Prison Reform Omnibus.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 421

Short Title: Prison Reform Omnibus. (Public)
Sponsors: Senator Applewhite (Primary Sponsor).
Referred to: Rules and Operations of the Senate
March 25, 2025
*S421-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REFORM PRISON LABOR LAWS IN NORTH CAROLINA TO ENSURE FAIR 2
COMPENSATION, MEANIN GFUL REHABILITATION, EQUITABLE WORK 3
OPPORTUNITIES, AND PROTECTIONS AGAINST LABOR EXPLOITATION. 4
Whereas, the current statutory framework governing prison labor in North Carolina 5
prioritizes State cost-savings over rehabilitation and workforce readiness; and 6
Whereas, national best practices, including New York, Maryland, and the Prison 7
Industry Enhancement Certification Program (PIECP), provide model s for fair, rehabilitative, 8
and economically beneficial prison labor policies; and 9
Whereas, ninety-four percent (94%) of incarcerated individuals will reenter society, 10
and equipping them with vocational skills, fair wages, and work experience is essential for 11
reducing recidivism and increasing public safety; and 12
Whereas, the North Carolina agricultural industry is facing labor shortages, and prison 13
labor must not be exploited as a replacement for migrant or seasonal workers; and 14
Whereas, transparency, overs ight, and independent auditing are critical to ensuring 15
prison labor programs serve the interests of rehabilitation, workforce development, and ethical 16
labor standards; and 17
Whereas, strengthening employment placement programs and offering tax incentives 18
to businesses hiring formerly incarcerated individuals will enhance North Carolina's economy 19
and reduce recidivism; Now, therefore, 20
The General Assembly of North Carolina enacts: 21
SECTION 1. The following sections of Article 3 of Chapter 148 of the General 22
Statutes are repealed: 23
(1) G.S. 148-26. 24
(2) G.S. 148-26.1. 25
(3) G.S. 148-26.5. 26
(4) G.S. 148-32.2. 27
(5) G.S. 148-32.3. 28
(6) G.S. 148-33. 29
SECTION 2. Article 3 of Chapter 148 of the General Sta tutes, as amended by 30
Section 1 of this act, reads as rewritten: 31
"Article 3. 32
"Labor of Prisoners.Fair and Rehabilitative Prison Labor Act. 33
"§ 148-27.1. State policy on employment of incarcerated individuals. 34
(a) It is the policy of the State of North Carolina that all incarcerated individuals who are 35
medically and physically fit, as determined by a licensed healthcare professional, may be 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 421-First Edition
provided with voluntary work opportunities that are rehabilitative, workforce-oriented, and fairly 1
compensated. 2
(b) Work programs under this Article shall do each of the following: 3
(1) Prioritize training and skill development in industries with viable employment 4
opportunities upon release. 5
(2) Ensure that prison labor is not used to displace non -incarcerated workers, 6
including migrant and seasonal agricultural workers. 7
(3) Comply with labor standards set forth in the Prison Industry Enhancement 8
Certification Program (PIECP), ensuring prevailing wag e standards where 9
applicable. 10
(4) Offer meaningful vocational education, apprenticeship, and certification 11
programs. 12
(5) Establish gender -equitable labor policies, ensuring access to diverse work 13
opportunities for both male and female incarcerated individuals. 14
(6) Provide fair compensation, with wages at least equal to the State minimum 15
wage for PIECP-certified programs and no less than five dollars ($5.00) per 16
hour for non-PIECP programs. 17
(7) Ensure incarcerated individuals are provided post -release employment 18
assistance in collaboration with the North Carolina Department of Commerce, 19
workforce development boards, and private employers. 20
"§ 148-27.2. Definitions. 21
Unless otherwise specified or understood from the surrounding context, the following 22
definitions apply in this Article: 23
(1) Division. – The Division of Prisons of the Department of Adult Correction. 24
(2) Incarcerated individual. – A person in the custody of the Department of Adult 25
Correction or any other State or law enforcement agency, often referred to as 26
an inmate or prisoner. 27
(3) PIECP. – The Prison Industry Enhancement Certification Program. 28
(4) Secretary. – The Secretary of the Department of Adult Correction. 29
"§ 148-27.3. Prohibition on using prison labor to replace agricultural and private -sector 30
workers. 31
(a) No prison labor shall be used to replace, displace, or supplement migrant, seasonal, 32
or documented a gricultural workers who have been affected by State or federal immigration 33
enforcement actions. 34
(b) Before approving any prison labor contracts in the agric ultural sector, the North 35
Carolina Department of Labor shall conduct a labor market assessment to confirm a legitimate 36
labor shortage exists. 37
(c) Any incarcerated individual engaged in agricultural work shall be compensated at or 38
above the prevailing wage for agricultural laborers in the State. 39
(d) Private farms are prohibited from contracting directly with any representative or 40
entity of the Department of Adult Correction for prison labor. 41
(e) No later than March 1 and September 1 of each year, the Department of Adult 42
Correction shall report to the Governor and General Assembly regarding the use of incarcerated 43
individuals in agricultural labor, including, at a minimum, all of the following information: 44
(1) Total hours worked by incarcerated individu als during the current and 45
previous calendar year. 46
(2) Total and individual wages paid to incarcerated individuals during the current 47
and previous calendar year. 48
(3) Number of non -incarcerated agricultural jobs affected by the use of prison 49
labor pursuant to this Article during the current and previous calendar year. 50
General Assembly Of North Carolina Session 2025
Senate Bill 421-First Edition Page 3
"§ 148 -28. Sentencing prisoners incarcerated individuals to Central Prison; youthful 1
offenders. 2
When a sentenced offender is to be taken to the Central Prison at Raleigh, a sheriff or other 3
appropriate officer of the county shall cause such prisoner the incarcerated individual to be 4
delivered with the proper commitment papers to the warden of the Central Prison. A person under 5
16 years of age convicted of a felony shall not be imprisoned in the Central Prison at Raleigh 6
unless:unless both of the following circumstances exist: 7
(1) The person was convicted of a capital felony; orfelony. 8
(2) He The person has previously been imprisoned in a county jail or under the 9
authority of the Division of Prisons of the Department of Adult Correction 10
upon conviction of a felony. 11
This provision shall not limit the authority of the Secretary of the Department of Adult Correction 12
from transferring a person under 16 years of age to Central Prison when in the Secretary's 13
determination this person would not benefit from confinement in separate facilities for youthful 14
offenders or when it has been determined that his the person's presence would be detrimental to 15
the implementation of programs designed for the benefit of other youthful offenders. Nor shall 16
this provision limit the authority of the judges of the superior courts of this State or the Secretary 17
of the Department of Adult Correction from committing or transferring a person under 16 years 18
of age to Central Prison for medical or psychiatric treatment. 19
"§ 148-29. Transportation of convicts incarcerated individuals to prison; reimbursement 20
to counties; sheriff's expense affidavit. 21
(a) The sheriff having in charge any prisoner incarcerated individual to be taken to the 22
State prison system shall send the prisoner incarcerated individual to the custody of the Division 23
of Prisons of the Department of Adult Correction after sentencing and the disposal of all pending 24
charges against the prisoner, incarcerated individual, if no appeal has been taken. Beginning on 25
the day after the Division has been notified by the sheriff that a prisoner an incarcerated 26
individual is ready for transfer and the Division has informed the sheriff that bedspace is not 27
available for that prisoner, incarcerated individual, and continuing through the day the prisoner 28
incarcerated individual is received by the Division, the Division shall pay the county:county all 29
