GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 421
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Short Title: Prison Reform Omnibus. |
(Public) |
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Sponsors: |
Senator Applewhite (Primary Sponsor). |
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Referred to: |
Rules and Operations of the Senate |
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March 25, 2025
A BILL TO BE ENTITLED
AN ACT TO reform prison labor laws in north carolina to ensure fair compensation, meaningful rehabilitation, equitable work opportunities, and protections against labor exploitation.
Whereas, the current statutory framework governing prison labor in North Carolina prioritizes State cost‑savings over rehabilitation and workforce readiness; and
Whereas, national best practices, including New York, Maryland, and the Prison Industry Enhancement Certification Program (PIECP), provide models for fair, rehabilitative, and economically beneficial prison labor policies; and
Whereas, ninety‑four percent (94%) of incarcerated individuals will reenter society, and equipping them with vocational skills, fair wages, and work experience is essential for reducing recidivism and increasing public safety; and
Whereas, the North Carolina agricultural industry is facing labor shortages, and prison labor must not be exploited as a replacement for migrant or seasonal workers; and
Whereas, transparency, oversight, and independent auditing are critical to ensuring prison labor programs serve the interests of rehabilitation, workforce development, and ethical labor standards; and
Whereas, strengthening employment placement programs and offering tax incentives to businesses hiring formerly incarcerated individuals will enhance North Carolina's economy and reduce recidivism; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1. The following sections of Article 3 of Chapter 148 of the General Statutes are repealed:
(1) G.S. 148‑26.
(2) G.S. 148‑26.1.
(3) G.S. 148‑26.5.
(4) G.S. 148‑32.2.
(5) G.S. 148‑32.3.
(6) G.S. 148‑33.
SECTION 2. Article 3 of Chapter 148 of the General Statutes, as amended by Section 1 of this act, reads as rewritten:
"Article 3.
"Labor of Prisoners.Fair
and Rehabilitative Prison Labor Act.
"§ 148‑27.1. State policy on employment of incarcerated individuals.
(a) It is the policy of the State of North Carolina that all incarcerated individuals who are medically and physically fit, as determined by a licensed healthcare professional, may be provided with voluntary work opportunities that are rehabilitative, workforce‑oriented, and fairly compensated.
(b) Work programs under this Article shall do each of the following:
(1) Prioritize training and skill development in industries with viable employment opportunities upon release.
(2) Ensure that prison labor is not used to displace non‑incarcerated workers, including migrant and seasonal agricultural workers.
(3) Comply with labor standards set forth in the Prison Industry Enhancement Certification Program (PIECP), ensuring prevailing wage standards where applicable.
(4) Offer meaningful vocational education, apprenticeship, and certification programs.
(5) Establish gender‑equitable labor policies, ensuring access to diverse work opportunities for both male and female incarcerated individuals.
(6) Provide fair compensation, with wages at least equal to the State minimum wage for PIECP‑certified programs and no less than five dollars ($5.00) per hour for non‑PIECP programs.
(7) Ensure incarcerated individuals are provided post‑release employment assistance in collaboration with the North Carolina Department of Commerce, workforce development boards, and private employers.
"§ 148‑27.2. Definitions.
Unless otherwise specified or understood from the surrounding context, the following definitions apply in this Article:
(1) Division. – The Division of Prisons of the Department of Adult Correction.
(2) Incarcerated individual. – A person in the custody of the Department of Adult Correction or any other State or law enforcement agency, often referred to as an inmate or prisoner.
(3) PIECP. – The Prison Industry Enhancement Certification Program.
(4) Secretary. – The Secretary of the Department of Adult Correction.
"§ 148‑27.3. Prohibition on using prison labor to replace agricultural and private‑sector workers.
(a) No prison labor shall be used to replace, displace, or supplement migrant, seasonal, or documented agricultural workers who have been affected by State or federal immigration enforcement actions.
(b) Before approving any prison labor contracts in the agricultural sector, the North Carolina Department of Labor shall conduct a labor market assessment to confirm a legitimate labor shortage exists.
(c) Any incarcerated individual engaged in agricultural work shall be compensated at or above the prevailing wage for agricultural laborers in the State.
(d) Private farms are prohibited from contracting directly with any representative or entity of the Department of Adult Correction for prison labor.
(e) No later than March 1 and September 1 of each year, the Department of Adult Correction shall report to the Governor and General Assembly regarding the use of incarcerated individuals in agricultural labor, including, at a minimum, all of the following information:
(1) Total hours worked by incarcerated individuals during the current and previous calendar year.
(2) Total and individual wages paid to incarcerated individuals during the current and previous calendar year.
(3) Number of non‑incarcerated agricultural jobs affected by the use of prison labor pursuant to this Article during the current and previous calendar year.
"§ 148‑28. Sentencing prisoners incarcerated
individuals to Central Prison; youthful offenders.
When a sentenced offender is to be
taken to the Central Prison at Raleigh, a sheriff or other appropriate officer
of the county shall cause such prisoner the incarcerated individual to
be delivered with the proper commitment papers to the warden of the Central
Prison. A person under 16 years of age convicted of a felony shall not be
imprisoned in the Central Prison at Raleigh unless:unless both of the
following circumstances exist:
(1) The person was convicted
of a capital felony; orfelony.
(2) He The person has
previously been imprisoned in a county jail or under the authority of the
Division of Prisons of the Department of Adult Correction upon conviction of a
felony.
This provision shall not limit the
authority of the Secretary of the Department of Adult Correction from
transferring a person under 16 years of age to Central Prison when in the
Secretary's determination this person would not benefit from confinement in
separate facilities for youthful offenders or when it has been determined that his
the person's presence would be detrimental to the implementation of
programs designed for the benefit of other youthful offenders. Nor shall this
provision limit the authority of the judges of the superior courts of this
State or the Secretary of the Department of Adult Correction from committing or
transferring a person under 16 years of age to Central Prison for medical or
psychiatric treatment.
"§ 148‑29. Transportation of convicts incarcerated
individuals to prison; reimbursement to counties; sheriff's expense
affidavit.
