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Nc Doc Rules and Policies Inmate Booklet Oct 2007

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DC-239

RULES AND P·OLICIES
Governing the Management and Conduct
of Inmates under the Control of
the Division of Prisons

INMATE BOOKLET

DEPARTMENT OF CORRECTION
Raleigh, North Carolina

OCTOBER
2007
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Revised October 2007

INTRODUCTION

This booklet has been prepared for you as a guide while you are in prison. Important rules that
you are to follow while you are in prison are written here.
These rules have been written in agreement with the law and written in this booklet in short form.
If there is any connict between the rules contained in this booklet and the Department of
Correction's Policy and Procedures· Manual, go by the rules in the Policy and Procedures Manual.
If you will read and follow the rules in this booklet, your time in prison will be easier.
The people who work for the Division of Prisons can be of help to you. If you have any questions
about any matter, ask a member of the staff. If you have any questions about any of the rules in
this booklet, see a staff member and they will answer your questions.
Obey all prison rules and make the most of chances to show that you can act in a manner which
can lead to your release.

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DEFINITIONS
ADMINISTRATIVE SEGREGATION- An assignment status that temporarily removes an inmate
from the general population and places them in a single cell on a short-term basis to provide
control or protection of the inmate pending final classification or disciplinary action.
REGION DIRECTOR- A person who is in charge of several prison facilities in a geographic
region.
COMBINED RECORDS- A place located in the main office in Raleigh where copies of inmate
records are kept.
COMMUNITY VOLUNTEER- Persons from the community who give their time to help inmates.
Under certain conditions, a volunteer may take an inmate out on pass for short periods.
COMMITTED YOUTHFUL OFFENDERS- Inmates who are under 25 years of age and who are
sentenced as a Committed Youthful Offender by a judge. This designation was eliminated by the
structured sentencing laws for offenses committed on or after October I, 1994.
DEATH ROW- The assignment status of inmates admitted to prison on a death order
commitment. These persons a'rehoused only at Central Prison and at the North Carolina
Correctional Institution for Women.
o

DIRECTOR bF PRISONS- The 'person who is in charge of all prisons in the state.
DISCIPLINARY SEGREGATION- The assignment status of inmates who are subject to
punishment after being found guilty of a rule violation.
HIGH SECURITY MAXIMUM CONTROL- The most restrictive location within the Division of
Prisons where the most disruptive and dangerous inmates may be housed.
INDETERMINATE SENTENCE- A sentence that has two parts- a lesser (minimum) and a
greater (maximum). An example is 4 (lesser) to 6 (greater) years.
INSTITUTION HEAD, CORRECTIONAL ADMINISTRATOR or SUPERINTENDENT- A
person who is in charge of a prison.
INTENSIVE CONTROL- An assignment status for inmates who have shown disruptive behavior
through disciplinary offenses, assaultive actions or who otherwise have been a continuous
disruptive influence on the operation of the facility to the extent that additional structure and
management by prison authorities are required.
INVESTIGATING OFFICER- A person who gathers the facts when it is felt that an inmate may
have broken the rules, or some incident has happened.
(

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MAXIMUM, CONTROL- A status designated to control inmates who pose a threat to the safety
of staff and other inmates or who otherwise pose a serious threat to the security of a prison
facility.

"

PAROLE CASE ANALYST- A person who works for the Post-Release Supervision and Parole
Commission. This person is in charge of studying the inmate's records to decide if the inmate is
ready to be considered for parole.
PROTECTIVE CONTROL- Segregation to protect inmates when their lives or well-being may be
threatened by staying in the general population..
RESIDENCI; PLAN- The place where inmates plan to live when they get out of prison.
SECRETARY OF CORRECTI0N- The person appointed by the Governor who is in charge of
the Department of Correction..
SECURITY RISK- A possible danger to inmates, staff, the general public, etc.
SECURITY CONTROL STATUS- Level of individual supervision, isolation, and control.
SENTENCE REDUCTION CREDITS- Time credits applied to an inmate's sentence that reduce
the amount of time to be served. Included are good time, gain time, earned time and meritorious
time.
STUDY RELEASE- Under ceJ;tain conditions inmates may be allowed to leave prison for job
training or to attend a school. They must return to the prison at the end of the school day.
UNSUPERVISED ACTIVITY-Under certain conditions inmates are allowed to leave the prison
alone to go to work, school, or visit in their homes.
WORK PROGRAM- All inmates are exp'ected to work either at the facility or under certain
conditions in~ates may be allowed to leave prison during the day to work. They must return to
the prison at night.

