reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 2 - Prison Regulations. › § 148-22.1 - Educational facilities and programs for selected inmates.

§ 148-22.1. Educational facilities and programs for selected inmates.
(a) The Division of Prisons of the Department of Adult Correction is authorized to take advantage of aid available from any source in establishing facilities and developing programs to provide inmates of the State prison system with such academic and vocational and technical education as seems most likely to facilitate the rehabilitation of these inmates and their return to free society with attitudes, knowledge, and skills that will improve their prospects of becoming law-abiding and self-supporting citizens. The State Department of Public Instruction is authorized to cooperate with the Division of Prisons of the Department of Adult Correction in planning academic and vocational and technical education of prison system inmates, but the State Department of Public Instruction is not authorized to expend any funds in this connection.
(b) In expending funds that may be made available for facilities and programs to provide inmates of the State prison system with academic and vocational and technical education, the Division of Prisons of the Department of Adult Correction shall give priority to meeting the needs of inmates who are less than 21 years of age when received in the prison system with a sentence or sentences under which they will be held for not less than six months nor more than five years before becoming eligible to be considered for a parole or unconditional release. These inmates shall be given appropriate tests to determine their educational needs and aptitudes. When the necessary arrangements can be made, they shall receive such instruction as may be deemed practical and advisable for them.
(c) The Secretary of the Department of Adult Correction, in consultation with the Office of Human Resources, shall set the salary supplement paid to teachers, instructional support personnel, and school-based administrators who are Division of Prison employees and are licensed by the State Board of Education. The salary supplement shall be at least five percent (5%), but not more than the percentage supplement they would receive if they were employed in the local school administrative unit where the job site is located. These salary supplements shall not be paid to central office staff. Nothing in this subsection shall be construed to include "merit pay" under the term "salary supplement". (1959, c. 431; 1967, c. 996, s. 13; 1985, c. 226, s. 1; 1993, c. 180, s. 8; 2005-276, s. 29.19(c); 2011-145, s. 19.1(h), (i); 2012-83, s. 61; 2013-382, s. 9.1(c); 2017-186, s. 2(mmmmmmm); 2021-180, s. 19C.9(o), (p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 2 - Prison Regulations. › § 148-22.2 - Procedure when surgical operations on inmates are necessary.

§ 148-22.2. Procedure when surgical operations on inmates are necessary.
The medical staff of any penal institution of the State of North Carolina is hereby authorized to perform or cause to be performed by competent and skillful surgeons surgical operations upon any inmate when such operation is necessary for the improvement of the physical condition of the inmate. The decision to perform an operation shall be made by the chief medical officer of the institution, with the approval of the superintendent of the institution, and with the advice of the medical staff of the institution. No operation shall be performed without the consent of the inmate; or, if the inmate is a minor, without the consent of a responsible member of the inmate's family, a guardian, or one having legal custody of the minor; or, if the inmate be non compos mentis, then the consent of a responsible member of the inmate's family or of a guardian shall be obtained. Any surgical operations on inmates of State penal institutions shall also be subject to the provisions of Article 1A of Chapter 90 of the General Statutes, G.S. 90-21.13, and G.S. 90-21.16.
If the operation on the inmate is determined by the chief medical officer to be an emergency situation in which immediate action is necessary to preserve the life or health of the inmate, and the inmate, if sui juris, is unconscious or otherwise incapacitated so as to be incapable of giving consent or in the case of a minor or inmate non compos mentis, the consent of a responsible member of the inmate's family, guardian, or one having legal custody of the inmate cannot be obtained within the time necessitated by the nature of the emergency situation, then the decision to proceed with the operation shall be made by the chief medical officer and the superintendent of the institution with the advice of the medical staff of the institution.
In all cases falling under this section, the chief medical officer of the institution and the medical staff of the institution shall keep a careful and complete record of the measures taken to obtain the permission for the operation and a complete medical record signed by the medical superintendent or director, the surgeon performing the operation and all surgical consultants of the operation performed. (1919, c. 281, ss. 1, 2; C.S., ss. 7221, 7222; 1947, c. 537, s. 24; 1951, c. 775; 1957, c. 1357, s. 1; 1981, c. 307, ss. 2, 3; 2003-13, s. 8; 2004-203, s. 53(a).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 2 - Prison Regulations. › § 148-23 - Prison employees not to use intoxicants, narcotic drugs or profanity.

