§ 162-39. Transfer of prisoners when necessary for safety and security; application of section to municipalities. - North Carolina Statutes

§ 162‑39.  Transfer of prisoners when necessaryfor safety and security; application of section to municipalities.

(a)        Whenever necessary for the safety of a prisoner held in anycounty jail or to avoid a breach of the peace in any county or whenever prisonersare arrested in such numbers that county jail facilities are insufficient andinadequate for the housing of such prisoners, the resident judge of thesuperior court or any judge holding superior court in the district or anydistrict court judge may order the prisoner transferred to a fit and securejail in some other county where the prisoner shall be held for such length oftime as the judge may direct.

(b)        Whenever necessary to avoid a security risk in any countyjail, or whenever prisoners are arrested in such numbers that county jailfacilities are insufficient and inadequate for the housing of such prisoners,the resident judge of the superior court or any judge holding superior court inthe district or any district court judge may order the prisoner transferred toa unit of the State prison system designated by the Secretary of Correction orhis authorized representative. For purposes of this subsection, a prisonerposes a security risk if the prisoner:

(1)        Poses a serious escape risk;

(2)        Exhibits violently aggressive behavior that cannot becontained and warrants a higher level of supervision;

(3)        Needs to be protected from other inmates, and the countyjail facility cannot provide such protection;

(4)        Is a female or a person 18 years of age or younger, and thecounty jail facility does not have adequate housing for such prisoners;

(5)        Is in custody at a time when a fire or other catastrophicevent has caused the county jail facility to cease or curtail operations; or

(6)        Otherwise poses an imminent danger to the staff of thecounty jail facility or to other prisoners in the facility.

(c)        The sheriff of the county from which the prisoner is removedshall be responsible for conveying the prisoner to the jail or prison unitwhere he is to be held, and for returning him to the common jail of the countyfrom which he was transferred. The return shall be made at the expiration ofthe time designated in the court order directing the transfer unless the judge,by appropriate order, shall direct otherwise. The sheriff or keeper of the jailof the county designated in the court order, or the officer in charge of theprison unit designated by the Secretary of Correction, shall receive andrelease custody of the prisoner in accordance with the terms of the courtorder. If a prisoner is transferred to a unit of the State prison system, thecounty from which the prisoner is transferred shall pay the Department ofCorrection for maintaining the prisoner for the time designated by the court atthe per day, per inmate rate at which the Department of Correction pays a localjail for maintaining a prisoner. The county shall also pay the Department ofCorrection for the costs of extraordinary medical care incurred while theprisoner was in the custody of the Department of Correction, defined asfollows:

(1)        Medical expenses incurred as a result of providing healthcare to a prisoner as an inpatient (hospitalized);

(2)        Other medical expenses when the total cost exceeds thirty‑fivedollars ($35.00) per occurrence or illness as a result of providing health careto a prisoner as an outpatient (nonhospitalized); and

(3)        Cost of replacement of eyeglasses and dental prostheticdevices if those eyeglasses or devices are broken while the prisoner isincarcerated, provided the prisoner was using the eyeglasses or devices at thetime of his commitment and then only if prior written consent of the county isobtained by the Department.

If the prisoner is transferred to a jail in some othercounty, the county from which the prisoner is transferred shall pay to thecounty receiving the prisoner in its jail the actual cost of maintaining theprisoner for the time designated by the court. Counties are hereby authorizedto enter into contractual agreements with other counties to provide jail facilitiesto which prisoners may be transferred as deemed necessary under this section.