GENERAL REGULATIONS GOVERNING THE SUPERVISION AND CONDUCT
OF INMATES

1.

INMATE PROPERTY AND INMATE TRUST FUND

Money- At some prisons, a cashless canteen system is used, and inmates are not allowed to have
cash in their possession. Their canteen purchases are made with a debit card. Any inmate found
possessing cash shall be disciplined.
At prisons where cash is allowed, inmates may have no more than $40.00 in their possession at
any time. Upon admission to prison, any money over $40.00 is placed in his or her Trust Fund.
Ask facility officials for the procedure for getting Trust Fund money. Inmates may not have a bill
of money greater than $5.00. While in prison, if an inmate has more than $40.00 in his
possession ot a bill larger than $5.00, the inmate will be disciplined. If an inmate is found guilty
of this act, any money, or bill larger than $5.00, will be placed in the Inmate Welfare Fund and
not given back to the inmate. Money is not to be passed during visitation. This will result in
disciplinary action. This is requi~e~ for the following reasons:
(1)

to make sure the money doesn't get stolen from the inmate owner;

(2)

to let the inmate withdraw necessary amounts to buy approved items;

(3)

to keep the money from being used for the wrong reasons;

(4)

if an inmate's family lives in North Carolina and receives welfare while the inmate
is in prison, money from the Trust Fund account can be used to help support the
family. The needs of the family will be set by the Department of Social Services
(Welfare Office) in the county where the family lives; and

(5)

to give back to inmates any money that is left in their account when they leave
prison.

Personal Pr6pcrty- The following rules are used in each prison facility. Some prison facilities
may add to t~ese rules because of a need for more security and control. Any item you have not
been authorized to possess is contraband and in some situations illegal and may be taken from
you. Further, this may result in disciplinary action.
Authorized Items- A list ofpersoiial property items other than clothing that inmates may have is
shown below. The Division of Prisons will not be responsible for any items in the possession of
the inmate if they are damaged, lost, or stolen.
(1)

Unless an inmate in Medium or Close Custody is in a control status which prevents
it, they may receive a reasonable number of books, newspapers, magazines, and
other reading material directly from the distributor or publisher (publisher is
defined to include legitimate wholesale marketers and distribution centers for
published materials. This definition does not include retail bookstores.) An
inmate in Minimum ~ustody may receive reading material from any source. The
reading material will be searched to make sure that it is not used to hide items that
inmates are not allowed to have and that the material does not contain sexually
explicit or nude pictures or other threats to security, order or rehabilitation.

(2)

Personal funds- Inmates will be allowed to have no more than $40.00 on their
person at any time. An inmate will not be allowed to have bills of money larger
than $5.00. Inmates approved for community based programs that take public
transportation are allowed to have, at the discretion of the Facility Head, a
specified amount of funds in excess of $40.00 to pay for the transportation.

(3)

Eyeglasses and

(4)

Approved religious items.

(5)

Inmates may possess one canteen purchased watch. They may also possess a
wedding ring and engagement ring for women. All other jewelry will be sent
home at the owner's expense. The cost of these items shall not exceed $100.00
total value.

(6)

Inmates may possess one battery operated transistor radio ("Walkman" style) with
earplugs, not larger than 5" long by 3" high by I" deep. These radios must be
purchased from a facility or institutional canteen. The Division of Prisons will not
replace any radio that is lost, damaged, or stolen. The officer-in-charge may
designate an area where radios can be used without earplugs.

(7)

Toothbrushes, shaving cream, safety razors, and blades.

(8)

Unframed pictures not larger than 8 inches by 10 inches.

(9)

Canteen items which are purchased at one facility of the prison system by an
inmate may be taken to another facility by the inmate when he is transferred.
J

ca~~~. ;not

made of metal.

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(10)

Inmates are allowed to receive personal mail approved according to the mail policy
after these items ha~e been searched for unauthorized items by a correctional
officer.

(II)

Wallets or pocketbooks.

