reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 4 - Paroles. › § 148-64 - Cooperation of prison and parole officials and employees.

§ 148-64. Cooperation of prison and parole officials and employees.
The officials and employees of the Division of Prisons of the Department of Adult Correction and the Post-Release Supervision and Parole Commission shall at all times cooperate with and furnish each other such information and assistance as will promote the purposes of this Chapter and the purposes for which these agencies were established. The Commission shall have free access to all prisoners. (1935, c. 414, s. 14; 1955, c. 867, s. 7; 1967, c. 996, ss. 11, 15; 1973, c. 1262, s. 10; 1993, c. 538, s. 54; 1994, Ex. Sess., c. 24, s. 14(b); 2011-145, s. 19.1(h); 2017-186, s. 2(jjjjjjjj); 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 4B - Interstate Compact for Adult Offender Supervision. › § 148-65.4 - Short title.

§ 148-65.4. Short title.
This Article may be cited as "The Interstate Compact for Adult Offender Supervision." (2002-166, s. 1; 2008-189, s. 1.)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 4B - Interstate Compact for Adult Offender Supervision. › § 148-65.6 - Implementation of the compact.

§ 148-65.6. Implementation of the compact.
(a) The North Carolina State Council for Interstate Adult Offender Supervision shall be established, consisting of 14 members. North Carolina's Commissioner to the Interstate Compact Commission is a member of the State Council and serves as chair of the State Council. The remaining members of the State Council shall consist of the following:
(1) One member representing the executive branch, to be appointed by the Governor;
(2) One member from a victim's assistance group, to be appointed by the Governor;
(3) One at-large member, to be appointed by the Governor;
(4) One member of the Senate, to be appointed by the President Pro Tempore of the Senate;
(5) One member of the House of Representatives, to be appointed by the Speaker of the House of Representatives;
(6) A superior court judge, to be appointed by the Chief Justice of the Supreme Court;
(6a) A district court judge, to be appointed by the Chief Justice of the Supreme Court;
(7) Four members representing the Division of Community Supervision and Reentry, to be appointed by the Director of the Division of Community Supervision and Reentry;
(8) A district attorney, to be appointed by the Governor; and
(9) A sheriff, to be appointed by the Governor.
(a1) The Governor, in consultation with the legislature and judiciary, shall appoint the Compact Administrator. The Compact Administrator shall be appointed by the State Council as North Carolina's Commissioner to the Interstate Compact Commission.
(b) The State Council shall meet at least twice a year and may also hold special meetings at the call of the chairperson. All terms are for three years.
(c) The State Council may advise the Compact Administrator on participation in the Interstate Commission activities and administration of the compact.
(d) The members of the State Council shall serve without compensation but shall be reimbursed for necessary travel and subsistence expenses in accordance with the policies of the Office of State Budget and Management.
(e) The State Council shall act in an advisory capacity to the Secretary of the Department of Adult Correction concerning this State's participation in Interstate Commission activities and other duties as may be determined by each member state, including recommendations for policy concerning the operations and procedures of the compact within this State.
(f) The Governor shall by executive order provide for any other matters necessary for implementation of the compact at the time that it becomes effective, and, except as otherwise provided for in this section, the State Council may promulgate rules or regulations necessary to implement and administer the compact. (2002-166, s. 1; 2008-189, s. 1; 2011-145, s. 19.1(i), (k); 2017-186, s. 2(llllllll); 2021-180, s. 19C.9(o), (v).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 4B - Interstate Compact for Adult Offender Supervision. › § 148-65.7 - Fees.

§ 148-65.7. Fees.
(a) Persons convicted in this State who make a request for transfer to another state pursuant to the compact shall pay a transfer application of two hundred fifty dollars ($250.00) for each transfer application submitted. The transfer application fee shall be paid to the Compact Commissioner upon submission of the transfer application. The Commissioner or the Commissioner's designee may waive the application fee if either the Commissioner or the Commissioner's designee finds that payment of the fee will constitute an undue economic burden on the offender.
All fees collected pursuant to this section shall be deposited in the Interstate Compact Fund and shall be used only to support administration of the Interstate Compact.
The Interstate Compact Fund is established within the Division of Community Supervision and Reentry of the Department of Adult Correction as a nonreverting, interest-bearing special revenue account. Accordingly, revenue in the Fund at the end of a fiscal year does not revert, and interest and other investment income earned by the Fund shall be credited to it. All moneys collected by the Division of Community Supervision and Reentry of the Department of Adult Correction pursuant to this subsection shall be remitted to the State Treasurer to be deposited and held in this Fund. Moneys in the Fund shall be used to supplement funds otherwise available to the Division of Community Supervision and Reentry of the Department of Adult Correction for the administration of the Interstate Compact.
(b) Persons supervised in this State pursuant to this compact shall pay the supervision fee specified in G.S. 15A-1374(c). The fee shall be paid to the clerk of court in the county in which the person initially receives supervision services in this State. The Commissioner or the Commissioner's designee may waive the fee if either the Commissioner or the Commissioner's designee finds that payment of the fee will constitute an undue economic burden on the offender. (2002-166, s. 1; 2008-189, s. 1; 2011-145, ss. 19.1(h), 31.25; 2017-186, s. 2(mmmmmmmm); 2021-180, s. 19C.9(t).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 4B - Interstate Compact for Adult Offender Supervision. › § 148-65.9 - North Carolina sentence to be served in another jurisdiction.