§ 148-23. Prison employees not to use intoxicants, narcotic drugs or profanity.
No one addicted to the use of alcoholic beverages, or narcotic drugs, shall be employed as superintendent, warden, guard, or in any other position connected with the Division of Prisons of the Department of Adult Correction, where such position requires the incumbent to have any charge or direction of the prisoners; and anyone holding such position, or anyone who may be employed in any other capacity in the State prison system, who shall come under the influence of alcoholic beverages during hours of employment, or reports for duty under the effect of intoxicants, or narcotic drugs, or who shall become intoxicated, or uses narcotic drugs, under circumstances that bring discredit on the Division of Prisons of the Department of Adult Correction, shall be subject to immediate dismissal from employment by any of the institutions and shall not be eligible for reinstatement to such position or be employed in any other position in any of the institutions. Any superintendent, warden, correctional officer, supervisor, or other person holding any position in the Division of Prisons of the Department of Adult Correction who curses a prisoner under his charge shall be subject to immediate dismissal from employment and shall not be eligible for reinstatement. (1917, c. 286, s. 16; 1919, c. 80, s. 8; C.S., s. 7733; 1925, c. 163; 1933, c. 172, s. 18; 1957, c. 349, s. 10; 1967, c. 996, s. 13; 1969, c. 382; 1981, c. 412, s. 4(4); c. 747, s. 66; 2011-145, s. 19.1(h); 2012-83, s. 61; 2016-77, s. 8(c); 2017-186, s. 2(nnnnnnn); 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 2 - Prison Regulations. › § 148-23.2 - Mobile phones prohibited on State correctional facilities premises.

§ 148-23.2. Mobile phones prohibited on State correctional facilities premises.
Except as authorized by Division of Prisons of the Department of Adult Correction policy, no person shall possess a mobile telephone or other wireless communications device on the premises of a State correctional facility. Notwithstanding the provisions of this section, an employee or visitor may possess a mobile telephone or other wireless communications device within the confines of a motor vehicle located in a designated parking area of a correctional facility's premises if the mobile telephone or other wireless communications device remains in the vehicle and the vehicle is locked when the employee or visitor has exited the vehicle. (2009-560, s. 2; 2011-145, s. 19.1(h); 2017-186, s. 2(ppppppp); 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 2 - Prison Regulations. › § 148-24 - Religious services.

§ 148-24. Religious services.
The general policies, rules and regulations of the Division of Prisons of the Department of Adult Correction shall provide for religious services to be held in all units of the State prison system on Sunday and at such other times as may be deemed appropriate. Attendance of prisoners at religious services shall be voluntary. The Secretary of the Department of Adult Correction shall if possible secure the visits of some minister at the prison hospitals to administer to the spiritual wants of the sick. (1873-4, c. 158, s. 18; 1883, c. 349; Code, s. 3446; Rev., s. 5405; 1915, c. 125, ss. 1, 2; 1917, c. 286, s. 15; C.S., s. 7735; 1925, c. 163; c. 275, s. 6; 1933, c. 172, s. 18; 1955, c. 238, s. 9; 1967, c. 996, s. 6; 1973, c. 1262, s. 10; 2011-145, s. 19.1(h), (i); 2017-186, s. 2(qqqqqqq); 2021-180, s. 19C.9(o), (p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 2 - Prison Regulations. › § 148-25 - Secretary to investigate death of convicts.

§ 148-25. Secretary to investigate death of convicts.
The Secretary of the Department of Adult Correction, upon information of the death of a convict other than by natural causes, shall investigate the cause thereof and report the result of such investigation to the Governor, and for this purpose the Secretary may administer oaths and send for persons and papers. (1885, c. 379, s. 2; Rev., s. 5409; C.S., s. 7746; 1925, c. 163; 1933, c. 172, s. 18; 1955, c. 238, s. 9; 1967, c. 996, s. 15; 1973, c. 1262, s. 10; 2011-145, s. 19.1(i); 2021-180, s. 19C.9(o).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 2B - Dignity for Women Incarcerated in Prison Facilities. › § 148-25.1 - Definitions.