(12)

Legal papers- Inmates are allowed to keep legal papers for cases that are or may be
coming before the courts. They may also keep other papers connected with legal
matters when it is necessary for proper handling of the matter. Other legal papers
may also be. kept, but the amounts will be controlled in order to keep proper
cleanliness, storage space, and security. If inmates have questions whether they
can keep legal papers, they may ask the Director of Prisons, or someone who may
act for the Director to settle the question. When an inmate is not allowed to keep
legal papers that may be needed in the future, they may be stored in a safe place at
the facility if space is available.

(13)

Personal clothing- In addition, inmates granted community based privileges are
allowed to have some items of personal clothing.
Inmates may possess one pair of canteen purchased tennis shoes, one pair of
shower shoes and,9pe: pair of state issued work boots.

(14)

..

Prohibited Items- Items of personal property which inmates are not allowed to keep will be taken
by an officer. If the inmate has money to pay mailing costs, the property will be mailed to a
person named by the inmate. If the inmate has no money, mailing costs will be paid by the
Division of Prisons. If the inmate will not or cannot name a person to whom items may be sent,
the unauthorized items will be given to charity or otherwise handled as unneeded property. The
Division of Prisons will not be responsible for storing or handling items that are not authorized.

2.

CUSTODY CLASSIFICATION

Inmates are initially classified based on conduct, types of criminal offenses (Misdemeanor or
Felony), sentence length, and other factors as Minimum Custody, Medium Custody or Close
Custody.
Minimum Custody- This custody is the least restrictive and has the most privileges of the
custody grades.
(l)

Inmates in Minirh'ufu Custody, Level One may work on the grounds and
away from a prison facility, as long as an officer is with them.

(2)

Inmates in Minimum Custody, Level Two may work on the grounds of a prison
or away from the facility with supervision. They may also go out with a person
from the community who has volunteered and is certified to work with the inmate.

(3)

Inmates in Minimum Custody, Level Three may go offsite from the facility for
specific programs, jobs, school or other kinds of training.

Medium Custody- This custod~ is more restrictive and has fewer privileges than Minimum
Custody. Inmates in Medium Custody are under armed supervision.
Close Custody- This custody is armed supervision and more restrictive than Medium Custody
and is for those inmates who must be closely watched because they are an escape risk, they have
been convicted of a very serious crime, or their actions in prison have shown that they will not
follow the rules.

3.

SENTENCE REDUCTION CREDITS

Good Time- All inmates whose crimes occurred before October 1, 1994, except those serving
sentences for which state laws 'pVdHibit .the awarding of good time, will receive credit for good
behavior at the rate of (1) day deducted for each day spent' in custody without a major infraction.
Good time credits may be taken away by proper disciplinary action for those breaking the rules.
Good time forfeited through disciplinary actions may be restored by administrators, institution
heads, and local confinement authorities, if inmate behavior improves.
Gain Time- If an inmate's crime occurred before October 1, 1994, additional time may be earned
through what is known as gain time, except in those situations in which state law prohibits the
awarding of gain time. It is earned at increasing levels based on various factors determined by the
Division of Prisons. Refer to your case manager for the details of this program.
Meritorious Time- If inmates work more than 40 hours per week, work in bad weather or work
under emergency conditions, the Division of Prisons may award additional gain time credits.
These credits are awarded at different rates depending on the situation.

Earned Time- Inmates sentenced under the Structured Sentencing Act (crimes committed on or
after October 1, 1994), with the exception of persons convicted of certain felonies and Driving
While Impaired (DWI), may receive earned time credit rather than gain time. They may not
receive good time. Earned time::rn~ not reduce the inmate's sentence to less than the minimum
.
term.
Felons- Inmates sentenced for felonies committed on or after October 1, 1994, may receive
earned time credit for work performed and participation in specific training programs. The
amount of earned time credited to the inmate shall be determined by the Division of Prisons.
Misdcmeanants- Inmates sentenced for misdemeanors other than OWl committed on or after
October I, 1994 may receive earned time credit for work performed and participation in specific
training programs. Misdemeanants may only receive up to 4 days earned credit per month.
All sentence credits mentioned here will be figured on each sentence separately and will not apply
to other time that is earned on other sentences.

4.