§ 148-65.9. North Carolina sentence to be served in another jurisdiction.
The Post-Release Supervision and Parole Commission, with the concurrence of the Secretary of the Department of Adult Correction, may direct that the balance of any sentence imposed by the courts of this State shall be served concurrently with a sentence or sentences in another state or federal institution and may effect a transfer of custody of such individual to the other jurisdiction for such purpose. In the event the individual's sentence liability in the other jurisdiction terminates prior to the expiration of the individual's North Carolina sentence, the individual shall be either paroled (if eligible) or returned to the prison department of this State, in the discretion of the Post-Release Supervision and Parole Commission. (2002-166, s. 1; 2011-145, s. 19.1(i); 2021-180, s. 19C.9(o).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 5 - Farming Out Convicts. › § 148-66 - Cities and towns and Department of Agriculture and Consumer Services may contract for prison labor.

§ 148-66. Cities and towns and Department of Agriculture and Consumer Services may contract for prison labor.
The corporate authorities of any city or town may contract in writing with the Division of Prisons of the Department of Adult Correction for the employment of convicts upon the highways or streets of such city or town, and such contracts when so exercised shall be valid and enforceable against such city or town, and the Attorney General may prosecute an action in the Superior Court of Wake County in the name of the State for their enforcement.
The Department of Agriculture and Consumer Services is hereby authorized and empowered to contract, in writing, with the Division of Prisons of the Department of Adult Correction for the employment and use of convicts under its supervision to be worked on the State test farms and/or State experimental stations. (1881, c. 127, s. 1; Code, s. 3449; Rev., s. 5410; C.S., s. 7758; 1925, c. 163; 1931, c. 145, s. 35; 1933, c. 172, s. 18; 1943, c. 605, s. 1; 1957, c. 349, s. 10; 1967, c. 996, s. 13; 1985, c. 226, s. 10(1); 1997-261, s. 106; 2011-145, s. 19.1(h); 2012-83, s. 61; 2017-186, s. 2(nnnnnnnn); 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 5 - Farming Out Convicts. › § 148-67 - Hiring to cities and towns and State Department of Agriculture and Consumer Services.

§ 148-67. Hiring to cities and towns and State Department of Agriculture and Consumer Services.
The Division of Prisons of the Department of Adult Correction shall in their discretion, upon application to them, hire to the corporate authorities of any city or town for the purposes specified in G.S. 148-66, such convicts as are mentally and physically capable of performing the work or labor contemplated and are not at the time of such application hired or otherwise engaged in labor under the direction of the Division; but the convicts so hired for services shall be fed, clothed and quartered while so employed by the Division.
Upon application to it, it shall be the duty of the Division of Prisons of the Department of Adult Correction, in its discretion, to hire to the Department of Agriculture and Consumer Services for the purposes of working on the State test farms and/or State experimental stations, such convicts as may be mentally and physically capable of performing the work or labor contemplated; but the convicts so hired for services under this paragraph shall be fed, clothed and quartered while so employed by the Division of Prisons of the Department of Adult Correction. (1881, c. 127, s. 2; Code, s. 3450; Rev., s. 5411; C.S., s. 7759; 1925, c. 163; 1931, c. 145, s. 35; 1933, c. 172, s. 18; 1943, c. 605, s. 2; 1957, c. 349, s. 10; 1967, c. 996, s. 13; 1985, c. 226, s. 10(2); 1997-261, s. 107; 2011-145, s. 19.1(h); 2012-83, s. 61; 2017-186, s. 2(oooooooo); 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 5 - Farming Out Convicts. › § 148-68 - Payment of contract price; interest; enforcement of contracts.

§ 148-68. Payment of contract price; interest; enforcement of contracts.
The corporate authorities of any city or town so hiring convicts shall pay into the treasury of the State for the labor of any convict so hired such sum or sums of money at such time or times as may be agreed upon in the contract of hire; and if any such city or town fails to pay the State money due for such hiring, the same shall bear interest from the time it is due until paid at the rate of six percent (6%) per annum; and an action to recover the same may be instituted by the Attorney General in the name of the State in the courts of Wake County. (1881, c. 127, s. 3; Code, s. 3451; Rev., s. 5412; C.S., s. 7760; 1925, c. 163; 1931, c. 145, s. 35.)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 5 - Farming Out Convicts. › § 148-69 - Agents; levy of taxes; payment of costs and expenses.

§ 148-69. Agents; levy of taxes; payment of costs and expenses.
The corporate authorities of any city or town so hiring convicts may appoint and remove at will all such necessary agents to superintend the construction or improvement of such highways and streets as they may deem proper, or to pay the costs and expenses incident to such hiring may levy taxes and raise money as in other respects. (1881, c. 127, s. 4; Code, s. 3452; Rev., s. 5413; C. S., s. 7761; 1925, c. 163; 1931, c. 145, s. 35.)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 5 - Farming Out Convicts. › § 148-70 - Management and care of inmates.

