NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 341

HOUSE BILL 466

 

 

AN ACT TO AMEND ARTICLE 7, CHAPTER 153 OF THE GENERAL STATUTES RELATING TO LOCAL CONFINEMENT FACILITIES.

 

General Assembly of North Carolina do enact:

 

Section 1.  G.S. 153-53.7 is hereby amended by adding new subsections thereto to read as follows:

"(c)       When two or more units of local government have entered into an agreement to construct, finance and operate a regional or district confinement facility or jail, the respective governing bodies of the participating units of local government shall levy sufficient taxes, or issue general obligation bonds or notes, to carry out the terms of the agreement.

(d)        The jailer or custodial personnel of the regional or district confinement facility shall have the authority of a law enforcement officer for the purpose of receiving and keeping custody of prisoners received from the participating units of local government. Law enforcement officers of the participating units of government are authorized to transport prisoners to and from the local confinement facility and each unit shall be responsible for the transportation of its prisoners."

Sec. 2.  Article 7 of Chapter 153 of the General Statutes is hereby amended by adding a new section to read as follows:

"G.S. 153-53.8.  District or regional jail commission. — When two or more units of local government have entered into an agreement as authorized in G.S. 153-53.7, the governing bodies shall create a jail commission composed of representatives from each participating unit appointed by the governing board of each unit. The number of members and their apportionment among the participating units shall be mutually agreed upon by the participating units, but if no agreement can be reached, each participating unit shall be allotted two members. Each member shall be appointed for a term of two years, and shall serve until his successor is appointed and qualified. Vacancies occurring for any cause shall be filled by appointment by the governing body which made the original appointment in which the vacancy occurs.

The jail commission shall be the administrative authority of the confinement facility, and shall adopt rules and regulations for the operation of the facility which are not in conflict with law.

The commission shall have the following powers and duties:

(1)        within the limits of funds made available to it, and when authorized by the governing bodies of the local units, to enter into contracts in the name of the respective units for the construction and operation of the confinement facilities;

(2)        to employ such personnel as may be necessary to carry out its work;

(3)        to accept, receive and disburse in furtherance of its functions any funds, grants and services made available by the State or federal governments and their agencies, any municipality or county and by private sources. All fiscal procedures shall be in accordance with the laws applicable to the participating units, and the commission shall prepare each year a report of its activities including a financial statement, and distribute the report to each participating unit.

The commission shall organize by electing a chairman, vice chairman and secretary-treasurer. The secretary-treasurer shall provide a surety bond payable to the State of North Carolina in such amount and on such terms as the jail commission may require. The commission shall hold one regular meeting each month and may call special meetings at the request of the chairman or any two members.

The commission shall perform such duties and functions relating to the confinement facility as the governing bodies of the participating units by joint resolution may direct. Members of the commission shall receive such compensation as the governing bodies of the participating units may fix by resolution. The amount of financial contribution of each participating unit to the jail commission shall be determined by a percentage proportion that the population of each participating unit bears to the total population of all participating units as indicated by the latest federal census of population.

This section shall apply only to the following counties: Camden, Pasquotank, and Perquimans."

Sec. 2.1.  The jail commission for Pasquotank, Perquimans and Camden Counties shall be composed of two members from Pasquotank, one member from Perquimans and one member from Camden.

Sec. 3.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 7th day of May, 1971.