EMERGENCY LEAVE

Minimum custody inmates may be given as much as 72 hours (medium and close custody inmates
as much as 24 hours) emergency leave in state for the reasons listed below:
(a)

Critical illness of an immediate family member- The nature of the illness of an
immediate family member must be verified by a capable medical person. The
word "critical" me'a"~ probable death withi~ a short period of time. The birth of a
child will not be regarded as critical illness unless the doctor in charge says that the
mother's condition is not normal and that unusually serious conditions are
involved.

(b)

Death of an immediate family member- Verification of death of an immediate
family member may be received from a local law enforcement officcr (sheriff or
chief of police), physician, undertaker, or director of social services. (The
immediate family is considered to be father, mother, sister, brother, husband, wife,
child, foster parents, or other persons who have actcd in the place of parents, where
such relationship can be verified.) Region Directors and Institution Heads may
approve Emergency Leave for Minimum Custody inmates. Region Directors and
Institution Heads may approve Emergency Leave for Medium Custody inmates
when at least one trained Correctional Officer goes with the inmate. The Director
of Prisons or his designee must approve all Emergency Leave for Close Custod)'
inmates, and the conditions of that leave will be stipulated in the permission.

Emergency leave to go outside the state of North Carolina must be approved by the Director of
the Division of Prisons. Inmates leaving the state of North Carolina must be in minimum custody.
must post a cash bond in the amount of $500 with the Superintendent or Institution Head, and
must sign a waiver of extradition;iAform DC-128).
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5.

DISCIPLINARY PROCEDURES
(a)

Any violation of departmental rules and regulations could result in disciplinary
action. Please make certain that you fully understand all rules, or ask your

assigned case manager to assist you. Any employee or agent of the Department of
Correction who observes misconduct by an inmate may try to counsel with him/her
to correct this misbehavior. If counseling does not improve the behavior, the
officer-in-charge can be notified.

6.

(b)

The ofiicer-in-charge will determine if further :nvestigation is n~cded. If so, an
investigating officer will be assigned. Written statements will be obtained from all
parties involved. The inmate has a right to request in writing prior to the hearing
witness statement(s), live witness(es) to be present at the hearing, evidence at the
hearing and staff assistance. The inmate will be given 24 hours notice before
being required to appear at a disciplinary hearing, unless that is waived. After a
thorough investigation, if the facts do not support the charge, the investigating
officer may recommend that the superintendent or designee discontinue
disciplinary action. Confidential statements may be a part of the investigation, if
deemed appropri.a.~;~F;

(c)

If the Facility head or designee determines that disciplinary action is appropriate,
an official report will be prepared. When the charges are referred by the Facility
head or designee, the inmate may voluntarily offer a plea of guilty and accept a
punishment less than the presumptive punishment specified in policy. The
punishment will be one class below the offense to which the inmate is pleading
guilty or the Facility head or designee may suspend the presumptive punishment if
deemed appropriate. Should you offer a plea of not guilty, your case will be
referred to a Disciplinary Hearing Officer. You may offer a plea of guilty to the
Disciplinary Hearing Officer, or if found guilty, the hearing officer will determine
the appropriate punishment as authorized by policy.

(d)

Disciplinary Hearing Officers (DHOs) are chosen to provide a fair and impartial
disciplinary hearing. Anyone who initiates a charge or is a witness can neither
investigate the incident nor can he/she represent the accused. Ifan inmate is found
guilty, the Disciplinary Hearing Officer (DHO) may impose punishment consistent
with disciplinary offensb, Class A through Class D. Class A offenses are the most
serious and Class D are the least serious. Punishment for the serious offenses
include disciplinary segregation for up to 60 days, demotion from minimum to
medium custody and loss of(40) days sentence reduction credits. Less punishment
is imposed for less serious offenses.

(e)

After the Disciplinary Hearing Officer (DHO) imposes punishment, except when a
hearing is waived and plea of guilty is entered, the inmate has (15) days from the
date of the hearing to appeal in writing to the Director of Prisons stating full name,
prison number, facility/number, offense and date of offense. Punishment is active
immediately and may be imposed by the Facility head or designee. Appeal of the
disciplinary will not delay punishment from being imposed.