§ 148-70. Management and care of inmates.
The Division of Prisons of the Department of Adult Correction in all contracts for labor shall provide for feeding and clothing the inmates and shall maintain, control and guard the quarters in which the inmates live during the time of the contracts; and the Division shall provide for the guarding and working of such inmates under its sole supervision and control. The Division may make such contracts for the hire of the inmates confined in the State prison as may in its discretion be proper. (1917, c. 286, s. 2; 1919, c. 80, s. 1; C.S., s. 7762; 1925, c. 163; 1931, c. 145, s. 35; 1933, c. 172, s. 18; 1957, c. 349, s. 10; 1959, c. 170, s. 2; 1967, c. 996, s. 13; 1975, c. 730, s. 1; 1983, c. 717, s. 14; 1985, c. 118; c. 226, s. 11; 1991 (Reg. Sess., 1992), c. 902, s. 2; 2007-280, s. 4; 2011-145, s. 19.1(h); 2012-83, s. 61; 2017-186, s. 2(pppppppp); 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 7 - Records, Statistics, Research and Planning. › § 148-74 - Records Section.

§ 148-74. Records Section.
Case records and related materials compiled for the use of the Secretary of the Department of Adult Correction and the Parole Commission shall be maintained in a single central file system designed to minimize duplication and maximize effective use of such records and materials. When an individual is committed to the State prison system after a period on probation, the probation files on that individual shall be made a part of the combined files used by the Division of Prisons of the Department of Adult Correction and the Parole Commission. The administration of the Records Section shall be under the control and direction of the Secretary of the Department of Adult Correction. (1925, c. 228, s. 1; 1953, c. 55, ss. 2, 4; 1967, c. 996, s. 12; 1973, c. 1262, s. 10; 1985, c. 226, s. 12; 2011-145, s. 19.1(h), (i); 2017-186, s. 2(qqqqqqqq); 2021-180, s. 19C.9(o), (p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 7 - Records, Statistics, Research and Planning. › § 148-76 - Duties of Records Section.

§ 148-76. Duties of Records Section.
The Records Section shall maintain the combined case records and receive and collect fingerprints, photographs, and other information to assist in locating, identifying, and keeping records of criminals. The information collected shall be classified, compared, and made available to law-enforcement agencies, courts, correctional agencies, or other officials requiring criminal identification, crime statistics, and other information respecting crimes and criminals. (1925, c. 228, s. 3; 1953, c. 55, s. 4; 1967, c. 996, s. 12.)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 7 - Records, Statistics, Research and Planning. › § 148-78 - Reports.

§ 148-78. Reports.
The Secretary of the Department of Adult Correction may prepare and release reports on the work of the Division of Prisons of the Department of Adult Correction, including statistics and other data, accounts of research, and recommendations for legislation. (1925, c. 228, s. 5; 1953, c. 55, s. 4; 1967, c. 996, s. 12; 1973, c. 1262, s. 10; 2011-145, s. 19.1(h), (i); 2017-186, s. 2(rrrrrrrr); 2021-180, s. 19C.9(o), (p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 7 - Records, Statistics, Research and Planning. › § 148-80 - Seal of Records Section; certification of records.

§ 148-80. Seal of Records Section; certification of records.
A seal shall be provided to be affixed to any paper, record, copy or form or true copy of any of the same in the files or records of the Records Section, and when so certified under seal by the duly appointed custodian, such record or copy shall be admitted as evidence in any court of the State. (1925, c. 228, s. 7; 1953, c. 55, s. 4; 1967, c. 996, s. 12.)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 8 - Compensation to Persons Erroneously Convicted of Felonies. › § 148-82 - Provision for compensation.

§ 148-82. Provision for compensation.
(a) Any person who, having been convicted of a felony and having been imprisoned therefor in a State prison of this State, and who was thereafter or who shall hereafter be granted a pardon of innocence by the Governor upon the grounds that the crime with which the person was charged either was not committed at all or was not committed by that person, may as hereinafter provided present by petition a claim against the State for the pecuniary loss sustained by the person through his or her erroneous conviction and imprisonment, provided the petition is presented within five years of the granting of the pardon.
(b) Any person who, having been convicted of a felony after pleading not guilty or nolo contendere and having been imprisoned therefor in a State prison of this State, and who is determined to be innocent of all charges and against whom the charges are dismissed pursuant to G.S. 15A-1469 may as hereinafter provided present by petition a claim against the State for the pecuniary loss sustained by the person through his or her erroneous conviction and imprisonment, provided the petition is presented within five years of the date that the dismissal of the charges is entered by the three-judge panel under G.S. 15A-1469. (1947, c. 465, s. 1; 1997-388, s. 1; 2010-171, s. 3; 2012-7, s. 11.)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 8 - Compensation to Persons Erroneously Convicted of Felonies. › § 148-83 - Form, requisites and contents of petition; nature of hearing.