(a) The sheriff having in
charge any prisoner incarcerated individual to be taken to the
State prison system shall send the prisoner incarcerated individual to
the custody of the Division of Prisons of the Department of Adult Correction
after sentencing and the disposal of all pending charges against the prisoner,
incarcerated individual, if no appeal has been taken. Beginning on
the day after the Division has been notified by the sheriff that a prisoner an
incarcerated individual is ready for transfer and the Division has informed
the sheriff that bedspace is not available for that prisoner, incarcerated
individual, and continuing through the day the prisoner incarcerated
individual is received by the Division, the Division shall pay the county:county
all of the following:
(1) A standard sum set by the
General Assembly in its appropriations acts for the cost of providing food,
clothing, personal items, supervision, and necessary ordinary medical services
to the prisoner incarcerated individual awaiting transfer to the
State prison system; andsystem.
(2) Extraordinary medical
costs, as defined in G.S. 148‑32.1(a), incurred by prisoners incarcerated
individuals awaiting transfer to the State prison system.
If the Division determines that
bedspace is not available for a prisoner an incarcerated individual after
the sheriff has notified the Division that the prisoner incarcerated
individual is ready for transfer, reimbursement under this subsection shall
be made beginning on the day after the sheriff gave the notification.
(b) The sheriff having in
charge any parolee or post‑release supervisee to be taken to the State
prison system shall send the prisoner incarcerated individual to
the custody of the Division of Prisons of the Department of Adult Correction
after preliminary hearing held under G.S. 15A‑1368.6(b) or
G.S. 15A‑1376(b). Beginning on the day after the Division has been
notified by the sheriff that a prisoner an incarcerated individual is
ready for transfer and the Division has informed the sheriff that bedspace is
not available for that prisoner, incarcerated individual, and
continuing through the day the prisoner incarcerated individual is
received by the Division, the Division shall pay the county:county
all of the following:
(1) A standard sum set by the
General Assembly in its appropriations acts for the cost of providing food,
clothing, personal items, supervision, and necessary ordinary medical services
to the parolee or post‑release supervisee awaiting transfer to the State
prison system; andsystem.
(2) Extraordinary medical costs, as defined in G.S. 148‑32.1(a), incurred by parolees or post‑release supervisees awaiting transfer to the State prison system.
If the Division determines that
bedspace is not available for a prisoner an incarcerated individual after
the sheriff has notified the Division that the prisoner incarcerated
individual is ready for transfer, reimbursement under this subsection shall
be made beginning on the day after the sheriff gave the notification.
(c) The sheriff shall file
with the board of commissioners of his the sheriff's county a
copy of his the sheriff's affidavit as to necessary guard,
together with a copy of his the sheriff's itemized account of
expenses, both certified to by him the sheriff as true copies of
those on file in his the sheriff's office.
"§ 148‑31. Maintenance of Central Prison; warden; powers and duties.
The Central Prison shall be
maintained in such a manner as to conform to all the requirements of Article XI
of the State Constitution, relating to a State's prison. A suitable person
shall be appointed warden of the Central Prison, and he that person shall
succeed to and be vested with all the rights, duties, and powers heretofore
vested by law in the superintendent of the State's prison or the warden thereof
with respect to capital punishment, or any matter of discipline of the inmates
incarcerated individuals of the prison not otherwise provided for in
this Article.
"§ 148‑32.1. Local confinement, costs, alternate facilities, parole, work release.
…
(b) In the event that the
custodian of the local confinement facility certifies in writing to the clerk
of the superior court in the county in which the local confinement facility is
located that the local confinement facility is filled to capacity, or that the
facility cannot reasonably accommodate any more prisoners incarcerated
individuals due to segregation requirements for particular prisoners, incarcerated
individuals or that the custodian anticipates, in light of local
experiences, an influx of temporary prisoners incarcerated
individuals at that time, or if the local confinement facility does not meet
the minimum standards published pursuant to G.S. 153A‑221, any judge
of the district court in the district court district as defined in G.S. 7A‑133
where the facility is located, or any superior court judge who has jurisdiction
pursuant to G.S. 7A‑47.1 or G.S. 7A‑48 in a district or
set of districts as defined in G.S. 7A‑41.1 where the facility is
located may order that a prisoner an incarcerated individual not
housed pursuant to the Statewide Misdemeanant Confinement Program established
in subsection (b2) of this section be transferred to any other qualified local
confinement facility within that district or within another such district where
space is available, including a satellite jail unit operated pursuant to
G.S. 153A‑230.3 if the prisoner incarcerated individual is
a non‑violent misdemeanant, which local facility shall accept the
transferred prisoner.incarcerated individual.
If no other local confinement
facility is available and the reason for the requested transfer is that the
local confinement facility that would be required to house the prisoner incarcerated
individual cannot reasonably accommodate any more prisoners incarcerated
individuals due to segregation requirements for particular prisoners incarcerated
individuals or the local facility does not meet the minimum standards
published pursuant to G.S. 153A‑221, then the judge may order that a
prisoner an incarcerated individual not housed pursuant to the
Statewide Misdemeanant Confinement Program established in subsection (b2) of
this section be transferred to a facility operated by the Division of Prisons
of the Department of Adult Correction as designated by the Division of Prisons.
In no event, however, shall a prisoner an incarcerated individual whose
term of imprisonment is less than 30 days be assigned or ordered transferred to
a facility operated by the Division of Prisons.
…
(b2) The Statewide Misdemeanant Confinement Program is established. The Program shall provide for the housing of misdemeanants from all counties serving sentences imposed for a period of more than 90 days and for all sentences imposed for impaired driving under G.S. 20‑138.1, regardless of length. Those misdemeanants shall be confined in local confinement facilities except as provided in subsections (b3) and (b4) of this section. The Program shall address methods for the placement and transportation of inmates and reimbursement to counties for the housing of those inmates. Any county that voluntarily agrees to house misdemeanants from that county or from other counties pursuant to the Program may enter into a written agreement with the Division of Prisons to do so.
The North Carolina Sheriffs' Association shall:
…
(2) Report no later than October 1 of each year to the chairs of the House of Representatives Appropriations Committee on Justice and Public Safety and the Senate Appropriations Committee on Justice and Public Safety and the Joint Legislative Oversight Committee on Justice and Public Safety on the Statewide Misdemeanant Confinement Program. The report shall include the following with respect to the prior fiscal year:
a. The cost of housing prisoners
incarcerated individuals by county under the Program.
b. The cost of transporting prisoners
incarcerated individuals by county under the Program.
c. Personnel costs by county.
d. Inmate Incarcerated
individual medical care costs by county.
e. The number of counties
that volunteer to house inmates incarcerated individuals under
the Program.