DISCIPLINARY OFFENSES

CLASS A:
(A I)

Seize or hold a hostage or in any manner unlawfully detain any person against his/her will:

(A2)

Participate in a riot, insurrection, work stoppage or group demonstration, or
incite/encourage others to riot, participate in an insurrection, work stoppage or other group
demonstration;

(A3)

Commit an assault on a staff member with a weapon or by any other means likely tC'
produce injury, such as hitting, kicking, pushing, pulling, throwing objects;

(A4)

Commit an assault on another with a weapon or any other means likely to produce injury:

(A5)

Commit an assault on another with intent to commit any sexual act;

(A6)

Escaping or attempting to escape from any prison facility, community assignment, during
transport, or from the supervision of DOC staff or its authorized agent. Attempt will
include possession of escape plans, possession of any object that could aid in an escape,
attempt to hide within the facility to affect an escape, or any other action that could result
in escape if correctional staff did not intervene;

(A7)

Possess, manufacture, and/or detonate an incendiary or explosive device;

(A8)

Set a fire that endangers the life of another person or damages state property;

(A9)

Commit an assault on a staff member by throwing liquids, (including but not limited to
urine and feces) or spitting on a staff member;

(A I0) Fight or engage in a mutual physical confrontation involving weapons (including but not
limited to knives, locks,:andrazors) or resulting in outside medical attention;
(A 11) Commit an assault on a staff member with intent to commit any sexual act;
(A 12) Manufacture, possess, introduce, sell or use any unauthorized controlled substance,
unauthorized intoxicant or alcoholic beverage, or possess associated paraphernalia;
(A 13) Refuse to submit to a drug test or breathalyzer test, or interfere with the taking of such
tests; ;
(A 14) Participate in, or organi'ze, whether individually or in concert with others, any gang or
Security Threat Group (STG), or participate in any activity or behavior associated with a
Security Threat Group;
(A 15) Offer, give, solicit or accept a bribe or offer to give or withhold anything to persuade staff
to neglect duties or perform favors;
(A 16) Possess or use in any manner any type of unauthorized recording or image taking device
or any type of unauthorized communication device whether audio, video or data.
Examples include but are not limited to cell phones, personal digital assistants, cameras,
tape recorders or digital rec~rders that can be used to send and/or receive any type of
messages/images for any purpose;'
(A 17) Commit an assault on any person, other than an employee or inmate, with intent to commit
any sexual act;

(A 18) Knowingly make to any person a false oral or written allegation about a stafT member that,
if true, could expose the staff member to criminal liability.
(A 19) Commit an assault on another by throwing liquids (including but not limited to urine and
feces) or spitting on another;
(A20) Wrongful take, give away, or carry away, canteen inventory/cash, which results in a loss
of more than one hundred dollars ($100.00);
(A2]) Extortion, strong-arming, verbal or physical intimidation for personal or financial gain;
Be advised that staff sha!! ir~I~lude DOC employees and/or agents.
I

(A98) Deliberately provide false and/or misleading information to staff during an investigation
related to any offense in this Class.
(A99) Atterript to commit any of the above-listed offenses, aid another person to commit any of
the above-listed offenses, or make plans to commit any of the above-listed offenses. It
shall be no defense that an individual was prevented from completing any of the above
offenses by prison staff or intervening circumstances.
CLASSB:
(B 1)

Possess or have under control any weapon or instrument to aid in an escape, assault,
insun:ection or riot;

(B4)

No lortger in use, See offense upgraded A] 2.

(B5)

Knowingly inhale, smell,' of~breathe any vapors, fumes, odors, or possess for the purpose
of inducing or attempting to, induce intoxication through inhalation; or possess, inject or
ingest any non-controlled ~ubstance for the purpose of altering mental or physical
capacity;

(B6)

Commit, solicit, or incite others to commit any sexual act or indecently expose oneself or
touch. the sexual or other intimate parts of oneself or another person for the purpose of
sexual gratification;

(B7)

Instigate or provoke an assault on another;

(B8)

Interfere with a staff member in the performance of his or her duties;

(B9)* Violate any law of the State of North Carolina or the United States of America;
(B I 0) Commit or incite others to commit acts, which spread or may spread communicable
diseases, or possess any instruments capable of spreading communicable diseases
(inclu'ding but not limited to tattooing instruments and needles);

....

!

(B] 1) No longer in use; See offense upgraded A 13.
.