of the following: 30
(1) A standard sum set by the General Assembly in its appropriations acts for the 31
cost of providing food, clothing, personal items, supervis ion, and necessary 32
ordinary medical services to the prisoner incarcerated individual awaiting 33
transfer to the State prison system; andsystem. 34
(2) Extraordinary medical costs, as defined in G.S. 148-32.1(a), incurred by 35
prisoners incarcerated individuals awaiting transfer to the State prison system. 36
If the Division determines that bedspace is not available for a prisoner an incarcerated individual 37
after the sheriff has notified the Division that the prisoner incarcerated individual is ready for 38
transfer, reimbursement under this subsection shall be made beginning on the day after the sheriff 39
gave the notification. 40
(b) The sheriff having in charge any parolee or post-release supervisee to be taken to the 41
State prison system shall send the prisoner incarcerated individual to the custody of the Division 42
of Prisons of the Department of Adult Correction after preliminary hearing held under 43
G.S. 15A-1368.6(b) or G.S. 15A-1376(b). Beginning on the day after the Division has been 44
notified by the sheriff that a prisoner an incarcerated individual is ready for transfer and the 45
Division has informed the sheriff that bedspace is not available for that prisoner, incarcerated 46
individual, and continuing through the day the prisoner incarcerated individual is received by the 47
Division, the Division shall pay the county:county all of the following: 48
(1) A standard sum set by the General Assembly in its appropriations acts for the 49
cost of providing food, clothing, personal items, supervision, and necessary 50
General Assembly Of North Carolina Session 2025
Page 4 Senate Bill 421-First Edition
ordinary medical s ervices to the parolee or post -release supervisee awaiting 1
transfer to the State prison system; andsystem. 2
(2) Extraordinary medical costs, as defined in G.S. 148-32.1(a), incurred by 3
parolees or post -release supervisees awaiting transfer to the State pris on 4
system. 5
If the Division determines that bedspace is not available for a prisoner an incarcerated individual 6
after the sheriff has notified the Division that the prisoner incarcerated individual is ready for 7
transfer, reimbursement under this subsection shall be made beginning on the day after the sheriff 8
gave the notification. 9
(c) The sheriff shall file with the board of commissioners of his the sheriff's county a 10
copy of his the sheriff's affidavit as to necessary guard, together with a copy of his the sheriff's 11
itemized account of expenses, both certified to by him the sheriff as true copies of those on file 12
in his the sheriff's office. 13
"§ 148-31. Maintenance of Central Prison; warden; powers and duties. 14
The Central Prison shall be maintained in such a manner as to conform to all the requirements 15
of Article XI of the State Constitution, relating to a State's prison. A suitable person shall be 16
appointed warden of the Central Prison, and he that person shall succeed to and be vested with 17
all the rights, duties, and powers heretofore vested by law in the superintendent of the State's 18
prison or the warden thereof with respect to capital punishment, or any matter of discipline of the 19
inmates incarcerated individuals of the prison not otherwise provided for in this Article. 20
"§ 148-32.1. Local confinement, costs, alternate facilities, parole, work release. 21
… 22
(b) In the event that the custodian of the local confinement facility certifies in writing to 23
the clerk of the superior court in the county in which the local confinement facility is located that 24
the local confinement facility is filled to capacity, or that the facility cannot reasonably 25
accommodate any more prisoners incarcerated individuals due to segregation requirements for 26
particular prisoners, incarcerated individuals or that the custodian anticipates, in light of local 27
experiences, an influx of temporary prisoners incarcerated individuals at that time, or if the local 28
confinement facility does not meet the minimum standards published pursuant to G.S. 153A-221, 29
any judge of the district court in the district court district as defined in G.S. 7A-133 where the 30
facility is located, or any superior court judge who has jurisdiction pursuant to G.S. 7A-47.1 or 31
G.S. 7A-48 in a district or set of districts as defined in G.S. 7A-41.1 where the facility is located 32
may order that a prisoner an incarcerated individual not housed pursuant to the Statewide 33
Misdemeanant Confinement Program established in subsection (b2) of this section be transferred 34
to any other qualified local confinement facility within that district or within another such district 35
where space is available, including a satellite jail unit operated pursuant to G.S. 153A-230.3 if 36
the prisoner incarcerated individual is a non -violent misdemeanant, which local facility shall 37
accept the transferred prisoner.incarcerated individual. 38
If no other local confinement facility is available and the reason for the requested transfer is 39
that the local confinement facility that would be required to house the prisoner incarcerated 40
individual cannot reasonably accommodate any more prisoners incarcerated individuals due to 41
segregation requirements for particular prisoners incarcerated individuals or the local facility 42
does not meet the minimum standards published pursuant to G.S. 153A-221, then the judge may 43
order that a prisoner an incarcerated in dividual not housed pursuant to the Statewide 44
Misdemeanant Confinement Program established in subsection (b2) of this section be transferred 45
to a facility operated by the Division of Prisons of the Department of Adult Correction as 46
designated by the Divisi on of Prisons. In no event, however, shall a prisoner an incarcerated 47
individual whose term of imprisonment is less than 30 days be assigned or ordered transferred to 48
a facility operated by the Division of Prisons. 49
… 50
General Assembly Of North Carolina Session 2025
Senate Bill 421-First Edition Page 5
(b2) The Statewide Misdemeanant Confinement Program is established. The Program 1
shall provide for the housing of misdemeanants from all counties serving sentences imposed for 2
a period of more than 90 days and for all sentences imposed for impaired driving under 3
G.S. 20-138.1, regardless of length. Those misdemeanants shall be confined in local confinement 4
facilities except as provided in subsections (b3) and (b4) of this section. The Program shall 5
address methods for the placement and transportation of inmates and reimbursement to counties 6
for the housing of those inmates. Any county that voluntarily agrees to house misdemeanants 7
from that county or from other counties pursuant to the Program may enter into a written 8
agreement with the Division of Prisons to do so. 9
The North Carolina Sheriffs' Association shall: 10
… 11
(2) Report no later than October 1 of each year to the chairs of the House of 12
Representatives Appropriations Committee on Justice and Public Safety and 13
the Senate Appropriations Committee on Justice and Public Safety and the 14
Joint Legislative Oversight Committee on Justice and Public Safety on the 15
Statewide Misdemeanant Confinement Program. The report shall include the 16
following with respect to the prior fiscal year: 17
a. The cost of housing prisoners incarcerated individuals by county under 18
the Program. 19
b. The cost of transporting prisoners incarcerated individuals by county 20
under the Program. 21
c. Personnel costs by county. 22
d. Inmate Incarcerated individual medical care costs by county. 23
e. The number of counties that volunteer to hous e inmates incarcerated 24
individuals under the Program. 25
… 26
(b3) The custodian of a local confinement facility may request a judicial order to transfer 27
a misdemeanant housed pursuant to the Statewide Misdemeanant Confinement Program to a 28
facility operated by the Division of Prisons by certifying in writing to the clerk of the superior 29
court in the county in which the local confinement facility is located that one of the following 30
conditions is met: 31
(1) The misdemeanant poses a security risk because the misdemeanant: 32
… 33
c. Needs to be protected from other inmates, incarcerated individuals, 34
