North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S421 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 421
	3	+	S D
	4	+	SENATE BILL DRS45239-ND-46
	5	+
5	6
6	7
7	8		Short Title: Prison Reform Omnibus. (Public)
8	9		Sponsors: Senator Applewhite (Primary Sponsor).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 25, 2025~~
11		-	~~S421 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS45239 -ND-46
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO REFORM PRISON LABOR LAWS IN NORTH CAROLINA TO ENSURE FAIR 2
14	15		COMPENSATION, MEANINGFUL REHABILITATION, EQUITABLE WORK 3
15	16		OPPORTUNITIES, AND PROTECTIONS AGAINST LABOR EXPLOITATION. 4
16	17		Whereas, the current statutory framework governing prison labor in North Carolina 5
17	18		prioritizes State cost-savings over rehabilitation and workforce readiness; and 6
18	19		Whereas, national best practices, including New York, Maryland, and the Prison 7
19	20		Industry Enhancement Certification Program (PIECP), provide models for fair, rehabilitative, 8
20	21		and economically beneficial prison labor policies; and 9
21	22		Whereas, ninety-four percent (94%) of incarcerated individuals will reenter society, 10
22	23		and equipping them with vocational skills, fair wages, and work experience is essential for 11
23	24		reducing recidivism and increasing public safety; and 12
24	25		Whereas, the North Carolina agricultural industry is facing labor shortages, and prison 13
25	26		labor must not be exploited as a replacement for migrant or seasonal workers; and 14
26	27		Whereas, transparency, oversight, and independent auditing are critical to ensuring 15
27	28		prison labor programs serve the interests of rehabilitation, workforce development, and ethical 16
28	29		labor standards; and 17
29	30		Whereas, strengthening employment placement programs and offering tax incentives 18
30	31		to businesses hiring formerly incarcerated individuals will enhance North Carolina's economy 19
31	32		and reduce recidivism; Now, therefore, 20
32	33		The General Assembly of North Carolina enacts: 21
33	34		SECTION 1. The following sections of Article 3 of Chapter 148 of the General 22
34	35		Statutes are repealed: 23
35	36		(1) G.S. 148-26. 24
36	37		(2) G.S. 148-26.1. 25
37	38		(3) G.S. 148-26.5. 26
38	39		(4) G.S. 148-32.2. 27
39	40		(5) G.S. 148-32.3. 28
40	41		(6) G.S. 148-33. 29
41	42		SECTION 2. Article 3 of Chapter 148 of the General Statutes, as amended by 30
42	43		Section 1 of this act, reads as rewritten: 31
43	44		"Article 3. 32
44	45		"Labor of Prisoners.Fair and Rehabilitative Prison Labor Act. 33
45	46		"§ 148-27.1. State policy on employment of incarcerated individuals. 34
46	47		(a) It is the policy of the State of North Carolina that all incarcerated individuals who are 35
47		-	medically and physically fit, as determined by a licensed healthcare professional, may be 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 Senate Bill 421-First Edition
	48	+	medically and physically fit, as determined by a licensed healthcare professional, may be 36
	49	+	FILED SENATE
	50	+	Mar 24, 2025
	51	+	S.B. 421
	52	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	53	+	Page 2 DRS45239-ND-46
49	54		provided with voluntary work opportunities that are rehabilitative, workforce-oriented, and fairly 1
50	55		compensated. 2
51	56		(b) Work programs under this Article shall do each of the following: 3
52	57		(1) Prioritize training and skill development in industries with viable employment 4
53	58		opportunities upon release. 5
54	59		(2) Ensure that prison labor is not used to displace non-incarcerated workers, 6
55	60		including migrant and seasonal agricultural workers. 7
56	61		(3) Comply with labor standards set forth in the Prison Industry Enhancement 8
57	62		Certification Program (PIECP), ensuring prevailing wage standards where 9
58	63		applicable. 10
59	64		(4) Offer meaningful vocational education, apprenticeship, and certification 11
60	65		programs. 12
61	66		(5) Establish gender-equitable labor policies, ensuring access to diverse work 13
62	67		opportunities for both male and female incarcerated individuals. 14
63	68		(6) Provide fair compensation, with wages at least equal to the State minimum 15
64	69		wage for PIECP-certified programs and no less than five dollars ($5.00) per 16
65	70		hour for non-PIECP programs. 17
66	71		(7) Ensure incarcerated individuals are provided post-release employment 18
67	72		assistance in collaboration with the North Carolina Department of Commerce, 19
68	73		workforce development boards, and private employers. 20
69	74		"§ 148-27.2. Definitions. 21
70	75		Unless otherwise specified or understood from the surrounding context, the following 22
71	76		definitions apply in this Article: 23
72	77		(1) Division. – The Division of Prisons of the Department of Adult Correction. 24
73	78		(2) Incarcerated individual. – A person in the custody of the Department of Adult 25
74	79		Correction or any other State or law enforcement agency, often referred to as 26
75	80		an inmate or prisoner. 27
76	81		(3) PIECP. – The Prison Industry Enhancement Certification Program. 28
77	82		(4) Secretary. – The Secretary of the Department of Adult Correction. 29
78	83		"§ 148-27.3. Prohibition on using prison labor to replace agricultural and private-sector 30
79	84		workers. 31
80	85		(a) No prison labor shall be used to replace, displace, or supplement migrant, seasonal, 32
81	86		or documented agricultural workers who have been affected by State or federal immigration 33
82	87		enforcement actions. 34
83	88		(b) Before approving any prison labor contracts in the agricultural sector, the North 35
84	89		Carolina Department of Labor shall conduct a labor market assessment to confirm a legitimate 36
85	90		labor shortage exists. 37
86	91		(c) Any incarcerated individual engaged in agricultural work shall be compensated at or 38
87	92		above the prevailing wage for agricultural laborers in the State. 39
88	93		(d) Private farms are prohibited from contracting directly with any representative or 40
89	94		entity of the Department of Adult Correction for prison labor. 41
90	95		(e) No later than March 1 and September 1 of each year, the Department of Adult 42
91	96		Correction shall report to the Governor and General Assembly regarding the use of incarcerated 43
92	97		individuals in agricultural labor, including, at a minimum, all of the following information: 44
93	98		(1) Total hours worked by incarcerated individuals during the current and 45
94	99		previous calendar year. 46
95	100		(2) Total and individual wages paid to incarcerated individuals during the current 47
96	101		and previous calendar year. 48
97	102		(3) Number of non-incarcerated agricultural jobs affected by the use of prison 49
98	103		labor pursuant to this Article during the current and previous calendar year. 50 General Assembly Of North Carolina Session 2025
99		-	~~Senate Bill 421-First Edition~~ Page 3
	104	+	DRS45239-ND-46 Page 3
100	105		"§ 148-28. Sentencing prisoners incarcerated individuals to Central Prison; youthful 1
101	106		offenders. 2
102	107		When a sentenced offender is to be taken to the Central Prison at Raleigh, a sheriff or other 3
103	108		appropriate officer of the county shall cause such prisoner the incarcerated individual to be 4
104	109		delivered with the proper commitment papers to the warden of the Central Prison. A person under 5
105	110		16 years of age convicted of a felony shall not be imprisoned in the Central Prison at Raleigh 6
106	111		unless:unless both of the following circumstances exist: 7
107	112		(1) The person was convicted of a capital felony; orfelony. 8
108	113		(2) He The person has previously been imprisoned in a county jail or under the 9
109	114		authority of the Division of Prisons of the Department of Adult Correction 10
110	115		upon conviction of a felony. 11
111	116		This provision shall not limit the authority of the Secretary of the Department of Adult Correction 12
112	117		from transferring a person under 16 years of age to Central Prison when in the Secretary's 13
113	118		determination this person would not benefit from confinement in separate facilities for youthful 14
114	119		offenders or when it has been determined that his the person's presence would be detrimental to 15
115	120		the implementation of programs designed for the benefit of other youthful offenders. Nor shall 16
116	121		this provision limit the authority of the judges of the superior courts of this State or the Secretary 17
117	122		of the Department of Adult Correction from committing or transferring a person under 16 years 18
118	123		of age to Central Prison for medical or psychiatric treatment. 19
119	124		"§ 148-29. Transportation of convicts incarcerated individuals to prison; reimbursement 20
120	125		to counties; sheriff's expense affidavit. 21
121	126		(a) The sheriff having in charge any prisoner incarcerated individual to be taken to the 22
122	127		State prison system shall send the prisoner incarcerated individual to the custody of the Division 23
123	128		of Prisons of the Department of Adult Correction after sentencing and the disposal of all pending 24
124	129		charges against the prisoner, incarcerated individual, if no appeal has been taken. Beginning on 25
125	130		the day after the Division has been notified by the sheriff that a prisoner an incarcerated 26