§ 148-83. Form, requisites and contents of petition; nature of hearing.
Such petition shall be addressed to the Industrial Commission, and must include a full statement of the facts upon which the claim is based, verified in the manner provided for verifying complaints in civil actions, and it may be supported by affidavits substantiating such claim. Upon its presentation the Industrial Commission shall fix a time and a place for a hearing, and shall mail notice to the claimant, and shall notify the Attorney General, at least 15 days before the time fixed therefor. (1947, c. 465, s. 2; 1963, c. 1174, s. 4; 1973, c. 1262, s. 10; 1997-388, s. 2.)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 10 - Interstate Agreement on Detainers. › § 148-89 through 148-95 - Transferred to §§ 15A-761 to 15A-767 by Session Laws 1973, c1286, s22, as amended by Session Laws 1975, c573.

Article 10.
Interstate Agreement on Detainers.
§§ 148-89 through 148-95. Transferred to §§ 15A-761 to 15A-767 by Session Laws 1973, c. 1286, s. 22, as amended by Session Laws 1975, c. 573.
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 11A - Corrections Administrative Remedy Procedure. › § 148-118.1 - Authority.

§ 148-118.1. Authority.
The Division of Prisons of the Department of Adult Correction shall adopt an Administrative Remedy Procedure in compliance with 42 U.S.C. 1997, the "Civil Rights of Institutionalized Persons Act". The Administrative Remedy Procedure and any amendments or changes thereto shall be adopted only after prior consultation with the Grievance Resolution Board. (1987, c. 746, s. 2; 2011-145, s. 19.1(h); 2017-186, s. 2(ssssssss); 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 11A - Corrections Administrative Remedy Procedure. › § 148-118.2 - Effect.

§ 148-118.2. Effect.
(a) Upon approval of the Administrative Remedy Procedure by a federal court as authorized and required by 42 U.S.C. 1997(e)(a), and the implementation of the procedure, this procedure shall constitute the administrative remedies available to a prisoner for the purpose of preserving any cause of action under the purview of the Administrative Remedy Procedure, which a prisoner may claim to have against the State of North Carolina, the Division of Prisons of the Department of Adult Correction, or its employees.
(b) No State court shall entertain a prisoner's grievance or complaint which falls under the purview of the Administrative Remedy Procedure unless and until the prisoner shall have exhausted the remedies as provided in said procedure. If the prisoner has failed to pursue administrative remedies through this procedure, any petition or complaint he files shall be stayed for 90 days to allow the prisoner to file a grievance and for completion of the procedure. If at the end of 90 days the prisoner has failed to timely file his grievance, then the petition or complaint shall be dismissed. Provided, however, that the court can waive the exhaustion requirement if it finds such waiver to be in the interest of justice. (1987, c. 746, s. 2; 2011-145, s. 19.1(h); 2017-186, s. 2(tttttttt); 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 11A - Corrections Administrative Remedy Procedure. › § 148-118.4 - Definitions.

§ 148-118.4. Definitions.
For purposes of this Article, "prisoner" shall refer to all prisoners in the physical custody of the Division of Prisons of the Department of Adult Correction. (1987, c. 746, s. 2; 2011-145, s. 19.1(h); 2017-186, s. 2(uuuuuuuu); 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 11A - Corrections Administrative Remedy Procedure. › § 148-118.5 - Records confidentiality.

§ 148-118.5. Records confidentiality.
All reports, investigations, and like supporting documents prepared by the Division for purposes of responding to the prisoner's request for an administrative remedy shall be deemed to be confidential. All formal written responses to the prisoner's request shall be furnished to the prisoner as a matter of course as required by the procedure. The Grievance Resolution Board shall have access to all relevant records developed by the Division of Prisons of the Department of Adult Correction. (1987, c. 746, s. 2; 2011-145, s. 19.1(h); 2017-186, s. 2(vvvvvvvv); 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 11A - Corrections Administrative Remedy Procedure. › § 148-118.6 - Grievance Resolution Board.

§ 148-118.6. Grievance Resolution Board.
The Grievance Resolution Board is established as a separate agency within the Department of Adult Correction. It shall consist of five members appointed by the Governor to serve four-year terms. Of the members so appointed, three shall be attorneys selected from a list of 10 persons recommended by the Council of the North Carolina State Bar. The remaining two members shall be persons of knowledge and experience in one or more fields under the jurisdiction of the Secretary of the Department of Adult Correction. In the event a vacancy occurs on the Board prior to the expiration of a member's term, the Governor shall appoint a new Board member to serve the unexpired term. If the vacancy occurs in one of the positions designated for an attorney, the Governor shall select another attorney from a list of five persons recommended by the Council of the North Carolina State Bar. The Board shall perform those functions assigned to it by the Governor and shall review the grievance procedure. The Grievance Resolution Board shall meet not less then quarterly to review summaries of grievances. All members of the Inmate Grievance Commission, appointed by the Governor pursuant to G.S. 148-101, may complete their terms as members of the Board. Each member of the Board shall receive per diem and travel expenses as authorized for members of State commissions and boards under G.S. 138-5. (1987, c. 746, s. 2; 2011-145, s. 19.1(h), (i); 2017-186, s. 2(wwwwwwww); 2021-180, s. 19C.9(iiii).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 11A - Corrections Administrative Remedy Procedure. › § 148-118.7 - Removal of members.