and the county jail facility cannot provide such that protection. 35
d. Is a female or a person 18 years of age or younger, and the county jail 36
facility does not have adequate housing for such prisoners. those 37
incarcerated individuals. 38
… 39
f. Otherwise poses an imminent danger to the staff of the county jail 40
facility or to other prisoners incarcerated individuals in the facility. 41
… 42
(3) The local confinement facility that would be required to house the prisoner 43
incarcerated individual (i) cannot reasonably accommodate any more 44
prisoners incarcerated individuals due to segregation requirements for 45
particular prisoners, incarcerated individuals, or the local facility does not 46
meet the minimum standards published pursuant to G.S. 153A-221, and (ii) 47
no other local confinement facility is available. 48
Upon receiving such request and certification in writing, any superior or district court judge 49
for the district in which the local confinement facility is located may, after ascertaining that the 50
request meets the criteria set forth in subdivision (1), (2), or (3) of this s ubsection, order the 51
General Assembly Of North Carolina Session 2025
Page 6 Senate Bill 421-First Edition
misdemeanant transferred to a unit of the State prison system designated by the Secretary of the 1
Department of Adult Correction or the Secretary's authorized representative. Individuals meeting 2
the condition set forth in subdivision (2 ) of this subsection may be ordered to be transferred for 3
an initial period not to exceed 30 days. The sheriff of the county from which the prisoner 4
incarcerated individual is removed shall be responsible for conveying the prisoner incarcerated 5
individual to the prison unit where the prisoner incarcerated individual is to be held and for 6
returning the prisoner incarcerated individual to the jail of the county from which the prisoner 7
incarcerated individual was transferred. The officer in charge of the prison unit designated by the 8
Secretary of the Department of Adult Correction shall receive custody of the prisoner 9
incarcerated individual in accordance with the terms of the order. Prior to the conclusion of the 10
30-day period, the Division of Prisons shall conduct an assessment of treatment and venue needs. 11
The assessment shall be conducted by the attending medical or mental health professional and 12
shall assess the medical and mental health needs of the prisoner incarcerated individual and make 13
a recommendation on whether the prisoner incarcerated individual should remain in the custody 14
of the Division of Prisons of the Department of Adult Correction or if the prisoner incarcerated 15
individual should be returned to the custody of the county. To extend the order beyond the initial 16
30-day period, the sheriff shall provide the Division of Prisons assessment and any other relevant 17
information to the resident judge or the superior court or any judge holding superior court in the 18
district or any district court judge who shall determine whether to extend the transfer of the 19
prisoner incarcerated individual to a unit of the State prison system beyond the initial 30 -day 20
period. If the judge determines that the prisoner incarcerated individual should remain in the 21
custody of the Division of Prisons, the judge shall renew the order and include a date certain for 22
review by the court. Prior to the date of review, the Division shall conduct a reassessment of 23
treatment and venue needs and the sheriff shall provide the reassessment and any other relevant 24
information to the court, as described in this subsection. If the judge determines that the prisoner 25
incarcerated individual should not remain in the custody of the Division of Prisons, the officer in 26
charge of the prison unit designated by the Secretary of the Department of Adult Correction shall 27
release custody of the prisoner incarcerated individual in accordance with the court order and the 28
instructions of the attending medical or mental health professional. The Division of Prisons shall 29
be reimbursed from the Statewide Misdemeanant Confinement Fund for the costs of housing the 30
misdemeanant, including the care, supervision, and transportation of the misdemeanant. 31
… 32
(d) When a prisoner an incarcerated individual serving a sentence of 30 days or more in 33
a local confinement facility is placed on work release pursuant to a recommendation of the 34
sentencing court, the custodian of the facility shall forward the prisoner's incarcerated 35
individual's work-release earnings to the Division of Prisons, which shall disburse the earnings 36
as determined under G.S. 148-33.1(f). When a prisoner an incarcerated individual serving a 37
sentence of 30 days or more in a local confinement facility is placed on work release pursuant to 38
an order of the sentencing court, the custodian of the facility shall forward the prisoner's 39
incarcerated individual 's work-release earnings to the clerk of the court that sentenced the 40
prisoner incarcerated individual or to the Division of Prisons, as provided in the prisoner's 41
incarcerated individual 's commitment order. The clerk or the Division, as appropriate, shall 42
disburse the earnings as provided in the prisoner's incarcerated individual's commitment order. 43
Upon agreement between the Division of Prisons and the custodian of the local confinement 44
facility, however, the clerk may disburse to the local confinement facility the amount of the 45
earnings to be paid for the cost of the prisoner's incarcerated individual's keep, and that amount 46
shall be set off against the reimbursement to be paid by the Department to the local confinement 47
facility pursuant to G.S. 148-32.1(a). 48
(e) Upon entry of a prisoner an incarcerated individual serving a sentence of 49
imprisonment for impaired driving under G.S. 20-138.1 into a local confinement facility or to a 50
detention facility approved by the Division of Juvenile Justice of the Department of Public Safety 51
General Assembly Of North Carolina Session 2025
Senate Bill 421-First Edition Page 7
pursuant to this section, the custodian of the local confinement facility or detention facility shall 1
forward to the Post -Release Supervision and Parole Commission information pertaining to the 2
prisoner incarcerated individual so as to make him the individual eligible for parole consideration 3
pursuant to G.S. 15A-1371. Such This information shall include date of incarceration, jail credit, 4
and such other information as may be required by the Post -Release Supervision and Parole 5
Commission. The Post-Release Supervision and Parole Commission shall approve a form upon 6
which the custodian shall furnish this information, which form will be provided to the custodian 7
by the Division of Prisons. 8
"§ 148-32.4. Oversight of Department of Transportation and forestry work assignments. 9
(a) No later than March 1 and September 1 of each year, the Department of Adult 10
Correction, in consultation with the Department of Transportation (DOT) and the North Carolina 11
Forest Service, shall report to the Governor and General Assembly regarding the work of 12
incarcerated individuals on DOT and forestry work assignments, including, at a minimum, all of 13
the following information: 14
(1) Total hours worked by incarcerated individuals. 15
(2) Wages paid and any deductions applied. 16
(3) Estimated cost-savings to the State compared to civilian labor costs. 17
(4) Work site safety measures implemented. 18
(5) Skill certifications and job placements available to incarcerated workers upon 19
release. 20
(b) No incarcerated individual shall be compelled to work in road maintenance, 21
construction, or forestry without voluntary participation and fair wages. 22
(c) Any forestry, conservation, or wildfire suppression work performed by incarcerated 23
individuals shall provide industry -recognized certification opportunities in firefighting, land 24
management, and forestry to improve post-release employability. 25
(d) Medical assessments for DOT and forestry work shall include, at a minimum, each of 26
the following requirements: 27
(1) No incarcerated individual shal l be assigned physically demanding labor 28
based on outward physical appearance alone. 29
(2) Eligibility for DOT and forestry work shall be based on a comprehensive 30