126	131		individual is ready for transfer and the Division has informed the sheriff that bedspace is not 27
127	132		available for that prisoner, incarcerated individual, and continuing through the day the prisoner 28
128	133		incarcerated individual is received by the Division, the Division shall pay the county:county all 29
129	134		of the following: 30
130	135		(1) A standard sum set by the General Assembly in its appropriations acts for the 31
131	136		cost of providing food, clothing, personal items, supervision, and necessary 32
132	137		ordinary medical services to the prisoner incarcerated individual awaiting 33
133	138		transfer to the State prison system; andsystem. 34
134	139		(2) Extraordinary medical costs, as defined in G.S. 148-32.1(a), incurred by 35
135	140		prisoners incarcerated individuals awaiting transfer to the State prison system. 36
136	141		If the Division determines that bedspace is not available for a prisoner an incarcerated individual 37
137	142		after the sheriff has notified the Division that the prisoner incarcerated individual is ready for 38
138	143		transfer, reimbursement under this subsection shall be made beginning on the day after the sheriff 39
139	144		gave the notification. 40
140	145		(b) The sheriff having in charge any parolee or post-release supervisee to be taken to the 41
141	146		State prison system shall send the prisoner incarcerated individual to the custody of the Division 42
142	147		of Prisons of the Department of Adult Correction after preliminary hearing held under 43
143	148		G.S. 15A-1368.6(b) or G.S. 15A-1376(b). Beginning on the day after the Division has been 44
144	149		notified by the sheriff that a prisoner an incarcerated individual is ready for transfer and the 45
145	150		Division has informed the sheriff that bedspace is not available for that prisoner, incarcerated 46
146	151		individual, and continuing through the day the prisoner incarcerated individual is received by the 47
147	152		Division, the Division shall pay the county:county all of the following: 48
148	153		(1) A standard sum set by the General Assembly in its appropriations acts for the 49
149	154		cost of providing food, clothing, personal items, supervision, and necessary 50 General Assembly Of North Carolina Session 2025
150		-	Page 4 ~~Senate Bill 421-First Edition~~
	155	+	Page 4 DRS45239-ND-46
151	156		ordinary medical services to the parolee or post-release supervisee awaiting 1
152	157		transfer to the State prison system; andsystem. 2
153	158		(2) Extraordinary medical costs, as defined in G.S. 148-32.1(a), incurred by 3
154	159		parolees or post-release supervisees awaiting transfer to the State prison 4
155	160		system. 5
156	161		If the Division determines that bedspace is not available for a prisoner an incarcerated individual 6
157	162		after the sheriff has notified the Division that the prisoner incarcerated individual is ready for 7
158	163		transfer, reimbursement under this subsection shall be made beginning on the day after the sheriff 8
159	164		gave the notification. 9
160	165		(c) The sheriff shall file with the board of commissioners of his the sheriff's county a 10
161	166		copy of his the sheriff's affidavit as to necessary guard, together with a copy of his the sheriff's 11
162	167		itemized account of expenses, both certified to by him the sheriff as true copies of those on file 12
163	168		in his the sheriff's office. 13
164	169		"§ 148-31. Maintenance of Central Prison; warden; powers and duties. 14
165	170		The Central Prison shall be maintained in such a manner as to conform to all the requirements 15
166	171		of Article XI of the State Constitution, relating to a State's prison. A suitable person shall be 16
167	172		appointed warden of the Central Prison, and he that person shall succeed to and be vested with 17
168	173		all the rights, duties, and powers heretofore vested by law in the superintendent of the State's 18
169	174		prison or the warden thereof with respect to capital punishment, or any matter of discipline of the 19
170	175		inmates incarcerated individuals of the prison not otherwise provided for in this Article. 20
171	176		"§ 148-32.1. Local confinement, costs, alternate facilities, parole, work release. 21
172	177		… 22
173	178		(b) In the event that the custodian of the local confinement facility certifies in writing to 23
174	179		the clerk of the superior court in the county in which the local confinement facility is located that 24
175	180		the local confinement facility is filled to capacity, or that the facility cannot reasonably 25
176	181		accommodate any more prisoners incarcerated individuals due to segregation requirements for 26
177	182		particular prisoners, incarcerated individuals or that the custodian anticipates, in light of local 27
178	183		experiences, an influx of temporary prisoners incarcerated individuals at that time, or if the local 28
179	184		confinement facility does not meet the minimum standards published pursuant to G.S. 153A-221, 29
180	185		any judge of the district court in the district court district as defined in G.S. 7A-133 where the 30
181	186		facility is located, or any superior court judge who has jurisdiction pursuant to G.S. 7A-47.1 or 31
182	187		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
183	188		may order that a prisoner an incarcerated individual not housed pursuant to the Statewide 33
184	189		Misdemeanant Confinement Program established in subsection (b2) of this section be transferred 34
185	190		to any other qualified local confinement facility within that district or within another such district 35
186	191		where space is available, including a satellite jail unit operated pursuant to G.S. 153A-230.3 if 36
187	192		the prisoner incarcerated individual is a non-violent misdemeanant, which local facility shall 37
188	193		accept the transferred prisoner.incarcerated individual. 38
189	194		If no other local confinement facility is available and the reason for the requested transfer is 39
190	195		that the local confinement facility that would be required to house the prisoner incarcerated 40
191	196		individual cannot reasonably accommodate any more prisoners incarcerated individuals due to 41
192	197		segregation requirements for particular prisoners incarcerated individuals or the local facility 42
193	198		does not meet the minimum standards published pursuant to G.S. 153A-221, then the judge may 43
194	199		order that a prisoner an incarcerated individual not housed pursuant to the Statewide 44
195	200		Misdemeanant Confinement Program established in subsection (b2) of this section be transferred 45
196	201		to a facility operated by the Division of Prisons of the Department of Adult Correction as 46
197	202		designated by the Division of Prisons. In no event, however, shall a prisoner an incarcerated 47
198	203		individual whose term of imprisonment is less than 30 days be assigned or ordered transferred to 48
199	204		a facility operated by the Division of Prisons. 49
200	205		… 50 General Assembly Of North Carolina Session 2025
201		-	~~Senate Bill 421-First Edition~~ Page 5
	206	+	DRS45239-ND-46 Page 5
202	207		(b2) The Statewide Misdemeanant Confinement Program is established. The Program 1
203	208		shall provide for the housing of misdemeanants from all counties serving sentences imposed for 2
204	209		a period of more than 90 days and for all sentences imposed for impaired driving under 3
205	210		G.S. 20-138.1, regardless of length. Those misdemeanants shall be confined in local confinement 4
206	211		facilities except as provided in subsections (b3) and (b4) of this section. The Program shall 5
207	212		address methods for the placement and transportation of inmates and reimbursement to counties 6
208	213		for the housing of those inmates. Any county that voluntarily agrees to house misdemeanants 7
209	214		from that county or from other counties pursuant to the Program may enter into a written 8
210	215		agreement with the Division of Prisons to do so. 9
211	216		The North Carolina Sheriffs' Association shall: 10
212	217		… 11
213	218		(2) Report no later than October 1 of each year to the chairs of the House of 12
214	219		Representatives Appropriations Committee on Justice and Public Safety and 13
215	220		the Senate Appropriations Committee on Justice and Public Safety and the 14
216	221		Joint Legislative Oversight Committee on Justice and Public Safety on the 15
217	222		Statewide Misdemeanant Confinement Program. The report shall include the 16
218	223		following with respect to the prior fiscal year: 17
219	224		a. The cost of housing prisoners incarcerated individuals by county under 18
220	225		the Program. 19
221	226		b. The cost of transporting prisoners incarcerated individuals by county 20
222	227		under the Program. 21
223	228		c. Personnel costs by county. 22
224	229		d. Inmate Incarcerated individual medical care costs by county. 23
225	230		e. The number of counties that volunteer to house inmates incarcerated 24
226	231		individuals under the Program. 25
227	232		… 26
228	233		(b3) The custodian of a local confinement facility may request a judicial order to transfer 27
229	234		a misdemeanant housed pursuant to the Statewide Misdemeanant Confinement Program to a 28
230	235		facility operated by the Division of Prisons by certifying in writing to the clerk of the superior 29