§ 148-118.7. Removal of members.
The Governor may remove any member of the Grievance Resolution Board for one or more of the following reasons:
(1) Conviction of a crime involving moral turpitude or of any criminal offense the effect of which is to prevent or interfere with the performance of Board duties.
(2) Failure to regularly attend meetings of the Board.
(3) Failure to carry out duties assigned by the Board or its chairman.
(4) Acceptance of another office or the conduct of other business conflicting with or tending to conflict with the performance of Board duties.
(5) Any other ground that, under law, necessitates or justifies the removal of a State employee. (1987, c. 746, s. 2.)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 11A - Corrections Administrative Remedy Procedure. › § 148-118.8 - Appointment, salary, and authority of Executive Director and inmate grievance examiners.

§ 148-118.8. Appointment, salary, and authority of Executive Director and inmate grievance examiners.
(a) The Grievance Resolution Board, in consultation with the Secretary of the Department of Adult Correction, shall provide the Governor with at least three nominees, and the Governor shall appoint an Executive Director from those nominees. The Grievance Resolution Board shall appoint grievance examiners. The Executive Director shall manage the staff and perform such other functions as are assigned to the Director by the Grievance Resolution Board. The Executive Director shall serve at the pleasure of the Governor. The grievance examiners shall serve at the pleasure of the Grievance Resolution Board. The grievance examiners shall be subject to Article 2 of Chapter 126 of the North Carolina General Statutes for purposes of salary and leave. Support staff, equipment, and facilities for the Board shall be provided by the Department of Adult Correction.
(b) The inmate grievance examiners shall investigate inmate grievances pursuant to the procedures established by the Administrative Remedy Procedure. Examiners shall attempt to resolve grievances through mediation with all parties. Otherwise, the inmate grievance examiners shall either (i) order such relief as is appropriate; or (ii) deny the grievance. The decision of the grievance examiner shall be binding, unless the Secretary of the Department of Adult Correction (i) finds that such relief is not appropriate, (ii) gives a written explanation for this finding, and (iii) makes an alternative order of relief or denies the grievance. (1987, c. 746, s. 2; 2011-145, s. 19.1(h), (i); 2013-382, s. 9.1(c); 2015-241, s. 16C.13B(a); 2017-186, s. 2(xxxxxxxx); 2021-180, s. 19C.9(jjjj).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 11A - Corrections Administrative Remedy Procedure. › § 148-118.9 - Investigatory power of the Grievance Resolution Board.

§ 148-118.9. Investigatory power of the Grievance Resolution Board.
The Secretary of the Department of Adult Correction may request that the Grievance Resolution Board investigate matters involving broad policy concerns. The Grievance Resolution Board may convene a fact-finding hearing to consider the issues presented for investigation. A record of testimony presented at such hearing shall be maintained by the Board. The Board shall report the findings of its investigation to the Secretary within a reasonable time. In no event shall such a request on the part of the Secretary result in a delay of the resolution of an inmate's grievance beyond the 90 day period. (1987, c. 746, s. 2; 2011-145, s. 19.1(i); 2021-180, s. 19C.9(o).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 12 - Interstate Corrections Compact. › § 148-121 - Proceedings to be open; all documents public records; exception.

§ 148-121. Proceedings to be open; all documents public records; exception.
(a) Except as provided in subsection (c) of this section, at least 30 days before a transfer of a North Carolina inmate to another state system pursuant to this Article is approved, the Secretary of the Department of Adult Correction shall give notice that the transfer is being considered. The Secretary shall give notice of the proposed transfer by:
(1) Notifying the district attorney of the district where the prisoner was convicted, the judge who presided at the prisoner's trial, the law-enforcement agency that arrested the prisoner, and the victim of the prisoner's crime;
(2) Posting notice at the courthouse in the county in which the prisoner was convicted; and
(3) Notifying any other person who has made a written request to receive notice of a transfer of the prisoner.
(b) Except as provided in subsection (c) of this section, all written comments regarding a transfer are public records under General Statutes Chapter 132.
(c) If, in the discretion of the Secretary, such notice or disclosure requirements provided for in this section would jeopardize the safety of persons or property, the provisions of this section do not apply. (1983, c. 874, s. 1; 2011-145, s. 19.1(i); 2021-180, s. 19C.9(o).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 13 - Transfer of Convicted Foreign Citizens Under Federal Treaty. › § 148-122 - Transfer of convicted foreign citizens under treaty; consent by Governor.

§ 148-122. Transfer of convicted foreign citizens under treaty; consent by Governor.
If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which the offenders are citizens or nationals, the Governor may, on behalf of the State and subject to the terms of the treaty, authorize the Secretary of the Department of Adult Correction to consent to the transfer or exchange of offenders and take any other action necessary to initiate the participation of the State in the treaty. (2002-166, s. 4; 2011-145, s. 19.1(i); 2021-180, s. 19C.9(o).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 14 - Correction Enterprises. › § 148-128 - Authorization for Correction Enterprises.