…
(b3) The custodian of a local confinement facility may request a judicial order to transfer a misdemeanant housed pursuant to the Statewide Misdemeanant Confinement Program to a facility operated by the Division of Prisons by certifying in writing to the clerk of the superior court in the county in which the local confinement facility is located that one of the following conditions is met:
(1) The misdemeanant poses a security risk because the misdemeanant:
…
c. Needs to be protected
from other inmates, incarcerated individuals, and the county jail
facility cannot provide such that protection.
d. Is a female or a person
18 years of age or younger, and the county jail facility does not have adequate
housing for such prisoners.those incarcerated individuals.
…
f. Otherwise poses an
imminent danger to the staff of the county jail facility or to other prisoners
incarcerated individuals in the facility.
…
(3) The local confinement
facility that would be required to house the prisoner incarcerated
individual (i) cannot reasonably accommodate any more prisoners incarcerated
individuals due to segregation requirements for particular prisoners, incarcerated
individuals, or the local facility does not meet the minimum standards
published pursuant to G.S. 153A‑221, and (ii) no other local
confinement facility is available.
Upon receiving such request and
certification in writing, any superior or district court judge for the district
in which the local confinement facility is located may, after ascertaining that
the request meets the criteria set forth in subdivision (1), (2), or (3) of
this subsection, order the misdemeanant transferred to a unit of the State
prison system designated by the Secretary of the Department of Adult Correction
or the Secretary's authorized representative. Individuals meeting the condition
set forth in subdivision (2) of this subsection may be ordered to be
transferred for an initial period not to exceed 30 days. The sheriff of the
county from which the prisoner incarcerated individual is removed
shall be responsible for conveying the prisoner incarcerated
individual to the prison unit where the prisoner incarcerated
individual is to be held and for returning the prisoner incarcerated
individual to the jail of the county from which the prisoner incarcerated
individual was transferred. The officer in charge of the prison unit
designated by the Secretary of the Department of Adult Correction shall receive
custody of the prisoner incarcerated individual in accordance
with the terms of the order. Prior to the conclusion of the 30‑day
period, the Division of Prisons shall conduct an assessment of treatment and
venue needs. The assessment shall be conducted by the attending medical or
mental health professional and shall assess the medical and mental health needs
of the prisoner incarcerated individual and make a recommendation
on whether the prisoner incarcerated individual should remain in
the custody of the Division of Prisons of the Department of Adult Correction or
if the prisoner incarcerated individual should be returned to the
custody of the county. To extend the order beyond the initial 30‑day
period, the sheriff shall provide the Division of Prisons assessment and any
other relevant information to the resident judge or the superior court or any
judge holding superior court in the district or any district court judge who
shall determine whether to extend the transfer of the prisoner incarcerated
individual to a unit of the State prison system beyond the initial 30‑day
period. If the judge determines that the prisoner incarcerated
individual should remain in the custody of the Division of Prisons, the
judge shall renew the order and include a date certain for review by the court.
Prior to the date of review, the Division shall conduct a reassessment of
treatment and venue needs and the sheriff shall provide the reassessment and
any other relevant information to the court, as described in this subsection.
If the judge determines that the prisoner incarcerated individual should
not remain in the custody of the Division of Prisons, the officer in charge of
the prison unit designated by the Secretary of the Department of Adult
Correction shall release custody of the prisoner incarcerated
individual in accordance with the court order and the instructions of the
attending medical or mental health professional. The Division of Prisons shall
be reimbursed from the Statewide Misdemeanant Confinement Fund for the costs of
housing the misdemeanant, including the care, supervision, and transportation
of the misdemeanant.
…
(d) When a prisoner an
incarcerated individual serving a sentence of 30 days or more in a local
confinement facility is placed on work release pursuant to a recommendation of
the sentencing court, the custodian of the facility shall forward the prisoner's
incarcerated individual's work‑release earnings to the
Division of Prisons, which shall disburse the earnings as determined under
G.S. 148‑33.1(f). When a prisoner an incarcerated
individual serving a sentence of 30 days or more in a local confinement
facility is placed on work release pursuant to an order of the sentencing
court, the custodian of the facility shall forward the prisoner's incarcerated
individual's work‑release earnings to the clerk of the court that
sentenced the prisoner incarcerated individual or to the Division
of Prisons, as provided in the prisoner's incarcerated individual's commitment
order. The clerk or the Division, as appropriate, shall disburse the earnings
as provided in the prisoner's incarcerated individual's commitment
order. Upon agreement between the Division of Prisons and the custodian of the
local confinement facility, however, the clerk may disburse to the local
confinement facility the amount of the earnings to be paid for the cost of the prisoner's
incarcerated individual's keep, and that amount shall be set off
against the reimbursement to be paid by the Department to the local confinement
facility pursuant to G.S. 148‑32.1(a).
(e) Upon entry of a
prisoner an incarcerated individual serving a sentence of
imprisonment for impaired driving under G.S. 20‑138.1 into a local
confinement facility or to a detention facility approved by the Division of
Juvenile Justice of the Department of Public Safety pursuant to this section,
the custodian of the local confinement facility or detention facility shall
forward to the Post‑Release Supervision and Parole Commission information
pertaining to the prisoner incarcerated individual so as to make him
the individual eligible for parole consideration pursuant to
G.S. 15A‑1371. Such This information shall include
date of incarceration, jail credit, and such other information as may be
required by the Post‑Release Supervision and Parole Commission. The Post‑Release
Supervision and Parole Commission shall approve a form upon which the custodian
shall furnish this information, which form will be provided to the custodian by
the Division of Prisons.
"§ 148‑32.4. Oversight of Department of Transportation and forestry work assignments.
(a) No later than March 1 and September 1 of each year, the Department of Adult Correction, in consultation with the Department of Transportation (DOT) and the North Carolina Forest Service, shall report to the Governor and General Assembly regarding the work of incarcerated individuals on DOT and forestry work assignments, including, at a minimum, all of the following information:
(1) Total hours worked by incarcerated individuals.
(2) Wages paid and any deductions applied.
(3) Estimated cost‑savings to the State compared to civilian labor costs.