231	236		court in the county in which the local confinement facility is located that one of the following 30
232	237		conditions is met: 31
233	238		(1) The misdemeanant poses a security risk because the misdemeanant: 32
234	239		… 33
235	240		c. Needs to be protected from other inmates, incarcerated individuals, 34
236	241		and the county jail facility cannot provide such that protection. 35
237	242		d. Is a female or a person 18 years of age or younger, and the county jail 36
238	243		facility does not have adequate housing for such prisoners.those 37
239	244		incarcerated individuals. 38
240	245		… 39
241	246		f. Otherwise poses an imminent danger to the staff of the county jail 40
242	247		facility or to other prisoners incarcerated individuals in the facility. 41
243	248		… 42
244	249		(3) The local confinement facility that would be required to house the prisoner 43
245	250		incarcerated individual (i) cannot reasonably accommodate any more 44
246	251		prisoners incarcerated individuals due to segregation requirements for 45
247	252		particular prisoners, incarcerated individuals, or the local facility does not 46
248	253		meet the minimum standards published pursuant to G.S. 153A-221, and (ii) 47
249	254		no other local confinement facility is available. 48
250	255		Upon receiving such request and certification in writing, any superior or district court judge 49
251	256		for the district in which the local confinement facility is located may, after ascertaining that the 50
252	257		request meets the criteria set forth in subdivision (1), (2), or (3) of this subsection, order the 51 General Assembly Of North Carolina Session 2025
253		-	Page 6 ~~Senate Bill 421-First Edition~~
	258	+	Page 6 DRS45239-ND-46
254	259		misdemeanant transferred to a unit of the State prison system designated by the Secretary of the 1
255	260		Department of Adult Correction or the Secretary's authorized representative. Individuals meeting 2
256	261		the condition set forth in subdivision (2) of this subsection may be ordered to be transferred for 3
257	262		an initial period not to exceed 30 days. The sheriff of the county from which the prisoner 4
258	263		incarcerated individual is removed shall be responsible for conveying the prisoner incarcerated 5
259	264		individual to the prison unit where the prisoner incarcerated individual is to be held and for 6
260	265		returning the prisoner incarcerated individual to the jail of the county from which the prisoner 7
261	266		incarcerated individual was transferred. The officer in charge of the prison unit designated by the 8
262	267		Secretary of the Department of Adult Correction shall receive custody of the prisoner 9
263	268		incarcerated individual in accordance with the terms of the order. Prior to the conclusion of the 10
264	269		30-day period, the Division of Prisons shall conduct an assessment of treatment and venue needs. 11
265	270		The assessment shall be conducted by the attending medical or mental health professional and 12
266	271		shall assess the medical and mental health needs of the prisoner incarcerated individual and make 13
267	272		a recommendation on whether the prisoner incarcerated individual should remain in the custody 14
268	273		of the Division of Prisons of the Department of Adult Correction or if the prisoner incarcerated 15
269	274		individual should be returned to the custody of the county. To extend the order beyond the initial 16
270	275		30-day period, the sheriff shall provide the Division of Prisons assessment and any other relevant 17
271	276		information to the resident judge or the superior court or any judge holding superior court in the 18
272	277		district or any district court judge who shall determine whether to extend the transfer of the 19
273	278		prisoner incarcerated individual to a unit of the State prison system beyond the initial 30-day 20
274	279		period. If the judge determines that the prisoner incarcerated individual should remain in the 21
275	280		custody of the Division of Prisons, the judge shall renew the order and include a date certain for 22
276	281		review by the court. Prior to the date of review, the Division shall conduct a reassessment of 23
277	282		treatment and venue needs and the sheriff shall provide the reassessment and any other relevant 24
278	283		information to the court, as described in this subsection. If the judge determines that the prisoner 25
279	284		incarcerated individual should not remain in the custody of the Division of Prisons, the officer in 26
280	285		charge of the prison unit designated by the Secretary of the Department of Adult Correction shall 27
281	286		release custody of the prisoner incarcerated individual in accordance with the court order and the 28
282	287		instructions of the attending medical or mental health professional. The Division of Prisons shall 29
283	288		be reimbursed from the Statewide Misdemeanant Confinement Fund for the costs of housing the 30
284	289		misdemeanant, including the care, supervision, and transportation of the misdemeanant. 31
285	290		… 32
286	291		(d) When a prisoner an incarcerated individual serving a sentence of 30 days or more in 33
287	292		a local confinement facility is placed on work release pursuant to a recommendation of the 34
288	293		sentencing court, the custodian of the facility shall forward the prisoner's incarcerated 35
289	294		individual's work-release earnings to the Division of Prisons, which shall disburse the earnings 36
290	295		as determined under G.S. 148-33.1(f). When a prisoner an incarcerated individual serving a 37
291	296		sentence of 30 days or more in a local confinement facility is placed on work release pursuant to 38
292	297		an order of the sentencing court, the custodian of the facility shall forward the prisoner's 39
293	298		incarcerated individual's work-release earnings to the clerk of the court that sentenced the 40
294	299		prisoner incarcerated individual or to the Division of Prisons, as provided in the prisoner's 41
295	300		incarcerated individual's commitment order. The clerk or the Division, as appropriate, shall 42
296	301		disburse the earnings as provided in the prisoner's incarcerated individual's commitment order. 43
297	302		Upon agreement between the Division of Prisons and the custodian of the local confinement 44
298	303		facility, however, the clerk may disburse to the local confinement facility the amount of the 45
299	304		earnings to be paid for the cost of the prisoner's incarcerated individual's keep, and that amount 46
300	305		shall be set off against the reimbursement to be paid by the Department to the local confinement 47
301	306		facility pursuant to G.S. 148-32.1(a). 48
302	307		(e) Upon entry of a prisoner an incarcerated individual serving a sentence of 49
303	308		imprisonment for impaired driving under G.S. 20-138.1 into a local confinement facility or to a 50
304	309		detention facility approved by the Division of Juvenile Justice of the Department of Public Safety 51 General Assembly Of North Carolina Session 2025
305		-	~~Senate Bill 421-First Edition~~ Page 7
	310	+	DRS45239-ND-46 Page 7
306	311		pursuant to this section, the custodian of the local confinement facility or detention facility shall 1
307	312		forward to the Post-Release Supervision and Parole Commission information pertaining to the 2
308	313		prisoner incarcerated individual so as to make him the individual eligible for parole consideration 3
309	314		pursuant to G.S. 15A-1371. Such This information shall include date of incarceration, jail credit, 4
310	315		and such other information as may be required by the Post-Release Supervision and Parole 5
311	316		Commission. The Post-Release Supervision and Parole Commission shall approve a form upon 6
312	317		which the custodian shall furnish this information, which form will be provided to the custodian 7
313	318		by the Division of Prisons. 8
314	319		"§ 148-32.4. Oversight of Department of Transportation and forestry work assignments. 9
315	320		(a) No later than March 1 and September 1 of each year, the Department of Adult 10
316	321		Correction, in consultation with the Department of Transportation (DOT) and the North Carolina 11
317	322		Forest Service, shall report to the Governor and General Assembly regarding the work of 12
318	323		incarcerated individuals on DOT and forestry work assignments, including, at a minimum, all of 13
319	324		the following information: 14
320	325		(1) Total hours worked by incarcerated individuals. 15
321	326		(2) Wages paid and any deductions applied. 16
322	327		(3) Estimated cost-savings to the State compared to civilian labor costs. 17
323	328		(4) Work site safety measures implemented. 18
324	329		(5) Skill certifications and job placements available to incarcerated workers upon 19
325	330		release. 20
326	331		(b) No incarcerated individual shall be compelled to work in road maintenance, 21
327	332		construction, or forestry without voluntary participation and fair wages. 22
328	333		(c) Any forestry, conservation, or wildfire suppression work performed by incarcerated 23
329	334		individuals shall provide industry-recognized certification opportunities in firefighting, land 24
330	335		management, and forestry to improve post-release employability. 25
331	336		(d) Medical assessments for DOT and forestry work shall include, at a minimum, each of 26