medical evaluation conducted by a licensed healthcare professional. 31
(e) The Prison Labor Oversight Board created by G.S. 148-32.5 shall conduct an annual 32
audit of DOT and forest ry work programs to ensure compliance with fair labor standards, 33
workforce training goals, and public transparency requirements. 34
"§ 148-32.5. Independent oversights, public transparency, and worker protections. 35
(a) A Prison Labor Oversight Board shall be established within the Department of Adult 36
Correction to do each of the following: 37
(1) Conduct annual audits of all prison labor programs. 38
(2) Ensure compliance with PIECP standards and fair wage requirements. 39
(3) Investigate allegations of forced labor, unsafe working conditions, or wage 40
exploitation. 41
(b) No later than March 1 and September 1 of each year, the Department of Adult 42
Correction shall report to the Governor and General Assembly regarding the work of incarcerated 43
individuals, including, at a minimum, all of the following information: 44
(1) The types of work assignments offered to incarcerated individuals. 45
(2) The total revenue generated from prison labor contracts. 46
(3) Job placement rates of formerly incarcerated individuals who participated in 47
work programs. 48
(4) The overall impact of prison labor programs on North Carolina's economy and 49
workforce development efforts. 50
General Assembly Of North Carolina Session 2025
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(c) The Department of Adult Correction shall establish a Prison Labor Complaint 1
Hotline, allowing incarcerated individuals, their families, and advocates to anonymously report 2
labor violations, wage theft, or unsafe conditions related to the work of incarcerated individuals. 3
"§ 148-33.1. Sentencing, quartering, and control of prisoners incarcerated individuals with 4
work-release privileges. 5
(a) Whenever a person is sentenced to imprisonment for a term to be served in the State 6
prison system or a local confinement facility, the Secretary of the Department of Adult Correction 7
may authorize the Director of Prisons or the custodian of the local confinement facility to grant 8
work-release privileges to any inmate incarcerated individual who is eligible for work release 9
and who has not been granted work -release privileges by order of the sentencing court. The 10
Secretary of the Department of Ad ult Correction shall authorize immediate work -release 11
privileges for any person serving a sentence not exceeding five years in the State prison system 12
and for whom the presiding judge shall have recommended work-release privileges when (i) it is 13
verified that appropriate employment for the person is available in an area where, in the judgment 14
of the Secretary, the Division of Prisons of the Department of Adult Correction has facilities to 15
which the person may suitably be assigned, and (ii) custodial and cor rectional considerations 16
would not be adverse to releasing the person without supervision into the free community. 17
… 18
(c) The Division of Prisons of the Department of Adult Correction shall from time to 19
time, as the need becomes evident, designate and adapt facilities in the State prison system for 20
quartering prisoners incarcerated individuals with work-release privileges. No State or county 21
prisoner incarcerated individual shall be granted work -release privileges by the Director of 22
Prisons or the custodian of a local confinement facility until suitable facilities for quartering him 23
the incarcerated individual have been provided in the area where the prisoner incarcerated 24
individual has employment or the offer of employment. 25
(d) The Secretary of the Department of Adult Correction is authorized and directed to 26
establish a work -release plan under which an eligible prisoner incarcerated individual may be 27
released from actual custody during the time ne cessary to proceed to the place of his the 28
incarcerated individual's employment, perform his the incarcerated individual's work, and return 29
to quarters designated by the prison authorities. If the prisoner incarcerated individual shall 30
violate any of the conditions prescribed by prison rules and regulations for the administration of 31
the work-release plan, then such prisoner the incarcerated individual may be withdrawn from 32
work-release privileges, and the prisoner incarcerated individual may be transferred to the 33
general prison population to serve out the remainder of his the incarcerated individual's sentence. 34
Rules and regulations for the administration of the work -release plan shall be established in the 35
same manner as other rules and regulations for the government of the State prison system. 36
(e) The State Department of Labor shall exercise the same supervision over conditions 37
of employment for persons working in the free community while serving sentences imposed 38
under this section as the Department does over conditions of employment for free persons. 39
(f) A prisoner An incarcerated individual who is convicted of a felony and who is granted 40
work-release privileges shall give his the incarcerated individual's work-release earnings, less 41
standard payroll dedu ctions required by law, to the Division of Prisons of the Department of 42
Adult Correction. A prisoner An incarcerated individual who is convicted of a misdemeanor, is 43
committed to a local confinement facility, and is granted work-release privileges by order of the 44
sentencing court shall give his the incarcerated individual's work-release earnings, less standard 45
payroll deductions required by law, to the custodian of the local confinement facility. Other 46
misdemeanants granted work -release privileges shall giv e their work -release earnings, less 47
standard payroll deductions required by law, to the Division of Prisons of the Department of 48
Adult Correction. The Division of Prisons of the Department of Adult Correction or the 49
sentencing court, as appropriate, shall determine the amount to be deducted from a prisoner's an 50
incarcerated individual's work-release earnings to pay for the cost of the prisoner's incarcerated 51
General Assembly Of North Carolina Session 2025
Senate Bill 421-First Edition Page 9
individual's keep and to accumulate a reasonable sum to be paid the prisoner incarcerated 1
individual when he the individual is paroled or discharged from prison. The Division or 2
sentencing court shall also determine the amount to be disbursed by the Division or clerk of court, 3
as appropriate, for each of the following: 4
(1) To pay travel and other expenses of the prisoner incarcerated individual made 5
necessary by his employment;the incarcerated individual's employment. 6
(2) To provide a reasonable allowance to the prisoner incarcerated individual for 7
his the incarcerated individual's incidental personal expenses;expenses. 8
(3) To make payments for the support of the prisoner's incarcerated individual's 9
dependents in accordance with an order of a court of competent jurisdiction, 10
or in the absence of a court order, in accordance with a determination of 11
dependency status and need made by the local department of social services 12
in the county of North Carolina in which such the dependents reside;reside. 13
(3a) To make restitution or reparation as provided in G.S. 148-33.2. 14
(4) To comply with an order from any cour t of competent jurisdiction regarding 15
the payment of an obligation of the prisoner incarcerated individual in 16
connection with any judgment rendered by the court. 17
(5) To comply with a written request by the prisoner incarcerated individual to 18
withhold an amount, when the request has been granted by the Division or the 19
sentencing court, as appropriate. 20
Any balance of his the incarcerated individual's earnings remaining at the time the prisoner 21
incarcerated individual is released from prison shall be paid to him. the incarcerated individual. 22
The Social Services Commission is authorized to promulgate uniform rules and regulations 23
governing the duties of county social services departments under this section. 24
(g) No prisoner incarcerated individual employed in t he free community under the 25
provisions of this section shall be deemed to be an agent, employee, or involuntary servant of the 26
State prison system while working in the free community or going to or from such that 27
