State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_148 > GS_148-29

§148‑29.  Transportation of convicts to prison; reimbursement to counties;sheriff's expense affidavit.

(a)        The sheriff havingin charge any prisoner to be taken to the State prison system shall send theprisoner to the custody of the Department of Correction after sentencing andthe disposal of all pending charges against the prisoner, if no appeal has beentaken. Beginning on the day after the Division of Prisons has been notified bythe sheriff that a prisoner is ready for transfer and the Division has informedthe sheriff that bedspace is not available for that prisoner, and continuingthrough the day the prisoner is received by the Division of Prisons, theDepartment of Correction shall pay the county:

(1)        A standard sum setby the General Assembly in its appropriations acts for the cost of providingfood, clothing, personal items, supervision, and necessary ordinary medicalservices to the prisoner awaiting transfer to the State prison system; and

(2)        Extraordinarymedical costs, as defined in G.S. 148‑32.1(a), incurred by prisonersawaiting transfer to the State prison system.

If the Division of Prisonsdetermines that bedspace is not available for a prisoner after the sheriff hasnotified the Division that the prisoner is ready for transfer, reimbursementunder this subsection shall be made beginning on the day after the sheriff gavethe notification.

(b)        The sheriff havingin charge any parolee or post‑release supervisee to be taken to the Stateprison system shall send the prisoner to the custody of the Department ofCorrection after preliminary hearing held under G.S. 15A‑1368.6(b) orG.S. 15A‑1376(b). Beginning on the day after the Division of Prisons hasbeen notified by the sheriff that a prisoner is ready for transfer and theDivision has informed the sheriff that bedspace is not available for thatprisoner, and continuing through the day the prisoner is received by theDivision of Prisons, the Department of Correction shall pay the county:

(1)        A standard sum setby the General Assembly in its appropriations acts for the cost of providingfood, clothing, personal items, supervision, and necessary ordinary medicalservices to the parolee or post‑release supervisee awaiting transfer tothe State prison system; and

(2)        Extraordinarymedical costs, as defined in G.S. 148‑32.1(a), incurred by parolees orpost‑release supervisees awaiting transfer to the State prison system.

If the Division of Prisonsdetermines that bedspace is not available for a prisoner after the sheriff hasnotified the Division that the prisoner is ready for transfer, reimbursementunder this subsection shall be made beginning on the day after the sheriff gavethe notification.

(c)        The sheriff shallfile with the board of commissioners of his county a copy of his affidavit asto necessary guard, together with a copy of his itemized account of expenses,both certified to by him as true copies of those on file in his office. (1869‑70,c. 180, s. 3; 1870‑1, c. 124, s. 3; 1874‑5, c. 107, s. 3; Code, ss.3432, 3437, 3438; Rev., ss. 5398, 5399, 5400; C. S., ss. 7718, 7719, 7720;1925, c. 163; 1933, c. 172, s. 18; 1957, c. 349, s. 10; 1967, c. 996, s. 13;1977, c. 711, s. 28; 1977, 2nd Sess., c. 1147, s. 32; 1993, c. 257, s. 18;1996, 2nd Ex. Sess., c. 18, s. 20.2(a); 1997‑443, s. 19(a); 1999‑237,s. 18.10(b).)