program during the period ofincarceration, the Department shall document, in the inmate's official record,specific reasons why that particular inmate did not or was not able to completethe program.  (1973,c. 1262, s. 4; 1983, c. 682, s. 1; 1987, c. 479; c. 738, s. 111(a); 1989 (Reg.Sess., 1990), c. 994; 1997‑57, s. 1; 1999‑423, s. 8; 2001‑487,s. 47(f); 2004‑186, s. 1.2; 2009‑372, s. 6.)