332	337		the following requirements: 27
333	338		(1) No incarcerated individual shall be assigned physically demanding labor 28
334	339		based on outward physical appearance alone. 29
335	340		(2) Eligibility for DOT and forestry work shall be based on a comprehensive 30
336	341		medical evaluation conducted by a licensed healthcare professional. 31
337	342		(e) The Prison Labor Oversight Board created by G.S. 148-32.5 shall conduct an annual 32
338	343		audit of DOT and forestry work programs to ensure compliance with fair labor standards, 33
339	344		workforce training goals, and public transparency requirements. 34
340	345		"§ 148-32.5. Independent oversights, public transparency, and worker protections. 35
341	346		(a) A Prison Labor Oversight Board shall be established within the Department of Adult 36
342	347		Correction to do each of the following: 37
343	348		(1) Conduct annual audits of all prison labor programs. 38
344	349		(2) Ensure compliance with PIECP standards and fair wage requirements. 39
345	350		(3) Investigate allegations of forced labor, unsafe working conditions, or wage 40
346	351		exploitation. 41
347	352		(b) No later than March 1 and September 1 of each year, the Department of Adult 42
348	353		Correction shall report to the Governor and General Assembly regarding the work of incarcerated 43
349	354		individuals, including, at a minimum, all of the following information: 44
350	355		(1) The types of work assignments offered to incarcerated individuals. 45
351	356		(2) The total revenue generated from prison labor contracts. 46
352	357		(3) Job placement rates of formerly incarcerated individuals who participated in 47
353	358		work programs. 48
354	359		(4) The overall impact of prison labor programs on North Carolina's economy and 49
355	360		workforce development efforts. 50 General Assembly Of North Carolina Session 2025
356		-	Page 8 ~~Senate Bill 421-First Edition~~
	361	+	Page 8 DRS45239-ND-46
357	362		(c) The Department of Adult Correction shall establish a Prison Labor Complaint 1
358	363		Hotline, allowing incarcerated individuals, their families, and advocates to anonymously report 2
359	364		labor violations, wage theft, or unsafe conditions related to the work of incarcerated individuals. 3
360	365		"§ 148-33.1. Sentencing, quartering, and control of prisoners incarcerated individuals with 4
361	366		work-release privileges. 5
362	367		(a) Whenever a person is sentenced to imprisonment for a term to be served in the State 6
363	368		prison system or a local confinement facility, the Secretary of the Department of Adult Correction 7
364	369		may authorize the Director of Prisons or the custodian of the local confinement facility to grant 8
365	370		work-release privileges to any inmate incarcerated individual who is eligible for work release 9
366	371		and who has not been granted work-release privileges by order of the sentencing court. The 10
367	372		Secretary of the Department of Adult Correction shall authorize immediate work-release 11
368	373		privileges for any person serving a sentence not exceeding five years in the State prison system 12
369	374		and for whom the presiding judge shall have recommended work-release privileges when (i) it is 13
370	375		verified that appropriate employment for the person is available in an area where, in the judgment 14
371	376		of the Secretary, the Division of Prisons of the Department of Adult Correction has facilities to 15
372	377		which the person may suitably be assigned, and (ii) custodial and correctional considerations 16
373	378		would not be adverse to releasing the person without supervision into the free community. 17
374	379		… 18
375	380		(c) The Division of Prisons of the Department of Adult Correction shall from time to 19
376	381		time, as the need becomes evident, designate and adapt facilities in the State prison system for 20
377	382		quartering prisoners incarcerated individuals with work-release privileges. No State or county 21
378	383		prisoner incarcerated individual shall be granted work-release privileges by the Director of 22
379	384		Prisons or the custodian of a local confinement facility until suitable facilities for quartering him 23
380	385		the incarcerated individual have been provided in the area where the prisoner incarcerated 24
381	386		individual has employment or the offer of employment. 25
382	387		(d) The Secretary of the Department of Adult Correction is authorized and directed to 26
383	388		establish a work-release plan under which an eligible prisoner incarcerated individual may be 27
384	389		released from actual custody during the time necessary to proceed to the place of his the 28
385	390		incarcerated individual's employment, perform his the incarcerated individual's work, and return 29
386	391		to quarters designated by the prison authorities. If the prisoner incarcerated individual shall 30
387	392		violate any of the conditions prescribed by prison rules and regulations for the administration of 31
388	393		the work-release plan, then such prisoner the incarcerated individual may be withdrawn from 32
389	394		work-release privileges, and the prisoner incarcerated individual may be transferred to the 33
390	395		general prison population to serve out the remainder of his the incarcerated individual's sentence. 34
391	396		Rules and regulations for the administration of the work-release plan shall be established in the 35
392	397		same manner as other rules and regulations for the government of the State prison system. 36
393	398		(e) The State Department of Labor shall exercise the same supervision over conditions 37
394	399		of employment for persons working in the free community while serving sentences imposed 38
395	400		under this section as the Department does over conditions of employment for free persons. 39
396	401		(f) A prisoner An incarcerated individual who is convicted of a felony and who is granted 40
397	402		work-release privileges shall give his the incarcerated individual's work-release earnings, less 41
398	403		standard payroll deductions required by law, to the Division of Prisons of the Department of 42
399	404		Adult Correction. A prisoner An incarcerated individual who is convicted of a misdemeanor, is 43
400	405		committed to a local confinement facility, and is granted work-release privileges by order of the 44
401	406		sentencing court shall give his the incarcerated individual's work-release earnings, less standard 45
402	407		payroll deductions required by law, to the custodian of the local confinement facility. Other 46
403	408		misdemeanants granted work-release privileges shall give their work-release earnings, less 47
404	409		standard payroll deductions required by law, to the Division of Prisons of the Department of 48
405	410		Adult Correction. The Division of Prisons of the Department of Adult Correction or the 49
406	411		sentencing court, as appropriate, shall determine the amount to be deducted from a prisoner's an 50
407	412		incarcerated individual's work-release earnings to pay for the cost of the prisoner's incarcerated 51 General Assembly Of North Carolina Session 2025
408		-	~~Senate Bill 421-First Edition~~ Page 9
	413	+	DRS45239-ND-46 Page 9
409	414		individual's keep and to accumulate a reasonable sum to be paid the prisoner incarcerated 1
410	415		individual when he the individual is paroled or discharged from prison. The Division or 2
411	416		sentencing court shall also determine the amount to be disbursed by the Division or clerk of court, 3
412	417		as appropriate, for each of the following: 4
413	418		(1) To pay travel and other expenses of the prisoner incarcerated individual made 5
414	419		necessary by his employment;the incarcerated individual's employment. 6
415	420		(2) To provide a reasonable allowance to the prisoner incarcerated individual for 7
416	421		his the incarcerated individual's incidental personal expenses;expenses. 8
417	422		(3) To make payments for the support of the prisoner's incarcerated individual's 9
418	423		dependents in accordance with an order of a court of competent jurisdiction, 10
419	424		or in the absence of a court order, in accordance with a determination of 11
420	425		dependency status and need made by the local department of social services 12
421	426		in the county of North Carolina in which such the dependents reside;reside. 13
422	427		(3a) To make restitution or reparation as provided in G.S. 148-33.2. 14
423	428		(4) To comply with an order from any court of competent jurisdiction regarding 15
424	429		the payment of an obligation of the prisoner incarcerated individual in 16
425	430		connection with any judgment rendered by the court. 17
426	431		(5) To comply with a written request by the prisoner incarcerated individual to 18
427	432		withhold an amount, when the request has been granted by the Division or the 19
428	433		sentencing court, as appropriate. 20
429	434		Any balance of his the incarcerated individual's earnings remaining at the time the prisoner 21
430	435		incarcerated individual is released from prison shall be paid to him. the incarcerated individual. 22
431	436		The Social Services Commission is authorized to promulgate uniform rules and regulations 23
432	437		governing the duties of county social services departments under this section. 24
