NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 506

HOUSE BILL 166

 

 

AN ACT TO MAKE PRISONERS AVAILABLE FOR WORK ON THE PUBLIC ROADS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 193 of the Session Laws of 1971, effective July 1, 1973, is hereby repealed.

Sec. 2.  G.S. 148-26 is hereby amended by the reinstatement of G.S. 148-26(b), which had been repealed by Chapter 193 of the Session Laws of 1971, so as to read as follows:

"(b)      As many minimum custody prisoners as are available and fit for road work, who cannot appropriately be placed on work release, study release, or other full-time programs, shall be employed in the maintenance and construction of public roads of the State as can be used for this purpose. The number and location of prisoners to be kept available for work on the public roads shall be agreed upon by the governing authorities of the State Department of Transportation and Highway Safety and the State Department of Correction far enough in advance of each budget to permit proper provisions to be made in the request for appropriations submitted by the Department of Transportation and Highway Safety. Any dispute between the departments will be resolved by the Governor. Prisoners so employed shall be compensated, at rates fixed by the Department of Correction's rules and regulations for work performed; provided, that no prisoner working on the public roads under the provisions of this section shall be paid more than one dollar ($1.00) per day from funds provided by the Department of Transportation and Highway Safety to the Department of Correction for this purpose."

Sec. 3.  G.S. 148-18(a) is rewritten to read as follows:

"(a)       Prisoners employed in prison enterprises shall be compensated, at rates fixed by the Department of Correction's rules and regulations, for work performed; provided, that no prisoner working for prison enterprises shall be paid more than one dollar ($1.00) per day from funds made available by the Prison Enterprises Fund.

Prisoners employed other than by prison enterprises and those involved in the maintenance and housekeeping of the prison system, shall be compensated at rates fixed by the Department of Correction's rules and regulations; provided, that no prisoner so paid shall receive more than one dollar ($1.00) per day. The source of wages and allowances provided inmates who are not employed by prison enterprises shall be funds provided by the Department of Transportation and Highway Safety to the Department of Correction for this purpose."

Sec. 4.  This act shall become effective July 1, 1975.

In the General Assembly read three times and ratified, this the 9th day of June, 1975.