§ 148-25.1. Definitions.
As used in this Article, the following definitions apply:
(1) Body cavity searches. – The probing of body orifices in search of contraband.
(2) Correctional facility. – Any unit of the State prison system, juvenile detention facility, or other entity under the authority of the State that has the power to detain or restrain a person under the laws of this State.
(3) Correctional facility employee. – Any person who is employed by the State and who works at or in a correctional facility.
(4) Escape risk. – An incarcerated person who is determined to be at high risk for escape based on an individualized risk assessment.
(5) Important circumstance. – There has been an individualized determination that there are reasonable grounds to believe that the female incarcerated person presents a threat of harming herself, the fetus, or any other person, or an escape risk that cannot be reasonably contained by other means, including the use of additional personnel.
(6) Incarcerated person. – Any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for violations of criminal law or the terms and conditions of parole, probation, pretrial release, or a diversionary program.
(7) Menstrual products. – Products that women use during their menstrual cycle. These include tampons and sanitary napkins.
(8) Postpartum recovery. – The six-week period following delivery, or longer, as determined by the health care professional responsible for the health and safety of the female incarcerated person.
(9) Restraints. – Any physical or mechanical device used to restrict or control the movement of an incarcerated person's body, limbs, or both.
(10) Restrictive housing. – Any type of detention that involves removal from general population and an inability to leave a room or cell for the vast majority of the day. This term shall not include any of the following:
a. Single-cell accommodations in facilities that provide those accommodations to all incarcerated persons.
b. Single-cell accommodations in facilities that provide those accommodations to all persons of a certain sex or gender.
c. Single-cell accommodations provided for medical reasons, except when pregnancy, alone, is the medical reason for the single-cell accommodations.
d. Single-cell accommodations provided when an individualized determination has been made that there are reasonable grounds to believe that there exists a threat of harm to the female incarcerated person or the fetus.
e. Single-cell accommodations provided at the request of the incarcerated person.
(11) State of undress. – A situation when an incarcerated person is partially or fully naked, either in the shower, toilet areas, a medical examination room, or while having a body cavity search conducted. (2021-143, s. 2(a).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 2B - Dignity for Women Incarcerated in Prison Facilities. › § 148-25.3 - Inspection by correctional facility employees.

§ 148-25.3. Inspection by correctional facility employees.
(a) Inspections When a Female Incarcerated Person is in the State of Undress. – To the greatest extent practicable and consistent with safety and order in a correctional facility, there shall be a limitation on inspections by male correctional facility employees when a female incarcerated person is in a state of undress. Nothing in this section shall limit the ability of a male correctional facility employee from conducting inspections when a female incarcerated person may be in a state of undress if no female correctional facility employees are available within a reasonable period of time.
(b) Documentation Requirement. – If a male correctional facility employee deems it is appropriate to conduct an inspection or search while a female incarcerated person is in a clear state of undress in an area such as the shower, the medical examination room, toilet areas, or while a female incarcerated person is having a body cavity search, the male correctional facility employee shall submit a written report to the warden or administrator of the correctional facility within five days following the inspection or search, containing the justification for a male correctional facility employee to inspect the female incarcerated person while in a state of undress. (2021-143, s. 2(a).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 2B - Dignity for Women Incarcerated in Prison Facilities. › § 148-25.4 - Access to menstrual products.

§ 148-25.4. Access to menstrual products.
Access to Menstrual Products. – The Department of Public Safety and the administrator of the correctional facility shall ensure that sufficient menstrual products are available at the correctional facility for all female incarcerated persons who have an active menstrual cycle. Female incarcerated persons who menstruate shall be provided menstrual products as needed at no cost to the female incarcerated person. (2021-143, s. 2(a).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 2B - Dignity for Women Incarcerated in Prison Facilities. › § 148-25.5 - Training and technical assistance.

§ 148-25.5. Training and technical assistance.
(a) Correctional Facility Employee Training. – The Department of Public Safety shall develop, in consultation with the Department of Health and Human Services, Divisions of Public Health and Mental Health, Developmental Disabilities, and Substance Abuse Services, and shall provide to all State prison employees who have significant regular contact with pregnant female incarcerated persons training related to the physical and mental health of pregnant female incarcerated persons and fetuses, including:
(1) General care of pregnant women.
(2) The impact of restraints on pregnant female incarcerated persons and fetuses.
(3) The impact of being placed in restrictive housing on pregnant female incarcerated persons.
(4) The impact of body cavity searches on pregnant female incarcerated persons.
Training materials and curricula developed pursuant to this subsection shall be made available to administrators of local confinement facilities.
(b) Educational Programming for Pregnant Female Incarcerated Persons. – The Department of Public Safety shall develop and provide educational programming to pregnant female incarcerated persons held in State prisons related to:
(1) Prenatal care.
(2) Pregnancy-specific hygiene.
(3) Parenting skills.
(4) The impact of alcohol and drugs on the fetus.
(5) General health of children.
Training materials and curricula developed pursuant to this subsection shall be made available to administrators of local confinement facilities. (2021-143, s. 2(a).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 3 - Labor of Prisoners. › § 148-26.1 - Definitions.