433	438		(g) No prisoner incarcerated individual employed in the free community under the 25
434	439		provisions of this section shall be deemed to be an agent, employee, or involuntary servant of the 26
435	440		State prison system while working in the free community or going to or from such that 27
436	441		employment. 28
437	442		(h) Any prisoner incarcerated individual employed under the provisions of this section 29
438	443		shall not be entitled to any benefits under Chapter 96 of the General Statutes entitled 30
439	444		"Employment Security" during the term of the sentence. 31
440	445		(i) No recommendation for work release shall be made at the time of sentencing in any 32
441	446		case in which the presiding judge shall suspend the imposition of sentence and place a convicted 33
442	447		person incarcerated individual on probation; however, if probation be subsequently revoked and 34
443	448		the active sentence of imprisonment executed, the court may at that time recommend work 35
444	449		release. Neither a recommendation for work release by the court or the decision of the Secretary 36
445	450		of the Department of Adult Correction to place a person on work release shall give rise to any 37
446	451		vested statutory right to an individual to be placed on or continued on work release. 38
447	452		(j) The provisions of subsections (f), (g), and (h) of this section shall also apply to 39
448	453		prisoners incarcerated individuals employed in private prison enterprises conducted pursuant to 40
449	454		G.S. 148-70. 41
450	455		"§ 148-33.2. Restitution by prisoners incarcerated individuals with work-release privileges. 42
451	456		(a) Repealed by Session Laws 1985, c. 474, s. 4. 43
452	457		(b) As a rehabilitative measure, the Secretary of the Department of Adult Correction is 44
453	458		authorized to require any prisoner incarcerated individual granted work-release privileges to 45
454	459		make restitution or reparation to an aggrieved party from any earnings gained by the defendant 46
455	460		while on work release when the sentencing court recommends that restitution or reparation be 47
456	461		paid by the defendant out of any earnings gained by the defendant if he the defendant is granted 48
457	462		work-release privileges and out of other resources of the defendant, including all real and 49
458	463		personal property owned by the defendant and the income derived from such property. The 50
459	464		Secretary shall not be bound by such this recommendation, but if they elect the Secretary elects 51 General Assembly Of North Carolina Session 2025
460		-	Page 10 ~~Senate Bill 421-First Edition~~
	465	+	Page 10 DRS45239-ND-46
461	466		not to implement the recommendation, they the Secretary shall state in writing the reasons 1
462	467		therefor, for not doing so and shall forward the same to the sentencing court. 2
463	468		(c) When an active sentence is imposed, the court shall consider whether, as a 3
464	469		rehabilitative measure, it should recommend to the Secretary of the Department of Adult 4
465	470		Correction that restitution or reparation be made by the defendant out of any earnings gained by 5
466	471		the defendant if he the defendant is granted work-release privileges and out of other resources of 6
467	472		the defendant, including all real and personal property owned by the defendant, and income 7
468	473		derived from such that property. If the court determines that restitution or reparation should not 8
469	474		be recommended, it shall so indicate on the commitment. If, however, the court determines that 9
470	475		restitution or reparation should be recommended, the court shall make its recommendation a part 10
471	476		of the order committing the defendant to custody. The recommendation shall be in accordance 11
472	477		with the applicable provisions of G.S. 15A-1343(d) and Article 81C of Chapter 15A of the 12
473	478		General Statutes. If the offense is one in which there is evidence of physical, mental or sexual 13
474	479		abuse of a minor, the court may order the defendant to pay from work release earnings the cost 14
475	480		of rehabilitative treatment for the minor. The Administrative Office of the Courts shall prepare 15
476	481		and distribute forms which provide ample space to make restitution or reparation 16
477	482		recommendations incident to commitments, which forms shall be conveniently structured to 17
478	483		enable the sentencing court to make its recommendation. 18
479	484		(d) The Secretary of the Department of Adult Correction shall establish rules and 19
480	485		regulations to implement this section, which shall include adequate notice to the prisoner 20
481	486		incarcerated individual that the payment of restitution or reparation from any earnings gained by 21
482	487		the prisoner incarcerated individual while on work release is being considered as a condition of 22
483	488		any work-release privileges granted the prisoner, incarcerated individual, and opportunity for the 23
484	489		prisoner incarcerated individual to be heard. Such These rules and regulations shall also provide 24
485	490		additional methods whereby facts may be obtained to supplement the recommendation of the 25
486	491		sentencing court. 26
487	492		"§ 148-36. Secretary of the Department of Adult Correction to control classification and 27
488	493		operation of prison facilities. 28
489	494		All facilities established or acquired by the Division of Prisons of the Department of Adult 29
490	495		Correction shall be under the administrative control and direction of the Secretary of the 30
491	496		Department of Adult Correction, and operated under rules and regulations proposed by the 31
492	497		Secretary and adopted by the Division of Prisons of the Department of Adult Correction as 32
493	498		provided in G.S. 148-11. Subject to such these rules and regulations, the Secretary shall classify 33
494	499		the facilities of the State prison system and develop a variety of programs so as to permit proper 34
495	500		segregation and treatment of prisoners incarcerated individuals according to the nature of the 35
496	501		offenses committed, the character and mental condition of the prisoners, incarcerated individuals, 36
497	502		and such other factors as should be considered in providing an individualized system of 37
498	503		discipline, care, and correctional treatment of persons committed to the Division. The Secretary 38
499	504		of the Department of Adult Correction, or his the Secretary's authorized representative, shall 39
500	505		designate the places of confinement where sentences to imprisonment in the State's prison system 40
501	506		shall be served. The Secretary or his the Secretary's representative may designate any available 41
502	507		facility appropriate for the individual in view of custodial and correctional considerations. 42
503	508		"§ 148-37. Additional facilities authorized; contractual arrangements. 43
504	509		(a) Subject to the provisions of G.S. 143-341, the Division of Prisons of the Department 44
505	510		of Adult Correction may establish additional facilities for use by the Division, such these 45
506	511		facilities to be either of a permanent type of construction or of a temporary or movable type as 46
507	512		the Division may find most advantageous to the particular needs, to the end that the prisoners 47
508	513		incarcerated individuals under its supervision may be so distributed throughout the State as to 48
509	514		facilitate individualization of treatment designed to prepare them the incarcerated individuals for 49
510	515		lawful living in the community where they are each is most likely to reside after their release 50
511	516		from prison. For this purpose, the Division may purchase or lease sites and suitable lands adjacent 51 General Assembly Of North Carolina Session 2025
512		-	~~Senate Bill 421-First Edition~~ Page 11
	517	+	DRS45239-ND-46 Page 11
513	518		thereto to those sites and erect necessary buildings thereon, on those sites and lands, or purchase 1
514	519		or lease existing facilities, all within the limits of allotments as approved by the Department of 2
515	520		Administration. 3
516	521		(b) The Secretary of the Department of Adult Correction may contract with the proper 4
517	522		official of the United States or of any county or city of this State for the confinement of federal 5
518	523		prisoners incarcerated individuals after they have been sentenced, county, or city prisoners 6
519	524		incarcerated individuals in facilities of the State prison system or for the confinement of State 7
520	525		prisoners incarcerated individuals in any county or any city facility located in North Carolina, or 8
521	526		any facility of the United States Bureau of Prisons, when to do so would most economically and 9
522	527		effectively promote the purposes served by the Division of Prisons of the Department of Adult 10
523	528		Correction. Except as otherwise provided, any contract made under the authority of this 11
524	529		subsection shall be for a period of not more than two years, and shall be renewable from time to 12
525	530		time for a period not to exceed two years. Contracts made under the authority of this subsection 13
526	531		for the confinement of State prisoners incarcerated individuals in local or district confinement 14
