§ 148-28. Sentencing prisoners to Central Prison; youthful offenders. - North Carolina Statutes

§148‑28.  Sentencing prisoners to Central Prison; youthful offenders.

When a sentenced offender isto be taken to the Central Prison at Raleigh, a sheriff or other appropriateofficer of the county shall cause such prisoner to be delivered with the propercommitment papers to the warden of the Central Prison. A person under 16 yearsof age convicted of a felony shall not be imprisoned in the Central Prison atRaleigh unless:

(1)        The person wasconvicted of a capital felony; or

(2)        He has previouslybeen imprisoned in a county jail or under the authority of the Department ofCorrection upon conviction of a felony.

This provision shall not limitthe authority of the Secretary of Correction from transferring a person under16 years of age to Central Prison when in the Secretary's determination thisperson would not benefit from confinement in separate facilities for youthfuloffenders or when it has been determined that his presence would be detrimentalto the implementation of programs designed for the benefit of other youthfuloffenders. Nor shall this provision limit the authority of the judges of thesuperior courts of this State or the Secretary of Correction from committing ortransferring a person under 16 years of  age to Central Prison for medical or psychiatrictreatment. (1933, c. 172, s. 7; 1971, c. 691; 1973, c. 1262, s.10; 1977, c. 711, s. 27; 1977, 2nd Sess., c. 1147, s. 32.)