Chapter 148

The Department of Adult Correction shall have general supervision over the sanitary and health conditions of the central prison, over the prison camps, or other places of confinement of prisoners under the jurisdiction of the Division of Prisons of the Department of Adult Correct…

The Division of Prisons of the Department of Adult Correction is authorized and directed to employ clinical chaplains to provide moral, spiritual and social counselling and ministerial services to inmates in the custody of the Secretary of the Department of Adult Correction. The …

(a) It shall be the policy of the Division of Prisons of the Department of Adult Correction to prohibit death row inmates from contacting the surviving family members of the victims without the written consent of the family members being contacted. For purposes of this subsection…

Personnel, equipment, and other costs of providing electronic monitoring of pretrial or sentenced offenders shall be reimbursed to the Division of Prisons of the Department of Adult Correction by the State or local agency requesting the service in an amount not exceeding the actu…

(a) Definitions. - The following definitions apply in this section: (1) Division. - Division of Prisons of the Department of Adult Correction. (2) Fund. - The Statewide Misdemeanant Confinement Fund established by this section. (3) Program. - Statewide Misdemeanant Confinement Pr…

In order to facilitate successful reentry and improve judicial efficiency, the Division of Prisons of the Department of Adult Correction shall work with law enforcement, the district attorneys' offices, and the courts to develop a process by which, both at intake and before relea…

(a) The Secretary shall adopt rules for the government of the State prison system. The Secretary shall have the rules that pertain to enforcing discipline read to every prisoner when received in the State prison system and a printed copy of these rules made available to the priso…

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 …

(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 preservi…

The Administrative Remedy Procedure shall be published in the North Carolina Register. (1987, c. 746, s. 2.)

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).)

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 t…

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 pers…

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) F…

(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 ap…

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 …

This Article shall be known and may be cited as the Interstate Corrections Compact. (1979, c. 623.)

(a) The Division of Prisons of the Department of Adult Corrections shall, as soon as practicable, establish diagnostic centers to make social, medical, and psychological studies of persons committed to the Division. Full diagnostic studies shall be made before initial classificat…

The Governor of North Carolina is hereby authorized and requested to execute, on behalf of the State of North Carolina, with any other state or states legally joining therein a compact which shall be in form substantially as follows: The contracting states solemnly agree that: (1…

(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 c…

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, aut…

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 t…

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 emplo…

(a) The Secretary of the Department of Adult Correction may issue regulations regarding the grades of custody in which State prisoners are kept, the privileges and restrictions applicable to each custody grade, and the amount of cash, clothing, etc., to be awarded to State prison…

(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…

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) D…

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 controlle…

(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 inm…

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 …

(a) Prisoners employed by Correction Enterprises shall be compensated as set forth in Article 14 of this Chapter. Prisoners participating in work assignments established by the Division of Prisons shall be compensated at rates fixed by the Division of Prisons of the Department of…

Any item of personal property which a prisoner in any correctional facility is prohibited from possessing by State law or which is not authorized by rules adopted by the Secretary of the Department of Adult Correction shall, when found in the possession of a prisoner, be confisca…

(a) The general policies, rules, and regulations of the Division of Prisons of the Department of Adult Correction shall prescribe standards for health services to prisoners, which shall include preventive, diagnostic, and therapeutic measures on both an outpatient and a hospital …

(a) Inpatient chemical dependency or substance abuse facilities that provide services exclusively to inmates of the Department of Adult Correction or offenders under the supervision of the Division of Community Supervision and Reentry of the Department of Adult Correction shall b…

Each person sentenced to imprisonment and committed to the custody of the Division of Prisons of the Department of Adult Correction shall be tested to determine whether the person is HIV positive. Each inmate who has not previously tested positive for HIV shall also be tested: (1…

(a) All charges that are the responsibility of the transferring county for health care services provided to prisoners held under a safekeeping order pursuant to G.S. 162-39, or the Statewide Misdemeanant Confinement Program pursuant to G.S. 148-32.1, shall not be paid by the Depa…

(a) Persons authorized to collect or receive the moneys and earnings of the State prison system shall enter into bonds payable to the State of North Carolina in penal sums and with security approved by the Division of Prisons of the Department of Adult Correction, conditioned upo…

It is unlawful for the Secretary of the Department of Adult Correction or any other person having the care, custody, or control of any prisoner in this State to make or enforce any rule or regulation providing for the whipping, flogging, or administration of any similar corporal …

(a) The general policies, rules, and regulations of the Division of Prisons of the Department of Adult Correction shall provide for humane treatment of prisoners and for programs to effect their correction and return to the community as promptly as practicable. Visits and corresp…

(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 educ…

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…

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 …

(a) The General Assembly finds that in order to protect the health, welfare, and comfort of inmates in the custody of the Division of Prisons of the Department of Adult Correction and to reduce the costs of inmate health care, it is necessary to prohibit inmates from using tobacc…

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 employ…

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 priso…

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 a…

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 St…

(a) Limitation on Use of Restraints. - Except as otherwise provided in this subsection, the Department of Public Safety and correctional facility employees shall not apply restraints on a pregnant female incarcerated person during the second and third trimester of pregnancy, duri…

(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 inc…

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. Fe…

(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 provid…