527	532		facilities may be for a period of not more than 10 years and renewable from time to time for a 15
528	533		period not to exceed 10 years, and shall be subject to the approval of the Council of State and the 16
529	534		Department of Administration after consultation with the Joint Legislative Commission on 17
530	535		Governmental Operations. Contracts for receiving federal, county and city prisoners incarcerated 18
531	536		individuals shall provide for reimbursing the State in full for all costs involved. The financial 19
532	537		provisions shall have the approval of the Department of Administration before the contract is 20
533	538		executed. Payments received under such these contracts shall be deposited in the State treasury 21
534	539		for the use of the Division of Prisons of the Department of Adult Correction. Such These 22
535	540		payments are hereby shall be appropriated to the Division of Prisons of the Department of Adult 23
536	541		Correction as a supplementary fund to compensate for the additional care and maintenance of 24
537	542		such the prisoners as are received under such these contracts. 25
538	543		… 26
539	544		(c) In addition to the authority contained in subsections (a) and (b) of this section, and in 27
540	545		addition to the contracts ratified by subsection (f) of this section, the Secretary of the Department 28
541	546		of Adult Correction may enter into contracts with any public entity or any private nonprofit or 29
542	547		for-profit firms for the confinement and care of State prisoners incarcerated individuals in any 30
543	548		out-of-state correctional facility when to do so would most economically and effectively promote 31
544	549		the purposes served by the Division of Prisons of the Department of Adult Correction. Contracts 32
545	550		entered into under the authority of this subsection shall be for a period not to exceed two years 33
546	551		and shall be renewable from time to time for a period not to exceed two years. Prisoners 34
547	552		Incarcerated individuals may be sent to out-of-state correctional facilities only when there are no 35
548	553		available facilities in this State within the State prison system to appropriately house those 36
549	554		prisoners. incarcerated individuals. Any contract made under the authority of this subsection shall 37
550	555		be approved by the Department of Administration before the contract is executed. Before 38
551	556		expending more than the amount specifically appropriated by the General Assembly for the 39
552	557		out-of-state housing of inmates, incarcerated individuals, the Division shall obtain the approval 40
553	558		of the Joint Legislative Commission on Governmental Operations and shall report such 41
554	559		expenditures to the Chairs of the Senate and House Appropriations Committees, the Chairs of 42
555	560		the Senate and House Appropriations Subcommittees on Justice and Public Safety, and the Chairs 43
556	561		of the Joint Legislative Oversight Committee on Justice and Public Safety. 44
557	562		(d) Prisoners Incarcerated individuals confined in out-of-state correctional facilities 45
558	563		pursuant to subsection (c) of this section shall remain subject to the rules adopted for the conduct 46
559	564		of persons committed to the State prison system. The rules regarding good time and gain time, 47
560	565		discipline, classification, extension of the limits of confinement, transfers, housing arrangements, 48
561	566		and eligibility for parole shall apply to inmates incarcerated individuals housed in those 49
562	567		out-of-state correctional facilities. The operators of those out-of-state correctional facilities may 50
563	568		promulgate any other rules as may be necessary for the operation of those facilities with the 51 General Assembly Of North Carolina Session 2025
564		-	Page 12 ~~Senate Bill 421-First Edition~~
	569	+	Page 12 DRS45239-ND-46
565	570		written approval of the Secretary of the Department of Adult Correction. Custodial officials 1
566	571		employed by an out-of-state correctional facility are agents of the Secretary of the Department 2
567	572		of Adult Correction and may use those procedures for use of force authorized by the Secretary 3
568	573		of the Department of Adult Correction not inconsistent with the laws of the State of situs of the 4
569	574		facility to defend themselves, to enforce the observance of discipline in compliance with 5
570	575		correctional facility rules, to secure the person of a prisoner, an incarcerated individual, and to 6
571	576		prevent escape. Prisoners Incarcerated individuals confined to out-of-state correctional facilities 7
572	577		may be required to perform reasonable work assignments within those facilities. Private firms 8
573	578		under subsection (c) of this section shall employ inmate disciplinary and grievance policies of 9
574	579		the Division of Prisons of the Department of Adult Correction. 10
575	580		… 11
576	581		(g) The Secretary of the Department of Adult Correction may contract with private 12
577	582		for-profit or nonprofit firms for the provision and operation of four or more confinement facilities 13
578	583		totaling up to 2,000 beds in the State to house State prisoners incarcerated individuals when to 14
579	584		do so would most economically and effectively promote the purposes served by the Division of 15
580	585		Prisons of the Department of Adult Correction. This 2,000-bed limitation shall not apply to the 16
581	586		500 beds in private substance abuse treatment centers authorized by the General Assembly prior 17
582	587		to July 1, 1995. Whenever the Division of Prisons of the Department of Adult Correction 18
583	588		determines that new prison facilities are required in addition to existing and planned facilities, 19
584	589		the Division may contract for any remaining beds authorized by this section before constructing 20
585	590		State-operated facilities. 21
586	591		Contracts entered under the authority of this subsection shall be for a period not to exceed 10 22
587	592		years, shall be renewable from time to time for a period not to exceed 10 years. The Secretary of 23
588	593		the Department of Adult Correction shall enter contracts under this subsection only if funds are 24
589	594		appropriated for this purpose by the General Assembly. Contracts entered under the authority of 25
590	595		this subsection may be subject to any requirements for the location of the confinement facilities 26
591	596		set forth by the General Assembly in appropriating those funds. 27
592	597		Once the Division has made a determination to contract for additional private prison beds, it 28
593	598		shall issue a request for proposals within 30 days of the decision. The request for proposals shall 29
594	599		require bids to be submitted within two months, and the Division shall award contracts at the 30
595	600		earliest practicable date after the submission of bids. The Secretary of the Department of Adult 31
596	601		Correction, in consultation with the Chairs of the Joint Legislative Oversight Committee on 32
597	602		Justice and Public Safety and the Chairs of the House and Senate Appropriations Subcommittees 33
598	603		on Justice and Public Safety, shall make recommendations to the State Purchasing Officer on the 34
599	604		final award decision. The State Purchasing Officer shall make the final award decision, and the 35
600	605		contract shall then be subject to the approval of the Council of State after consultation with the 36
601	606		Joint Legislative Commission on Governmental Operations. 37
602	607		Contracts made under the authority of this subsection may provide the State with an option 38
603	608		to purchase the confinement facility or may provide for the purchase of the confinement facility 39
604	609		by the State. Contracts made under the authority of this subsection shall state that plans and 40
605	610		specifications for private confinement facilities shall be furnished to and reviewed by the Office 41
606	611		of State Construction. The Office of State Construction shall inspect and review each project 42
607	612		during construction to ensure that the project is suitable for habitation and to determine whether 43
608	613		the project would be suitable for future acquisition by the State. All contracts for the housing of 44
609	614		State prisoners incarcerated individuals in private confinement facilities shall require a minimum 45
610	615		of ten million dollars ($10,000,000) of occurrence-based liability insurance and shall hold the 46
611	616		State harmless and provide reimbursement for all liability arising out of actions caused by 47
612	617		operations and employees of the private confinement facility. 48
613	618		Prisoners Incarcerated individuals housed in private confinement facilities pursuant to this 49
614	619		subsection shall remain subject to the rules adopted for the conduct of persons committed to the 50
615	620		State prison system. The Secretary of the Department of Adult Correction may review and 51 General Assembly Of North Carolina Session 2025
616		-	~~Senate Bill 421-First Edition~~ Page 13
	621	+	DRS45239-ND-46 Page 13
617	622		approve the design and construction of private confinement facilities before housing State 1
618	623		prisoners incarcerated individuals in these facilities. The rules regarding good time, gain time, 2
