CHAPTER 226 AN ACT TO AMEND CHAPTER 134 OF THE GENERAL STATUTES BY REWRITING ARTICLE 9 THEREOF, CREATING A STATE BOARD OF CORRECTION AND TRAINING AND PRESCRIBING THE POWERS AND DUTIES THEREOF. The General Assembly of North Carolina do enact:
Section 1. Chapter 134 of the General Statutes is hereby amended by rewriting Article 9 thereof in its entirety, so that said Article 9 shall read as follows: Art. 9 State Board of Correction and Training. G. S. 184-90. State Board of Correction and Training created. There is hereby created a State Board of Correction and Training to be composed of nine members, all of whom shall be appointed by the Governor of North Carolina. The Commissioner of Public Welfare shall be an ex officio member without voting power. The original membership of the board shall consist of three classes, the first class to serve for a period of two years from the date of appointment, the second class to serve for a period of four years from the date of appointment, and the third class to serve for a period of six years from the date of appointment. At the expiration of the original respective terms of office, all subsequent appointments shall be for a term of six years, except such as are made to fill unexpired terms. Five members of the board shall constitute a quorum. Members of the board shall serve for terms as prescribed in this Section, and until their successors are appointed and qualified. The Governor shall have the power to remove any member of the board whenever, in his opinion, such removal is in the best public interest, and the Governor shall not be required to assign any reason for any such removal. G. S. 134-91. Powers and duties of the State Board of Correction and Training. The following institutions, schools and agencies of this State; namely, the Stonewall Jackson Manual Training and Industrial School, the State Home and Industrial School for Girls, Dobbs Farms, the Eastern Carolina Industrial Training School for Boys, the Morrison Training School, and the State Training School for Negro Girls, together with all such other correctional State institutions, schools or agencies of a similar nature, established and maintained for the correction, discipline or training of delinquent minors, now existing or hereafter created, shall be under the management and administrative control of the State Board of Correction and Training. Wherever in General Statutes 134-1 to 134-48 inclusive or in General Statutes 134-67 to 134-89 inclusive, or in any other laws of this State, the words board of directors, board of trustees, board of managers, directors, trustees, managers, or board are used with reference to the governing body or bodies of the institutions, schools or agencies enumerated in 134-90, the same shall mean the State Board of Correction and Training provided for in General Statutes 134-90, and it shall be construed that the State Board of Correction and Training shall succeed to, exercise and perform all the powers conferred and duties imposed heretofore upon the separate boards of directors, trustees or managers of the several institutions, schools or agencies herein mentioned, and said powers and duties shall be exercised and performed as to each of the institutions by the State Board of Correction and Training herein provided for. The said board shall be responsible for the management of the said institutions, schools or agencies and the disbursement of appropriations made for the maintenance and permanent enlargement and repairs of the said institutions, schools or agencies subject to the provisions of the Executive Budget Act, and said board shall make report to the Governor annually, and oftener if called for by him, of the condition of each of the schools, institutions or agencies under its management and control, and shall make biennial reports to the Governor, to be transmitted by him to the General Assembly, of all moneys received and disbursed by each of said schools, institutions or agencies. The State Board of Correction and Training shall have full management and control of the institutions, schools and agencies named in this Article, and shall have power to administer these institutions, schools and agencies in the manner deemed best for the interest of delinquent boys and girls of all races. Similar provisions shall be made for white and negro children in separate schools. Indian children shall be provided for in a manner comparable to that afforded children of the white and negro races. Individual students may be transferred from one institution, school or agency to another, but this authority to transfer individual students does not authorize the consolidation or abandonment of any institution, school or agency. The Board of Correction and Training, subject to the approval of the Governor and the Advisory Budget Commission, is authorized to transfer the entire population at Dobbs Farm to the State Home and Industrial School for Girls and to utilize the present facilities at Dobbs Farm as a training school for negro girls. The State Board of Correction and Training is hereby vested with administrative powers over the schools, institutions and agencies set forth in this Article, together with all lands, buildings, improvements, and other properties appertaining thereto, and the board is authorized and empowered to do all things necessary in connection therewith for the care, supervision and training of boys and girls of all races who may be received at any of such schools, institutions or agencies. G. S. 134-92. Organization of the Board. The State Board of Correction and Training is hereby authorized and given full power to meet and organize, and from their number select a chairman and vice chairman. The Commissioner of Correction hereinafter provided for in this Article shall be executive secretary to the board. All officers of the board shall serve for a two-year period, which period shall be the same as the States fiseal biennium. G. S. 134-93. Meetings of the Board. The State Board of Correction and Training