§ 15A-1352. Commitment to Department of Correction or local confinement facility. - North Carolina Statutes

§15A‑1352.  Commitment to Department of Correction or local confinementfacility.

(a)        A person sentencedto imprisonment for a misdemeanor under this Article or for nonpayment of afine under Article 84 of this Chapter shall be committed for the term designatedby the court to the custody of the Department of Correction or to a localconfinement facility.  If the sentence imposed for a misdemeanor is for aperiod of 90 days or less, the commitment must be to a facility other than onemaintained by the Department of Correction, except as provided in G.S. 148‑32.1(b).

If a person is sentenced toimprisonment for a misdemeanor under this Article or for nonpayment of a fineunder Article 84 of this Chapter, the sentencing judge shall make a finding offact as to whether the person would be suitable for placement in a countysatellite jail/work release unit operated pursuant to G.S. 153A‑230.3. If the sentencing judge makes a finding of fact that the person would besuitable for placement in a county satellite jail/work release unit and theperson meets the requirements listed in G.S. 153A‑230.3(a)(1), then thecustodian of the local confinement facility may transfer the misdemeanant to acounty satellite jail/work release unit.

(b)        A person sentencedto imprisonment for a felony under this Article shall be committed for the termdesignated by the court to the custody of the Department of Correction; exceptthat, upon request of the sheriff or the board of commissioners of a county,the presiding judge may, in his discretion, sentence the person to a localconfinement facility in that county.

(c)        A person sentencedto imprisonment for nonpayment of a fine under Article 84, Fines, shall becommitted for the term designated by the court:

(1)        To the custody ofthe Department of Correction if the person was fined for conviction of afelony;

(2)        To the custody ofthe Department of Correction or to a local confinement facility if the personwas fined for conviction of a misdemeanor, provided that if the sentenceimposed is for a period of 90 days or less, the commitment shall be to afacility other than one maintained by the Department of Correction, except asprovided in G.S. 148‑32.1(b).

(d)        Notwithstanding anyother provision of law, when the sentencing court, with the consent of theperson sentenced, orders that a person convicted of a misdemeanor be grantedwork release, the court may commit the person to a specific prison facility orlocal confinement facility or satellite jail/work release unit within thecounty of the sentencing court in order to facilitate the work releasearrangement.  When appropriate to facilitate the work release arrangement, thesentencing court may, with the consent of the sheriff or board ofcommissioners, commit the person to a specific local confinement facility orsatellite jail/work release unit in another county, or, with the consent of theDepartment of Correction, commit the person to a specific prison facility inanother county.  The Department of Correction may transfer a prisoner committedto a specific prison facility to a different facility when necessary toalleviate overcrowding or for other administrative purposes. (1977,c. 711, s. 1; 1977, 2nd Sess., c. 1147, s. 18; 1979, c. 456, s. 1, c. 787, ss.1, 2; 1985 (Reg. Sess., 1986), c. 1014, s. 201(b); 1987, c. 207, s. 3; 1989, c.761, s. 6; 1991, Ex. Sess., c. 486, s. 1, c. 8, s. 1; 1993, c. 538, s. 37;1994, Ex. Sess., c. 24, s. 14(b).)