State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-521

Article25.

Commitment.

§ 15A‑521.  Commitmentto detention facility pending trial.

(a)        Commitment. – Everyperson charged with a crime and held in custody who has not been releasedpursuant to Article 26 of this Chapter, Bail, must be committed by a writtenorder of the judicial official who conducted the initial appearance as providedin Article 24 to an appropriate detention facility as provided in this section.

(b)        Order ofCommitment; Modification. – The order of commitment must:

(1)        State the name ofthe person charged or identify him if his name cannot be ascertained.

(2)        Specify the offensecharged.

(3)        Designate the placeof confinement.

(4)        If release isauthorized pursuant to Article 26 of this Chapter, Bail, state the conditionsof release. If a separate order stating the conditions has been entered, thecommitment may make reference to that order, a copy of which must be attachedto the commitment.

(5)        Subject to theprovisions of subdivision (4), direct, as appropriate, that the defendant be:

a.         Produced before adistrict court judge pursuant to Article 29 of this Chapter, First Appearancebefore District Court Judge,

b.         Produced before adistrict court judge for a probable cause hearing as provided in Article 30 ofthis Chapter,  Probable‑Cause Hearing,

c.         Produced for trialin the district or superior court, or

d.         Held for otherspecified purposes.

(6)        State the name andoffice of the judicial official making the order and be signed by him.

The order of commitment may bemodified or continued by the same or another judicial official by supplementalorder.

(c)        Copies and Use ofOrder, Receipt of Prisoner. –

(1)        The order ofcommitment must be delivered to a law‑enforcement officer, who mustdeliver the order and the prisoner to the detention facility named therein.

(2)        The jailer mustreceive the prisoner and the order of commitment, and note on the order ofcommitment the time and  date of receipt. As used in this subdivision,"jailer" includes any person having control of a detention facility.

(3)        Upon releasing theprisoner pursuant to the terms of the order, or upon delivering the prisoner tothe court, the jailer must note the time and date on the order and return it tothe clerk.

(4)        Repealed by SessionLaws 1975, 2nd Sess., c. 983, s. 142.

(d)        Commitment ofWitnesses. – If a court directs detention of a material witness pursuant toG.S. 15A‑803, the court must enter an order in the manner provided inthis section, except that the order must:

(1)        State the reason forthe detention in lieu of the description of the offense charged, and

(2)        Direct that thewitness be brought before the appropriate court when his testimony is required.(1868‑9, c. 178, subch. 3, ss. 24, 32; Code, ss. 1155, 1163;Rev., ss. 3230, 3232; C.S., ss. 4597, 4599; 1973, c. 1286, s. 1; 1975, 2ndSess., c. 983, s. 142.)