§ 148-128. Authorization for Correction Enterprises.
The Division of Correction Enterprises is established as a division of the Department of Adult Correction. The Division of Correction Enterprises may develop and operate industrial, agricultural, and service enterprises that employ incarcerated offenders in an effort to provide them with meaningful work experiences and rehabilitative opportunities that will increase their employability upon release from prison. Enterprises operated under this Article shall be known as "Correction Enterprises." (2007-280, s. 1; 2011-145, s. 19.1(h), (j); 2017-186, ss. 2(yyyyyyyy), 3(a); 2021-180, s. 19C.9(kkkk).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 14 - Correction Enterprises. › § 148-129 - Purposes of Correction Enterprises.

§ 148-129. Purposes of Correction Enterprises.
Correction Enterprises shall serve all of the following purposes to:
(1) Provide incarcerated offenders a work and training environment that emulates private industry.
(2) Provide incarcerated offenders with training opportunities that allow them to increase work skills and employability upon release from prison.
(3) Provide quality goods and services.
(4) Aid victims by contributing a portion of its proceeds to the Crime Victims Compensation Fund.
(5) Generate sufficient funds from the sale of goods and services to be a self-supporting operation. (2007-280, s. 1.)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 14 - Correction Enterprises. › § 148-130 - Correction Enterprises Fund.

§ 148-130. Correction Enterprises Fund.
(a) All revenues from the sale of articles and commodities manufactured or produced by Correction Enterprises shall be deposited with the State Treasurer to be kept and maintained as a special revolving working-capital fund designated "Correction Enterprises Fund."
(b) Revenue in the Correction Enterprises Fund shall be applied first to capital and operating expenditures, including salaries and wages of personnel necessary to develop and operate Correction Enterprises and incentive wages for inmates employed by Correction Enterprises or participating in work assignments established by the Division of Prisons. Of the remaining revenue in the Fund, five percent (5%) of the net proceeds, before expansion costs, shall be credited to the Crime Victims Compensation Fund established in G.S. 15B-23 as soon as practicable after net proceeds have been determined for the previous year. At the direction of the Governor, the remainder shall be used for other purposes within the State prison system or shall be transferred to the General Fund.
(c) The Correction Enterprises Fund shall be the source of all incentive wages and allowances paid to inmates employed by Correction Enterprises and inmates participating in work assignments established by the Division of Prisons. (2007-280, s. 1; 2011-145, s. 19.1(j); 2017-186, s. 2(zzzzzzzz); 2021-180, s. 19C.9(r).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 14 - Correction Enterprises. › § 148-131 - Powers and responsibilities.

§ 148-131. Powers and responsibilities.
In order to fulfill the purposes set forth in G.S. 148-129, the Division of Correction Enterprises of the Department of Adult Correction is authorized and empowered to take all actions necessary in the operation of its enterprises, including any of the following actions to:
(1) Develop and operate industrial, agricultural, and service enterprises either within prison facilities or outside the prison facilities.
(2) Plan and establish new industrial, agricultural, and service enterprises so long as any new enterprise is specifically approved by the Governor as required by G.S. 66-58(f).
(3) Employ inmates and any other personnel that may be necessary in the operation of Correction Enterprises.
(4) Expand, diminish, or discontinue any enterprise operating under its authority.
(5) Purchase any machinery, equipment, materials, and supplies required in the operation of its enterprises.
(6) Market and sell the goods and services produced by Correction Enterprises.
(7) Determine the prices at which products and services produced by inmate labor shall be sold.
(8) Execute and enter into contracts.
(9) Establish and operate an enterprise that complies with all applicable federal laws and guidelines required by the federal Prison Industry Enhancement Certification Program (Justice Assistance Act of 1984: Public Law 98-473, Section 819).
(10) Establish policies and procedures regarding the operation of Correction Enterprises.
(11) Take any action necessary and appropriate for the effective operation of its enterprises, so long as that action complies with applicable State and federal laws. (2007-280, s. 1; 2011-145, s. 19.1(j); 2017-186, s. 2(aaaaaaaaa); 2021-180, s. 19C.9(llll).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 14 - Correction Enterprises. › § 148-132 - Distribution of products and services.

§ 148-132. Distribution of products and services.
The Division of Correction Enterprises of the Department of Adult Correction is empowered and authorized to market and sell products and services produced by Correction Enterprises to any of the following entities:
(1) Any public agency or institution owned, managed, or controlled by the State.
(2) Any county, city, or town in this State.
(3) Any federal, state, or local public agency or institution in any state of the union.
(4) An entity or organization that has tax-exempt status pursuant to section 501(c)(3) of the Internal Revenue Code. Products purchased by an entity pursuant to this subdivision may not be resold.
(5) Any current employee or retiree of the State of North Carolina, member, employee, or retiree of the North Carolina National Guard, or of a unit of local government of this State, verified through federal or State-issued identification, or through proof of retirement status, but purchases by a State employee or retiree, National Guard member, employee, or retiree, or local governmental employee or retiree may not exceed two thousand five hundred dollars ($2,500) during any calendar year. Products purchased by State employees or retirees, National Guard members, employees or retirees, and local governmental employees and retirees under this section may not be resold.
(5a) Any individual currently incarcerated within a Department of Adult Correction facility.
(6) Private contractors when the goods purchased will be used to perform work under a contract with a public agency. (2007-280, s. 1; 2009-451, s. 19.16; 2011-145, ss. 18.14, 19.1(j); 2013-289, s. 6; 2017-154, s. 1; 2017-186, s. 2(bbbbbbbbb); 2021-180, s. 19C.9(mmmm); 2022-58, s. 15; 2023-121, s. 4(a).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 14 - Correction Enterprises. › § 148-133 - Inmate wages and conditions of employment.

