§ 153A-223. Enforcement of minimum standards. - North Carolina Statutes

§ 153A‑223. Enforcement of minimum standards.

If an inspection conducted pursuant to G.S. 153A‑222 disclosesthat the jailers and supervisory and administrative personnel of a localconfinement facility do not meet the entry level employment standards establishedpursuant to Chapter 17C or Chapter 17E or that a local confinement facilitydoes not meet the minimum standards published pursuant to G.S. 153A‑221and, in addition, if the Secretary determines that conditions in the facilityjeopardize the safe custody, safety, health, or welfare of persons confined inthe facility, the Secretary may order corrective action or close the facility,as provided in this section:

(1)        The Secretary shall give notice of his determination to thegoverning body and each other local official responsible for the facility. TheSecretary shall also send a copy of this notice, along with a copy of theinspector's report, to the senior resident superior court judge of the superiorcourt district or set of districts as defined in G.S. 7A‑41.1 in whichthe facility is located. Upon receipt of the Secretary's notice, the governingbody shall call a public hearing to consider the report. The hearing shall beheld within 20 days after the day the Secretary's notice is received. The inspectorshall appear at this hearing to advise and consult with the governing bodyconcerning any corrective action necessary to bring the facility intoconformity with the standards.

(2)        The governing body shall, within 30 days after the day theSecretary's notice is received, request a contested case hearing, initiateappropriate corrective action or close the facility. The corrective action mustbe completed within a reasonable time.

(3)        A contested case hearing, if requested, shall be conductedpursuant to G.S. 150B, Article 3. The issues shall be: (i) whether the facilitymeets the minimum standards; (ii) whether the conditions in the facilityjeopardize the safe custody, safety, health, or welfare of persons confinedtherein; and (iii) the appropriate corrective action to be taken and areasonable time to complete that action.

(4)        If the governing body does not, within 30 days after the daythe Secretary's notice is received, or within 30 days after service of thefinal agency decision if a contested case hearing is held, either initiatecorrective action or close the facility, or does not complete the action withina reasonable time, the Secretary may order that the facility be closed.

(5)        The governing body may appeal an order of the Secretary tothe senior resident superior court judge. The governing body shall initiate theappeal by giving by registered mail to the judge and to the Secretary notice ofits intention to appeal. The notice must be given within 15 days after the daythe Secretary's order is received. If notice is not given within the 15‑dayperiod, the right to appeal is terminated.

(6)        The senior resident superior court judge shall hear theappeal. He shall cause notice of the date, time, and place of the hearing to begiven to each interested party, including the Secretary, the governing body,and each other local official involved. The Secretary, if a contested casehearing has been held, shall file the official record, as defined in G.S. 150B‑37,with the senior resident superior court judge and shall serve a copy on eachperson who has been given notice of the hearing. The judge shall conduct thehearing without a jury. He shall consider the official record, if any, and mayaccept evidence from the Secretary, the governing body, and each other localofficial which he finds appropriate. The issue before the court shall bewhether the facility continues to jeopardize the safe custody, safety, health,or welfare of persons confined therein. The court may affirm, modify, orreverse the Secretary's order. (1947, c. 915; 1967, c. 581, s. 2; 1973, c. 476, s. 138; c. 822, s. 1;1981, c. 614, ss. 20, 21; 1983, c. 745, s. 8; 1987, c. 827, s. 1; 1987 (Reg.Sess., 1988), c. 1037, s. 123.)