§ 153A-230.3. Basic requirements for satellite jail/work release units.
§ 153A‑230.3. Basic requirements for satellite jail/work release units.
(a) Eligibility for Unit. The following rules shall governwhich misdemeanants are housed in a satellite jail/work release unit:
(1) Any convicted misdemeanant who:
a. Receives an active sentence in the county or group ofcounties operating the unit,
b. Is employed in the area or can otherwise earn his keep byworking at the unit on maintenance and other jobs related to upkeep andoperation of the unit or by assignment to community service work, and
c. Consents to placement in the unit under these conditions,
shall not be sent to the State prison system except bywritten findings of the sentencing judge that the misdemeanant is violent orotherwise a threat to the public and therefore unsuitable for confinement inthe unit.
(2) The County shall offer work release programs to both maleand female misdemeanants, through local facilities for both, or through acontractual agreement with another entity for either, provided that such arrangementis in reasonable proximity to the misdemeanant's workplace.
(3) The sentencing judge shall make a finding of fact as towhether the misdemeanant is qualified for occupancy in the unit pursuant toG.S. 15A‑1352(a). If the sentencing judge determines that themisdemeanant is qualified for occupancy in the unit and the misdemeanant meetsthe requirements of subdivision (1), then the custodian of the localconfinement facility may transfer the misdemeanant to the unit. If at any timeeither prior to or after placement of an inmate into the unit the Sheriffdetermines that there is an indication of violence, unsuitable behavior, orother threat to the public that could make the prisoner unsuitable for theunit, the Sheriff may place the prisoner in the county jail.
(4) The Sheriff may accept work release misdemeanants from othercounties provided that those inmates agree to pay for their upkeep, that spaceis available, and that the Sheriff is willing to accept responsibility for theprisoner after screening.
(5) The Sheriff may accept work release misdemeanants or felonsfrom the Department of Correction provided that those inmates agree to pay fortheir upkeep, that space is available, and that the Sheriff is willing toaccept responsibility for the prisoner after screening.
(a1) Non‑eligible for unit. If the sentencing judge findsthat the misdemeanant does not meet the eligibility criteria set forth in G.S.135A‑230.3(a)(1)b, but is otherwise eligible for placement in the unit,then the Sheriff may transfer the misdemeanant from the local confinementfacility to the unit if the misdemeanant meets the eligibility criteria at alater date. The Sheriff may also transfer prisoners who were placed in the unitpursuant to G.S. 148‑32.1(b) to the local confinement facility when spacebecomes available.
(b) Operation of Satellite Jail/Work Release Unit. A county orgroup of counties operating a satellite jail/work release unit shall complywith the following requirements concerning operation of the unit:
(1) The county shall make every effort to ensure that at leasteighty percent (80%) of the unit occupants shall be employed and on workrelease, and that the remainder shall earn their keep by working at the unit onmaintenance and other jobs related to the upkeep and operation of the unit orby assignment to community service work, and that alcohol and drugrehabilitation be available through community resources.
(2) The county shall require the occupants to give theirearnings, less standard payroll deduction required by law and premiums forgroup health insurance coverage, to the Sheriff. The county may charge a perday charge from those occupants who are employed or otherwise able to pay fromother resources available to the occupants. The per day charge shall becalculated based on the following formula: The charge shall be either theamount that the Department of Correction deducts from a prisoner's work‑releaseearnings to pay for the cost of the prisoner's keep or fifty percent (50%) ofthe occupant's net weekly income, whichever is greater, but in no event may theper day charge exceed an amount that is twice the amount that the Department ofCorrection pays each local confinement facility for the cost of providing food,clothing, personal items, supervision, and necessary ordinary medical expenses.The per day charge may be adjusted on an individual basis where restitutionand/or child support has been ordered, or where the occupant's salary orresources are insufficient to pay the charge.
The county also shall accumulate a reasonable sum fromthe earnings of the occupant to be returned to him when he is released from theunit. The county also shall follow the guidelines established for theDepartment of Correction in G.S. 148‑33.1(f) for determining the amountand order of disbursements from the occupant's earnings.
(3) Any and all proceeds from daily fees shall belong to thecounty's General Fund to aid in offsetting the operation and maintenance of thesatellite unit.
(4) The unit shall be operated on a full‑time basis, i.e.,seven days/nights a week, but weekend leave may be granted by the Sheriff. Ingranting weekend leave, the Sheriff shall follow the policies and procedures ofthe Department of Correction for granting weekend leave for Level 3 minimum custodyinmates.
(5) Earned time shall be applied to these county prisoners inthe same manner as prescribed in G.S. 15A‑1340.20 and G.S. 148‑13for State prisoners.
(6) The Sheriff shall maintain complete and accurate records oneach inmate. These records shall contain the same information as required forState prisoners that are housed in county local confinement facilities. (1987, c. 207, s. 1; 1987 (Reg. Sess., 1988), c. 1106,ss. 4, 5; 1989, c. 761, ss. 4, 7; 1993 (Reg. Sess., 1994), c. 767, s. 3.)