NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 796

HOUSE BILL 83

 

 

AN ACT TO AMEND G.S. 15-183 TO REQUIRE THE STATE DEPARTMENT OF CORRECTION TO ASSUME FINANCIAL RESPONSIBILITY FOR PERSONS COMMITTED FOR APPELLATE SAFEKEEPING.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 15-183, as the same was amended by Section 15 of Chapter 1286 of the Session Laws of 1973 to become effective July 1, 1975, as the same appears in the Editor's Note in the 1974 Cumulative Supplement of the 1965 Replacement Volume 1C of the General Statutes of North Carolina, is hereby amended by the addition of the following paragraph at the end thereof:

"The provisions of G.S. 162-39, G.S. 148-4, G.S. 148-29 and G.S. 15-184 notwithstanding, the expense of maintaining any such person placed in the custody of the Secretary of Correction pending appeal shall be the responsibility of the Department of Correction, as if such person had been committed upon affirmance of appeal, and the Department of Correction shall assume full financial responsibility and shall not charge the forwarding county with the cost and expense of maintaining such person pending appeal. Provided, nothing herein shall be deemed to relieve any county of the obligation to pay any indebtedness accruing prior to the effective date of this act for the cost and expense of maintaining persons forwarded to the Department of Correction by that county. If the amount of indebtedness accrued by any county has not been paid in full within 24 months from the effective date of this act, the State Treasurer is hereby authorized to deduct the amount of that indebtedness from the intangible personal property taxes to be distributed to that county. If a county retains custody of a person who has been convicted, but has appealed such conviction, the Department of Correction shall pay to such county the same amount of money that would be required to maintain such person in the Department of Correction."

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 24th day of June, 1975.