§ 148-26.1. Definitions.
The following definitions apply:
(1) to (3) Repealed by Session Laws 1983, c. 709, s. 1, effective July 1, 1983.
(4) to (7) Repealed by Session Laws 1985, c. 226, s. 2, effective May 23, 1985.
(8) "State public work project" or "State public work": A useful service other than the construction of buildings performed on any land, or any structure thereon, belonging to any principal department of State government as defined in subdivision (6) above, including, but not limited to, State parks, campuses, playgrounds, highways, roads, lakes, forests and waterways.
(9) Repealed by Session Laws 1985, c. 226, s. 2, effective May 23, 1985. (1975, c. 682, s. 3; 1983, c. 709, s. 1; 1985, c. 226, s. 2.)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 3 - Labor of Prisoners. › § 148-26.5 - Pay and time allowances for work.

§ 148-26.5. Pay and time allowances for work.
The provisions of G.S. 148-18 and 148-13 shall be applicable to inmate work on local or State public work projects contracted for by the Secretary of the Department of Adult Correction as provided by G.S. 148-26 through 148-26.4. Travel, cost of inmate wages and custodial supervision expenses incurred by the Division of Prisons of the Department of Adult Correction and arising out of a local or State public work project shall be reimbursed on a cost basis to the Division of Prisons of the Department of Adult Correction by the local or State contracting agency. (1975, c. 682, s. 3; 2011-145, s. 19.1(h), (i); 2017-186, s. 2(sssssss); 2021-180, s. 19C.9(o), (p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 3 - Labor of Prisoners. › § 148-28 - Sentencing prisoners to Central Prison; youthful offenders.

§ 148-28. Sentencing prisoners 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 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:
(1) The person was convicted of a capital felony; or
(2) He 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 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. (1933, c. 172, s. 7; 1971, c. 691; 1973, c. 1262, s. 10; 1977, c. 711, s. 27; 1977, 2nd Sess., c. 1147, s. 32; 2011-145, s. 19.1(h), (i); 2017-186, s. 2(ttttttt); 2021-180, s. 19C.9(o), (p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 3 - Labor of Prisoners. › § 148-31 - Maintenance of Central Prison; warden; powers and duties.

§ 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 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 of the prison not otherwise provided for in this Article. (1933, c. 172, s. 14.)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 3 - Labor of Prisoners. › § 148-32.2 - Community work crew fee.

§ 148-32.2. Community work crew fee.
The Division of Prisons of the Department of Adult Correction may charge a fee to any unit of local government to which it provides, upon request, a community work crew. The amount of the fee shall be no more than the cost to the Division to provide the crew to the unit of local government. (2009-451, s. 19.24; 2011-145, s. 19.1(h); 2014-100, s. 16C.2; 2017-186, s. 2(wwwwwww); 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 3 - Labor of Prisoners. › § 148-32.3 - Inmate Construction Program.

§ 148-32.3. Inmate Construction Program.
Notwithstanding any other provision of law, but subject to the provisions of this Article, the State Construction Office may utilize inmates in the custody of the Division of Prisons of the Department of Adult Correction through the Inmate Construction Program for repair and renovation projects on State-owned facilities, with priority given to Department of Adult Correction construction projects. State agencies utilizing the Inmate Construction Program shall reimburse the Division of Prisons of the Department of Adult Correction for the cost of transportation, custody, and wages for the inmate crews. (2020-78, s. 12.1; 2021-180, s. 19C.9(gggg).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 3 - Labor of Prisoners. › § 148-33 - Prison labor furnished other State agencies.

§ 148-33. Prison labor furnished other State agencies.
The Division of Prisons of the Department of Adult Correction may furnish to any of the other State departments, State institutions, or agencies, upon such conditions as may be agreed upon from time to time between the Division and the governing authorities of such Department, institution or agency, prison labor for carrying on any work where it is practical and desirable to use prison labor in the furtherance of the purposes of any State department, institution or agency, and such other employment as is now provided by law for inmates of the State's prison under the provisions of G.S. 148-6: Provided that such prisoners shall at all times be under the custody of and controlled by the duly authorized agent of such Division. Provided, further, that notwithstanding any provisions of law contained in this Article or in this Chapter, no prisoner or group of prisoners may be assigned to work in any building utilized by any State department, agency, or institution unless a duly designated custodial agent of the Secretary of the Department of Adult Correction is assigned to the building to maintain supervision and control of the prisoner or prisoners working there. (1933, c. 172, s. 30; 1957, c. 349, s. 10; 1961, c. 966; 1967, c. 996, ss. 13, 15; 1973, c. 1262, s. 10; 2007-398, s. 4; 2011-145, s. 19.1(h), (i); 2012-83, s. 61; 2017-186, s. 2(xxxxxxx); 2021-180, s. 19C.9(o), (p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 3 - Labor of Prisoners. › § 148-36 - Secretary of the Department of Adult Correction to control classification and operation of prison facilities.