;1:

(B ] 2) Leave, quit without authorization, fail to report, or neglect to adhere to approved
schedules for community based programs;
(B 13)

Instig~te

or provoke an assault on a staff member;

(B 14) Willfully damage, destroy, alter, tamper with or lose State property or property belonging
to another;
(B 15) Communicating directly, indirectly, via a third party, or in any manner with victims, or
family members of the victims, who have requested in writing to Department of
CorreCtion officials that such communications is unwanted;
. (B] 6) Possession of any tobacco products or paraphernalia at a tobacco free
facility/segregation/control area or; possession of unauthorized Iighters or lighting devices
at any facility or; using any tobacco products in an unauthorized area at facilities with
designated outside smoking/tobacco use areas;
(B] 7) Causing work stoppage, or delaying work while on community work assignment in the
community, causing the inmate to be returned to the facility due to inmate misconduct;
•

.

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,

(B 18)

Threa~en

to harm or

injl,lr~

,

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~

staff; (formally C12)

'.

(B 19) Sell, accumulate, give, misuse, or hide medication; (formally C 1)
(B98) Deliberately provide false and/or misleading information to staff during an investigation
related to any offense in this class.
(B99) Attempt to commit any of the above offenses, aid another person to commit any of the
above-listed offenses, or make plans to commit any of the above-listed offenses. It shall
be no'defense that an indi~i'dual was prevented from completing any of the above offenses
by prison staff or interveniJig circumstances.

*

An inmate should only be charged with Offense B9 in cases wherein a specific statue has
been violated and the act is now covered by current Division of Prisons disciplinary
offenses. The specific statue should be cited.

CLASSC: ;

.

(C 1)

No longer in use, see Offense
B 19.
.

(C2)

Direct toward or use in ,the presence of any State official, any member of the prison staff,
any inmate, or any member of the general' public, oral or written language or specific
gestures or acts that are generally considered disrespectful, profane, lewd, or defamatory;

(C3)

Willfully disobey or fail to obey or cause another inmate to disobey or fail to obey any
lawful order ofa prison official or employee, or any other lawful order to which subject:

(C4)

Fight or engage in mutual physical confrontation not involving weapons;

(C5)

Offer, give, solicit or accept a bribe or offer to give or withhold anything to persuade
another to neglect duties or perform favors;

(C6)

Leave, quit without authorization, or fail to report to any facility job, work or program
assignment, or scheduled appointment;

(C7)

Threaten to harm or injure another or threaten to damage the property of any person;

(C8)

Wrongfully take or carry away the personal property of another or State property or accept
or buy such property with t~e knowledge it has been wrongfully taken;
. ' ~'~

(C9)

"

,

Barter or trade; loan or borrow; solicit or engage in any business activity;

(CIO) Intentionally inflict self-injury for any reason;
(C II) Misuse or use without authorization, the telephone or mail;
(C12) No longer in use, see Offense B18.
(C13) Willfully create a hazardous or physically offensive condition or situation; (formerly
Offense D5)
;,

(C14) Possess funds in a form other than authorized by Division of Prisons' Policy, in excess of
the authorized amount, or from an unauthorized source, or possess any funds at a cashless
prison facility. (formerly Offenses DIO & Oil)
(C99) Attempt to commit any of the above-listed offenses, aid another person to commit any of
the above-listed offenses, or make plans to commit any of the above-listed offenses. It
shall be no defense that an individual was prevented from completing any of the above
offen~es by prison staff or .in,erveni~g circumstances.
'

\

•

CLASS D: (

;

l',.

','

--.,

(0 I)

Be in an unauthorized location;

(D2)

Negli~ently fail

(D3)

Posse~s contraband

(04)

Gamble or possess gambling paraphernalia;

(05)

No lo·nger in sue, see Offense C13.

(06)

Fail to go to bed when the lights are dimmed or get up during the night without securing
permission of the correctional staff;

(07)

Exchange articles of clothing or possess unauthorized or excess clothing or mutilate or
alter State issued clothing or wear same;

(D8)

Counterfeit, forge, alter or reproduce without authorization any document, article of
identification, stamps, or other papers, or knowingly possess such falsified materials;

..

. ...'.wH.v.C.J.4.Q.C3'H.

. ..

...

to perform or complete assigned duties;

..

not constituting a threat of escape or a danger of violence;

;;;::::;zx;::::r;;f':ii!i.ttWAW !.

