New Rules for Safekeepers

A new law, already in effect as of October 1, 2019, makes some important changes to the process for transferring certain inmates from the county jail to the State prison system for medical or mental health treatment—commonly referred to as safekeepers. Under prior law, an inmate could be transferred from the county jail to the Division of Adult Correction and Juvenile Justice of the Department of Public Safety (DACJJ, or in other words, the state prison system) if the custodian decided that the inmate required medical or mental health treatment that could best be provided there. A district or superior court judge would order the transfer, and the inmate would be returned to the county when the attending medical or mental health professional determined that he or she could be returned safely. G.S. 162-39(d). The judge was not required to state any particular timeline or duration for the confinement in prison. Under the revised law, S.L. 2019-171 (H 108), effective for prisoners transferred on or after October 1, 2019, orders transferring a prisoner from the jail to DACJJ for medical or mental health treatment are limited to an initial period not to exceed 30 days. Before that up-to-30-day period ends, DACJJ will conduct an assessment of the inmate’s needs and make a recommendation on whether the inmate should stay in DACJJ or be returned to the county. There is no statewide boilerplate form for these transfers. To extend the order beyond the initial period, the sheriff will need to present DACJJ’s [...]