§ 148-37.3. Authority of private correctional officers employed pursuant to a contract with the Federal Bureau of Prisons. - North Carolina Statutes

§ 148‑37.3.  Authorityof private correctional officers employed pursuant to a contract with theFederal Bureau of Prisons.

(a)        Correctionalofficers and security supervisors employed at private correctional facilitiespursuant to a contract between their employer and the Federal Bureau of Prisonsmay, in the course of their employment as correctional officers or securitysupervisors, use necessary force and make arrests consistent with the lawsapplicable to the North Carolina Department of Correction, which force shallnot exceed that authorized to Department of Correction officers, provided thatthe employment policies of such private corporations meet the same minimumstandards and practices followed by the Department of Correction in employingits correctional personnel, and if:

(1)        Those correctionalofficers and security supervisors have been certified as correctional officersas provided under Chapter 17C of the General Statutes; or

(2)        Those correctionalofficers and security supervisors employed by the private corporation at thefacility have completed a training curriculum that meets or exceeds thestandards required by the North Carolina Criminal Justice Education andTraining Standards Commission for correctional personnel.

(b)        Any private corporationdescribed in subsection (a) of this section shall without limit defend,indemnify, and hold harmless the State, its officers, employees, and agentsfrom any claims arising out of the operation of the private correctionalfacility, or the granting of the powers authorized under this section,including any attorneys' fees or other legal costs incurred by the State, itsofficers, employees, or agents as a result of such claims.

(c)        Any privatecorporation described in subsection (a) of this section shall reimburse theState and any county or other law enforcement agency for the full cost of anyadditional expenses incurred by the State or the county or other lawenforcement agency in connection with the pursuit and apprehension of anescaped inmate from the facility.

In the event of an escape fromthe facility, any private corporation described in subsection (a) of thissection shall immediately notify the sheriff in the county in which thefacility is located, who shall cause an immediate entry into the State Bureauof Investigation Division of Criminal Information network. The sheriff of thecounty in which the facility is located shall be the lead law enforcementofficer in connection with the pursuit and apprehension of an escaped inmatefrom the facility.

(d)        Any privatecorporation described in subsection (a) of this section must maintain in forceliability insurance to satisfy any final judgment rendered against the privatecorporation or the State, its officers, employees, and agents that arises out ofthe operation of the correctional facility or the indemnification requirementsin subsection (b) of this section. The minimum amount of liability insurancethat will be required under this section is ten million dollars ($10,000,000)per occurrence, and twenty‑five million dollars ($25,000,000) aggregateper occurrence.

(e)        Repealed by SessionLaws 2007‑162, s. 1, effective July 1, 2007.

(f)         The authority setforth in this section to use necessary force and make arrests shall be inaddition to any existing authority set forth in the statutory or common law ofthe State, but shall not exceed the authority to use necessary force and makearrests set out in subsection (a) of this section.

(g)        A privatecorporation described in subsection (a) of this section shall bear thereasonable costs of services provided by the State, its officers, employees,and agents for the corporation. The amount of the costs shall be determined bythe member of the Council of State or Cabinet member of the agency ordepartment that provided the services.

(h)        This section iseffective August 18, 2001 and applies to private correctional facilities andthe employees of those correctional facilities constructed and contracted to beoperated by August 18, 2001. (2001‑378, ss. 1‑7; 2003‑351, s. 1;2007‑162, s. 1.)