:

:

(09)

No longer in use, see Offense B ]4.

(0 10) No longer in use, see Offense C] 4.
(0] I) No longer in use, see Offense C14.
(012) Fail to keep living quarters in a clean and/or proper condition;
(013) Fail to observe basic standards of personal hygiene in bathing and grooming;
(014) Feign physical or mental illness or disablement for any purpose;
(015) Misuse prison supplies;
(0 16) Assist another person with litigation or legal matters;
(099) Attempt to commit any of the above-listed offenses, aid another person to commit any of
the above-listed offenses, or make plans to commit any of the above-listed offenses. It
shall be no defense that an individual was prevented from completing any of the above
offenses by prison staff or interveni ng circumstances.
,

7.

8.

'

ADMINISTRATIVE FEES
(a)

All inmates whose offenses result in a guilty disposition will be assessed an
administrative fee of $ I 0.00. Only one fee per disciplinary report is to be assessed
regardless of the number of charges or number of reinvestigations.

(b)

All administrative fees will be electronically collected through Inmate Banking
and transferred to the General Fund.

DISCIPLINARY PUNISHMENTS
(a)

For a Class A offense, the following presumptive punishments are authorized:
(I)

Confinement in disciplinary segregation for up to 60 days.

(2)

Demotion from minimum to medium custody or medium to close.

(3)

Loss of 40 days sentence reduction credits, as applicable.

(4)

50 hours extra duty within the nex160 days following the hearing or release
from disciplinary segregation. Not more than 4 hours shall be performed
on a work day and not more than 8 hours on other days.

(5)

Loss of up to three (3) privileges for a period not to exceed 6 months.
These privileges include but are not limited to: work release, home leaves,
community volunteer leave, canteen, telephone and visitation.

(6)

Limit weekly trust fund withdrawals to $10.00 for a period not to exceed 6
months.

(b)

(c)

For a Class B offense, the following presumptive punishments are authorized:
(1)

Confinement in disciplinary segregation for up to 45 days.

(2)

Demotion from minimum to medium custody.

(3)

Loss of 30 days sentence reduction credits. as applicable.

(4)

40 hours extra duty within the next 60 days following the hearing or release
from dis~iplinary segregation. Not· more than 4 hours shall be performed
on a work day and ,not more than 8 hours on other days.

(5)

Loss of up to two (2) privileges for a period not to exceed 4 months. These
privileges include but are not limited to: work release, home leave, canteen,
community volunteer leave, telephone and visitation.

(6)

Limit weekly trust fund withdrawals to $10.00 for a period not to exceed 4
months.

For a Class C offense, the following presumptive punishments are authorized:
(1)

Confinement in disciplinary segregation for up to 30 days.

(2)

Ifthe inmate is in minimum custody, demotion to minimum custody level I
or level II.

(3)

30 hours extra duty within the next 45 days following the hearing or release
from disciplinary segregation. Not more than 4 hours shall be performed
on a work~~y and not more than 8 hours on other days.
.

(d)

~..•' '• • :

:I

.

(4)

Loss of tip tJiwo (2) privileges fora period not to exceed 2 months. These
privileges include' but are not limited to: work release, home leave,
community volunteer leave, canteen, telephone and visitation.

(5)

Loss of20 days sentence reduction credits, as applicable.

(6)

Limit weekly trust fund withdrawals to $10.00 for a period not to exceed 2
months.

For a Class D offerse, the following presumptive punishments are authorized:
(1)

Confinement in disciplinary segregation for up to 15 days.

(2)

Loss of one (1) privilege for a period not to exceed I month. These
privileges include but are not limited to radio, canteen, organized sports,
gym or recreational buildings, visitation, telephone, movies or other leisure
time activities and privileges.

(3)

20 hours extra duty within the next 30 days following the hearing or release
from disciplinary segregation. Not more than 4 hours shall be performed
on a work
,
,day and not more than 8. hours on other days.

.,;.

9.

Loss of 10 days sentence reduction credits, as applicable.

(5)

Limit weekly trust fund withdrawal to $10.00 for a period not to exceed 1
month.

INMATE DISCIPLINARY RIGHTS
( I)

10.