619	624		and earned credits, discipline, classification, extension of the limits of confinement, transfers, 3
620	625		housing arrangements, and eligibility for parole shall apply to inmates incarcerated individuals 4
621	626		housed in private confinement facilities pursuant to this subsection. The operators of private 5
622	627		confinement facilities may adopt any other rules as may be necessary for the operation of those 6
623	628		facilities with the written approval of the Secretary of the Department of Adult Correction. 7
624	629		Custodial officials employed by a private confinement facility are agents of the Secretary of the 8
625	630		Department of Adult Correction and may use those procedures for use of force authorized by the 9
626	631		Secretary of the Department of Adult Correction to defend themselves, to enforce the observance 10
627	632		of discipline in compliance with confinement facility rules, to secure the person of a prisoner, an 11
628	633		incarcerated individual, and to prevent escape. Private firms under this subsection shall employ 12
629	634		inmate disciplinary and grievance policies of the Division of Prisons of the Department of Adult 13
630	635		Correction. 14
631	636		… 15
632	637		(i) The Division of Prisons of the Department of Adult Correction shall make a written 16
633	638		report no later than March 1 of every year, beginning in 1997, on the substance of all outstanding 17
634	639		contracts for the housing of State prisoners incarcerated individuals entered into under the 18
635	640		authority of this section. The report shall be submitted to the Joint Legislative Oversight 19
636	641		Committee on Justice and Public Safety. 20
637	642		"§ 148-37.1. Prohibition on private prisons housing out-of-state inmates.incarcerated 21
638	643		individuals. 22
639	644		(a) Except as otherwise provided in this section or authorized by North Carolina law, no 23
640	645		municipality, county, or private entity may authorize, construct, own, or operate any type of 24
641	646		correctional facility for the confinement of inmates incarcerated individuals serving sentences 25
642	647		for violation of the laws of a jurisdiction other than North Carolina. 26
643	648		(b) The provisions of this section shall not apply to facilities owned or operated by the 27
644	649		federal government and used exclusively for the confinement of inmates incarcerated individuals 28
645	650		serving sentences for violation of federal law, but only to the extent that such those facilities are 29
646	651		not subject to restriction by the states under the provisions of the United States Constitution. 30
647	652		"§ 148-37.3. Authority of private correctional officers employed pursuant to a contract 31
648	653		with the Federal Bureau of Prisons. 32
649	654		(a) Correctional officers and security supervisors employed at private correctional 33
650	655		facilities pursuant to a contract between their employer and the Federal Bureau of Prisons may, 34
651	656		in the course of their employment as correctional officers or security supervisors, use necessary 35
652	657		force and make arrests consistent with the laws applicable to the Division of Prisons of the 36
653	658		Department of Adult Correction, which force shall not exceed that authorized to Division of 37
654	659		Prisons of the Department of Adult Correction officers, provided that the employment policies 38
655	660		of such those private corporations meet the same minimum standards and practices followed by 39
656	661		the Division of Prisons of the Department of Adult Correction in employing its correctional 40
657	662		personnel, and if:if either of the following circumstances applies: 41
658	663		(1) Those correctional officers and security supervisors have been certified as 42
659	664		correctional officers as provided under Article 1 of Chapter 17C of the 43
660	665		General Statutes; orStatutes. 44
661	666		(2) Those correctional officers and security supervisors employed by the private 45
662	667		corporation at the facility have completed a training curriculum that meets or 46
663	668		exceeds the standards required by the North Carolina Criminal Justice 47
664	669		Education and Training Standards Commission for correctional personnel. 48
665	670		… 49
666	671		(c) Any private corporation described in subsection (a) of this section shall reimburse the 50
667	672		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
668		-	Page 14 ~~Senate Bill 421-First Edition~~
	673	+	Page 14 DRS45239-ND-46
669	674		incurred by the State or the county or other law enforcement agency in connection with the 1
670	675		pursuit and apprehension of an escaped inmate incarcerated individual from the facility. 2
671	676		In the event of an escape from the facility, any private corporation described in subsection 3
672	677		(a) of this section shall immediately notify the sheriff in the county in which the facility is located, 4
673	678		who shall cause an immediate entry into the Department of Public Safety's Criminal Information 5
674	679		Network. The sheriff of the county in which the facility is located shall be the lead law 6
675	680		enforcement officer in connection with the pursuit and apprehension of an escaped inmate 7
676	681		incarcerated individual from the facility. 8
677	682		… 9
678	683		"§ 148-40. Recapture of escaped prisoners.incarcerated individuals. 10
679	684		The rules and regulations for the government of the State prison system may provide for the 11
680	685		recapture of convicts incarcerated individuals that may escape, or any convicts incarcerated 12
681	686		individuals that may have escaped from the State's prison or prison camps, or county road camps 13
682	687		of this State, and the Division of Prisons of the Department of Adult Correction may pay to any 14
683	688		person recapturing an escaped convict such incarcerated individual a reward or expense of 15
684	689		recapture as the regulations may provide. Any citizen of North Carolina shall have authority to 16
685	690		apprehend any convict incarcerated individual who may escape before the expiration of the 17
686	691		convict's incarcerated individual's term of imprisonment whether the convict incarcerated 18
687	692		individual be guilty of a felony or misdemeanor, and retain the convict incarcerated individual in 19
688	693		custody and deliver the convict incarcerated individual to the Division of Prisons of the 20
689	694		Department of Adult Correction. 21
690	695		"§ 148-41. Recapture of escaping prisoners; incarcerated individuals; reward. 22
691	696		The Secretary of the Department of Adult Correction shall use every means possible to 23
692	697		recapture, regardless of expense, any prisoners incarcerated individuals escaping from or leaving 24
693	698		without permission any of the State prisons, camps, or farms. When any person who has been 25
694	699		confined or placed to work escapes from the State prison system, the Secretary shall immediately 26
695	700		notify the Governor, and accompany the notice with a full description of the escaped prisoner, 27
696	701		incarcerated individual, together with such information as will aid in the recapture. The Governor 28
697	702		may offer such rewards as he the Governor may deem desirable and necessary for the recapture 29
698	703		and return to the State prison system of any person who may escape or who heretofore has 30
699	704		escaped therefrom. Such escaped. The reward earned shall be paid by warrant of the Division of 31
700	705		Prisons of the Department of Adult Correction and accounted for as a part of the expense of 32
701	706		maintaining the State's prisons. 33
702	707		"§ 148-44. Separation as to sex. 34
703	708		The Department shall provide quarters for female prisoners incarcerated individuals separate 35
704	709		from those for male prisoners.incarcerated individuals. 36
705	710		"§ 148-45. Escaping or attempting escape from State prison system; failure of conditionally 37
706	711		and temporarily released prisoners incarcerated individuals and certain 38
707	712		youthful offenders to return to custody of Division of Prisons of the Department 39
708	713		of Adult Correction. 40
709	714		(a) Any person in the custody of the Division of Prisons of the Department of Adult 41
710	715		Correction in any of the classifications hereinafter set forth in this subsection who shall escape 42
711	716		from the State prison system, shall for the first such offense, except as provided in subsection (g) 43
712	717		of this section, be guilty of a Class 1 misdemeanor: 44
713	718		(1) A prisoner An incarcerated individual serving a sentence imposed upon 45
714	719		conviction of a misdemeanor;misdemeanor. 46
715	720		(2) A person who has been charged with a misdemeanor and who has been 47
716	721		committed to the custody of the Division of Prisons of the Department of 48
717	722		Adult Correction under the provisions of G.S. 162-39;G.S. 162-39. 49
718	723		… 50 General Assembly Of North Carolina Session 2025
719		-	~~Senate Bill 421-First Edition~~ Page 15
	724	+	DRS45239-ND-46 Page 15
720	725		(b) Any person in the custody of the Division of Prisons of the Department of Adult 1
721	726		Correction, in any of the classifications hereinafter set forth, forth in this subsection, who shall 2
722	727		escape from the State prison system, shall, except as provided in subsection (g) of this section, 3