(4) Work site safety measures implemented.
(5) Skill certifications and job placements available to incarcerated workers upon release.
(b) No incarcerated individual shall be compelled to work in road maintenance, construction, or forestry without voluntary participation and fair wages.
(c) Any forestry, conservation, or wildfire suppression work performed by incarcerated individuals shall provide industry‑recognized certification opportunities in firefighting, land management, and forestry to improve post‑release employability.
(d) Medical assessments for DOT and forestry work shall include, at a minimum, each of the following requirements:
(1) No incarcerated individual shall be assigned physically demanding labor based on outward physical appearance alone.
(2) Eligibility for DOT and forestry work shall be based on a comprehensive medical evaluation conducted by a licensed healthcare professional.
(e) The Prison Labor Oversight Board created by G.S. 148‑32.5 shall conduct an annual audit of DOT and forestry work programs to ensure compliance with fair labor standards, workforce training goals, and public transparency requirements.
"§ 148‑32.5. Independent oversights, public transparency, and worker protections.
(a) A Prison Labor Oversight Board shall be established within the Department of Adult Correction to do each of the following:
(1) Conduct annual audits of all prison labor programs.
(2) Ensure compliance with PIECP standards and fair wage requirements.
(3) Investigate allegations of forced labor, unsafe working conditions, or wage exploitation.
(b) No later than March 1 and September 1 of each year, the Department of Adult Correction shall report to the Governor and General Assembly regarding the work of incarcerated individuals, including, at a minimum, all of the following information:
(1) The types of work assignments offered to incarcerated individuals.
(2) The total revenue generated from prison labor contracts.
(3) Job placement rates of formerly incarcerated individuals who participated in work programs.
(4) The overall impact of prison labor programs on North Carolina's economy and workforce development efforts.
(c) The Department of Adult Correction shall establish a Prison Labor Complaint Hotline, allowing incarcerated individuals, their families, and advocates to anonymously report labor violations, wage theft, or unsafe conditions related to the work of incarcerated individuals.
"§ 148‑33.1. Sentencing, quartering, and control of prisoners
incarcerated individuals with work‑release privileges.
(a) Whenever a person is
sentenced to imprisonment for a term to be served in the State prison system or
a local confinement facility, the Secretary of the Department of Adult
Correction may authorize the Director of Prisons or the custodian of the local
confinement facility to grant work‑release privileges to any inmate incarcerated
individual who is eligible for work release and who has not been granted
work‑release privileges by order of the sentencing court. The Secretary
of the Department of Adult Correction shall authorize immediate work‑release
privileges for any person serving a sentence not exceeding five years in the
State prison system and for whom the presiding judge shall have recommended
work‑release privileges when (i) it is verified that appropriate
employment for the person is available in an area where, in the judgment of the
Secretary, the Division of Prisons of the Department of Adult Correction has
facilities to which the person may suitably be assigned, and (ii) custodial and
correctional considerations would not be adverse to releasing the person
without supervision into the free community.
…
(c) The Division of Prisons
of the Department of Adult Correction shall from time to time, as the need
becomes evident, designate and adapt facilities in the State prison system for
quartering prisoners incarcerated individuals with work‑release
privileges. No State or county prisoner incarcerated individual shall
be granted work‑release privileges by the Director of Prisons or the
custodian of a local confinement facility until suitable facilities for
quartering him the incarcerated individual have been provided in
the area where the prisoner incarcerated individual has
employment or the offer of employment.
(d) The Secretary of the
Department of Adult Correction is authorized and directed to establish a work‑release
plan under which an eligible prisoner incarcerated individual may
be released from actual custody during the time necessary to proceed to the
place of his the incarcerated individual's employment, perform his
the incarcerated individual's work, and return to quarters
designated by the prison authorities. If the prisoner incarcerated individual
shall violate any of the conditions prescribed by prison rules and
regulations for the administration of the work‑release plan, then such
prisoner the incarcerated individual may be withdrawn from work‑release
privileges, and the prisoner incarcerated individual may be
transferred to the general prison population to serve out the remainder of his
the incarcerated individual's sentence. Rules and regulations for
the administration of the work‑release plan shall be established in the
same manner as other rules and regulations for the government of the State
prison system.
(e) The State Department of Labor shall exercise the same supervision over conditions of employment for persons working in the free community while serving sentences imposed under this section as the Department does over conditions of employment for free persons.
(f) A prisoner An
incarcerated individual who is convicted of a felony and who is granted
work‑release privileges shall give his the incarcerated individual's
work‑release earnings, less standard payroll deductions required by
law, to the Division of Prisons of the Department of Adult Correction. A
prisoner An incarcerated individual who is convicted of a
misdemeanor, is committed to a local confinement facility, and is granted work‑release
privileges by order of the sentencing court shall give his the
incarcerated individual's work‑release earnings, less standard
payroll deductions required by law, to the custodian of the local confinement
facility. Other misdemeanants granted work‑release privileges shall give
their work‑release earnings, less standard payroll deductions required by
law, to the Division of Prisons of the Department of Adult Correction. The
Division of Prisons of the Department of Adult Correction or the sentencing
court, as appropriate, shall determine the amount to be deducted from a
prisoner's an incarcerated individual's work‑release earnings
to pay for the cost of the prisoner's incarcerated individual's keep
and to accumulate a reasonable sum to be paid the prisoner incarcerated
individual when he the individual is paroled or discharged
from prison. The Division or sentencing court shall also determine the amount
to be disbursed by the Division or clerk of court, as appropriate, for each of
the following:
(1) To pay travel and other
expenses of the prisoner incarcerated individual made necessary
by his employment;the incarcerated individual's employment.
(2) To provide a reasonable
allowance to the prisoner incarcerated individual for his the
incarcerated individual's incidental personal expenses;expenses.
(3) To make payments for the
support of the prisoner's incarcerated individual's dependents in
accordance with an order of a court of competent jurisdiction, or in the
absence of a court order, in accordance with a determination of dependency
status and need made by the local department of social services in the county
of North Carolina in which such the dependents reside;reside.
(3a) To make restitution or reparation as provided in G.S. 148‑33.2.
(4) To comply with an order
from any court of competent jurisdiction regarding the payment of an obligation
of the prisoner incarcerated individual in connection with any
judgment rendered by the court.