§ 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 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 according to the nature of the offenses committed, the character and mental condition of the prisoners, 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 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 representative may designate any available facility appropriate for the individual in view of custodial and correctional considerations. (1931, c. 145, s. 28; c. 277, s. 8; 1933, c. 46, ss. 3, 4; c. 172, ss. 4, 17; 1943, c. 409; 1955, c. 238, s. 7; 1957, c. 349, s. 10; 1967, c. 996, s. 7; 1973, c. 1262, s. 10; 2011-145, s. 19.1(h), (i); 2012-83, s. 61; 2017-186, s. 2(zzzzzzz); 2021-180, s. 19C.9(o), (p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 3 - Labor of Prisoners. › § 148-37.1 - Prohibition on private prisons housing out-of-state inmates.

§ 148-37.1. Prohibition on private prisons housing out-of-state inmates.
(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 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 serving sentences for violation of federal law, but only to the extent that such facilities are not subject to restriction by the states under the provisions of the United States Constitution. (2000-67, s. 16.3(a).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 3 - Labor of Prisoners. › § 148-40 - Recapture of escaped prisoners.

§ 148-40. Recapture of escaped prisoners.
The rules and regulations for the government of the State prison system may provide for the recapture of convicts that may escape, or any convicts 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 reward or expense of recapture as the regulations may provide. Any citizen of North Carolina shall have authority to apprehend any convict who may escape before the expiration of the convict's term of imprisonment whether the convict be guilty of a felony or misdemeanor, and retain the convict in custody and deliver the convict to the Division of Prisons of the Department of Adult Correction. (1933, c. 172, s. 21; 1955, c. 238, s. 8; 1957, c. 349, s. 10; 1967, c. 996, s. 13; 2011-145, s. 19.1(h); 2012-83, s. 61; 2017-186, s. 2(cccccccc); 2021-180, s. 19C.9(hhhh).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 3 - Labor of Prisoners. › § 148-41 - Recapture of escaping prisoners; reward.

§ 148-41. Recapture of escaping prisoners; reward.
The Secretary of the Department of Adult Correction shall use every means possible to recapture, regardless of expense, any prisoners 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, together with such information as will aid in the recapture. The Governor may offer such rewards as he 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 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. (1873-4, c. 158, s. 13; Code, s. 3442; Rev., s. 5407; 1917, c. 236; c. 286, s. 13; C. S., ss. 7742, 7743; 1925, c. 163; 1933, c. 172, s. 18; 1935, c. 414, s. 16; 1943, c. 409; 1955, c. 238, s. 9; c. 279, s. 3; 1957, c. 349, s. 10; 1967, c. 996, ss. 13, 15; 1973, c. 1262, s. 10; 2011-145, s. 19.1(h), (i); 2012-83, s. 61; 2017-186, s. 2(dddddddd); 2021-180, s. 19C.9(o), (p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 3 - Labor of Prisoners. › § 148-44 - Separation as to sex.

§ 148-44. Separation as to sex.
The Department shall provide quarters for female prisoners separate from those for male prisoners. (1933, c. 172, s. 25; 1947, c. 262, s. 2; 1957, c. 349, s. 10; 1963, c. 1174, s. 2; 1985, c. 226, s. 3(3).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 3 - Labor of Prisoners. › § 148-46 - Degree of protection against violence allowed.

§ 148-46. Degree of protection against violence allowed.
(a) When any prisoner, or several combined shall offer violence to any officer, overseer, or correctional officer, or to any fellow prisoner, 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 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. (1933, c. 172, s. 27; 1975, c. 230; 2011-145, s. 19.1(i); 2016-77, s. 8(d); 2021-180, s. 19C.9(o).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 3 - Labor of Prisoners. › § 148-46.1 - Inflicting or assisting in infliction of self injury to prisoner resulting in incapacity to perform assigned duties.

