GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION

CHAPTER 2
SENATE BILL 44

AN ACT TO EXEMPT ROBESON COUNTY FROM CERTAIN STATUTORY REQUIREMENTS IN THE CONSTRUCTION OF A COUNTY DETENTION FACILITY.

Whereas, Robeson County has submitted plans for a 240-bed, direct-supervision detention facility for review by the State of North Carolina; and
Whereas, an estimate indicates that the completion of this facility will take at least 20 months; and
Whereas, the chairman of the Robeson County Board of Commissioners has received a notice of violation of State standards for local confinement facilities that concerns allegations of overcrowded conditions at the Robeson County jail; and
Whereas, Robeson County is presently named as a defendant in a class action entitled Oxendine v. Robeson County, which also involves allegations of overcrowded conditions at the Robeson County jail; and
Whereas, members of the Robeson County Board of Commissioners have recently toured an indirect-supervision detention facility located in another state that was designed and constructed in less than one year using a concept known as "design and build;"and
Whereas, the members of the Robeson County Board of Commissioners believe that the immediate construction of an indirect-supervision detention facility would best serve the needs of the citizens of Robeson County; and
Whereas, the Robeson County Board of Commissioners has been informed that the concept of "design and build"may conflict with some provisions of Article 8 of Chapter 143 of the General Statutes concerning the letting of public contracts; and
Whereas, Chapter 8 of the the 1989 Session Laws exempted the State of North Carolina from certain provisions of Article 8 of Chapter 143 of the General Statutes in order to expedite construction in response to a similar overcrowding emergency; and
Whereas, the Robeson County Board of Commissioners has requested the passage of an act exempting the county from meeting certain requirements of Article 8 of Chapter 143 of the General Statutes; and
Whereas, the Robeson County Board of Commissioners has stated that it will endeavor to comply with the spirit of Article 8 by providing local contractors and minority contractors with an opportunity to bid on portions of the construction project;  Now, therefore,

The General Assembly of North Carolina enacts:

Section 1.  The County of Robeson may contract for the design and construction of a county detention facility to relieve overcrowding at its current facility without being subject to the requirements of G.S. 143-128, 143-129, 143-131, and 143-132.
Sec. 2.  This act is effective upon ratification, and expires July 1, 1992.
In the General Assembly read three times and ratified this the 25th day of February, 1991.

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James C. Gardner
President of the Senate

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Daniel Blue, Jr.
Speaker of the House of Representatives