(5) To comply with a written
request by the prisoner incarcerated individual to withhold an amount,
when the request has been granted by the Division or the sentencing court, as
appropriate.
Any balance of his the
incarcerated individual's earnings remaining at the time the prisoner incarcerated
individual is released from prison shall be paid to him. the
incarcerated individual. The Social Services Commission is authorized to
promulgate uniform rules and regulations governing the duties of county social
services departments under this section.
(g) No prisoner incarcerated
individual employed in the free community under the provisions of this
section shall be deemed to be an agent, employee, or involuntary servant of the
State prison system while working in the free community or going to or from such
that employment.
(h) Any prisoner incarcerated
individual employed under the provisions of this section shall not be
entitled to any benefits under Chapter 96 of the General Statutes entitled
"Employment Security" during the term of the sentence.
(i) No recommendation for
work release shall be made at the time of sentencing in any case in which the
presiding judge shall suspend the imposition of sentence and place a convicted person
incarcerated individual on probation; however, if probation be
subsequently revoked and the active sentence of imprisonment executed, the
court may at that time recommend work release. Neither a recommendation for
work release by the court or the decision of the Secretary of the Department of
Adult Correction to place a person on work release shall give rise to any
vested statutory right to an individual to be placed on or continued on work
release.
(j) The provisions of
subsections (f), (g), and (h) of this section shall also apply to prisoners incarcerated
individuals employed in private prison enterprises conducted pursuant to
G.S. 148‑70.
"§ 148‑33.2. Restitution by prisoners incarcerated
individuals with work‑release privileges.
(a) Repealed by Session Laws 1985, c. 474, s. 4.
(b) As a rehabilitative
measure, the Secretary of the Department of Adult Correction is authorized to
require any prisoner incarcerated individual granted work‑release
privileges to make restitution or reparation to an aggrieved party from any
earnings gained by the defendant while on work release when the sentencing
court recommends that restitution or reparation be paid by the defendant out of
any earnings gained by the defendant if he the defendant is
granted work‑release privileges and out of other resources of the
defendant, including all real and personal property owned by the defendant and
the income derived from such property. The Secretary shall not be bound by such
this recommendation, but if they elect the Secretary
elects not to implement the recommendation, they the Secretary shall
state in writing the reasons therefor, for not doing so and shall
forward the same to the sentencing court.
(c) When an active sentence
is imposed, the court shall consider whether, as a rehabilitative measure, it
should recommend to the Secretary of the Department of Adult Correction that
restitution or reparation be made by the defendant out of any earnings gained
by the defendant if he the defendant is granted work‑release
privileges and out of other resources of the defendant, including all real and
personal property owned by the defendant, and income derived from such that
property. If the court determines that restitution or reparation should not
be recommended, it shall so indicate on the commitment. If, however, the court
determines that restitution or reparation should be recommended, the court
shall make its recommendation a part of the order committing the defendant to
custody. The recommendation shall be in accordance with the applicable
provisions of G.S. 15A‑1343(d) and Article 81C of Chapter 15A of the
General Statutes. If the offense is one in which there is evidence of physical,
mental or sexual abuse of a minor, the court may order the defendant to pay from
work release earnings the cost of rehabilitative treatment for the minor. The
Administrative Office of the Courts shall prepare and distribute forms which
provide ample space to make restitution or reparation recommendations incident
to commitments, which forms shall be conveniently structured to enable the
sentencing court to make its recommendation.
(d) The Secretary of the
Department of Adult Correction shall establish rules and regulations to
implement this section, which shall include adequate notice to the prisoner incarcerated
individual that the payment of restitution or reparation from any earnings
gained by the prisoner incarcerated individual while on work
release is being considered as a condition of any work‑release privileges
granted the prisoner, incarcerated individual, and opportunity
for the prisoner incarcerated individual to be heard. Such These
rules and regulations shall also provide additional methods whereby facts
may be obtained to supplement the recommendation of the sentencing court.
"§ 148‑36. Secretary of the Department of Adult Correction to control classification and operation of prison facilities.
All facilities established or
acquired by the Division of Prisons of the Department of Adult Correction shall
be under the administrative control and direction of the Secretary of the
Department of Adult Correction, and operated under rules and regulations
proposed by the Secretary and adopted by the Division of Prisons of the
Department of Adult Correction as provided in G.S. 148‑11. Subject
to such these rules and regulations, the Secretary shall classify
the facilities of the State prison system and develop a variety of programs so
as to permit proper segregation and treatment of prisoners incarcerated
individuals according to the nature of the offenses committed, the
character and mental condition of the prisoners, incarcerated
individuals, and such other factors as should be considered in
providing an individualized system of discipline, care, and correctional
treatment of persons committed to the Division. The Secretary of the Department
of Adult Correction, or his the Secretary's authorized
representative, shall designate the places of confinement where sentences to
imprisonment in the State's prison system shall be served. The Secretary or his
the Secretary's representative may designate any available facility
appropriate for the individual in view of custodial and correctional
considerations.
"§ 148‑37. Additional facilities authorized; contractual arrangements.
(a) Subject to the
provisions of G.S. 143‑341, the Division of Prisons of the
Department of Adult Correction may establish additional facilities for use by
the Division, such these facilities to be either of a permanent
type of construction or of a temporary or movable type as the Division may find
most advantageous to the particular needs, to the end that the prisoners incarcerated
individuals under its supervision may be so distributed throughout the
State as to facilitate individualization of treatment designed to prepare them
the incarcerated individuals for lawful living in the community
where they are each is most likely to reside after their release
from prison. For this purpose, the Division may purchase or lease sites and
suitable lands adjacent thereto to those sites and erect
necessary buildings thereon, on those sites and lands, or
purchase or lease existing facilities, all within the limits of allotments as
approved by the Department of Administration.