employment. 28
(h) Any prisoner incarcerated individual employed under the provisions of this section 29
shall not be entitled to any benefits under Chapter 96 of the General Statutes entitled 30
"Employment Security" during the term of the sentence. 31
(i) No recommendation for work release shall be made at the time of sentencing in any 32
case in which the presiding judge shall suspend the imposition of sentence and place a convicted 33
person incarcerated individual on probation; however, if probation be subsequently revoked and 34
the active sentence of imprisonmen t executed, the court may at that time recommend work 35
release. Neither a recommendation for work release by the court or the decision of the Secretary 36
of the Department of Adult Correction to place a person on work release shall give rise to any 37
vested statutory right to an individual to be placed on or continued on work release. 38
(j) The provisions of subsections (f), (g), and (h) of this section shall also apply to 39
prisoners incarcerated individuals employed in private prison enterprises conducted pursuant to 40
G.S. 148-70. 41
"§ 148-33.2. Restitution by prisoners incarcerated individuals with work-release privileges. 42
(a) Repealed by Session Laws 1985, c. 474, s. 4. 43
(b) As a rehabilitative measure, the Secretary of the Department of Adult Correction is 44
authorized to require any prisoner incarcerated individual granted work -release privileges to 45
make restitution or reparation to an aggrieved party from any earnings gained by the defendant 46
while on work release when the sentencing court recommends that restitution or reparation be 47
paid by the defendant out of any earnings gained by the defendant if he the defendant is granted 48
work-release privileges and out of other resources of the defendant, including all real and 49
personal property owned by the defendant and the income derived from such property. The 50
Secretary shall not be bound by such this recommendation, but if they elect the Secretary elects 51
General Assembly Of North Carolina Session 2025
Page 10 Senate Bill 421-First Edition
not to implement the recommendation, they the Secretary shall state in writing the reasons 1
therefor, for not doing so and shall forward the same to the sentencing court. 2
(c) When an active sentence is imposed, the court shall consider wheth er, as a 3
rehabilitative measure, it should recommend to the Secretary of the Department of Adult 4
Correction that restitution or reparation be made by the defendant out of any earnings gained by 5
the defendant if he the defendant is granted work-release privileges and out of other resources of 6
the defendant, including all real and personal property owned by the defendant, and income 7
derived from such that property. If the court determines that restitution or reparation should not 8
be recommended, it shall so indicate on the commitment. If, however, the court determines that 9
restitution or reparation should be recommended, the court shall make its recommendation a part 10
of the order committing the defendant to custody. The recommendation shall be in a ccordance 11
with the applicable provisions of G.S. 15A-1343(d) and Article 81C of Chapter 15A of the 12
General Statutes. If the offense is one in which there is evidence of physical, mental or sexual 13
abuse of a minor, the court may order the defendant to pay f rom work release earnings the cost 14
of rehabilitative treatment for the minor. The Administrative Office of the Courts shall prepare 15
and distribute forms which provide ample space to make restitution or reparation 16
recommendations incident to commitments, wh ich forms shall be conveniently structured to 17
enable the sentencing court to make its recommendation. 18
(d) The Secretary of the Department of Adult Correction shall establish rules and 19
regulations to implement this section, which shall include adequate noti ce to the prisoner 20
incarcerated individual that the payment of restitution or reparation from any earnings gained by 21
the prisoner incarcerated individual while on work release is being considered as a condition of 22
any work-release privileges granted the prisoner, incarcerated individual, and opportunity for the 23
prisoner incarcerated individual to be heard. Such These rules and regulations shall also provide 24
additional methods whereby facts may be obtained to supplement the recommendation of the 25
sentencing court. 26
"§ 148-36. Secretary of the Department of Adult Correction to control classification and 27
operation of prison facilities. 28
All facilities established or acquired by the Division of Prisons of the Department of Adult 29
Correction shall be under the admi nistrative control and direction of the Secretary of the 30
Department of Adult Correction, and operated under rules and regulations proposed by the 31
Secretary and adopted by the Division of Prisons of the Department of Adult Correction as 32
provided in G.S. 148-11. Subject to such these rules and regulations, the Secretary shall classify 33
the facilities of the State prison system and develop a variety of programs so as to permit proper 34
segregation and treatment of prisoners incarcerated individuals according to t he nature of the 35
offenses committed, the character and mental condition of the prisoners, incarcerated individuals, 36
and such other factors as should be considered in providing an individualized system of 37
discipline, care, and correctional treatment of persons committed to the Division. The Secretary 38
of the Department of Adult Correction, or his the Secretary's authorized representative, shall 39
designate the places of confinement where sentences to imprisonment in the State's prison system 40
shall be served. The Secretary or his the Secretary's representative may designate any available 41
facility appropriate for the individual in view of custodial and correctional considerations. 42
"§ 148-37. Additional facilities authorized; contractual arrangements. 43
(a) Subject to the provisions of G.S. 143-341, the Division of Prisons of the Department 44
of Adult Correction may establ ish additional facilities for use by the Division, such these 45
facilities to be either of a permanent type of construction or of a temporary or movable type as 46
the Division may find most advantageous to the particular needs, to the end that the prisoners 47
incarcerated individuals under its supervision may be so distributed throughout the State as to 48
facilitate individualization of treatment designed to prepare them the incarcerated individuals for 49
lawful living in the community where they are each is most likely to reside after their release 50
from prison. For this purpose, the Division may purchase or lease sites and suitable lands adjacent 51
General Assembly Of North Carolina Session 2025
Senate Bill 421-First Edition Page 11
thereto to those sites and erect necessary buildings thereon, on those sites and lands, or purchase 1
or lease existing facilities, all within the limits of allotments as approved by the Department of 2
Administration. 3
(b) The Secretary of the Department of Adult Correction may contract with the proper 4
official of the United States or of any county or city of this State f or the confinement of federal 5
prisoners incarcerated individuals after they have been sentenced, county, or city prisoners 6
incarcerated individuals in facilities of the State prison system or for the confinement of State 7
prisoners incarcerated individuals in any county or any city facility located in North Carolina, or 8
any facility of the United States Bureau of Prisons, when to do so would most economically and 9
effectively promote the purposes served by the Division of Prisons of the Department of Adult 10
Correction. Except as otherwise provided, any contract made under the authority of this 11
subsection shall be for a period of not more than two years, and shall be renewable from time to 12
time for a period not to exceed two years. Contracts made under the autho rity of this subsection 13
for the confinement of State prisoners incarcerated individuals in local or district confinement 14
facilities may be for a period of not more than 10 years and renewable from time to time for a 15
period not to exceed 10 years, and shall be subject to the approval of the Council of State and the 16
