N.C. Gen. Stat. § 148-10.4
Statewide Misdemeanant Confinement Fund
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
(1) Definitions. - The following definitions apply in this section: Division. - Division of Adult Correction and Juvenile Justice of the Department of Public Safety.
(1) Definitions. — The following definitions apply in this section: Division. — Division of Adult Correction and Juvenile Justice of the Department of Public Safety.
(2) Fund. - The Statewide Misdemeanant Confinement Fund established by this section.
(2) Fund. — The Statewide Misdemeanant Confinement Fund established by this section.
(3) Program. - Statewide Misdemeanant Confinement Program established under G.S. 148-32.1(b3) [G.S. 148-32.1(b2)].
(3) Program. — Statewide Misdemeanant Confinement Program established under G.S. 148-32.1(b3) [G.S. 148-32.1(b2)].
(4) Sheriffs' Association. - North Carolina Sheriffs' Association, Inc.
(4) Sheriffs’ Association. — North Carolina Sheriffs’ Association, Inc.
(5) Intent and Purpose. - It is the intent of the General Assembly that the funds in the Fund established by this section be used to reimburse local governments for expenses incurred for housing misdemeanants under the Program, and other related expenses; and to cover administrative costs incurred by the Sheriffs' Association for services provided by it regarding the housing of these misdemeanants.
(5) Intent and Purpose. — It is the intent of the General Assembly that the funds in the Fund established by this section be used to reimburse local governments for expenses incurred for housing misdemeanants under the Program, and other related expenses; and to cover administrative costs incurred by the Sheriffs’ Association for services provided by it regarding the housing of these misdemeanants.
(6) Statewide Misdemeanant Confinement Fund established. - There is created within the Division of Adult Correction and Juvenile Justice a special nonreverting fund called the Statewide Misdemeanant Confinement Fund.
(6) Statewide Misdemeanant Confinement Fund established. — There is created within the Division of Adult Correction and Juvenile Justice a special nonreverting fund called the Statewide Misdemeanant Confinement Fund.
(7) Fund Uses. - Moneys in the Fund may be used for the following: Reimbursements by the Sheriffs' Association to counties for the costs of housing misdemeanants under the Program, including the care, supervision, and transportation of those misdemeanants.
(7) Fund Uses. — Moneys in the Fund may be used for the following: Reimbursements by the Sheriffs’ Association to counties for the costs of housing misdemeanants under the Program, including the care, supervision, and transportation of those misdemeanants.
(8) Reimbursements to the Division of Adult Correction and Juvenile Justice for the cost of housing misdemeanants transferred to the Division pursuant to G.S. 148-32.1(b3), including the care, supervision, and transportation of those misdemeanants.
(8) Reimbursements to the Division of Adult Correction and Juvenile Justice for the cost of housing misdemeanants transferred to the Division pursuant to G.S. 148-32.1(b3), including the care, supervision, and transportation of those misdemeanants.
(9) To pay the Sheriffs' Association for administrative and operating expenses pursuant to subsection (e) of this section.
(9) To pay the Sheriffs’ Association for administrative and operating expenses pursuant to subsection (e) of this section.
(10) To pay the Division of Adult Correction and Juvenile Justice for administrative and operating expenses pursuant to subsection (e) of this section.
(10) To pay the Division of Adult Correction and Juvenile Justice for administrative and operating expenses pursuant to subsection (e) of this section.
(11) Repealed by Session Laws 2016-94, s. 17C.1(b), effective July 1, 2016.
(11) Repealed by Session Laws 2016-94, s. 17C.1(b), effective July 1, 2016.
(12) Upon notification from the Division of Adult Correction and Juvenile Justice that an amount owed by a county for safekeeper reimbursements authorized under G.S. 162-39 is more than 120 days overdue, the Sheriffs' Association shall withhold funds from any reimbursements due to a county under this section and transmit those funds to the Division until that overdue safekeeper reimbursement is satisfied.
(12) Upon notification from the Division of Adult Correction and Juvenile Justice that an amount owed by a county for safekeeper reimbursements authorized under G.S. 162-39 is more than 120 days overdue, the Sheriffs’ Association shall withhold funds from any reimbursements due to a county under this section and transmit those funds to the Division until that overdue safekeeper reimbursement is satisfied.
History
(2011-145, s. 19.1(h), (i); 2011-192, s. 7(h); 2013-360, s. 16C.6(a); 2015-241, ss. 16C.6(c), 16C.12; 2016-94, s. 17C.1(b); 2017-186, ss. 2(ccccccc), 3(a).)
Prison Reform Funding and Reporting. - Session Laws 2018-5, s. 16C.2(a), (b), provides: "(a) Notwithstanding G.S. 148-10.4, for fiscal year 2018-2019, the sum of fifteen million dollars ($15,000,000) nonrecurring shall be transferred from Budget Code 24550, Fund Code 2325, to Budget Code 14550, Fund Code 1399, for prison facility infrastructure improvements related to safety equipment.
"(b) The Department of Public Safety (Department) shall report quarterly beginning November 1, 2018, and continuing quarterly until November 1, 2019, to the Joint Legislative Oversight Committee on Justice and Public Safety on the implementation of the recommendations contained in the National Institute of Corrections Security Operational Assessment report of November 2017.
"The report by the Department shall include all of the following:
"(1) All modifications to Department rules, policies, and procedures related to disciplinary actions against correctional officers and other correctional staff.
"(2) All modifications to Department rules, policies, and procedures related to disciplinary actions against inmates.
"(3) Information regarding improvements in collaboration between the Department and Correction Enterprises.
"(4) The amount, content, quality, and frequency of staff training.
"(5) Modifications to inmate work assignments, including assessments of the appropriateness of particular work assignments based on inmate classification.
"(6) The results of security audits and inspections, listed both by facility and aggregated.
"(7) Facility infrastructure improvements made to emergency communication, location tracking capabilities, and installation of additional cameras.
"(8) Increased availability of staff personal safety equipment and institutional safety equipment.
"(9) Adequacy of staffing of prison facilities and actions taken to increase staffing levels.
"(10) Changes to the hiring and orientation processes and procedures for correctional officers."
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.