(b) The Secretary of the
Department of Adult Correction may contract with the proper official of the
United States or of any county or city of this State for the confinement of
federal prisoners incarcerated individuals after they have been
sentenced, county, or city prisoners incarcerated individuals in
facilities of the State prison system or for the confinement of State prisoners
incarcerated individuals in any county or any city facility located
in North Carolina, or any facility of the United States Bureau of Prisons, when
to do so would most economically and effectively promote the purposes served by
the Division of Prisons of the Department of Adult Correction. Except as
otherwise provided, any contract made under the authority of this subsection
shall be for a period of not more than two years, and shall be renewable from
time to time for a period not to exceed two years. Contracts made under the authority
of this subsection for the confinement of State prisoners incarcerated
individuals in local or district confinement facilities may be for a period
of not more than 10 years and renewable from time to time for a period not to
exceed 10 years, and shall be subject to the approval of the Council of State
and the Department of Administration after consultation with the Joint
Legislative Commission on Governmental Operations. Contracts for receiving
federal, county and city prisoners incarcerated individuals shall
provide for reimbursing the State in full for all costs involved. The financial
provisions shall have the approval of the Department of Administration before
the contract is executed. Payments received under such these contracts
shall be deposited in the State treasury for the use of the Division of Prisons
of the Department of Adult Correction. Such These payments are
hereby shall be appropriated to the Division of Prisons of the
Department of Adult Correction as a supplementary fund to compensate for the
additional care and maintenance of such the prisoners as are received
under such these contracts.
…
(c) In addition to the
authority contained in subsections (a) and (b) of this section, and in addition
to the contracts ratified by subsection (f) of this section, the Secretary of
the Department of Adult Correction may enter into contracts with any public
entity or any private nonprofit or for‑profit firms for the confinement
and care of State prisoners incarcerated individuals in any out‑of‑state
correctional facility when to do so would most economically and effectively
promote the purposes served by the Division of Prisons of the Department of
Adult Correction. Contracts entered into under the authority of this subsection
shall be for a period not to exceed two years and shall be renewable from time
to time for a period not to exceed two years. Prisoners Incarcerated
individuals may be sent to out‑of‑state correctional facilities
only when there are no available facilities in this State within the State
prison system to appropriately house those prisoners. incarcerated
individuals. Any contract made under the authority of this subsection shall
be approved by the Department of Administration before the contract is
executed. Before expending more than the amount specifically appropriated by
the General Assembly for the out‑of‑state housing of inmates, incarcerated
individuals, the Division shall obtain the approval of the Joint
Legislative Commission on Governmental Operations and shall report such
expenditures to the Chairs of the Senate and House Appropriations Committees,
the Chairs of the Senate and House Appropriations Subcommittees on Justice and
Public Safety, and the Chairs of the Joint Legislative Oversight Committee on
Justice and Public Safety.
(d) Prisoners Incarcerated
individuals confined in out‑of‑state correctional facilities
pursuant to subsection (c) of this section 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 incarcerated individuals housed
in those out‑of‑state correctional facilities. The operators of
those out‑of‑state correctional facilities may promulgate any other
rules as may be necessary for the operation of those facilities with the
written approval of the Secretary of the Department of Adult Correction.
Custodial officials employed by an out‑of‑state correctional
facility are agents of the Secretary of the Department of Adult Correction and
may use those procedures for use of force authorized by the Secretary of the
Department of Adult Correction not inconsistent with the laws of the State of
situs of the facility to defend themselves, to enforce the observance of
discipline in compliance with correctional facility rules, to secure the person
of a prisoner, an incarcerated individual, and to prevent escape.
Prisoners Incarcerated individuals confined to out‑of‑state
correctional facilities may be required to perform reasonable work assignments
within those facilities. Private firms under subsection (c) of this section
shall employ inmate disciplinary and grievance policies of the Division of
Prisons of the Department of Adult Correction.
…
(g) The Secretary of the
Department of Adult Correction may contract with private for‑profit or
nonprofit firms for the provision and operation of four or more confinement
facilities totaling up to 2,000 beds in the State to house State prisoners incarcerated
individuals when to do so would most economically and effectively promote
the purposes served by the Division of Prisons of the Department of Adult
Correction. This 2,000‑bed limitation shall not apply to the 500 beds in
private substance abuse treatment centers authorized by the General Assembly
prior to July 1, 1995. Whenever the Division of Prisons of the Department of
Adult Correction determines that new prison facilities are required in addition
to existing and planned facilities, the Division may contract for any remaining
beds authorized by this section before constructing State‑operated
facilities.
Contracts entered under the authority of this subsection shall be for a period not to exceed 10 years, shall be renewable from time to time for a period not to exceed 10 years. The Secretary of the Department of Adult Correction shall enter contracts under this subsection only if funds are appropriated for this purpose by the General Assembly. Contracts entered under the authority of this subsection may be subject to any requirements for the location of the confinement facilities set forth by the General Assembly in appropriating those funds.
Once the Division has made a determination to contract for additional private prison beds, it shall issue a request for proposals within 30 days of the decision. The request for proposals shall require bids to be submitted within two months, and the Division shall award contracts at the earliest practicable date after the submission of bids. The Secretary of the Department of Adult Correction, in consultation with the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety and the Chairs of the House and Senate Appropriations Subcommittees on Justice and Public Safety, shall make recommendations to the State Purchasing Officer on the final award decision. The State Purchasing Officer shall make the final award decision, and the contract shall then be subject to the approval of the Council of State after consultation with the Joint Legislative Commission on Governmental Operations.
Contracts made under the authority
of this subsection may provide the State with an option to purchase the
confinement facility or may provide for the purchase of the confinement
facility by the State. Contracts made under the authority of this subsection
shall state that plans and specifications for private confinement facilities
shall be furnished to and reviewed by the Office of State Construction. The
Office of State Construction shall inspect and review each project during
construction to ensure that the project is suitable for habitation and to
determine whether the project would be suitable for future acquisition by the
State. All contracts for the housing of State prisoners incarcerated
individuals in private confinement facilities shall require a minimum of
ten million dollars ($10,000,000) of occurrence‑based liability insurance
and shall hold the State harmless and provide reimbursement for all liability
arising out of actions caused by operations and employees of the private
confinement facility.
Prisoners Incarcerated individuals housed in private confinement facilities pursuant to this subsection
shall remain subject to the rules adopted for the conduct of persons committed
to the State prison system. The Secretary of the Department of Adult Correction
may review and approve the design and construction of private confinement
facilities before housing State prisoners incarcerated individuals in
these facilities. The rules regarding good time, gain time, and earned credits,
discipline, classification, extension of the limits of confinement, transfers,
housing arrangements, and eligibility for parole shall apply to inmates incarcerated
individuals housed in private confinement facilities pursuant to this
subsection. The operators of private confinement facilities may adopt any other
rules as may be necessary for the operation of those facilities with the
written approval of the Secretary of the Department of Adult Correction.
