NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 730

SENATE BILL 806

 

 

AN ACT TO LIMIT DEPARTMENT OF CORRECTION IN ESTABLISHMENT AND SUPERVISION OF MANUFACTURING AND INDUSTRY.

 

The General Assembly of North Carolina enacts:

 

Section 1.  The first paragraph of G.S. 148-70 as the same appears in the permanent Volume 3C of the General Statutes is hereby rewritten to read as follows:

"The State Department of Correction in all contracts for labor shall provide for feeding and clothing the inmates and shall maintain, control and guard the quarters in which the inmates live during the time of the contracts; and the Department shall provide for the guarding and working of such inmates under its sole supervision and control. The Department may make such contracts for the hire of the inmates confined in the State prison as may in its discretion be proper. In accordance with the provisions of Article 11 of Chapter 66 of the General Statutes, the Department may use the labor of inmates confined in the State prison in work on farms and manufacturing, either within or without the State prison. The Department may dispose of the products of the labor of the inmates, either in farming or in manufacturing or in other industry at the State prison system, to or for any public institution owned, managed, or controlled by the State, or to or for any county, city or town in the State. Provided however, no manufacturing or other industry shall be established, supervised or controlled by the Department unless specifically approved by the Advisory Budget Commission pursuant to G.S. 66-58(f)."

Sec. 2.  G.S. 148-8 is hereby redesignated as a new subdivision (15) of subsection (b) of G.S. 66-58, and is amended by adding in line 3 of G.S. 148-8 between the word "tags" and the word "and" the words "for the State and local governments".

Sec. 3.  G.S. 148-8.1 is hereby redesignated as a new subdivision (16) of subsection (b) of G.S. 66-58.

Sec. 4.  G.S. 66-58 is hereby amended to add three new parts to subsection (c) to read as follows:

"(13)    The operation by the Department of Correction of forestry management programs on State-owned lands, including the sale on the open market of timber cut as a part of such management program.

(14)      The operation by the Department of Correction of facilities to manufacture and produce traffic and street name signs for use on the public streets and highways of the State.

(15)      The operation by the Department of Correction of facilities to manufacture and produce paint for use on the public streets and highways of the State."

Sec. 5.  G.S. 66-58 is hereby amended by adding a new subparagraph (f) to read as follows:

"(f)       Notwithstanding the provisions of G.S. 66-58(a), the operation by the Department of Correction of facilities for the manufacture of any product or the providing of any service pursuant to G.S. 148-70 not regulated by the provisions of subsection (c) hereof, shall be subject to the prior approval of the Advisory Budget Commission, with biennial review by the General Assembly, at the beginning of each fiscal year commencing after the effective date of this act. The Department of Correction shall file with the Director of the Budget quarterly reports detailing prison enterprise operations in such a format as shall be required by the Advisory Budget Commission."

Sec. 6.  This act shall become effective on October 1, 1975.

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