Whenever prisoners are arrested in such numbers that county jailfacilities are insufficient and inadequate for the safekeeping of suchprisoners, the resident judge of the superior court or any superior or districtcourt judge holding court in the district may order the prisoners transferredto a unit of the State Department of Correction designated by the Secretary ofCorrection or his authorized representative, where the prisoners may be heldfor such length of time as the judge may direct, such detention to be in cellseparate from that used for imprisonment of persons already convicted ofcrimes, except when admission to an inpatient prison medical or mental health unitis required to provide services deemed necessary by a prison health careclinician. The sheriff of the county from which the prisoners are removed shallbe responsible for conveying the prisoners to the prison unit or units wherethey are to be held, and for returning them to the common jail of the countyfrom which they were transferred. However, if due to the number of prisoners tobe conveyed the sheriff is unable to provide adequate transportation, he mayrequest the assistance of the Department of Correction, and the Department ofCorrection is hereby authorized and directed to cooperate with the sheriff andprovide whatever assistance is available, both in vehicles and manpower, toaccomplish the conveying of the prisoners to and from the county to thedesignated prison unit or units. The officer in charge of the prison unitdesignated by the Secretary of Correction or his authorized representativeshall receive and release the custody of the prisoners in accordance with theterms of the court order. The county from which the prisoners are transferredshall pay to the Department of Correction the actual cost of transporting theprisoners and the cost of maintaining the prisoners at the per day, per inmaterate at which the Department of Correction pays a local jail for maintaining aprisoner, provided, however, that a county is not required to reimburse theState for transporting or maintaining a prisoner who was a resident of anotherstate or county at the time he was arrested. However, if the countycommissioners shall certify to the Governor that the county is unable to paythe bill submitted by the State Department of Correction to the county for theservices rendered, either in whole or in part, the Governor may recommend tothe Council of State that the State of North Carolina assume and pay, in wholeor in part, the obligation of the county to the Department of Correction, andupon approval of the Council of State the amount so approved shall be paid fromContingency and Emergency Fund to the Department of Correction.

When, due to an emergency, it is not feasible to obtain from a judge ofthe superior or district court a prior order of transfer, the sheriff of thecounty and the Department of Correction may exercise the authority hereinafterconferred; provided, however, that the sheriff shall, as soon as possible afterthe emergency, obtain an order from the judge authorizing the prisoners to beheld in the designated place of confinement for such period as the judge maydirect. All provisions of this subsection shall be applicable to municipalitieswhenever prisoners are arrested in such numbers that the municipal jailfacilities and the county jail facilities are insufficient and inadequate forthe safekeeping of the prisoners. The chief of police is hereby authorized toexercise the authority herein conferred upon the sheriff, and the municipalityshall be liable for the cost of transporting and maintaining the prisoners tothe same extent as a county would be unless action is taken by the Governor andCouncil of State as herein provided for counties which are unable to pay suchcosts.

(d)        Whenever a prisoner held in a county jail requires medicalor mental health treatment that the county decides can best be provided by theDepartment of Correction, the resident judge of the superior court or any judgeholding superior court in the district or any district court judge may orderthe prisoner transferred to a unit of the State prison system designated by theSecretary of Correction or his authorized representative. The sheriff of thecounty from which the prisoner is removed shall be responsible for conveyingthe prisoner to the prison unit where he is to be held, and for returning himto the jail of the county from which he was transferred. The prisoner shall bereturned when the attending medical or mental health professional determinesthat the prisoner may be returned safely. The officer in charge of the prisonunit designated by the Secretary of Correction shall receive custody of theprisoner in accordance with the terms of the order and shall release custody ofthe prisoner in accordance with the instructions of the attending medical ormental health professional. The county from which the prisoner is transferredshall pay the Department of Correction for maintaining the prisoner for theperiod of treatment at the per day, per inmate rate at which the Department ofCorrection pays a local jail for maintaining a prisoner, and for extraordinarymedical expenses as set forth in subsection (c) of this section.

(e)        The number of county prisoners incarcerated in the Stateprison system pursuant to safekeeping orders from the various counties pursuantto subsection (b) of this section or for medical or mental health treatmentpursuant to subsection (d) of this section may not exceed 200 at any given timeunless authorized by the Secretary of Correction. The Secretary may refuse toaccept any safekeeper and may return any safekeeper transferred under asafekeeping order when this capacity limit is reached. (1957, c. 1265; 1967, c. 996, ss. 13, 15; 1969, cc. 462, 1130; 1973, c.822, s. 3; c. 1262, s. 10; 1983, c. 165, ss. 1‑4; 1985 (Reg. Sess.,1986), c. 1014, s. 198(a)‑(c); 1989, c. 1, s. 7; 1991, c. 535, s. 1; 1991(Reg. Sess., 1992), c. 983, s. 1; 2002‑126, s. 17.1.)