2009 North Carolina Code
Chapter 143B - Executive Organization Act of 1973.
§ 143B-262. Department of Correction - functions.

§ 143B‑262.  Department of Correction – functions.

(a)        The functions of the Department of Correction shall comprise except as otherwise expressly provided by the Executive Organization Act of 1973 or by the Constitution of North Carolina all functions of the executive branch of the State in relation to corrections and the rehabilitation of adult offenders, including detention, parole, and aftercare supervision, and further including those prescribed powers, duties, and functions enumerated in Article 14 of Chapter 143A of the General Statutes and other laws of this State.

(b)        All such functions, powers, duties, and obligations heretofore vested in the Department of Social Rehabilitation and Control and any agency enumerated in Article 14 of Chapter 143A of the General Statutes and laws of this State are hereby transferred to and vested in the Department of Correction except as otherwise provided by the Executive Organization Act of 1973. They shall include, by way of extension and not of limitation, the functions of:

(1)        The State Department of Correction and Commission of Correction,

(2)        Repealed by Session Laws 1999‑423, s. 8, effective July 1, 1999.

(3)        The State Probation Commission,

(4)        The State Board of Paroles,

(5)        The Interstate Agreement on Detainers, and

(6)        The Uniform Act for Out‑of‑State Parolee Supervision.

(c)        The Division of Community Corrections of the Department shall establish rules for intensive supervision consistent with the requirements specified in G.S. 15A‑1340.11(5).

(d)        The Department shall establish a Substance Abuse Program. This Program shall include an intensive term of inpatient treatment, normally four to six weeks, for alcohol or drug addiction in independent, residential facilities for approximately 100 offenders per facility.

(e)        The Department, in consultation with the Domestic Violence Commission, and in accordance with established best practices, shall establish a domestic violence treatment program for offenders sentenced to a term of imprisonment in the custody of the Department and whose official record includes a finding by the court that the offender committed acts of domestic violence.

The Department shall ensure that inmates, whose record includes a finding by the court that the offender committed acts of domestic violence, complete a domestic violence treatment program prior to the completion of the period of incarceration, unless other requirements, deemed critical by the Department, prevent program completion. In the event an inmate does not complete the program during the period of incarceration, the Department shall document, in the inmate's official record, specific reasons why that particular inmate did not or was not able to complete the program.  (1973, c. 1262, s. 4; 1983, c. 682, s. 1; 1987, c. 479; c. 738, s. 111(a); 1989 (Reg. Sess., 1990), c. 994; 1997‑57, s. 1; 1999‑423, s. 8; 2001‑487, s. 47(f); 2004‑186, s. 1.2; 2009‑372, s. 6.)