Custodial officials employed by a private confinement facility are agents of
the Secretary of the Department of Adult Correction and may use those
procedures for use of force authorized by the Secretary of the Department of
Adult Correction to defend themselves, to enforce the observance of discipline
in compliance with confinement facility rules, to secure the person of a prisoner,
an incarcerated individual, and to prevent escape. Private firms
under this subsection shall employ inmate disciplinary and grievance policies
of the Division of Prisons of the Department of Adult Correction.
…
(i) The Division of Prisons
of the Department of Adult Correction shall make a written report no later than
March 1 of every year, beginning in 1997, on the substance of all outstanding
contracts for the housing of State prisoners incarcerated individuals
entered into under the authority of this section. The report shall be
submitted to the Joint Legislative Oversight Committee on Justice and Public
Safety.
"§ 148‑37.1. Prohibition on private prisons housing
out‑of‑state inmates.incarcerated individuals.
(a) Except as otherwise
provided in this section or authorized by North Carolina law, no municipality,
county, or private entity may authorize, construct, own, or operate any type of
correctional facility for the confinement of inmates incarcerated
individuals serving sentences for violation of the laws of a jurisdiction
other than North Carolina.
(b) The provisions of this
section shall not apply to facilities owned or operated by the federal
government and used exclusively for the confinement of inmates incarcerated
individuals serving sentences for violation of federal law, but only to the
extent that such those facilities are not subject to restriction
by the states under the provisions of the United States Constitution.
"§ 148‑37.3. Authority of private correctional officers employed pursuant to a contract with the Federal Bureau of Prisons.
(a) Correctional officers
and security supervisors employed at private correctional facilities pursuant
to a contract between their employer and the Federal Bureau of Prisons may, in
the course of their employment as correctional officers or security
supervisors, use necessary force and make arrests consistent with the laws
applicable to the Division of Prisons of the Department of Adult Correction,
which force shall not exceed that authorized to Division of Prisons of the
Department of Adult Correction officers, provided that the employment policies
of such those private corporations meet the same minimum
standards and practices followed by the Division of Prisons of the Department
of Adult Correction in employing its correctional personnel, and if:if
either of the following circumstances applies:
(1) Those correctional
officers and security supervisors have been certified as correctional officers
as provided under Article 1 of Chapter 17C of the General Statutes; orStatutes.
(2) Those correctional officers and security supervisors employed by the private corporation at the facility have completed a training curriculum that meets or exceeds the standards required by the North Carolina Criminal Justice Education and Training Standards Commission for correctional personnel.
…
(c) Any private corporation
described in subsection (a) of this section shall reimburse the State and any
county or other law enforcement agency for the full cost of any additional
expenses incurred by the State or the county or other law enforcement agency in
connection with the pursuit and apprehension of an escaped inmate incarcerated
individual from the facility.
In the event of an escape from the
facility, any private corporation described in subsection (a) of this section
shall immediately notify the sheriff in the county in which the facility is
located, who shall cause an immediate entry into the Department of Public
Safety's Criminal Information Network. The sheriff of the county in which the
facility is located shall be the lead law enforcement officer in connection
with the pursuit and apprehension of an escaped inmate incarcerated
individual from the facility.
…
"§ 148‑40. Recapture of escaped prisoners.incarcerated
individuals.
The rules and regulations for the
government of the State prison system may provide for the recapture of convicts
incarcerated individuals that may escape, or any convicts incarcerated
individuals that may have escaped from the State's prison or prison camps,
or county road camps of this State, and the Division of Prisons of the
Department of Adult Correction may pay to any person recapturing an escaped convict
such incarcerated individual a reward or expense of recapture as the
regulations may provide. Any citizen of North Carolina shall have authority to
apprehend any convict incarcerated individual who may escape
before the expiration of the convict's incarcerated individual's term
of imprisonment whether the convict incarcerated individual be
guilty of a felony or misdemeanor, and retain the convict incarcerated
individual in custody and deliver the convict incarcerated
individual to the Division of Prisons of the Department of Adult
Correction.
"§ 148‑41. Recapture of escaping prisoners; incarcerated
individuals; reward.
The Secretary of the Department of
Adult Correction shall use every means possible to recapture, regardless of
expense, any prisoners incarcerated individuals escaping from or
leaving without permission any of the State prisons, camps, or farms. When any
person who has been confined or placed to work escapes from the State prison
system, the Secretary shall immediately notify the Governor, and accompany the
notice with a full description of the escaped prisoner, incarcerated
individual, together with such information as will aid in the recapture.
The Governor may offer such rewards as he the Governor may
deem desirable and necessary for the recapture and return to the State prison
system of any person who may escape or who heretofore has escaped
therefrom. Such escaped. The reward earned shall be paid by warrant
of the Division of Prisons of the Department of Adult Correction and accounted
for as a part of the expense of maintaining the State's prisons.
"§ 148‑44. Separation as to sex.
The Department shall provide
quarters for female prisoners incarcerated individuals separate
from those for male prisoners.incarcerated individuals.
"§ 148‑45. Escaping or attempting escape from State
prison system; failure of conditionally and temporarily released prisoners incarcerated
individuals and certain youthful offenders to return to custody of Division
of Prisons of the Department of Adult Correction.
(a) Any person in the
custody of the Division of Prisons of the Department of Adult Correction in any
of the classifications hereinafter set forth in this subsection who
shall escape from the State prison system, shall for the first such offense,
except as provided in subsection (g) of this section, be guilty of a Class 1
misdemeanor:
(1) A prisoner An incarcerated
individual serving a sentence imposed upon conviction of a misdemeanor;misdemeanor.
(2) A person who has been
charged with a misdemeanor and who has been committed to the custody of the
Division of Prisons of the Department of Adult Correction under the provisions
of G.S. 162‑39;G.S. 162‑39.
…
(b) Any person in the
custody of the Division of Prisons of the Department of Adult Correction, in
any of the classifications hereinafter set forth, forth in
this subsection, who shall escape from the State prison system, shall,
except as provided in subsection (g) of this section, be punished as a Class H
felon:
(1) A prisoner An
incarcerated individual serving a sentence imposed upon conviction of a felony;felony.
