GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	3
SENATE BILL 137
Judiciary II Committee Substitute Adopted 3/6/01
Third Edition Engrossed 3/7/01 

 

Short Title:	Private Correctional Officers.	()	
Sponsors:	     	
Referred to:	     	
February 14, 2001

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE CERTAIN PRIVATE CORRECTIONAL OFFICERS TO USE FORCE AND MAKE ARRESTS CONSISTENT WITH NORTH CAROLINA LAW.

The General Assembly of North Carolina enacts:
SECTION 1.  Correctional officers and security supervisors employed at private correctional facilities pursuant to a contract between their employer and the Federal Bureau of Prisons, may in the course of their employment as correctional officers or security supervisors at those facilities use necessary force and make arrests consistent with the laws applicable to the North Carolina Department of Correction, provided that the Department of Correction determines that the employment policies of such private corporations meet the same minimum standards and practices followed by the Department of Correction in employing its correctional personnel, and if:
(1)	Those correctional officers and security supervisors have been certified as correctional officers as provided under Chapter 17C of the General Statutes; or
(2)	Those correctional officers and security supervisors employed by the private corporation at the facility have completed a training curriculum that the Department of Correction has determined meets or exceeds the standards required by the North Carolina Criminal Justice Education and Training Standards Commission for correctional personnel. The Department  may require that it be notified of the names and positions of such persons prior to such persons' beginning duties at the correctional facility and that the Department be notified when any such person is no longer employed in such duties at the correctional facility.
SECTION 2.  Any private corporation described in Section 1 of this act shall without limit defend, indemnify, and hold harmless the State, its officers, employees, and agents from any claims arising out of the operation of the private correctional facility, or the granting of the powers authorized under this act, including any attorneys' fees or other legal costs incurred by the State, its officers, employees, or agents as a result of such claims.
SECTION 3.  Any private corporation described in Section 1 of this act must maintain in force liability insurance to satisfy any final judgment rendered against the private corporation or the State, its officers, employees, and agents that arises out of the operation of the correctional facility or the indemnification requirements in Section 2 of this act.  The Department of Correction shall determine annually the amount of liability insurance specified in this section based upon the size and security level of the correctional facility and shall determine the requirements for ensuring that the insurance remains in force.  The minimum amount of liability insurance that will be required under this section is ten million dollars ($10,000,000) per occurrence.
SECTION 4.  The Department of Correction shall adopt rules to implement the provisions of this act.
SECTION 5.  The authority set forth in this act to use necessary force and make arrests shall be in addition to any existing authority set forth in the statutory or common law of the State.
SECTION 6.  A private corporation described in Section 1 of this act shall bear the costs of services provided by the Department of Correction for the corporation. The amount of the costs shall be determined by the Secretary of the Department.
SECTION 7.  This act is effective when it becomes law, applies to private correctional facilities, and the employees of those correctional facilities, constructed and contracted to be operated by the effective date of this act, and expires two years after the effective date.