§ 148-46.1. Inflicting or assisting in infliction of self injury to prisoner 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 by the Division of Prisons of the Department of Adult Correction, or any prisoner who aids or abets any other prisoner in the commission of such offense, shall be punished as a Class H felon. (1959, c. 1197; 1967, c. 996, s. 13; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c. 539, s. 1323; 1994, Ex. Sess., c. 24, s. 14(c); 1997-443, s. 19.25(v); 2011-145, s. 19.1(h); 2012-83, s. 61; 2017-186, s. 2(ffffffff); 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 3 - Labor of Prisoners. › § 148-46.2 - Procedure when consent is refused by prisoner.

§ 148-46.2. Procedure when consent is refused by prisoner.
When the Secretary of the Department of Adult Correction finds as a fact that the injury to any prisoner 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 and that the prisoner 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 consent was refused, and the findings have been reduced to writing and entered into the prisoner's records as a permanent part thereof, then the chief medical officer of the prison hospital or prison institution shall be authorized to give or withhold, on behalf of the prisoner, 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. (1959, c. 1196; 1967, c. 996, s. 15; 1969, c. 982; 1973, c. 1262, s. 10; 1981, c. 307, ss. 4-7, 9; 2004-203, s. 53(b); 2011-145, s. 19.1(i); 2021-180, s. 19C.9(o).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 3 - Labor of Prisoners. › § 148-47 - Disposition of child born of female prisoner.

§ 148-47. Disposition of child born of female prisoner.
Any child born of a female prisoner while she is in custody shall as soon as practicable be surrendered to the director of social services of the county wherein the child was born upon a proper order of the domestic relations court or juvenile court of said county affecting the custody of said 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 child shall be within the jurisdiction of the proper court of the county where the infant is residing at the time such proceeding is commenced or such order is sought: Provided, further, that nothing in this section shall affect the right of the mother to consent to the adoption of her child nor shall the right of the mother to place her child with the legal father or other suitable relative be affected by the provisions of this section. (1933, c. 172, s. 28; 1955, c. 1027; 1961, c. 186; 1969, c. 982.)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 3 - Labor of Prisoners. › § 148-48 - Parole powers of Parole Commission unaffected.

§ 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 under such conditions as it may impose or prevent the reimprisonment of such prisoners upon violation of the conditions of such parole, as now provided by law. (1933, c. 172, s. 29; 1955, c. 867, s. 8; 1973, c. 1262, s. 10.)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 3 - Labor of Prisoners. › § 148-49 - Prison indebtedness not assumed by Board of Transportation.

§ 148-49. Prison indebtedness not assumed by Board of Transportation.
The Board of Transportation shall not assume or pay off any part of the deficit of the State prison existing on March 22, 1933. (1933, c. 172, s. 33; 1973, c. 507, s. 5.)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 4 - Paroles. › § 148-52.1 - Prohibited political activities of member of Post-Release Supervision and Parole Commission.

§ 148-52.1. Prohibited political activities of member of Post-Release Supervision and Parole Commission.
No member of the Post-Release Supervision and Parole Commission shall be permitted to use his position to influence elections or the political action of any person, serve as a member of the campaign committee of any political party, interfere with or participate in the preparation for any election or the conduct thereof at the polling place, or be in any manner concerned in the demanding, soliciting or receiving of any assessments, subscriptions or contributions, whether voluntary or involuntary, to any political party. Any Post-Release Supervision and Parole Commission member who shall violate any of the provisions of this section shall be subject to dismissal from office. (1953, c. 17, s. 4; 1973, c. 1262, s. 10; 1981, c. 260; 1993, c. 538, s. 44; 1994, Ex. Sess., c. 24, s. 14(b).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 4 - Paroles. › § 148-53 - Investigators and investigations of cases of prisoners.

§ 148-53. Investigators and investigations of cases of prisoners.
For the purpose of investigating the cases of prisoners, the Division of Community Supervision and Reentry of the Department of Adult Correction is hereby authorized and empowered to appoint an adequate staff of competent investigators, particularly qualified for such work, with such reasonable clerical assistance as may be required, who shall, under the rules and regulations duly adopted by the Post-Release Supervision and Parole Commission, investigate all cases designated by it, investigate cases of prisoners eligible for post-release supervision, and otherwise aid the Commission in passing upon the question of the parole and post-release supervision of prisoners, to the end that every prisoner in the custodial care of the State may receive full, fair, and just consideration. (1935, c. 414, s. 3; 1955, c. 867, s. 2; 1973, c. 1262, s. 10; 1977, c. 704, s. 3; c. 711, s. 30; 1977, 2nd Sess., c. 1147, s. 32; 1993, c. 538, s. 45; 1994, Ex. Sess., c. 24, s. 14(b); 2011-145, s. 19.1(h); 2017-186, s. 2(gggggggg); 2021-180, s. 19C.9(t).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 4 - Paroles. › § 148-54 - Parole and post-release supervision supervisors provided for; duties.