§ 148-133. Inmate wages and conditions of employment.
(a) The Secretary shall adopt rules for the administration and management of personnel policies for inmates who work for Correction Enterprises, including wages, working hours, training requirements, and conditions of employment. The Secretary shall adopt rules to ensure that inmates participating in the Prison Industry Enhancement Certification Program comply with all applicable federal rules and regulations.
(b) No inmate working for Correction Enterprises shall be paid more than five dollars ($5.00) per day unless specifically approved by the Secretary of the Department of Adult Correction or applicable State or federal laws require a higher salary. Inmates who are employed as part of the Prison Industry Enhancement Certification Program shall be paid in accordance with applicable federal rules and regulations. (2007-280, s. 1; 2022-58, s. 13(b), (c).)
2023 North Carolina General Statutes › Chapter 148 - State Prison System › Article 14 - Correction Enterprises. › § 148-134 - Preference for Division of Prisons of Department of Adult Correction products.

§ 148-134. Preference for Division of Prisons of Department of Adult Correction products.
All departments, institutions, and agencies of this State that are supported in whole or in part by the State shall give preference to Correction Enterprises products in purchasing articles, products, and commodities that these departments, institutions, and agencies require and that are manufactured or produced within the State prison system and offered for sale to them by Correction Enterprises. No article or commodity available from Correction Enterprises shall be purchased by any State department, institution, or agency from any other source unless the prison product does not meet the standard specifications and the reasonable requirements of the department, institution, or agency as determined by the Secretary of Administration or the requisition cannot be complied with because of an insufficient supply of the articles or commodities required. The provisions of Article 3 of Chapter 143 of the General Statutes respecting contracting for the purchase of all supplies, materials, and equipment required by the State government or any of its departments, institutions, or agencies under competitive bidding shall not apply to articles or commodities available from Correction Enterprises. The Division of Correction Enterprises of the Department of Adult Correction shall be required to keep the price of such articles or commodities substantially in accord with that paid by governmental agencies for similar articles and commodities of equivalent quality. (2007-280, s. 1; 2011-145, s. 19.1(h), (j); 2017-186, s. 2(ccccccccc); 2021-180, s. 19C.9(nnnn).)
2023 North Carolina General Statutes › Chapter 149 - State Song and Toast › § 149-1 - "The Old North State."

§ 149-1. "The Old North State."
The song known as "The Old North State," as hereinafter written, is adopted and declared to be the official song of the State of North Carolina, said song being in words as follows:
"Carolina! Carolina! Heaven's blessings attend her!
While we live we will cherish, protect and defend her;
Though the scorner may sneer at and witlings defame her,
Our hearts swell with gladness whenever we name her.
Hurrah! Hurrah! The Old North State forever!
Hurrah! Hurrah! The good Old North State!
Though she envies not others their merited glory,
Say, whose name stands the foremost in Liberty's story!
Though too true to herself e'er to crouch to oppression,
Who can yield to just rule more loyal submission?
Plain and artless her sons, but whose doors open faster
At the knock of a stranger, or the tale of disaster?
How like to the rudeness of their dear native mountains,
With rich ore in their bosoms and life in their fountains.
And her daughters, the Queen of the Forest resembling–
So graceful, so constant, yet to gentlest breath trembling;
And true lightwood at heart, let the match be applied them,
How they kindle and flame! Oh! none know but who've tried them.
Then let all who love us, love the land that we live in
(As happy a region on this side of Heaven),
(Where Plenty and Freedom, Love and Peace smile before us,
Raise aloud, raise together, the heart-thrilling chorus!"
(1927, c. 26, s. 1.)
2023 North Carolina General Statutes › Chapter 149 - State Song and Toast › § 149-2 - "A Toast" to North Carolina.

§ 149-2. "A Toast" to North Carolina.
The song referred to as "A Toast" to North Carolina is hereby adopted and declared to be the official toast to the State of North Carolina, said toast being in words as follows:
"Here's to the land of the long leaf pine,
The summer land where the sun doth shine,
Where the weak grow strong and the strong grow great,
Here's to 'Down Home,' the Old North State!
"Here's to the land of the cotton bloom white,
Where the scuppernong perfumes the breeze at night,
Where the soft southern moss and jessamine mate,
'Neath the murmuring pines of the Old North State!
"Here's to the land where the galax grows,
Where the rhododendron's rosette glows,
Where soars Mount Mitchell's summit great,
In the 'Land of the Sky,' in the Old North State!
"Here's to the land where maidens are fair,
Where friends are true and cold hearts rare,
The near land, the dear land whatever fate,
The blest land, the best land, the Old North State!"
(1957, c. 777.)
2023 North Carolina General Statutes › Chapter 150A - Administrative Procedure Act › §§ 150A-1 through 150A-64. Recodified as §§ 150B-1 to 150B-64, effective January 1, 1986.

