North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 14 - Director, Division of Health Service Regulation › Subchapter J - JAILS, LOCAL CONFINEMENT FACILITIES › Section .0100 - DEFINITIONS AND APPLICABILITY FOR JAILS › Section 14J .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the definitions of
					 G.S.
					 153A-217, the following definitions shall
					 apply throughout Sections.0100 through.1300 of this Subchapter:
(1) "Addition" means an extension or increase
				  in floor area or height of a building or structure.
(2) "Alteration" means any change or
				  modification in construction or use.
(3) "Booking area" means an area where a
				  person is admitted to a jail and procedures such as searching, fingerprinting,
				  photographing, health screening, and collecting personal history data
				  occur.
(4) "Cell" means any
				  confinement unit, except a dormitory.
(5) "Cellblock" means a separate and
				  identifiable grouping of cells.
(6)
				  "Communicable disease or condition" means an illness or condition as defined in
				  G.S.
				  130A-2.
(7) "Control center" means a room where jail
				  personnel control the safety and security functions of the jail through the
				  monitoring and operation of equipment that includes the communication systems,
				  security systems, electronic surveillance systems, fire alarm system, and
				  electronic door locking systems.
(8) "Confinement unit" means a single
				  segregation cell, a single cell, a multiple occupancy cell, or a dormitory, but
				  shall not include a padded cell.
(9) "Construction Section" means the
				  Construction Section of the Division of Health Service Regulation.
(10) "Contraband" means any item that a
				  person is not authorized to possess in the jail because it is a violation of
				  G.S.
				  14-258.1 and
				  G.S.
				  14-258.2 or it is not allowed by the sheriff
				  or regional jail administrator.
(11) "Dayroom" means an area accessible to a
				  single cell or a multiple occupancy cell with access from the cell and space
				  for activities such as dining, showers, physical exercise, and
				  recreation.
(12) "Department" means
				  as defined in
				  G.S.
				  153A-217.
(13) "Direct two-way voice communication"
				  means the monitoring of inmate activity by an officer who is located within a
				  cellblock, dayroom, or dormitory and who has oral communications with inmates
				  without the use of a remote two-way voice communication system.
(14) "Direct visual observation" means the
				  monitoring of inmate activity by an officer who has a direct visual view of the
				  inmates without the use of video surveillance. A jail shall locate an officer
				  either within the cellblock, dayroom, and dormitory or outside of the
				  cellblock, dayroom, and dormitory separated by barriers with view panels. If
				  the officer is separated by barriers from the cell block, dayroom, or
				  dormitory, the view panels in the barriers shall be sized and located to
				  provide the officer with a view into the interior of the cells. The front of
				  these cells shall have bars or doors with view panels.
(15) "Disaster plan" means an individual
				  jail's plan with written policies and procedures that states what, how, and
				  when actions shall be taken by a jail to maintain the security, welfare, and
				  safety of inmates, staff, officers, and the public before and after the
				  occurrence of an emergency event at the jail. This plan is created and written
				  by the sheriff, regional jail administrator, or their designees.
(16) "District confinement facility" means a
				  building operated by two or more units of local government for the confinement
				  of inmates as provided in
				  G.S.
				  153A-219.
(17) "Division" means the Division of Health
				  Service Regulation of the North Carolina Department of Health and Human
				  Services.
(18) "Dormitory" means an
				  area designed to house inmates that combines dayroom space with sleeping
				  space.
(19) "Emergency event" means
				  an event caused by the occurrence of an emergency as defined by
				  G.S.
				  166A-19.3(6) or the loss of
				  a jail's utility service that includes electricity, water, gas, or
				  communications.
(20) "Emergency
				  medical need" means a medical condition that requires medical treatment as soon
				  as noticed and that may not be deferred until the next scheduled sick call or
				  clinic.
(21) "Fire evacuation
				  training" means instructing officers and jail staff in procedures related to
				  the evacuation or relocation of building occupants when there is a fire in the
				  jail. The instruction shall simulate an actual fire and a rehearsal of actions
				  needed by officers and jail staff for the evacuation or relocation of building
				  occupants but may not require the actual relocation of inmates within the jail
				  or to the outdoors. The local fire marshal and the sheriff or regional jail
				  administrator shall determine whether the rehearsal shall include the actual
				  relocation of inmates within the jail or to the outdoors.
(22) "Footcandle" means the amount of light
				  thrown on a surface one foot away from the light source. It is a unit for
				  measuring the intensity of illumination.
(23) "Flushing rim floor drain" means a
				  plumbing fixture that uses water activated by a flushometer valve to flush
				  sanitary waste from the fixture to a sanitary drainage system. It shall be
				  mounted flush to the floor.
(24)
				  "Glazing" means any infill material in a window or view panel that includes
				  transparent or translucent glass, polycarbonate, or a combination of glass and
				  polycarbonate.
(25) "Governing
				  body" means as defined in
				  G.S.
				  153A-217.
(26) "Holding area" means a place where
				  inmates are held while awaiting processing, booking, court appearance,
				  discharge, or transfer to a confinement unit.
(27) "Holdover facility" means a facility as
				  defined in
				  G.S.
				  7B-1501.
(28) "Inmate" means any person, whether
				  pretrial, unsentenced, or sentenced, who is confined in a jail, a district
				  confinement facility, or a county satellite jail/work release unit.
(29) "Inmate processing area" means a
				  location in a jail where the booking area and release functions for persons
				  committed to the jail are performed.
(30) "Interlocking security feature" means an
				  electronic locking interface between two or more doors in a security vestibule
				  that unlocks and opens one door while at the same time locking the other
				  doors.