Department of Administration after consultation with the Joint Legislative Commission on 17
Governmental Operations. Contracts for receiving federal, county and city prisoners incarcerated 18
individuals shall provide for reimbursing the State in full for all costs involved. The financial 19
provisions shall have the approval of the Department of Administration before the contract is 20
executed. Payments received under such these contracts shall be deposited in the State treasury 21
for the use of the Division of Prisons of the Department of Adult Correction. Such These 22
payments are hereby shall be appropriated to the Division of Prisons of the Department of Adult 23
Correction as a supp lementary fund to compensate for the additional care and maintenance of 24
such the prisoners as are received under such these contracts. 25
… 26
(c) In addition to the authority contained in subsections (a) and (b) of this section, and in 27
addition to the contracts ratified by subsection (f) of this section, the Secretary of the Department 28
of Adult Correction may enter into contracts with any public entity or any private nonprofit or 29
for-profit firms for the confinement and care of State prisoners incarcerated individuals in any 30
out-of-state correctional facility when to do so would most economically and effectively promote 31
the purposes served by the Division of Prisons of the Department of Adult Correction. Contracts 32
entered into under the authority of this subsecti on shall be for a period not to exceed two years 33
and shall be renewable from time to time for a period not to exceed two years. Prisoners 34
Incarcerated individuals may be sent to out-of-state correctional facilities only when there are no 35
available facilities in this State within the State prison system to appropriately house those 36
prisoners. incarcerated individuals. Any contract made under the authority of this subsection shall 37
be appro ved by the Department of Administration before the contract is executed. Before 38
expending more than the amount specifically appropriated by the General Assembly for the 39
out-of-state housing of inmates, incarcerated individuals, the Division shall obtain the approval 40
of the Joint Legislative Commission on Governmental Operations and shall report such 41
expenditures to the Chairs of the Senate and House Appropriations Committees, the Chairs of 42
the Senate and House Appropriations Subcommittees on Justice and Public Safety, and the Chairs 43
of the Joint Legislative Oversight Committee on Justice and Public Safety. 44
(d) Prisoners Incarcerated individuals confined in out -of-state correctional facilities 45
pursuant to subsection (c) of this section shall remain subject to the rules adopted for the conduct 46
of persons committed to the State prison system. The rules regarding good time and gain time, 47
discipline, classification, extension of the limits of confinement, transfers, housing arrangements, 48
and eligibility for parole shall apply to inmates incarcerated individuals housed in those 49
out-of-state correctional facilities. The operators of those out-of-state correctional facilities may 50
promulgate any other rules as may be necessary for the operation of those facilities with the 51
General Assembly Of North Carolina Session 2025
Page 12 Senate Bill 421-First Edition
written approval of the Secretary of the Department of Adult Correction. Custodial officials 1
employed by an out -of-state correctional facility are agents of the Secretary of the Department 2
of Adult Correction and may use those procedures for use of fo rce authorized by the Secretary 3
of the Department of Adult Correction not inconsistent with the laws of the State of situs of the 4
facility to defend themselves, to enforce the observance of discipline in compliance with 5
correctional facility rules, to secu re the person of a prisoner, an incarcerated individual, and to 6
prevent escape. Prisoners Incarcerated individuals confined to out-of-state correctional facilities 7
may be required to perform reasonable work assignments within those facilities. Private firm s 8
under subsection (c) of this section shall employ inmate disciplinary and grievance policies of 9
the Division of Prisons of the Department of Adult Correction. 10
… 11
(g) The Secretary of the Department of Adult Correction may contract with private 12
for-profit or nonprofit firms for the provision and operation of four or more confinement facilities 13
totaling up to 2,000 beds in the State to house State prisoners incarcerated individuals when to 14
do so would most economically and effectively promote the purposes served by the Division of 15
Prisons of the Department of Adult Correction. This 2,000 -bed limitation shall not apply to the 16
500 beds in private substance abuse treatment centers authorized by the General Assembly prior 17
to July 1, 1995. Whenever the Division of Prisons of the Department of Adult Correction 18
determines that new prison facilities are required in addition to existing and planned facilities, 19
the Division may contract for any remaining beds authorized by this section before constructing 20
State-operated facilities. 21
Contracts entered under the authority of this subsection shall be for a period not to exceed 10 22
years, shall be renewable from time to time for a period not to exceed 10 years. The Secretary of 23
the Department of Adult Correction shall enter contracts under this subsection only if funds are 24
appropriated for this purpose by the General Assembly. Contracts entered under the authority of 25
this subsection may be subject to any requirements for the location of the confinement facilities 26
set forth by the General Assembly in appropriating those funds. 27
Once the Division has made a determination to contract for additional private prison beds, it 28
shall issue a request for proposals within 30 days of the decision. The request for proposals shall 29
require bids to be submitted within two months, and the Division shall award contracts at the 30
earliest practicable date after the submission of bids. The Secretary of the Department of Adult 31
Correction, in consultation with the Chairs of the Joint Legislative Oversi ght Committee on 32
Justice and Public Safety and the Chairs of the House and Senate Appropriations Subcommittees 33
on Justice and Public Safety, shall make recommendations to the State Purchasing Officer on the 34
final award decision. The State Purchasing Office r shall make the final award decision, and the 35
contract shall then be subject to the approval of the Council of State after consultation with the 36
Joint Legislative Commission on Governmental Operations. 37
Contracts made under the authority of this subsection may provide the State with an option 38
to purchase the confinement facility or may provide for the purchase of the confinement facility 39
by the State. Contracts made under the authority of this subsection shall state that plans and 40
specifications for private confinement facilities shall be furnished to and reviewed by the Office 41
of State Construction. The Office of State Construction shall inspect and review each project 42
during construction to ensure that the project is suitable for habitation and to determine whether 43
the project would be suitable for future acquisition by the State. All contracts for the housing of 44
State prisoners incarcerated individuals in private confinement facilities shall require a minimum 45
of ten million dollars ($10,000,000) of occurre nce-based liability insurance and shall hold the 46
State harmless and provide reimbursement for all liability arising out of actions caused by 47
operations and employees of the private confinement facility. 48
Prisoners Incarcerated individuals housed in private confinement facilities pursuant to this 49
subsection shall remain subject to the rules adopted for the conduct of persons committed to the 50
State prison system. The Secretary of the Department of Adult Correction may review and 51
General Assembly Of North Carolina Session 2025
Senate Bill 421-First Edition Page 13
approve the design and construc tion of private confinement facilities before housing State 1
prisoners incarcerated individuals in these facilities. The rules regarding good time, gain time, 2
and earned credits, discipline, classification, extension of the limits of confinement, transfers, 3
