GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
SESSION LAW 2007-162
SENATE BILL 930
AN ACT to revise the law granting authority to private correctional officers employed pursuant to a contract with the federal bureau of prisons.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 148-37.3 reads as rewritten:
"§ 148-37.3. Authority of private correctional officers employed pursuant to a contract with the Federal Bureau of Prisons.
(a) Correctional officers
and security supervisors employed at private correctional facilities pursuant
to a contract between their employer and the Federal Bureau of Prisons may, in
the course of their employment as correctional officers or security
supervisors, use necessary force and make arrests consistent with the laws
applicable to the North Carolina Department of Correction, which force shall
not exceed that authorized to Department of Correction officers, provided that the
Department of Correction determines that as of August 18, 2001, the
employment policies of such private corporations meet the same minimum
standards and practices followed by the Department of Correction in employing
its correctional personnel, and if:
(1) Those correctional officers and security supervisors have been certified as correctional officers as provided under Chapter 17C of the General Statutes; or
(2) Those correctional
officers and security supervisors employed by the private corporation at the
facility have completed a training curriculum that the Department of
Correction has determined meets or exceeds the standards required by the
North Carolina Criminal Justice Education and Training Standards Commission for
correctional personnel. The Department may require that it be notified of
the names and positions of such persons prior to such persons beginning duties
at the correctional facility, and the names and positions of those persons
already employed at the correctional facility on August 18, 2001 and that the
Department be notified when any such person is no longer employed in such
duties at the correctional facility.
(b) Any private corporation described in subsection (a) of this section shall without limit defend, indemnify, and hold harmless the State, its officers, employees, and agents from any claims arising out of the operation of the private correctional facility, or the granting of the powers authorized under this section, including any attorneys' fees or other legal costs incurred by the State, its officers, employees, or agents as a result of such claims.
(c) Any private corporation described in subsection (a) of this section shall reimburse the State and any county or other law enforcement agency for the full cost of any additional expenses incurred by the State or the county or other law enforcement agency in connection with the pursuit and apprehension of an escaped inmate from the facility.
In the event of an escape from the facility, any private
corporation described in subsection (a) of this section shall immediately
notify the sheriff in the county in which the facility is located and shall
notify the Department of Correction which located, who shall cause
an immediate entry into the State Bureau of Investigation Division of Criminal
Information network. The sheriff of the county in which the facility is located
shall be the lead law enforcement officer in connection with the pursuit and
apprehension of an escaped inmate from the facility.
(d) Any private
corporation described in subsection (a) of this section must maintain in force
liability insurance to satisfy any final judgment rendered against the private
corporation or the State, its officers, employees, and agents that arises out
of the operation of the correctional facility or the indemnification requirements
in subsection (b) of this section. The minimum amount of liability insurance
that will be required under this section is ten million dollars ($10,000,000)
per occurrence, and twenty-five million dollars ($25,000,000) aggregate per
occurrence. The private corporation shall ensure that its insurance company
shall provide the Department of Correction with a current Certificate of
Insurance evidencing compliance with the requirements of this subsection within
10 days of August 18, 2001 and annually thereafter.
(e) The
Department of Correction shall adopt rules to implement the provisions of this
section.
(f) The authority set forth in this section to use necessary force and make arrests shall be in addition to any existing authority set forth in the statutory or common law of the State, but shall not exceed the authority to use necessary force and make arrests set out in subsection (a) of this section.
(g) A private corporation
described in subsection (a) of this section shall bear the reasonable costs of
services provided by the Department of Correction State, its
officers, employees, and agents for the corporation. The amount of the
costs shall be determined by the Secretary of the Department.member
of the Council of State or Cabinet member of the agency or department that
provided the services.
(h) This section is effective August 18, 2001 and applies to private correctional facilities and the employees of those correctional facilities constructed and contracted to be operated by August 18, 2001."
SECTION 2. This act becomes effective July 1, 2007.
In the General Assembly read three times and ratified this the 29th day of June, 2007.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 10:59 a.m. this 4th day of July, 2007