(31) "Jail" means a building
				  or part of a building operated by a county or group of counties for the
				  confinement of inmates that includes county jails and district confinement
				  facilities. It shall not include a county satellite jail/work release unit
				  governed by Part 3 of Article 10 of Chapter 153A of the General
				  Statutes.
(32) "Means of egress"
				  means an unobstructed path of vertical and horizontal egress travel from any
				  occupied portion of a building or structure to the outside of the
				  building.
(33) "Medical personnel"
				  means persons who provide medical care to inmates. Medical personnel shall
				  include a physician, Registered Nurse, and Licensed Practical Nurse.
(34) "Medical record" means a record of
				  medical problems, examinations, diagnoses, and treatments.
(35) "Mental health personnel" means persons
				  who provide mental health services to inmates. Mental health personnel shall
				  include a psychiatrist, psychologist, Registered Nurse, and social
				  worker.
(36) "Multiple occupancy
				  cell" means a cell designed to house more than one inmate.
(37) "Officer" means a person, whether sworn
				  or unsworn, who is involved in the supervision, control, or custody of
				  inmates.
(38) "Operations manual"
				  means a set of written policies and procedures for the operation of a jail in
				  compliance with the standards set forth in Sections.0100 through.1100 and
				  Section.1300 of this Subchapter.
(39) "Program area" means a common area or
				  room of a jail used by inmates, officers, or visitors for religious, education,
				  training, or recreation activities.
(40) "Program services" means activities
				  provided to inmates by the jail that includes jail orientation, academic and
				  vocational training, problem solving and recreational skills, and life skills
				  in parenting and maintaining employment after release from jail.
(41) "Regional jail administrator" means a
				  person who manages a local district confinement facility on behalf of two or
				  more units of local government as provided in
				  G.S.
				  153A-219.
(42) "Remote two-way voice communication"
				  means the monitoring of inmate activity with a two-way voice intercom system
				  installed between a confinement unit and a 24-hour officer staffed location
				  away from the confinement unit.
(43) "Repair" means reconstruction or renewal
				  of any part of an existing building for the purpose of its
				  maintenance.
(44) "Routine care"
				  means medical care that includes physical examinations, health screenings,
				  diagnostic testing, and treatment for an illness, a medical condition, or a
				  mental health condition that is not an emergency medical need.
(45) "Sally port" means an enclosed entry and
				  exit area used either for vehicular or pedestrian traffic with gates or doors
				  at both ends, only one of which opens at a time.
(46) "Satellite jail/work release unit" means
				  a unit as defined in
				  G.S.
				  153A-230.1.
(47) "Screenings of inmates" means a
				  procedure for each newly-admitted inmate that combines visual observation with
				  an interview to obtain information about the inmate prior to the inmate's
				  placement in the general population of the jail. The procedure is set forth in
				  Rule.1002 of this Subchapter.
(48)
				  "Secretary" means as defined in
				  G.S.
				  153A-217.
(49) "Security perimeter" means the outer
				  portion of a jail that provides for the confinement of inmates and that
				  prevents the entry of persons not authorized by the sheriff or regional jail
				  administrator.
(50) "Security-type"
				  means a designation by a manufacturer that indicates the product is designed to
				  withstand damage and destruction by inmates.
(51) "Security vestibule" means a space that
				  provides security by using two or more doors, with each door able to operate
				  independently, and that permits an officer to observe those who pass through
				  the space.
(52) "Single cell" means
				  a cell designed to house one inmate.
(53) "Single segregation cell" means a cell
				  designed to house one inmate who has been removed from the general inmate
				  population for administrative segregation, disciplinary segregation, or
				  protective custody.
(54) "Special
				  inmates" means an inmate that includes a geriatric inmate, an inmate with a
				  mental health disorder, developmental disability, intellectual disability, or
				  substance use disorder, and an inmate with a physical disability.
(55) "Special watch rounds" means an
				  in-person check of an inmate by an officer at time intervals set forth in Rule
				  .0601(c) of this Subchapter.
(56)
				  "Supervision rounds" means an in-person check of inmates by an officer entering
				  and walking through a cellblock, dayroom, or dormitory. For a cellblock or
				  dayroom, the officer shall walk past and view into each cell and observe the
				  inmate within the cell. If during the supervision rounds inmates are located in
				  the dayroom and not in their cells, the officer shall observe each of the
				  inmates located in the dayroom. For a dormitory, the officer shall walk through
				  the dormitory and observe each inmate. An officer shall conduct the in-person
				  check at time intervals specified in Rule.0601(a) of this Subchapter.
(57) "Tamper-resistant" means a designation
				  by a manufacturer that indicates the product is designed to withstand
				  dismantling of the product, removal of the product, or interference with the
				  operation of the product by inmates.
(58) "Total design capacity" means the
				  maximum number of inmates that can be housed in the confinement units of the
				  jail based on the standards contained in Rule.0103 of this Section and Section
				  .1200 of this Subchapter.
(59)
				  "Unit of local government" means as defined in
				  G.S.
				  153A-217.
(60) "Video surveillance" means the
				  monitoring of inmate activity by a video camera installed in a cell block,
				  dayroom, or dormitory with views of the confinement units. An officer in a
				  location remote from the cell block, dayroom, or dormitory shall observe a live
				  video image created by the video camera on a television monitor or computer
				  monitor.
(61) "View panel" means a
				  transparent panel.
(62) "Visitation
				  area" means an area where inmates are permitted to receive visitors according
				  to the jail's policies and procedures that govern visitation.
(63) "Work release" means the release of a
				  convicted inmate for employment in the community and the return to custody of
				  the convicted inmate during nonworking hours.
Authority
					 G.S.
					 153A-217;
					 153A-221;
Eff. June
					 1, 1990;
Readopted Eff. September 4,
					 2020.