housing arrangements, and eligibility for parole shall apply to inmates incarcerated individuals 4
housed in private confinement facilities pursuant to this subsection. The operators of private 5
confinement facilities may adopt any other rules as may be nece ssary for the operation of those 6
facilities with the written approval of the Secretary of the Department of Adult Correction. 7
Custodial officials employed by a private confinement facility are agents of the Secretary of the 8
Department of Adult Correction and may use those procedures for use of force authorized by the 9
Secretary of the Department of Adult Correction to defend themselves, to enforce the observance 10
of discipline in compliance with confinement facility rules, to secure the person of a prisoner, an 11
incarcerated individual, and to prevent escape. Private firms under this subsection shall employ 12
inmate disciplinary and grievance policies of the Division of Prisons of the Department of Adult 13
Correction. 14
… 15
(i) The Division of Prisons of the Department of Adult Correction shall make a written 16
report no later than March 1 of every year, beginning in 1997, on the substance of all outstanding 17
contracts for the housing of State prisoners incarcerated individuals entered into under the 18
authority of this sect ion. The report shall be submitted to the Joint Legislative Oversight 19
Committee on Justice and Public Safety. 20
"§ 148 -37.1. Prohibition on private prisons housing out -of-state inmates.incarcerated 21
individuals. 22
(a) Except as otherwise provided in this section or authorized by North Carolina law, no 23
municipality, county, or private entity may authorize, construct, own, or operate any type of 24
correctional facility for the confinement of inmates incarcerated individuals serving sentences 25
for violation of the laws of a jurisdiction other than North Carolina. 26
(b) The provisions of this section shall not apply to facilities owned or operated by the 27
federal government and used exclusively for the confinement of inmates incarcerated individuals 28
serving sentences for violation of federal law, but only to the extent that such those facilities are 29
not subject to restriction by the states under the provisions of the United States Constitution. 30
"§ 148-37.3. Authority of private correctional officers employed pursuant to a contract 31
with the Federal Bureau of Prisons. 32
(a) Correctional officers and security supervisors employed at private correctional 33
facilities pursuant to a contract between their employer and the Federal Bureau of Prisons may, 34
in the course of their employment as correctional officers or security supervisors, use necessary 35
force and make arrests consistent with the laws applicable to the Division of Prisons of the 36
Department of Adult Correction, which force shall not exceed that authorized to Division of 37
Prisons of the Department of Adult Correction officers, provided that the employment policies 38
of such those private corporations meet the same minimum standards and practices followed by 39
the Division of Prisons of the Department of Adult Correction in employi ng its correctional 40
personnel, and if:if either of the following circumstances applies: 41
(1) Those correctional officers and security supervisors have been certified as 42
correctional officers as provided under Article 1 of Chapter 17C of the 43
General Statutes; orStatutes. 44
(2) Those correctional officers and security supervisors employed by the private 45
corporation at the facility have completed a training curriculum that meets or 46
exceeds the standards required by the North Carolina Criminal Justice 47
Education and Training Standards Commission for correctional personnel. 48
… 49
(c) Any private corporation described in subsection (a) of this section shall reimburse the 50
State and any county or other law enforcement agency for the full cost of any additional expenses 51
General Assembly Of North Carolina Session 2025
Page 14 Senate Bill 421-First Edition
incurred by the State or the county or other law enforcement agency in connection with the 1
pursuit and apprehension of an escaped inmate incarcerated individual from the facility. 2
In the event of an escape from the facility, any private corporation describ ed in subsection 3
(a) of this section shall immediately notify the sheriff in the county in which the facility is located, 4
who shall cause an immediate entry into the Department of Public Safety's Criminal Information 5
Network. The sheriff of the county in w hich the facility is located shall be the lead law 6
enforcement officer in connection with the pursuit and apprehension of an escaped inmate 7
incarcerated individual from the facility. 8
… 9
"§ 148-40. Recapture of escaped prisoners.incarcerated individuals. 10
The rules and regulations for the government of the State prison system may provide for the 11
recapture of convicts incarcerated individuals that may escape, or any convicts incarcerated 12
individuals that may have escaped from the State's prison or prison camps, or county road camps 13
of this State, and the Division of Prisons of the Department of Adult Correction may pay to any 14
person recapturing an escaped convict such incarcerated individual a reward or expense of 15
recapture as the regulations may provide. Any citizen of North Carolina shall have authority to 16
apprehend any convict incarcerated individual who may escape before the expiration of the 17
convict's incarcerated individual 's term of imprisonment whether the convict incarcerated 18
individual be guilty of a felony or misdemeanor, and retain the convict incarcerated individual in 19
custody and deliver the convict incarcerated individual to the Division of Prisons of the 20
Department of Adult Correction. 21
"§ 148-41. Recapture of escaping prisoners; incarcerated individuals; reward. 22
The Secretary of the Department of Adult Correction shall use every means possible to 23
recapture, regardless of expense, any prisoners incarcerated individuals escaping from or leaving 24
without permission any of the State prisons, camps, or farms. When any person who has been 25
confined or placed to work escapes from the State prison system, the Secretary shall immediately 26
notify the Governor, and accompany the noti ce with a full description of the escaped prisoner, 27
incarcerated individual, together with such information as will aid in the recapture. The Governor 28
may offer such rewards as he the Governor may deem desirable and necessary for the recapture 29
and return t o the State prison system of any person who may escape or who heretofore has 30
escaped therefrom. Such escaped. The reward earned shall be paid by warrant of the Division of 31
Prisons of the Department of Adult Correction and accounted for as a part of the exp ense of 32
maintaining the State's prisons. 33
"§ 148-44. Separation as to sex. 34
The Department shall provide quarters for female prisoners incarcerated individuals separate 35
from those for male prisoners.incarcerated individuals. 36
"§ 148-45. Escaping or attempting escape from State prison system; failure of conditionally 37
and temporarily released prisoners incarcerated individuals and certain 38
youthful offenders to return to custody of Division of Prisons of the Department 39
of Adult Correction. 40
(a) Any person in the custody of the Division of Prisons of the Department of Adult 41
Correction in any of the classifications hereinafter set forth in this subsection who shall escape 42
from the State prison system, shall for the first such offense, except as provided in subsection (g) 43
of this section, be guilty of a Class 1 misdemeanor: 44
(1) A prisoner An incarcerated individual serving a sentence imposed upon 45
conviction of a misdemeanor;misdemeanor. 46
(2) A person who has been charged with a misdemeanor and who has been 47
committed to the custody of the Division of Prisons of the Department of 48
Adult Correction under the provisions of G.S. 162-39;G.S. 162-39. 49
… 50
General Assembly Of North Carolina Session 2025
Senate Bill 421-First Edition Page 15
(b) Any person in the custody of the Division of Prisons of the Department of Adult 1
Correction, in any of the classifications hereinafter set forth, forth in this subsection, who shall 2
escape from the State prison system, shall, except as provided in subsection (g) of this section, 3
