GENERAL ASSEMBLY OF NORTH CAROLINA
1987 SESSION
CHAPTER 1106
AN ACT FOR CAPITAL IMPROVEMENTS AND SATELLITE JAIL/WORK RELEASE UNITS.
The General Assembly of North Carolina enacts:
Section 1. G.S. 153A-230.1(2) reads as rewritten:
"(2) 'Satellite Jail/Work
Release Unit' means a building or designated portion of a building primarily
designed, staffed, and used for the housing of misdemeanants participating in a
work release program. These units shall house misdemeanants only, except
that, if he so chooses, the Sheriff may accept responsibility from the
Department of Correction for the housing of felons who do not present security
risks, who have achieved work release status, and who will be employed on work
release, or for felons committed directly to his custody pursuant to G.S.
15A-1352(b). These units and shall be operated on a full time
basis, i.e., seven days/nights a week."
Sec. 2. G.S. 153A-230.2(a)(6) reads as rewritten:
"(6) Take into consideration the potential number of misdemeanants and the percentage of the county's or counties' misdemeanant population to be diverted from the State prison system,".
Sec. 3. G.S. 153A-230.2(a)(7) reads as rewritten:
"(7) Take into
consideration the utilization of vacant existing buildings
suitable for renovation where appropriate,".
Sec. 4. G.S. 153A-230.3(a)(2) reads as rewritten:
"(2) The County shall
offer the program work release programs to both men and women.
male and female misdemeanants, through local facilities for both, or
through a contractual agreement with another entity for either, provided that
such arrangement is in reasonable proximity to the misdemeanant's workplace."
Sec. 5. G.S. 153A-230.3(a)(5) reads as rewritten:
"(5) The Sheriff may
accept work release misdemeanants or felons from the Department of
Correction provided that those inmates agree to pay for their upkeep, that
space is available, and that the Sheriff is willing to accept responsibility
for the prisoner after screening. If accepted, these inmates shall
become the sole responsibility of the Sheriff and subject to the rules,
regulations, and policies of the satellite jail/work release unit."
Sec. 6. G.S. 153A-230.4 reads as rewritten:
"§ 153A-230.4. Standards. - The county satellite jail/work release units for
misdemeanants shall not be subject to the standards promulgated for local
confinement facilities pursuant to G.S. 153A-221.1. G.S.
153A-221. The Secretary of Human Resources shall develop and enforce
standards for satellite/work release units. The Secretary shall take into
consideration that they are to house only screened misdemeanants most of whom
are on work release and therefore occupy the premises only in their off-work
hours. After consultation with the North Carolina Sheriff's Association,
the North Carolina Association of County Commissioners, and the Joint
Legislative Commission on Governmental Operations, the Secretary of Human
Resources shall promulgate standards suitable for these units by January 1,
1988, and shall include these units in the Department's monitoring and
inspection responsibilities. Further, the North Carolina Sheriffs'
Education and Training Standards Commission shall include appropriate training
for Sheriffs and other county law enforcement personnel in regard to the
operation, management and guidelines for county work release centers pursuant
to its authority under G.S. 17E-4."
Sec. 7. G.S. 153A-230.5(b) reads as rewritten:
"(b) If a county operates
a non-State funded satellite jail/work release unit that does not comply with
the basic requirements listed in G.S. 153A-230.2 and G.S. 153A-230.3, then the
satellite jail shall be subject to the standards, rules, and regulations to
be promulgated by the Secretary of Human Resources pursuant to Part 2 of
Article 10 of Chapter 153A. Further, the male inmates who are serving
a sentence of 30 days or more in these units shall be regarded as State
prisoners and subject to the rules and regulations of the Department of
Correction, which shall develop policies and procedures for the
operation. If a county is reimbursed for the cost of a prisoner's
keep from an inmate's work release earnings in an amount equal to or greater
than that paid by the Department of Correction to local confinement facilities
under G.S. 148-32.1, the county may not receive additional payments from the
department for the cost of a prisoner's keep. However, if reimbursement
to the county for the cost of a prisoner's keep is less than the amount allowed
under G.S. 148-32.1, the county may receive from the Department of Correction
the difference in the amount received from work release earnings and the amount
paid by the department to local confinement facilities. The department
may promulgate rules regarding such payment arrangements."
Sec. 8. This act shall become effective October 1, 1988.
In the General Assembly read three times and ratified this the 12th day of July, 1988.