§§ 150A-1 through 150A-64. Recodified as §§ 150B-1 to 150B-64, effective January 1, 1986.
2023 North Carolina General Statutes › Chapter 150B - Administrative Procedure Act › Article 1 - General Provisions. › § 150B-3 - Special provisions on licensing.

§ 150B-3. Special provisions on licensing.
(a) When an applicant or a licensee makes a timely and sufficient application for issuance or renewal of a license or occupational license, including the payment of any required license fee, the existing license or occupational license does not expire until a decision on the application is finally made by the agency, and if the application is denied or the terms of the new license or occupational license are limited, until the last day for applying for judicial review of the agency order. This subsection does not affect agency action summarily suspending a license or occupational license under subsections (b) and (c) of this section.
(b) Before the commencement of proceedings for the suspension, revocation, annulment, withdrawal, recall, cancellation, or amendment of any license other than an occupational license, the agency shall give notice to the licensee, pursuant to the provisions of G.S. 150B-23. Before the commencement of such proceedings involving an occupational license, the agency shall give notice pursuant to the provisions of G.S. 150B-38. In either case, the licensee shall be given an opportunity to show compliance with all lawful requirements for retention of the license or occupational license.
(c) If the agency finds that the public health, safety, or welfare requires emergency action and incorporates this finding in its order, summary suspension of a license or occupational license may be ordered effective on the date specified in the order or on service of the certified copy of the order at the last known address of the licensee, whichever is later, and effective during the proceedings. The proceedings shall be promptly commenced and determined.
Nothing in this subsection shall be construed as amending or repealing any special statutes, in effect prior to February 1, 1976, which provide for the summary suspension of a license.
(d) This section does not apply to the following:
(1) Revocations of occupational licenses based solely on a court order of child support delinquency or a Department of Health and Human Services determination of child support delinquency issued pursuant to G.S. 110-142, 110-142.1, or 110-142.2.
(2) Refusal to renew an occupational license pursuant to G.S. 87-10.1, 87-22.2, 87-44.2, or 89C-18.1, based solely on a Department of Revenue determination that the licensee owes a delinquent income tax debt. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1995, c. 538, s. 2(i); 1997-443, s. 11A.118(a); 1998-162, s. 8.)
2023 North Carolina General Statutes › Chapter 150B - Administrative Procedure Act › Article 1 - General Provisions. › § 150B-4 - Declaratory rulings.

§ 150B-4. Declaratory rulings.
(a) On request of a person aggrieved, an agency shall issue a declaratory ruling as to the validity of a rule or as to the applicability to a given state of facts of a statute administered by the agency or of a rule or order of the agency. Upon request, an agency shall also issue a declaratory ruling to resolve a conflict or inconsistency within the agency regarding an interpretation of the law or a rule adopted by the agency. The agency shall prescribe in its rules the procedure for requesting a declaratory ruling and the circumstances in which rulings shall or shall not be issued. A declaratory ruling is binding on the agency and the person requesting it unless it is altered or set aside by the court. An agency may not retroactively change a declaratory ruling, but nothing in this section prevents an agency from prospectively changing a declaratory ruling.
(a1) An agency shall respond to a request for a declaratory ruling as follows:
(1) Within 30 days of receipt of the request for a declaratory ruling, the agency shall make a written decision to grant or deny the request. If the agency fails to make a written decision to grant or deny the request within 30 days, the failure shall be deemed a decision to deny the request.
(2) If the agency denies the request, the decision is immediately subject to judicial review in accordance with Article 4 of this Chapter.
(3) If the agency grants the request, the agency shall issue a written ruling on the merits within 45 days of the decision to grant the request. A declaratory ruling is subject to judicial review in accordance with Article 4 of this Chapter.
(4) If the agency fails to issue a declaratory ruling within 45 days, the failure shall be deemed a denial on the merits, and the person aggrieved may seek judicial review pursuant to Article 4 of this Chapter. Upon review of an agency's failure to issue a declaratory ruling, the court shall not consider any basis for the denial that was not presented in writing to the person aggrieved.
(b) Repealed by Session Laws 1997-34, s. 1. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1991, c. 418, s. 4; c. 477, s. 2.1; 1997-34, s. 1; 2011-398, s. 56.)
2023 North Carolina General Statutes › Chapter 150B - Administrative Procedure Act › Article 2 - Rule Making. › §§ 150B-17: Recodified as § 150B-4 by Session Laws 1991, c. 418, s. 4.

§ 150B-17: Recodified as § 150B-4 by Session Laws 1991, c. 418, s. 4.