GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

H	1 

HOUSE BILL 15*

Short Title:  Substance Abuse Funds.	(Public)
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Sponsors: Representatives G. Miller; Alexander, Alphin, Arnold, Baddour, Black, Bowie, Bowman, Burton, Church, Cole, Colton, Crawford, Cromer, Culp, Cummings, Diamont, Dickson, Easterling, Gardner, Gottovi, Hackney, Hall, Hill, Hunt, R. Hunter, Ives, Jarrell, Jeffus, Joye, Kuczmarski, Lemmond, Mavretic, McCrary, McLawhorn, Mercer, Moore, Mosley, C. Preston, Ramsey, Redwine, Robinson, Smith, Spears, Stewart, Sutton, G. Thompson, Warner, Wilkins, Wilmoth, Wood, Wright, and Yongue.
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Referred to:  Judiciary I.
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February 8, 1994

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE THE SECRETARY OF CORRECTION TO CONTRACT WITH PRIVATE FOR-PROFIT OR NONPROFIT FIRMS TO PROVIDE AND OPERATE TREATMENT CENTERS FOR THE CARE OF INMATES DIAGNOSED AS NEEDING TREATMENT FOR ALCOHOL OR DRUG ABUSE, AND TO APPROPRIATE FUNDS TO CONTRACT FOR THOSE TREATMENT CENTERS.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 148 of the General Statutes is amended by adding a new Article to read:
"ARTICLE 13.
"Private Prison Contracts.
"§ 148-122.  Authority to contract.
Notwithstanding any other provision of law, the Secretary of Correction may contract with private, for-profit or nonprofit corporations or firms to provide and operate treatment centers that house, care for, and maintain prisoners committed to the custody of the Department of Correction who are diagnosed as needing treatment for alcohol or drug abuse.
"§ 148-123.  Prison rules applicable.
	Prisoners housed in privately operated facilities pursuant to this Article shall remain subject to the rules adopted for the conduct of persons committed to the State prison system.  The rules regarding good time and gain time, discipline, classification, extension of the limits of confinement, transfers, housing arrangements, and eligibility for parole shall apply to inmates housed in those private prison facilities.  Private contractors may promulgate any other rules as may be necessary for the operation of the facilities with the written approval of the Secretary of Correction.
"§ 148-124. Enforcement of rules at private treatment centers.
Custodial officials employed by a private firm pursuant to this Article are agents of the Secretary of Correction and may use authorized force procedures to defend themselves, to enforce the observance of discipline in compliance with prison rules, to secure the person of an offender, and to prevent escape.
"§ 148-125.  Inmate work requirement.
Inmates housed in private facilities pursuant to this Article may be required to perform reasonable work assignments within those facilities.  The facility may award gain time to those prisoners that are eligible for gain time within the applicable statutes and rules."
Sec. 2.  G.S. 148-4 reads as rewritten:
"§ 148-4.  Control and custody of prisoners; authorizing prisoner to leave place of confinement.
(a)	The Secretary of Correction shall have control and custody of all prisoners serving sentence in the State prison system and in privately operated facilities, and such prisoners shall be subject to all the rules and regulations legally adopted for the government thereof. Any sentence to imprisonment in any unit of the State prison system, or to jail to be assigned to work under the State Department of Correction, shall be construed as a commitment, for such terms of imprisonment as the court may direct, to the custody of the Secretary of Correction or his authorized representative, who shall designate the places of confinement where the sentences of all such persons shall be served. The authorized agents of the Secretary shall have all the authority of peace officers for the purpose of transferring prisoners from place to place in the State as their duties might require and for apprehending, arresting, and returning to prison escaped prisoners, and may be commissioned by the Governor, either generally or specially, as special officers for returning escaped prisoners or other fugitives from justice from outside the State, when such persons have been extradited or voluntarily surrendered. Employees of departments, institutions, agencies, and political subdivisions of the State hiring prisoners to perform work outside prison confines may be designated as the authorized agents of the Secretary of Correction for the purpose of maintaining control and custody of prisoners who may be placed under the supervision and control of such employees, including guarding and transferring such prisoners from place to place in the State as their duties might require, and apprehending and arresting escaped prisoners and returning them to prison. The governing authorities of the State prison system are authorized to determine by  rules and regulations the manner of designating these agents and placing prisoners under their supervision and control, which rules and regulations shall be established in the same manner as other rules and regulations for the government of the State prison system.
The Secretary of Correction may extend the limits of the place of confinement of a prisoner, as to whom there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to
(1)	Contact prospective employers; or
(2)	Secure a suitable residence for use when released on parole or upon discharge; or
(3) 	Obtain medical services not otherwise available; or
(4) 	Participate in a training program in the community; or
(5)	Visit or attend the funeral of a spouse, child (including stepchild, adopted child or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person though not a natural parent, has acted in the place of a parent), brother, or sister; or
