State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-821

Article44.

Securing Attendance ofPrisoners as Witnesses.

§ 15A‑821.  Securingattendance of prisoner in this State as witness in proceeding outside theState.

(a)        If a judge of acourt of general jurisdiction in any other state, which by its laws has madeprovision for commanding a prisoner within that state to attend and testify inthis State, certifies under the seal of that court that there is a criminalprosecution pending in the court or that a grand jury investigation hascommenced, and that a person confined in an institution under the control ofthe State Department of Correction of North Carolina, other than a personconfined as criminally insane, is a material witness in the prosecution orinvestigation and that his presence is required for a specified number of days,upon presentment of the certificate to a superior court judge in the superiorcourt district or set of districts as defined in G.S. 7A‑41.1 where theperson is confined, upon notice to the Attorney General, the judge must fix atime and place for a hearing and order the person having custody of theprisoner to produce him at the hearing.

(b)        If at the hearingthe judge determines that the prisoner is a material and necessary witness inthe requesting state, the judge must order that the prisoner attend in thecourt where the prosecution or investigation is pending, upon such terms andconditions as the judge prescribes, including among other things, provision forthe return of the prisoner at the conclusion of his testimony, proper safeguardfor his custody, and proper financial reimbursement or other payment, includingpayment in advance, by the demanding jurisdiction for all expenses incurred inthe production and return of the prisoner.

(c)        The AttorneyGeneral may, as agent for the State of North Carolina, enter into suchagreements with the demanding jurisdiction as necessary to ensure propercompliance with the order of the court. (1973, c. 1286, s. 1; 1987(Reg. Sess., 1988), c. 1037, s. 62.)