be punished as a Class H felon: 4
(1) A prisoner An incarcerated individual serving a sentence imposed upon 5
conviction of a felony;felony. 6
(2) A person who has been charged with a felony and who has been committed to 7
the custody of the Division of Prisons of the Department of Adult Correction 8
under the provisions of G.S. 162-39;G.S. 162-39. 9
… 10
(4) A person who shall have been convicted of a felony and who shall have been 11
committed to the Division of Prisons of the Department of Adult Correction 12
for presentence diagnostic study under the provisions of G.S. 15A-1332(c); 13
orG.S. 15A-1332(c). 14
(5) Any person previously convicted of escaping or attempting to escape from the 15
State prison system. 16
… 17
(f) Any person convicted of an escape or attempt to escape classified as a felony by this 18
section shall be immediately classified and treated as a convicted felon even if such the person 19
has time remaining to be served in the State prison system on a sentence or sentences imposed 20
upon conviction of a misdemeanor or misdemeanors. 21
(g) (1) Any person convicted and in the custody of the Division of Prisons of the 22
Department of Adult Correction and ordered or otherwise assigned to work 23
under the work -release program, G.S. 148-33.1, or any convicted person in 24
the custody of the Division of Prisons of the Department of Adult Correction 25
and temporarily allowed to leave a pla ce of confinement by the Secretary of 26
the Department of Adult Correction or his the Secretary's designee or other 27
authority of law, who shall fail to return to the custody of the Division of 28
Prisons of the Department of Adult Correction, shall be guilty of the crime of 29
escape and subject to the applicable provisions of this section and shall be 30
deemed an escapee. For the purpose of this subsection, escape is defined to 31
include, but is not restricted to, willful failure to return to an appointed place 32
and at an appointed time as ordered. 33
(2) If a person, who would otherwise be guilty of a first violation of 34
G.S. 148-45(g)(1), voluntarily returns to his place of confinement within 24 35
hours of the time at which he the person was ordered to return, such that person 36
shall not be charged with an escape as provided in this section but shall be 37
subject to such administrative action as may be deemed appropriate for an 38
escapee by the Division of Prisons of the Department of Adult Correction; 39
said that escapee shall not be allowed to be placed on work release for a 40
four-month period or for the balance of his the escapee's term if less than four 41
months; provided, however, that if such that person commits a subsequent 42
violation of this section then such that person shall be charged with that 43
offense and, if convicted, punished under the provisions of this section. 44
"§ 148-46. Degree of protection against violence allowed. 45
(a) When any prisoner, incarcerated individual, or several combined combined, shall 46
offer violence to any officer, overseer, or correctional officer, or to any fellow prisoner, 47
incarcerated individual, or attempt to do any injury to the prison building, or to any workshop, 48
or other equipment, or shall attempt to escape, or shall res ist, or disobey any lawful command, 49
the officer, overseer, or correctional officer shall use any means necessary to defend himself, or 50
General Assembly Of North Carolina Session 2025
Page 16 Senate Bill 421-First Edition
to enforce the observance of discipline, or to secure the person of the offender, and to prevent an 1
escape. 2
(b) A misdemeanor prisoner incarcerated individual classified and treated as a convicted 3
felon as the result of a consecutive felony sentence or sentences, or a convicted felon placed in 4
the custody of the Secretary of the Department of Adult Correction pending the outcome of an 5
appeal, or a defendant charged with a felony or felonies and placed in the custody of the Secretary 6
of the Department of Adult Correction pending trial, shall be considered as a convicted felon in 7
the custody of the Secretary of the Departmen t of Adult Correction against whom any means 8
reasonably necessary, including deadly force, may be used to prevent an escape. 9
"§ 148-46.1. Inflicting or assisting in infliction of self injury to prisoner an incarcerated 10
individual resulting in incapacity to perform assigned duties. 11
Any person serving a sentence or sentences within the State prison system who, during the 12
term of such imprisonment, willfully and intentionally inflicts upon himself any injury resulting 13
in a permanent or temporary incapacity to perform work or duties assigned to him that person by 14
the Division of Prisons of the Department of Adult Correction, or any prisoner incarcerated 15
individual who aids or abets any other prisoner incarcerated individual in the commission of such 16
offense, shall be punished as a Class H felon. 17
"§ 148-46.2. Procedure when consent is refused by prisoner.an incarcerated individual. 18
When the Secretary of the Department of Adult Correction finds as a fact that the injury to 19
any prisoner incarcerated individual was willfully and intentionally self -inflicted and that an 20
operation or treatment is necessary for the preservation or restoration of the health of the prisoner 21
incarcerated individual and that the prisoner incarcerated individual is competent to act for 22
himself or herself; and that attempts have been made to obtain consent for the proposed operation 23
or treatment but such the consent was refused, and the findings have been reduced to writing and 24
entered into the prisoner's incarcerated individual's records as a permanent part thereof, of those 25
records, then the chief medical officer of the prison hospital or prison institution shall be 26
authorized to give or withhold, on behalf of the prisoner, incarcerated individual, consent to the 27
operation or treatment. 28
In all cases coming under the provisions of this section, the medical staff of the hospital or 29
institution shall keep a careful and complete medical record of the treatment and surgical 30
procedures undertaken. The record shall be signed by the chief medical officer of the hospital or 31
institution and the surgeon performing any surgery. Any treatment of self-inflicted injuries shall 32
also be subject to the provisions of G.S. 90-21.13 and G.S. 90-21.16. 33
"§ 148-47. Disposition of child born of female prisoner.incarcerated individual. 34
Any child born of a female prisoner incarcerated individual while she the individual is in 35
custody shall as soon as practicable be surrendered to the director of social services of the county 36
wherein where the child was born upon a proper order of the domestic relations court or juvenile 37
court of said that county affecting the custody of said the child. When it appears to be for the best 38
interest of the child, the court may place custody beyond the geographical bounds of Wake 39
County: Provided, however, that all subsequent proceedings and orders affecting custody of said 40
the child shall be within the jurisdiction of the proper court of the county where the infant is 41
residing at the time such the proceeding is commenced or such the order is sought: Provided, 42
further, that nothing in this section shall affect the right of the mother to consent to the adoption 43
of her the child nor shall the right of the mother to place her the child with the legal father or 44
other suitable relative be affected by the provisions of this section. 45
"§ 148-48. Parole powers of Parole Commission unaffected. 46
Nothing in this Chapter shall be construed to limit or restrict the power of the Parole 47
Commission to parole prisoners incarcerated individuals under such conditions as it may impose 48
or prevent the reimprisonment of such prisoners incarcerated individuals upon violation of the 49
conditions of such that parole, as now provided by law. 50
…." 51
General Assembly Of North Carolina Session 2025
Senate Bill 421-First Edition Page 17
SECTION 3. If any section or provision of this act is declared unconstitutional or 1
invalid by the courts, it does not affect the validity of this act as a whole or any part other than 2
the part declared to be unconstitutional or invalid. 3
SECTION 4. This act becomes effective July 1, 2026. 4