§ 148-54. Parole and post-release supervision supervisors provided for; duties.
The Division of Community Supervision and Reentry of the Department of Adult Correction is hereby authorized to appoint a sufficient number of competent parole and post-release supervision supervisors, who shall be particularly qualified for and adapted for the work required of them, and who shall under the direction of the Division of Community Supervision and Reentry of the Department of Adult Correction, and under regulations prescribed by the Division of Community Supervision and Reentry of the Department of Adult Correction after consultation with the Commission, exercise supervision and authority over paroled prisoners and persons on post-release supervision, assist paroled prisoners and persons on post-release supervision, and those who are to be paroled or released for post-release supervision in finding and retaining self-supporting employment, and to promote rehabilitation work with paroled and post-release supervised prisoners, to the end that they may become law-abiding citizens. The supervisors shall also, under the direction of the Division of Community Supervision and Reentry of the Department of Adult Correction, maintain frequent contact with paroled and post-release supervised prisoners and find out whether or not they are observing the conditions of their paroles or post-release supervision, and assist them in every possible way toward compliance with the conditions, and they shall perform such other duties in connection with paroled prisoners as the Division of Community Supervision and Reentry of the Department of Adult Correction may require. The number of supervisors may be increased by the Division of Community Supervision and Reentry of the Department of Adult Correction as and when the number of paroled and post-release supervised prisoners to be supervised requires or justifies such increase. (1935, c. 414, s. 4; 1955, c. 867, s. 11; 1973, c. 1262, s. 10; 1977, c. 704, s. 4; 1993, c. 538, s. 46; 1994, Ex. Sess., c. 24, s. 14(b); 2011-145, s. 19.1(h); 2017-186, s. 2(hhhhhhhh); 2021-180, s. 19C.9(t).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 4 - Paroles. › § 148-56 - Assistance in supervision of parolees or post-release supervisees and preparation of case histories.

§ 148-56. Assistance in supervision of parolees or post-release supervisees and preparation of case histories.
Upon request by the Post-Release Supervision and Parole Commission, the county directors of social services shall assist in the supervision of parolees and shall prepare and submit to the Post-Release Supervision and Parole Commission case histories or other information in connection with any case under consideration for parole or some form of executive clemency. (1935, c. 414, s. 6; 1955, c. 867, s. 9; 1961, c. 186; 1969, c. 982; 1973, c. 1262, s. 10; 1993, c. 538, s. 47; 1994, Ex. Sess., c. 24, s. 14(b).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 4 - Paroles. › § 148-57 - Rules and regulations for parole consideration.

§ 148-57. Rules and regulations for parole consideration.
The Post-Release Supervision and Parole Commission is hereby authorized and empowered to set up and establish rules and regulations in accordance with which prisoners eligible for parole consideration may have their cases reviewed and by which such proceedings may be initiated and considered. That the rules and regulations shall include but not be limited to, a plan whereby the Post-Release Supervision and Parole Commission may determine parole eligibility, and, when eligibility is so approved, provide for parole of a prisoner to a plan approved by the Secretary of the Department of Adult Correction. (1935, c. 414, s. 7; 1955, c. 867, s. 4; 1973, c. 1262, s. 10; 1977, c. 704, s. 2; 1993, c. 538, s. 48; 1994, Ex. Sess., c. 24, s. 14(b); 2011-145, s. 19.1(i); 2021-180, s. 19C.9(o).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 4 - Paroles. › § 148-59 - Duties of clerks of superior courts as to commitments; statements filed with Division of Prisons of the Department of Adult Correction.