shall convene at least four times a year and at places designated by the board. Insofar as practicable, the place of meetings shall rotate among the several schools and institutions. G. S. 134-94. Executive Committees. The State Board of Correction and Training shall select from its number an executive committee of three members. The powers and duties of the executive committee shall be prescribed by the board and all actions of this committee shall be reported to the full board at the next succeeding meeting. In addition to the executive committee the board may set up such other committees as may be deemed necessary for the carrying out of the activities of the board. G. S. 134-95. By-laws; rules and regulations. The State Board of Correction and Training shall make all necessary by-laws, rules and regulations for its own use and for the governing and administering of the schools, institutions and agencies under its control. G. S. 134-96. Commissioner of Correction. The State Board of Correction and Training is hereby authorized and empowered to employ a Commissioner of Correction who shall serve all schools, institutions and agencies covered by this Article. The board shall prescribe the duties and salary of the Commissioner of Correction, subject to the approval of the Director of the Budget. The board may employ secretarial help and such other assistants as in its judgment are necessary to give effect to this Article, subject, however, to the approval of the Director of the Budget. The Commissioner of Correction shall be a person of demonstrated executive ability and shall have such special education, training, experience and natural ability in welfare, educational and correctional work as are calculated to qualify him for the discharge of his duties, such training shall include special study in the social sciences and adequate institutional and practical experiences; and he must be a person of good character. He shall devote his full time to the duties of his employment and shall hold no other office, except that he shall serve as secretary to the State Board of Correction and Training. The salary of the Commissioner of Correction and his assistants and the expenses incident to maintaining his office, his travel expenses, and the expenses of the board members shall be paid out of special appropriations set up for the State Board of Correction and Training. The State Board of Public Buildings and Grounds shall provide suitable office space in the City of Raleigh for the Commissioner and his staff. G. S. 134-97. Compensation for members of the board. The members of the State Board of Correction and Training shall be paid the sum of seven dollars ($7.00) per day and actual expenses while engaged in the discharge of their official duties. G. S. 134-98. Election of Superintendents. The State Board of Correction and Training shall elect a superintendent for each of the schools, institutions and agencies, covered by this Chapter. Each superintendent shall be equipped by professional social work training and experience to understand the needs and problems of adolescent boys and girls, to administer an institutional program and to direct professional staff members and other employees. The superintendents of the several institutions, schools and agencies shall be responsible, with the assistance of the Commissioner of Correction, for the employment of all personnel. The superintendents of the several schools and institutions shall likewise have the power to dismiss any employee for incompetence or failure to carry out the work assigned to him. The superintendents shall make monthly reports to the Commissioner of Correction on the conduct and activities of the schools, institutions or agencies, and on the boys and girls under their care, and such reports on the financial and business management of the schools, institutions or agencies as may be required by the Board of Correction and Training. G. S. 134-99. Bonds for superintendents and budget officers. All superintendents and budget officers shall before entering upon their duties make a good and sufficient bond payable to the State of North Carolina in such form and amount as may be specified by the Governor and approved by the State Treasurer. G. S. 184-100. Who may be committed. The schools, institutions and agencies enumerated, and others that now exist or may be hereafter established, shall accept and train all delinquent children of all races and creeds under the age of eighteen as may be sent by the judges of the juvenile courts or by judges of other courts having jurisdiction, provided such persons are not mentally or physically incapable of being substantially benefited by the program of the institution, school or agency. G. S. 134-101. Removal request by board. If any boy or girl under the care of a State school, institution or agency shall offer violence to a member of the staff or another boy or girl or do or attempt to do injury to the buildings, equipment, or property of the school, or shall by gross or habitual misconduct exert a dangerous or pernicious influence over other boys and girls, the Board of Correction and Training may request the court committing said boy or girl or any court of proper jurisdiction to relieve the school of the custody of the boy or girl. G. S. 134-102. Transfer by order of Governor. The Governor of the State may by order transfer any person under the age of eighteen years from any jail or prison in this State to one of the institutions, schools or agencies of correction. G. S. 134-103. Institution to be in position to care for offender before commitment. Before committing any person to the school, institution or agency, the court shall ascertain whether the school, institution or agency is in a position to care for such person and no person shall be sent to the school, institution or agency until the committing agency has received notice from the superintendent that such person can be received. It shall be at all times within the discretion of the State Board of