GENERAL ASSEMBLY OF NORTH CAROLINA

1985 SESSION

 

 

CHAPTER 408

SENATE BILL 310

 

AN ACT TO AUTHORIZE TEMPORARY CUSTODY OF ABSCONDING JUVENILES BY THE JOINT SECURITY FORCE OUTSIDE TERRITORY.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 7A-571(4) is amended by inserting the following words between "by a court counselor," and "or" in the first sentence of the subdivision:  "by a member of the Black Mountain Center, Alcohol Rehabilitation Center and Juvenile Evaluation Center Joint Security Force established pursuant to G.S. 122-98.3,".

Sec. 2.  G.S. 122-98.3 is amended by designating the current language as subsection (a) and by adding the following new sentence at the end thereof, to read as follows:  "These special police officers shall also have the power prescribed by G.S. 7A-571(4) outside the territory embraced by the named centers but within the confines of Buncombe County.  These special police officers may arrest persons outside the territory of the named centers but within the confines of Buncombe County when the person arrested has committed a criminal offense within that territory, for which the officers could have arrested the person within that territory, and the arrest is made during such person's immediate and continuous flight from that territory."

Sec. 3.  G.S. 122C-421 is amended by designating the current language as subsection (a) and by adding the following new sentence at the end thereof, to read as follows:  "These special police officers shall also have the power prescribed by G.S. 7A-571(4) outside the territory embraced by the named centers but within the confines of Buncombe County.  These special police officers may arrest persons outside the territory of the named centers but within the confines of Buncombe County when the person arrested has committed a criminal offense within that territory, for which the officers could have arrested the person within that territory, and the arrest is made during such person's immediate and continuous flight from that territory."

Sec. 4.  G.S. 122-98.3 is hereby amended by adding a new subsection to read:

"(b)      These special police officers may exercise any and all of the powers enumerated in this Article upon, or in pursuit from the property, formerly occupied by the Black Mountain Center and transferred to the Department of Correction by Senate Bill 388 and House Bill 709 of the 1985 Session of the General Assembly. These special police officers shall exercise said powers upon the property transferred to the Department of Correction only by agreement of the Departments of Correction and Human Resources."

Sec. 5.  G.S. 122C-421 is hereby amended by adding a new subsection to read:

"(b)      These special police officers may exercise any and all of the powers enumerated in this part upon or in pursuit from the property formerly occupied by the Black Mountain Center and transferred to the Department of Correction by Senate Bill 388 and House Bill 709 of the 1985 Session of the General Assembly. These special police officers shall exercise said powers upon the property transferred to the Department of Correction only by agreement of the Departments of Correction and Human Resources."

Sec. 6.  Sections 1 and 2 of this act shall become effective July 1, 1985, and Sections 3 and 5 of this act shall become effective January 1, 1986.  Section 4 shall become effective on the same date as Senate Bill 388 and House Bill 709 of the 1985 Session of the General Assembly.

In the General Assembly read three times and ratified, this the 17th day of June, 1985.