(2) A person who has been
charged with a felony and who has been committed to the custody of the Division
of Prisons of the Department of Adult Correction under the provisions of G.S. 162‑39;G.S. 162‑39.
…
(4) A person who shall have
been convicted of a felony and who shall have been committed to the Division of
Prisons of the Department of Adult Correction for presentence diagnostic study
under the provisions of G.S. 15A‑1332(c); orG.S. 15A‑1332(c).
(5) Any person previously convicted of escaping or attempting to escape from the State prison system.
…
(f) Any person convicted of
an escape or attempt to escape classified as a felony by this section shall be
immediately classified and treated as a convicted felon even if such the
person has time remaining to be served in the State prison system on a
sentence or sentences imposed upon conviction of a misdemeanor or misdemeanors.
(g) (1) Any
person convicted and in the custody of the Division of Prisons of the Department
of Adult Correction and ordered or otherwise assigned to work under the work‑release
program, G.S. 148‑33.1, or any convicted person in the custody of
the Division of Prisons of the Department of Adult Correction and temporarily
allowed to leave a place of confinement by the Secretary of the Department of
Adult Correction or his the Secretary's designee or other
authority of law, who shall fail to return to the custody of the Division of
Prisons of the Department of Adult Correction, shall be guilty of the crime of
escape and subject to the applicable provisions of this section and shall be
deemed an escapee. For the purpose of this subsection, escape is defined to
include, but is not restricted to, willful failure to return to an appointed
place and at an appointed time as ordered.
(2) If a person, who would
otherwise be guilty of a first violation of G.S. 148‑45(g)(1),
voluntarily returns to his place of confinement within 24 hours of the time at
which he the person was ordered to return, such that person
shall not be charged with an escape as provided in this section but shall be
subject to such administrative action as may be deemed appropriate for
an escapee by the Division of Prisons of the Department of Adult Correction; said
that escapee shall not be allowed to be placed on work release for a
four‑month period or for the balance of his the escapee's term
if less than four months; provided, however, that if such that person
commits a subsequent violation of this section then such that person
shall be charged with that offense and, if convicted, punished under the
provisions of this section.
"§ 148‑46. Degree of protection against violence allowed.
(a) When any prisoner, incarcerated
individual, or several combined combined, shall offer
violence to any officer, overseer, or correctional officer, or to any fellow prisoner,
incarcerated individual, or attempt to do any injury to the prison
building, or to any workshop, or other equipment, or shall attempt to escape,
or shall resist, or disobey any lawful command, the officer, overseer, or
correctional officer shall use any means necessary to defend himself, or to
enforce the observance of discipline, or to secure the person of the offender,
and to prevent an escape.
(b) A misdemeanor prisoner
incarcerated individual classified and treated as a convicted felon
as the result of a consecutive felony sentence or sentences, or a convicted
felon placed in the custody of the Secretary of the Department of Adult
Correction pending the outcome of an appeal, or a defendant charged with a
felony or felonies and placed in the custody of the Secretary of the Department
of Adult Correction pending trial, shall be considered as a convicted felon in
the custody of the Secretary of the Department of Adult Correction against whom
any means reasonably necessary, including deadly force, may be used to prevent
an escape.
"§ 148‑46.1. Inflicting or assisting in infliction of
self injury to prisoner an incarcerated individual resulting in
incapacity to perform assigned duties.
Any person serving a sentence or
sentences within the State prison system who, during the term of such
imprisonment, willfully and intentionally inflicts upon himself any injury
resulting in a permanent or temporary incapacity to perform work or duties
assigned to him that person by the Division of Prisons of the
Department of Adult Correction, or any prisoner incarcerated
individual who aids or abets any other prisoner incarcerated
individual in the commission of such offense, shall be punished as a Class
H felon.
"§ 148‑46.2. Procedure when consent is refused by prisoner.an
incarcerated individual.
When the Secretary of the
Department of Adult Correction finds as a fact that the injury to any prisoner
incarcerated individual was willfully and intentionally self‑inflicted
and that an operation or treatment is necessary for the preservation or
restoration of the health of the prisoner incarcerated individual and
that the prisoner incarcerated individual is competent to act for
himself or herself; and that attempts have been made to obtain consent for the
proposed operation or treatment but such the consent was refused,
and the findings have been reduced to writing and entered into the prisoner's
incarcerated individual's records as a permanent part thereof, of
those records, then the chief medical officer of the prison hospital or
prison institution shall be authorized to give or withhold, on behalf of the prisoner,
incarcerated individual, consent to the operation or treatment.
In all cases coming under the provisions of this section, the medical staff of the hospital or institution shall keep a careful and complete medical record of the treatment and surgical procedures undertaken. The record shall be signed by the chief medical officer of the hospital or institution and the surgeon performing any surgery. Any treatment of self‑inflicted injuries shall also be subject to the provisions of G.S. 90‑21.13 and G.S. 90‑21.16.
"§ 148‑47. Disposition of child born of female prisoner.incarcerated
individual.
Any child born of a female prisoner
incarcerated individual while she the individual is in
custody shall as soon as practicable be surrendered to the director of social
services of the county wherein where the child was born upon a
proper order of the domestic relations court or juvenile court of said that
county affecting the custody of said the child. When it
appears to be for the best interest of the child, the court may place custody
beyond the geographical bounds of Wake County: Provided, however, that all
subsequent proceedings and orders affecting custody of said the child
shall be within the jurisdiction of the proper court of the county where the
infant is residing at the time such the proceeding is commenced
or such the order is sought: Provided, further, that nothing in
this section shall affect the right of the mother to consent to the adoption of
her the child nor shall the right of the mother to place her the
child with the legal father or other suitable relative be affected by the
provisions of this section.
"§ 148‑48. Parole powers of Parole Commission unaffected.
Nothing in this Chapter shall be
construed to limit or restrict the power of the Parole Commission to parole prisoners
incarcerated individuals under such conditions as it may
impose or prevent the reimprisonment of such prisoners incarcerated
individuals upon violation of the conditions of such that parole,
as now provided by law.
SECTION 3. If any section or provision of this act is declared unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or any part other than the part declared to be unconstitutional or invalid.
SECTION 4. This act becomes effective July 1, 2026.