NORTH CAROLINA GENERAL ASSEMBLY
1967 SESSION

CHAPTER 581
SENATE BILL 289

AN ACT TO REVISE EXISTING LAWS GOVERNING LOCAL JAILS.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 153-9 (8) is hereby rewritten to read as follows:
"(8)	To build and maintain a courthouse and other county buildings. To erect and maintain a courthouse and other necessary county buildings in every county, to repair and maintain such courthouse and county buildings, to levy and collect taxes to pay such costs, and to make rules and regulations for the preservation of the courthouse and other county buildings."
Sec. 2.  Article 7 of Chapter 153 (G.S. 153-49 through 153-53) is hereby repealed and rewritten using the title "Local Confinement Facilities" as follows:
"Article 7
"Local Confinement Facilities
"§ 153-49.  Legislative Intent and Purpose. The General Assembly hereby declares its intent and legislative policy with respect to local jails and other local confinement facilities:
"(1)	Local confinement facilities should provide secure custody of persons confined therein to assure the protection of the community. Such facilities should be so operated as to protect the 'health and comfort' of prisoners as required by the North Carolina Constitution.
"(2)	Minimum State-wide standards should be provided to guide and assist local government in jail planning, and construction, the maintenance of jail facilities, and the development of jail programs that provide for humane treatment and contribute to the rehabilitation of offenders in the administration of justice.
"(3)	The State should provide services to local government to help improve the quality of jail administration in the State, including jail inspection, consultation, and technical assistance; and other appropriate services when requested.
"(4)	Adequate training for jail personnel is essential to improve the quality of jail administration. The State should provide this training and this training should be required as a condition of employment in a local confinement facility.
"§ 153-50.  Definitions. The following terms or phrases shall be defined as follows in this Article unless the context or subject matter otherwise requires:
"(1)	'Local confinement facility' includes any county or municipal jail, any local lock-up, any regional or district jail, any detention facility for children or adults, any county or municipal workhouse or house of correction, and any other confinement facility operated by any local government for confinement of persons awaiting trial or serving sentences.
"(2) 	Local government' includes any county or municipality which operates a jail or other confinement facility.
"(3)	'Governing body' includes the governing body of any unit of county or municipal government which operates a jail or confinement facility, or the governing bodies of any units of local governments operating a district confinement facility.
"(4)	'Commissioner' means the State Commissioner of Public Welfare.
"(5)	'Department' means the State Department of Public Welfare as defined in G.S. 108-27.
"(6)	'Prisoner' includes any person, adult or juvenile, confined or detained.
"§ 153-51.  Jail and Detention Services. The North Carolina Board of Public Welfare is hereby given the policy responsibility for providing and coordinating State services to local government with respect to local confinement facilities. An organization for jail and detention services is hereby established within the department under the direction of the Commissioner and shall have the following powers, duties, and responsibilities:
"(1)	To provide consultation and technical assistance to local governmental officials concerning local confinement facilities;
"(2)	To visit and inspect local confinement facilities; to advise the jailer, sheriff, county commissioners, and other appropriate officials as to deficiencies and recommendations for improvement; and to submit written reports of such inspections to appropriate officials of local government;
"(3)	To review and approve plans for the construction or major modification of any local confinement facility;
"(4)	To develop minimum standards for the construction and operation of local confinement facilities;
"(5)	To assist the Commissioner in providing for training of personnel of local confinement facilities;
"(6)	To perform such other duties as may be necessary to carry out the responsibilities of the State related to local confinement facilities as provided by law.
"§ 153-52.  Minimum Standards. (a) The Commissioner of Public Welfare shall develop and publish minimum standards for the operation of local confinement facilities. In the development of these minimum standards, the department shall consult with and seek the advice of the presidents(or their designated representatives) of organizations representing local government and law enforcement, including the North Carolina Association of County Commissioners, the North Carolina League of Municipalities, the North Carolina Sheriffs' Association, and the North Carolina Police Executives Association. The department shall also consult with and seek the advice of the executive heads of appropriate State departments (or their designated representatives), including the Prison Department, the State Board of Health, the Department of Mental Health, and the Insurance Department. These minimum standards shall be approved by the State Board of Public Welfare and shall be effective only upon approval by the Governor. These minimum standards shall become effective not later than January 1, 1969, and shall have the force and effect of law.
"(b)	These minimum standards shall be developed with a view to providing secure custody of prisoners, and to protecting their health, comfort, and welfare. Minimum standards shall include the following:
(1)	Physical facilities which are secure and safe;
(2)	Jail design;
(3)	Adequacy of space per prisoner;
(4)	Heat, light, and ventilation;
(5)	Supervision of prisoners;
(6)	Personal hygiene and comfort of prisoners;
(7)	Medical care for prisoners;
(8)	Sanitation;
(9)	Food allowances, food preparation, and food handling;
(10)	Such other provisions as may be necessary for the safekeeping, privacy, care, protection, and welfare of prisoners.
