§ 153A-221. Minimum standards. - North Carolina Statutes

§ 153A‑221.  Minimumstandards.

(a)        The Secretary shalldevelop and publish minimum standards for the operation of local confinementfacilities and may from time to time develop and publish amendments to thestandards. The standards shall be developed with a view to providing securecustody of prisoners and to protecting their health and welfare and providingfor their humane treatment. The standards shall provide for:

(1)        Secure and safephysical facilities;

(2)        Jail design;

(3)        Adequacy of spaceper prisoner;

(4)        Heat, light, andventilation;

(5)        Supervision ofprisoners;

(6)        Personal hygiene andcomfort of prisoners;

(7)        Medical care forprisoners, including mental health, mental retardation, and substance abuseservices;

(8)        Sanitation;

(9)        Food allowances,food preparation, and food handling;

(10)      Any other provisionsthat may be necessary for the safekeeping, privacy, care, protection, andwelfare of prisoners.

(b)        In developing thestandards and any amendments thereto, the Secretary shall consult with organizationsrepresenting local government and local law enforcement, including the NorthCarolina Association of County Commissioners, the North Carolina League ofMunicipalities, the North Carolina Sheriffs' Association, and the NorthCarolina Police Executives' Association. The Secretary shall also consult withinterested State departments and agencies, including the Department ofCorrection, the Department of Health and Human Services, the Department ofInsurance, and the North Carolina Criminal Justice Education and TrainingStandards Commission, and the North Carolina Sheriffs' Education and TrainingStandards Commission.

(c)        Before thestandards or any amendments thereto may become effective, they must be approvedby the Commission and the Governor. Upon becoming effective, they have theforce and effect of law.

(d)        Notwithstanding anylaw or rule to the contrary, each dormitory in a county detention facility mayhouse up to 56 inmates as long as the dormitory provides all of the following:

(1)        A minimum floorspace of 70 square feet per inmate, including both the sleeping and dayroomareas.

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

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

(4)        Space designed toallow a variety of activities.

(5)        Sufficient seatingand tables for all inmates.

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

This subsection applies onlyto those counties that have a population in excess of 600,000, according to themost recent decennial federal census.  (1967, c. 581, s. 2; 1973, c. 476, ss. 128, 133, 138;c. 822, s. 1; 1983, c. 745, s. 6; c. 768, s. 20; 1991, c. 237, s. 1; 1997‑443,s. 11A.118(a); 2008‑194, s. 10(a), (b).)