(6) 	Participate in community-based programs of rehabilitation, including, but not limited to the existing community volunteer and home-leave programs, pre-release and after-care programs as may be provided for and administered by the Secretary of Correction and other programs determined by the Secretary of Correction to be consistent with the prisoner's rehabilitation and return to society; or
(7) 	Be on maternity leave, for a period of time not to exceed 60 days. The county departments of social services are expected to cooperate with officials at the North Carolina Correctional Center for Women to coordinate prenatal care, financial services, and placement of the child.
The willful failure of a prisoner to remain within the extended limits of his confinement, or to return within the time prescribed to the place of confinement designated by the Secretary of Correction, shall be deemed an escape from the custody of the Secretary of Correction punishable as provided in G.S. 148-45.
(b)	Notwithstanding any other provision of law, the Secretary of Correction may contract with private corporations and entities for the housing, care, and maintenance of prisoners committed to the custody of the Department of Correction who are diagnosed as needing treatment for alcohol or drug abuse."
Sec. 3.  G.S 145-45 is amended by adding a new subsection to read:
"( h)	For purposes of this section, persons housed in privately operated facilities pursuant to Article 13 of this Chapter shall be considered persons in the custody of the Department of Correction."
Sec. 4.  G.S. 145-258.1 reads as rewritten:
"§ 14-258.1.  Furnishing poison, controlled substances, deadly weapons, cartridges, ammunition or alcoholic beverages to inmates of charitable, mental or penal institutions or local confinement facilities.
(a)	If any person shall give or sell to any inmate of any charitable, mental or penal institution, or local confinement facility, or if any person shall combine, confederate, conspire, aid, abet, solicit, urge, investigate, counsel, advise, encourage, attempt to procure, or procure another or others to give or sell to any inmate of any charitable, mental or penal institution, or local confinement facility, any deadly weapon, or any cartridge or ammunition for firearms of any kind, or any controlled substances included in Schedules I through VI contained in Article 5 of Chapter 90 of the General Statutes except under the general supervision of a practitioner, poison or poisonous substance, except upon the prescription of a physician, he shall be punished as a Class H felon; and if he be an officer or employee of any institution of the State, or of any local confinement facility, he shall be dismissed from his position or office.
(b)	Any person who shall knowingly give or sell any alcoholic beverages to any inmate of any mental or penal institution, or to any inmate of any local confinement facility, except for medical purposes as prescribed by a duly licensed physician and except for an ordained minister or rabbi who gives sacramental wine to an inmate as part of a religious service; or any person who shall combine, confederate, conspire, procure, or procure another or others to give or sell any alcoholic beverages to any inmate of any such institution or local confinement facility, except for medical purposes as prescribed by a duly licensed physician and except for an ordained minister or rabbi who gives sacramental wine to an inmate as part of a religious service; or any person who shall bring into the buildings, grounds or other facilities of such institution any alcoholic beverages, except for medical purposes as prescribed by a duly licensed physician or sacramental wine brought by an ordained minister or rabbi for use as part of a religious service, shall be guilty of a misdemeanor, and on conviction thereof shall be fined or imprisoned, in the discretion of the court.  If such person is an officer or employee of any institution of the State, such person shall be dismissed from office.
	(c) The term 'penal institution' as used in this section includes private facilities operated in accordance with Article 13 of Chapter 148 of the General Statutes."
Sec. 5.  G.S. 14-258.3 reads as rewritten:
"§ 14-258.3.  Taking of hostage, etc., by prisoner.
(a)	Any prisoner in the custody of the Department of Correction, including persons in the custody of the Department of Correction pending trial or appellate review or for presentence diagnostic evaluation, or any prisoner in the custody of any local confinement facility (as defined in G.S. 153A-217), or any person in the custody of any local confinement facility (as defined in G.S. 153A-217) pending trial or appellate review or for any lawful purpose, who by threats, coercion, intimidation or physical force takes, holds, or carries away any person, as hostage or otherwise, shall be punished as a Class I felon.  The provisions of this section apply to: (i) violations committed by any prisoner in the custody of the Department of Correction, whether inside or outside of the facilities of the North Carolina Department of Correction; (ii) violations committed by any prisoner or by any other person lawfully under the custody of any local confinement facility (as defined in G.S. 153A-217), whether inside or outside the local confinement facilities (as defined in G.S. 153A-217).
(b)	For purposes of this section, prisoners housed in privately operated facilities pursuant to Article 13 of Chapter 148 of the General Statutes shall be considered persons in the custody of the Department of Correction."
Sec. 6.  There is appropriated from the General Fund to the Department of Correction the sum of five million one hundred seventy-three thousand dollars ($5,173,000) for the 1994-95 fiscal year to contract for 500 beds in private alcohol and drug treatment centers in accordance with this act.
Sec. 7. This act is effective upon ratification.