"§ 153-53.  Inspection of Local Confinement Facilities. Personnel of the department shall visit and inspect each local confinement facility at least semiannually for the purpose of looking into the conditions of confinement and treatment of prisoners, and determining whether such facilities meet the minimum standards published under G.S. 153-52. A written report of each inspection shall be made within 30 days after the inspection to the governing body and other officials of local government responsible for the local confinement facility. This report shall specify those respects in which the local confinement facility does not meet the required minimum standards. After receipt of this report, the governing body shall consider the report at its next regular public meeting, and shall initiate the necessary corrective action in any case where the local confinement facility does not meet specified minimum standards.
"§ 153-53.1.  Enforcement of Minimum Standards. If an inspection under G.S. 153-53 discloses that a local confinement facility does not meet the minimum standards established under G.S. 153-52, and if the Commissioner considers that the conditions in such local confinement facility jeopardize the safe custody, safety, health, or welfare of prisoners confined therein: (a) he shall so notify the governing body and other officials of the local government unit responsible for the local confinement facility. A copy of this notice, together with a copy of the written report of the inspection required under G.S. 153-53, shall also be sent to the Senior Regular Resident Superior Court Judge for the district in which the local confinement facility is located. The governing body shall call a special public meeting to consider this report, and the inspectional personnel shall appear at this public meeting to advise and consult with the governing body concerning appropriate corrective action.
"(b)	The governing body shall initiate appropriate corrective action within 30 days or may voluntarily close the local confinement facility.
Such corrective action shall be completed within a reasonable period of time.
"(c)	If the governing body fails to initiate corrective action within 30 days after receipt of the report of inspection, or fails to correct the disclosed conditions within a reasonable period of time, the Commissioner of Public Welfare may order that the local confinement facility be closed. The governing body, the Senior Regular Resident Superior Court Judge, and other responsible local officials shall be notified by registered mail of the Commissioner's order closing a local confinement facility. Such an order shall be effective immediately.
"(d)	A governing body shall have the right to appeal to the Senior Regular Resident Superior Court Judge from an order of the Commissioner which requires that a local confinement facility be closed. Notice of intention to appeal shall be given by registered mail to the Commissioner and to the Senior Regular Resident Superior Court Judge within 15 days after receipt of the Commissioner's order. The right of appeal shall be deemed waived if notice is not given as herein provided.
"(e)	The appeal hearing shall be before the Senior Regular Resident Superior Court Judge who shall cause proper and sufficient notice of the date, time, and place of the appeal hearing to be given to all interested parties, including the Commissioner, the governing body, and other local officials. The hearing shall be conducted by the judge without a jury, consistent with principles of due process of law and fundamental fairness. The Commissioner and members of the department, members of the governing body, and other responsible local officials, shall have a right to be present at the appeal hearing to present evidence which the court deems appropriate. The issue shall be whether the local confinement facility met the required minimum standards on the date of the last inspection. The court may affirm, reverse, or modify the Commissioner's order.
"§ 153-53.2.  Supervision of Local Confinement Facilities. (a) It shall be unlawful for prisoners to be confined in a local confinement facility unless personnel are present and available to provide continuous supervision so that custody will be secure and so that the prisoners can be protected in case of emergencies, such as fire, illness, assaults by other prisoners, or other emergencies. The personnel responsible for supervision of local confinement facilities shall have a legal duty to supervise prisoners closely enough to maintain safe custody and control and to be informed of their general health and emergency medical needs at all times.
"(b)	In case of medical emergency, such supervisory personnel shall secure emergency medical care from a licensed physician according to the plan for medical care provided by the governing body under G.S. 153-53.3. If the physician designated by the medical plan of the governing body is not available, such personnel shall secure medical services through any licensed physician who is available. The cost of such medical services shall be paid by the unit of local government operating the local confinement facility.
"(c)	Violation of the provisions of this Section shall be a general misdemeanor, punishable according to law.
"§ 153-53.3.  Medical Care of Prisoners. (a) The governing body of any unit of local government which operates a local confinement facility shall develop a plan for providing medical care for prisoners in its confinement facility. This plan shall be developed in consultation with and upon the advice of appropriate local officials or organizations, including the sheriff, the county or municipal physician, the local or district health director, and the local medical society. This plan shall be designated to protect the health and welfare of prisoners and to avoid the spread of contagious disease. This plan shall include provisions for the services of a licensed physician specifically responsible for the medical services for prisoners required by law under G.S. 130-97 and G.S. 130-121 and shall include compensation by the governing body for such services. This plan shall further provide for medical supervision of prisoners and emergency medical care for prisoners which are deemed necessary for their health and welfare. This medical plan shall be subject to the approval of the local or district health director, who shall determine whether the plan is adequate to protect the health and welfare of the prisoners confined in the local confinement facility.
