State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_148 > GS_148-32_1

§ 148‑32.1.  Localconfinement, costs, alternate facilities, parole, work release.

(a)        Repealed by SessionLaws 2009‑451, s. 19.22A, effective July 1, 2009.

(b)        In the event thatthe custodian of the local confinement facility certifies in writing to the clerkof the superior court in the county in which said local confinement facility islocated that the local confinement facility is filled to capacity, or that thefacility cannot reasonably accommodate any more prisoners due to segregationrequirements for particular prisoners, or that the custodian anticipates, inlight of local experiences, an influx of temporary prisoners at that time, orif the local confinement facility does not meet the minimum standards publishedpursuant to G.S. 153A‑221, any judge of the district court in thedistrict court district as defined in G.S. 7A‑133 where the facility islocated, or any superior court judge who has jurisdiction pursuant to G.S. 7A‑47.1or G.S. 7A‑48 in a district or set of districts as defined in G.S. 7A‑41.1where the facility is located may order that the prisoner be transferred to anyother qualified local confinement facility within that district or withinanother such district where space is available, including a satellite jail unitoperated pursuant to G.S. 153A‑230.3 if the prisoner is a non‑violentmisdemeanant, which local facility shall accept the transferred prisoner, ifthe prison population has exceeded a manageable level as provided for in G.S.148‑4.1(a). If no such local confinement facility is available, then anysuch judge may order the prisoner transferred to such camp or facility as theproper authorities of the Department of Correction shall designate,notwithstanding that the term of imprisonment of the prisoner is 90 days orless. In no event, however, shall a prisoner whose term of imprisonment is lessthan 30 days be assigned or ordered transferred to any such camp or facility.

(c)        When a prisonersentenced for a conviction of impaired driving under G.S. 20‑138.1 isassigned to a local confinement facility pursuant to this section, the clerk ofthe superior court in the county in which the sentence was imposed shallimmediately forward a copy of the commitment order to the Post‑ReleaseSupervision and Parole Commission so that the prisoner will be eligible forparole pursuant to G.S. 15A‑1371.

(d)        When a prisonerserving a sentence of 30 days or more in a local confinement facility is placedon work release pursuant to a recommendation of the sentencing court, thecustodian of the facility shall forward the prisoner's work‑releaseearnings to the Department of Correction, which shall disburse the earnings asdetermined under G.S. 148‑33.1(f). When a prisoner serving a sentence of30 days or more in a local confinement facility is placed on work releasepursuant to an order of the sentencing court, the custodian of the facilityshall forward the prisoner's work‑release earnings to the clerk of thecourt that sentenced the prisoner or to the Department of Correction, asprovided in the prisoner's commitment order. The clerk or the Department, asappropriate, shall disburse the earnings as provided in the prisoner'scommitment order. Upon agreement between the Department of Correction and thecustodian of the local confinement facility, however, the clerk may disburse tothe local confinement facility the amount of the earnings to be paid for thecost of the prisoner's keep, and that amount shall be set off against thereimbursement to be paid by the Department to the local confinement facilitypursuant to G.S. 148‑32.1(a).

(e)        Upon entry of aprisoner serving a sentence of imprisonment for impaired driving under G.S. 20‑138.1into a local confinement facility pursuant to this section, the custodian ofthe local confinement facility shall forward to the Post‑ReleaseSupervision and Parole Commission information pertaining to the prisoner so asto make him eligible for parole consideration pursuant to G.S. 15A‑1371.Such information shall include date of incarceration, jail credit, and suchother information as may be required by the Post‑Release Supervision andParole Commission. The Post‑Release Supervision and Parole Commissionshall approve a form upon which the custodian shall furnish this information,which form will be provided to the custodian by the Department of Correction.  (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.)