Correction and Training as to whether the board will receive any qualified person into the school, institution or agency. No commitment shall be made for any definite term but any person so committed may be released or discharged at any time after commitment, as hereinafter provided in this Article. G. S. 134-104. Delivery to institution. It shall be the duty ot the county or city authorities from which the person is sent to the school, institution or agency by any court to see that such person is safely and duly delivered to the school, institution or agency to which committed and to pay all expenses incident to his or her conveyance and delivery to the said school, institution or agency. If the offender be a girl, she must be accompanied by a woman approved by the county superintendent of public welfare. G. S. 134-105. Return of boys and girls improperly committed. Whenever it shall appear to the satisfaction of the superintendent of a State school, institution or agency and the State Board of Correction and Training that any boy or girl committed to such school, institution or agency is not of a proper age to be so committed, or is not properly committed, or is mentally or physically incapable of being materially benefited by the services of such school, institution or agency, the superintendent, with the approval of the State Board of Correction and Training, may return such boy or girl to the committing court to be dealt with in all respects as though he or she had not been so committed. G. S. 134-106. Work to be conducted. There shall be established and conducted on such lands as may be owned in connection with the schools, institutions or agencies such trades, crafts, arts, and sciences suitable to the students and such teachings shall be done with the idea of preparing the students for making a living for themselves after release. Schools shall be maintained of public school standards and operated by teachers holding standard certificates as accepted in States system of public schools. A recreation program shall be maintained for the health and happiness of all students. The precepts of religion, ethics, morals, citizenship and industry shall be taught to all students. G. S. 134-107. Conditional release; superintendent may grant conditional release; revocation of release. The Board of Correction and Training shall have power to grant conditional release to any person in any school, institution or agency under its jurisdiction and may delegate this power to the superintendents of the various schools, institutions and agencies, under rules and regulations adopted by the Board of Correction and Training; such conditional release may be terminated at any time by written revocation by the superintendent, under rules and regulations adopted by the Board of Correction and Training, which written revocation shall be sufficient authority for any officer of the school, institution or agency, or any peace officer to apprehend any person named in such written revocation in any county of the State and to return such person to the institution. G. S. 184-108. Final discharge. Final discharge may be granted by the superintendent under rules adopted by the State Board ot Correction and Training at any time after admission to the school; provided, however, that final discharge must be granted any person upon reaching his twenty-first birthday. G. S. 184-109. Return of runaways. If a boy or girl runs away from a State school, institution or agency, the superintendent may cause him or her to be apprehended and returned to such school, institution or agency. Any employee of the school, institution or agency, or any person designated by the superintendent, or any official of the welfare department, or any peace officer may apprehend and return to the school, institution or agency, without a warrant, a runaway boy or girl in any county of the State, and shall forthwith carry such runaway to the school, institution or agency. G. S. 184-110. Aiding escapees; misdemeanor. It shall be unlawful for any person to aid, harbor, conceal, or assist in any way any boy or girl who is attempting to escape or who has escaped from any school, institution or agency of correction and any person rendering such assistance shall be guilty of a misdemeanor. G. S. 134-111. State Board of Health to supervise sanitary and health conditions. The State Board of Health shall have general supervision over the sanitary and health conditions of the several schools, institutions and agencies and shall make periodic examinations of the same and report to the State Board of Correction and Training the conditions found with respect to the sanitary and hygienic care of the students. G. S. 134-112. Care of persons under Federal jurisdiction. The State Board of Correction and Training is hereby empowered to make and enter into contractual relations with the proper official of the United States for admission to the State schools, institutions and agencies of such Federal juvenile delinquents committed to the custody of such Attorney General as provided in the Federal Juvenile Delinquency Act as would profit from the program and services of the schools, institutions or agencies. G@. S) 134-113: Term: of Contract. Any contract made under the authority and provision of this Article shall be for a period of not more than two years and shall be renewable from time to time for a period of not to exceed two years. G. S. 134-114. Approval by State Budget Bureau. Any contract entered into under the provisions of this Article with the office of the United States Attorney General, the Bureau of Prisons of the United States Department of Justice, or necessary Federal agency by any of the contracting institutions for the care of any persons coming within the provisions of this Article shall not be less than the current estimated cost per capita at the time of execution of the contract, and all such financial provisions of any contract, before the execution of said contract shall have the approval of the State Budget Bureau.