§ 7A-453. Duty of custodian of a possibly indigent person; determination of indigency. - North Carolina Statutes

§ 7A‑453.  Duty ofcustodian of a possibly indigent person; determination of indigency.

(a)        In counties designated by the Office of Indigent DefenseServices, the authority having custody of a person who is without counsel formore than 48 hours after being taken into custody shall so inform the designeeof the Office of Indigent Defense Services. The designee of the Office ofIndigent Defense Services shall make a preliminary determination as to theperson's entitlement to his services, and proceed accordingly. The court shallmake the final determination.

(b)        In counties that have not been designated by the Office ofIndigent Defense Services, the authority having custody of a person who iswithout counsel for more than 48 hours after being taken into custody shall soinform the clerk of superior court.

(c)        In any county, if a defendant, upon being taken intocustody, states that he is indigent and desires counsel, the authority havingcustody shall immediately inform the designee of the Office of Indigent DefenseServices or the clerk of superior court, as the case may be, who shall takeaction as provided in this Article.

(d)        The duties imposed by this section upon authorities havingcustody of persons who may be indigent are in addition to the duties imposedupon arresting officers under G.S. 15‑47. (1969, c. 1013, s. 1; 1973, c. 1286, s. 8; 1987 (Reg.Sess., 1988), c. 1037, s. 30; 2000‑144, s. 8.)