GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

S                                                                                                                                                    3

SENATE BILL 463

Second Edition Engrossed 5/14/13

House Committee Substitute Favorable 7/15/13

Short Title:        Jail Dormitory Minimum Standards.	(Public)
Sponsors:
Referred to:

March 28, 2013

A BILL TO BE ENTITLED

AN ACT to amend the law providing for minimum standards for jail dormitories to allow counties with populations in excess of TWO HUNDRED FIFTY THOUSAND to house SIXTY-FOUR inmates per dormitory so long as certain minimum standards are met, AND TO MAKE IT A FELONY TO ESCAPE FROM A COUNTY FACILITY WHEN CHARGED WITH AND BEING HELD FOR A FELONY.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 153A-221(d) reads as rewritten:

"(d)      Notwithstanding any law or rule to the contrary, each dormitory in a county detention facility may house up to 64 inmates as long as the dormitory provides all of the following:

(1)        A minimum floor space of 70 square feet per inmate, including both the sleeping and dayroom areas.

(2)        One shower per eight inmates, one toilet per eight inmates, one sink with a security mirror per eight inmates, and one water fountain.

(3)        A telephone jack or other telephone arrangement provided within the dormitory.

(4)        Space designed to allow a variety of activities.

(5)        Sufficient seating and tables for all inmates.

(6)        A way for officers to observe the entire area from the entrance.

This subsection applies only to those counties that have a population in excess of 300,000, according to the most recent decennial federal census."

SECTION 2.  G.S. 14-256 reads as rewritten:

"§ 14-256.  Prison breach and escape from county or municipal confinement facilities or officers.

If any person shall break any prison, jail or lockup maintained by any county or municipality in North Carolina, being lawfully confined therein, or shall escape from the lawful custody of any superintendent, guard or officer of such prison, jail or lockup, he shall be guilty of a Class 1 misdemeanor, except that the person is guilty of a Class H felony if:

(1)        He has been charged with or convicted of a felony and has been committed to the facility pending trial or transfer to the State prison system; or

(2)        He is serving a sentence imposed upon conviction of a felony."

SECTION 3.  Section 2 of this act becomes effective December 1, 2013, and applies to offenses occurring on or after that date. The remainder of this act is effective when it becomes law.