§ 148-59. Duties of clerks of superior courts as to commitments; statements filed with Division of Prisons of the Department of Adult Correction.
The several clerks of the superior courts shall attach to the commitment of each prisoner sentenced in such courts a statement furnishing such information as the Post-Release Supervision and Parole Commission shall by regulations prescribe, which information shall contain, among other things, the following:
(1) The court in which the prisoner was tried;
(2) The name of the prisoner and of all codefendants;
(3) The date or session when the prisoner was tried;
(4) The offense with which the prisoner was charged and the offense for which convicted;
(5) The judgment of the court and the date of the beginning of the sentence;
(6) The name and address of the presiding judge;
(7) The name and address of the prosecuting solicitor;
(8) The name and address of private prosecuting attorney, if any;
(9) The name and address of the arresting officer;
(10) All available information of the previous criminal record of the prisoner; and
(11) For all Class G or more serious felonies, the names and addresses of the following persons, where the presiding judge makes a finding of such facts:
a. Any victims of the offense for which the prisoner was convicted;
b. The parent or legal guardian of any minor victims of the offense for which the prisoner was convicted; and
c. The next of kin of any homicide victims of the offense for which the prisoner was convicted.
The prison authorities receiving the prisoner for the beginning of the service of sentence shall detach from the commitment the statement furnishing such information and forward it to the Division of Prisons of the Department of Adult Correction, together with any additional information in the possession of such prison authorities relating to the previous criminal record of such prisoner, and the information thus furnished shall constitute the foundation and file of the prisoner's case. Forms for furnishing the information required by this section shall, upon request, be furnished to the said clerks by the Division of Prisons of the Department of Adult Correction without charge. (1935, c. 414, s. 9; 1953, c. 17, s. 2; 1955, c. 867, s. 12; 1957, c. 349, s. 10; 1967, c. 996, s. 13; 1973, c. 108, s. 90; c. 1262, s. 10; 1993, c. 538, s. 50; 1994, Ex. Sess., c. 12, s. 2; c. 24, s. 14(b); 2011-145, s. 19.1(h); 2012-83, s. 61; 2017-186, s. 2(iiiiiiii); 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 4 - Paroles. › § 148-60.1 - Allowances for paroled prisoner and prisoner on post-release supervision.

§ 148-60.1. Allowances for paroled prisoner and prisoner on post-release supervision.
Upon the release of any prisoner upon parole or post-release supervision, the superintendent or warden of the institution shall provide the prisoner with suitable clothing and, if needed, an amount of money sufficient to purchase transportation to the place within the State where the prisoner is to reside. The Post-Release Supervision and Parole Commission may, in its discretion, provide that the prisoner shall upon his release on parole or post-release supervision receive a sum of money of at least forty-five dollars ($45.00). (1953, c. 17, s. 8; 1973, c. 1262, s. 10; 1987 (Reg. Sess., 1988), c. 1086, s. 120(b); 1993, c. 538, s. 51; 1994, Ex. Sess., c. 24, s. 14(b).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 4 - Paroles. › § 148-62.1 - Entitlement of indigent parolee and post-release supervisee to counsel, in discretion of Post-Release Supervision and Parole Commission.

§ 148-62.1. Entitlement of indigent parolee and post-release supervisee to counsel, in discretion of Post-Release Supervision and Parole Commission.
Any parolee or post-release supervisee who is an indigent under the terms of G.S. 7A-450(a) may be determined entitled, in the discretion of the Post-Release Supervision and Parole Commission, to the services of counsel at State expense at a parole revocation hearing at which either:
(1) The parolee or post-release supervisee claims not to have committed the alleged violation of the parole or post-release supervision conditions; or
(2) The parolee or post-release supervisee claims there are substantial reasons which justified or mitigated the violation and make revocation inappropriate, even if the violation is a matter of public record or is uncontested, and that the reasons are complex or otherwise difficult to develop or present; or
(3) The parolee or post-release supervisee is incapable of speaking effectively for himself;
and where the Commission feels, on a case by case basis, that such appointment in accordance with either (1), (2) or (3) above is necessary for fundamental fairness.
If the parolee or post-release supervisee is determined to be indigent and entitled to services of counsel, counsel shall be appointed in accordance with rules adopted by the Office of Indigent Defense Services. (1973, c. 1116, s. 2; 1993, c. 538, s. 52; 1994, Ex. Sess., c. 24, s. 14(b); 2000-144, s. 45.)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 4 - Paroles. › § 148-63 - Arrest powers of police officers.

§ 148-63. Arrest powers of police officers.
Any officer who is authorized to make arrests of fugitives from justice shall have full authority and power to arrest any parolee whose parole has been revoked or any post-release supervisee who has been revoked. (1935, c. 414, s. 13; 1993, c. 538, s. 53; 1994, Ex. Sess., c. 24, s. 14(b).)