Safekeeping

Published for NC Criminal Law on September 24, 2015.

What can a jail do when an inmate becomes unmanageably dangerous, or unmanageably vulnerable, or unmanageably sick? Or what about when so many people are arrested at once that the jail cannot house them all? In those situations, the jail may seek to have the inmate transferred to the state prison system through a safekeeping order. Under G.S. 162-39, a superior or district court judge may transfer an inmate from a local jail to the state prison system if the inmate: Poses a serious escape risk; Exhibits violently aggressive behavior; Needs to be protected from other inmates; Is a woman or person 18 years of age or younger for whom the county does not have adequate housing; Is in custody at a time when a fire or other catastrophe has caused the jail to cease or curtail operations; or Otherwise poses an imminent danger to the jail staff or other inmates.   If a judge issues such an order, the sheriff is responsible for conveying the inmate from the jail to prison, and for returning him or her to the jail when necessary. The prison system houses safekeepers in one of several facilities, depending on their age, sex, crime, and medical needs. For example, adult male felons are held in Central Prison or Craven Correctional Institution; misdemeanants are held at Neuse Correctional Institution; and women are held at North Carolina Correctional Institution for Women. The full list of safekeeper facilities is set out in Department of Public Safety policy. By statute, [...]