"(b)	In case a prisoner dies in any local confinement facility, the medical examiner and coroner shall be notified immediately and a report of the death in writing shall be made to the local or district health director and to the Commissioner within five days of the death. This report shall be made by the jailer or other personnel supervising the local confinement facility on the proper form of the State Board of Health for reporting a death in a local confinement facility. The State Board of Health shall develop and distribute a proper form for reporting a death in a local confinement facility.
"(c)	Any violation of the provisions of this Section, or any violation of the provisions of G.S. 130-97 and G.S. 130-121, shall be a general misdemeanor, punishable according to law.
"§ 153-53.4.  Sanitation and Food. (a) The State Board of Health shall adopt rules and regulations governing the sanitation of local confinement facilities, including kitchens, or other places where food is prepared for prisoners. These rules and regulations shall cover such matters as cleanliness of floors, walls, ceilings, storage spaces, utensils and other facilities; adequacy of lighting, ventilation, water, lavatory facilities, bedding, food protection facilities, treatment of eating and drinking utensils, and waste disposal; methods of food preparation, handling, storage, and serving; adequacy of diet; and such other items as are necessary in the interest of the health of the prisoners and the public.
"(b)	The State Board of Health shall also prepare a score sheet to be used by sanitarians of local or district health departments, who shall inspect local confinement facilities as often as required by the rules and regulations of the State Board of Health. Any findings of inspectional personnel of the State Department of Public Welfare which reflect hazards or deficiencies in the sanitation or food service of a local confinement facility shall be reported immediately to the local or district health department, which shall cause a prompt inspection to be made by a sanitarian. Reports of such inspections shall be forwarded to the Department of Public Welfare, and to the governing body, on forms to be developed by the State Board of Health. Such reports shall indicate whether the local confinement facility and its kitchen is approved or disapproved for public health purposes. If a local confinement facility or its kitchen is disapproved for public health purposes, the Commissioner shall have authority to order that the local confinement facility or the kitchen or both be closed as provided in G.S. 153-53.1 (c).
"§ 153-53.5.  Training of Personnel. (a) The Commissioner shall provide for a program of training for personnel responsible for the supervision and administration of local confinement facilities, including sheriff and other elected or appointed officials. Training shall be developed upon the advice of and in consultation with the State Prison Department, North Carolina Sheriffs' Association, North Carolina Association of County Commissioners, North Carolina League of Municipalities, and North Carolina Police Executives Association. Training shall be provided to the degree possible through existing educational resources in the State.
"(b)	No person or elected official shall serve as jailer or supervise or administer a local confinement facility unless he has successfully completed an approved program of training under (a) above, except on a temporary or probationary basis. No person shall serve on a temporary or probationary basis for more than one year.
"§ 153-53.6.  Separation of Sexes. Male and female prisoners shall be confined in separate facilities or in separate quarters in local confinement facilities.
"§ 153-53.7.  District Confinement Facilities. Any two or more units of local government (county or municipal) may agree to jointly construct, finance, and operate a district confinement facility or jail. Such an agreement shall be in writing and shall specify how construction and main tenance costs and administrative responsibilities will be divided between units of local government. The governing bodies shall designate a jail administrator for such a district jail. Such administrator need not be the sheriff or other official of any of the participating units of local government. Any two or more units of local government may also designate an existing jail or local confinement facility as a district confinement facility under terms agreed upon in writing by the participating governing bodies. If a district confinement facility is established, the governing bodies of the participating units of local government may dispose of their separate jails or confinement facilities upon such terms as the governing bodies may decide. The department shall provide technical and other assistance to local units of government in developing district confinement facilities."
Sec. 3.  G.S. 162-22 is hereby amended by changing the period at the end after the word "thereof" to a comma and adding the following phrase: "provided that the board of county commissioners of any county by and with the consent of the sheriff shall have the authority to appoint a person other than the sheriff to serve as jailer; the person appointed by a board of county commissioners as jailer shall have the care and custody of the county jail."
Sec. 4.  The following statutes are hereby repealed: G.S. 71-2; G.S. 153-179; G.S. 153-180.
Sec. 5.  All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 6.  This Act shall become effective July 1, 1967.
In the General Assembly read three times and ratified, this the 24th day of May, 1967.