723	728		be punished as a Class H felon: 4
724	729		(1) A prisoner An incarcerated individual serving a sentence imposed upon 5
725	730		conviction of a felony;felony. 6
726	731		(2) A person who has been charged with a felony and who has been committed to 7
727	732		the custody of the Division of Prisons of the Department of Adult Correction 8
728	733		under the provisions of G.S. 162-39;G.S. 162-39. 9
729	734		… 10
730	735		(4) A person who shall have been convicted of a felony and who shall have been 11
731	736		committed to the Division of Prisons of the Department of Adult Correction 12
732	737		for presentence diagnostic study under the provisions of G.S. 15A-1332(c); 13
733	738		orG.S. 15A-1332(c). 14
734	739		(5) Any person previously convicted of escaping or attempting to escape from the 15
735	740		State prison system. 16
736	741		… 17
737	742		(f) Any person convicted of an escape or attempt to escape classified as a felony by this 18
738	743		section shall be immediately classified and treated as a convicted felon even if such the person 19
739	744		has time remaining to be served in the State prison system on a sentence or sentences imposed 20
740	745		upon conviction of a misdemeanor or misdemeanors. 21
741	746		(g) (1) Any person convicted and in the custody of the Division of Prisons of the 22
742	747		Department of Adult Correction and ordered or otherwise assigned to work 23
743	748		under the work-release program, G.S. 148-33.1, or any convicted person in 24
744	749		the custody of the Division of Prisons of the Department of Adult Correction 25
745	750		and temporarily allowed to leave a place of confinement by the Secretary of 26
746	751		the Department of Adult Correction or his the Secretary's designee or other 27
747	752		authority of law, who shall fail to return to the custody of the Division of 28
748	753		Prisons of the Department of Adult Correction, shall be guilty of the crime of 29
749	754		escape and subject to the applicable provisions of this section and shall be 30
750	755		deemed an escapee. For the purpose of this subsection, escape is defined to 31
751	756		include, but is not restricted to, willful failure to return to an appointed place 32
752	757		and at an appointed time as ordered. 33
753	758		(2) If a person, who would otherwise be guilty of a first violation of 34
754	759		G.S. 148-45(g)(1), voluntarily returns to his place of confinement within 24 35
755	760		hours of the time at which he the person was ordered to return, such that person 36
756	761		shall not be charged with an escape as provided in this section but shall be 37
757	762		subject to such administrative action as may be deemed appropriate for an 38
758	763		escapee by the Division of Prisons of the Department of Adult Correction; 39
759	764		said that escapee shall not be allowed to be placed on work release for a 40
760	765		four-month period or for the balance of his the escapee's term if less than four 41
761	766		months; provided, however, that if such that person commits a subsequent 42
762	767		violation of this section then such that person shall be charged with that 43
763	768		offense and, if convicted, punished under the provisions of this section. 44
764	769		"§ 148-46. Degree of protection against violence allowed. 45
765	770		(a) When any prisoner, incarcerated individual, or several combined combined, shall 46
766	771		offer violence to any officer, overseer, or correctional officer, or to any fellow prisoner, 47
767	772		incarcerated individual, or attempt to do any injury to the prison building, or to any workshop, 48
768	773		or other equipment, or shall attempt to escape, or shall resist, or disobey any lawful command, 49
769	774		the officer, overseer, or correctional officer shall use any means necessary to defend himself, or 50 General Assembly Of North Carolina Session 2025
770		-	Page 16 ~~Senate Bill 421-First Edition~~
	775	+	Page 16 DRS45239-ND-46
771	776		to enforce the observance of discipline, or to secure the person of the offender, and to prevent an 1
772	777		escape. 2
773	778		(b) A misdemeanor prisoner incarcerated individual classified and treated as a convicted 3
774	779		felon as the result of a consecutive felony sentence or sentences, or a convicted felon placed in 4
775	780		the custody of the Secretary of the Department of Adult Correction pending the outcome of an 5
776	781		appeal, or a defendant charged with a felony or felonies and placed in the custody of the Secretary 6
777	782		of the Department of Adult Correction pending trial, shall be considered as a convicted felon in 7
778	783		the custody of the Secretary of the Department of Adult Correction against whom any means 8
779	784		reasonably necessary, including deadly force, may be used to prevent an escape. 9
780	785		"§ 148-46.1. Inflicting or assisting in infliction of self injury to prisoner an incarcerated 10
781	786		individual resulting in incapacity to perform assigned duties. 11
782	787		Any person serving a sentence or sentences within the State prison system who, during the 12
783	788		term of such imprisonment, willfully and intentionally inflicts upon himself any injury resulting 13
784	789		in a permanent or temporary incapacity to perform work or duties assigned to him that person by 14
785	790		the Division of Prisons of the Department of Adult Correction, or any prisoner incarcerated 15
786	791		individual who aids or abets any other prisoner incarcerated individual in the commission of such 16
787	792		offense, shall be punished as a Class H felon. 17
788	793		"§ 148-46.2. Procedure when consent is refused by prisoner.an incarcerated individual. 18
789	794		When the Secretary of the Department of Adult Correction finds as a fact that the injury to 19
790	795		any prisoner incarcerated individual was willfully and intentionally self-inflicted and that an 20
791	796		operation or treatment is necessary for the preservation or restoration of the health of the prisoner 21
792	797		incarcerated individual and that the prisoner incarcerated individual is competent to act for 22
793	798		himself or herself; and that attempts have been made to obtain consent for the proposed operation 23
794	799		or treatment but such the consent was refused, and the findings have been reduced to writing and 24
795	800		entered into the prisoner's incarcerated individual's records as a permanent part thereof, of those 25
796	801		records, then the chief medical officer of the prison hospital or prison institution shall be 26
797	802		authorized to give or withhold, on behalf of the prisoner, incarcerated individual, consent to the 27
798	803		operation or treatment. 28
799	804		In all cases coming under the provisions of this section, the medical staff of the hospital or 29
800	805		institution shall keep a careful and complete medical record of the treatment and surgical 30
801	806		procedures undertaken. The record shall be signed by the chief medical officer of the hospital or 31
802	807		institution and the surgeon performing any surgery. Any treatment of self-inflicted injuries shall 32
803	808		also be subject to the provisions of G.S. 90-21.13 and G.S. 90-21.16. 33
804	809		"§ 148-47. Disposition of child born of female prisoner.incarcerated individual. 34
805	810		Any child born of a female prisoner incarcerated individual while she the individual is in 35
806	811		custody shall as soon as practicable be surrendered to the director of social services of the county 36
807	812		wherein where the child was born upon a proper order of the domestic relations court or juvenile 37
808	813		court of said that county affecting the custody of said the child. When it appears to be for the best 38
809	814		interest of the child, the court may place custody beyond the geographical bounds of Wake 39
810	815		County: Provided, however, that all subsequent proceedings and orders affecting custody of said 40
811	816		the child shall be within the jurisdiction of the proper court of the county where the infant is 41
812	817		residing at the time such the proceeding is commenced or such the order is sought: Provided, 42
813	818		further, that nothing in this section shall affect the right of the mother to consent to the adoption 43
814	819		of her the child nor shall the right of the mother to place her the child with the legal father or 44
815	820		other suitable relative be affected by the provisions of this section. 45
816	821		"§ 148-48. Parole powers of Parole Commission unaffected. 46
817	822		Nothing in this Chapter shall be construed to limit or restrict the power of the Parole 47
818	823		Commission to parole prisoners incarcerated individuals under such conditions as it may impose 48
819	824		or prevent the reimprisonment of such prisoners incarcerated individuals upon violation of the 49
820	825		conditions of such that parole, as now provided by law. 50
821	826		…." 51 General Assembly Of North Carolina Session 2025
822		-	~~Senate Bill 421-First Edition~~ Page 17
	827	+	DRS45239-ND-46 Page 17
823	828		SECTION 3. If any section or provision of this act is declared unconstitutional or 1
824	829		invalid by the courts, it does not affect the validity of this act as a whole or any part other than 2
825	830		the part declared to be unconstitutional or invalid. 3
826	831		SECTION 4. This act becomes effective July 1, 2026. 4