(4)

The inmate has a right to:
(a)

At least 24 hours advance wrinen notice of the disciplinary charges before the
hearing;

(b)

Make a verbal and/or written statement to the Investigating Officer;

(c)

Request in writing to the Investigating Officer, during the investigation, that a
written witness statement(s) or evidence be gathered, or evidence or witness(es) be
present at the hearing if charges are referred. If an inmate is unable to write, he
may request that the Investigating Officer transcribe his oral request(s) which the
inmate will sign and date. Failure to make those requests on the inmate witness
form shall be deemed a waiver of such requests;

(d)

Request the facility head/designee to appoint a staff member to assist him at the
hearing;

(e)

Read or be read the substance of the evidence and have the opportunity to explain
or refute the evidence at the disciplinary hearing;

(f)

Appeal to the Director of Prisons.

MAIL

Correspondence between inmates is generally not allowed. Correspondence between inmates can
be approved by both superintendents involved when the inmates are immediate family members
or if another compelling reason for correspondence is presented. Other than the previously
mentioned restrictions, inmates may write to anyone, unless advised otherwise. For example, any
inmate may lose the right to write to certain people if the person who is being written to does not
want to hear from the inmate. If the person being written to is a minor, his or her parent(s) or
legal guardian(s) may ask the ott~er-in-charge of the facility to stop the inmate from writing to
the minor. Inmates can also lose writing privileges for the 'following reasons:
(a)

the lener contains a threat to hurt someone or a plan to break the law or prison
rules or regulations; or

(b)

the letter states that someone will be hurt or injured unless the inmate is paid
money or some action is taken to help the inmate.

Exceptions shall be made if either the inmate or the person corresponding with the inmate is
determined to be unable to read or write in English.

Incoming Mail
Incoming mail from lawyers, any legal aid service helping prison inmates, and state and federal
officials must be opened in the presence of the inmate to whom it is addressed before it may be
checked for illegal items. All other incoming and outgoing letters and packages will be checked
to see if they contain illegal i1em~.:.Personal letters will not be read unless the officer-in-charge,
or designee, ,has reason to believe that the letter contains threats of harm or criminal activity,
escape plans, or plans to violate prison rules or policies. If the officer-in-chargc de::ides 10 delay
or not deliver an inmate's letter, the inmate will be told in writing the reason for this action.
Inmates may write to the Director of Prisons to challenge these actions.

Outgoing Mail
Inmates who have no money and who the Department determines to be indigent will be provided
up to 10 stamps per month for one ounce letters for personal mail. This 10 letter limitation on
personal mail, does not apply to legal mail. To determine whether you are entitled to free postage,
contact your case manager.

11.

HEALTH CARE SERVICES

Inmates who have no money will be given those health items needed for bodily cleanliness. The
officer-in-charge or his designee will infonn the inmates of the facility or institutional procedure
for requesting these items.
As of June 1, 1997, inmate initiated visits for medical care are subject to a $5.00 co-payment fee.
Inmate declared emergency visit~.i:tre subject to a $7.00 co-payment fee. With some exceptions,
there will be a charge for service's"provided by a nurse, doctor, dentist or psychologist. However,
no one will be denied access ,t?health care whether they h'ave money or not.
The money will be taken from inmate trust fund accounts. The trust fund balance will not be
reduced below a two dollar ($2.00) minimum when collecting for a co-payment. Balances owed
for co-payments will be collected when deposits are made to the trust fund account. However, no
more than half or 50% will be taken for a deposit to pay a co-payment. This will always ensure
money is left in the account for the inmate.
The co-pay~ent will pay for the visit, prescribed, medications, lab work, x-rays, and any followup care ordered by a health care provider. You will not be charged for visits about life or limb
threatening emergencies, referrals to specialty clinics, defined chronic disease such as TB, HIV,
high blood pr,essure, diabetes, pregnancy care, vaccinations, and periodic health assessments.

12.

DNA TESTING

North Carolina state law requires that the Division of Prisons obtain DNA blood samples from all
new and existing felon prisoners and some misdemeanants prior to release or parole. The
misdemeanants who must be tested are those convicted of Stalking, Assault on a Handicapped
Person or Sexual Battery. If an inmate is a (elon or a misdemeanant convicted of Stalking, Assault
on a Handicapped Person or Se'x.v~tBatterY, they will be required to give a blood sample during
processing. Failure to comply with 'this requirement can result in usc of force and disciplinary
proceedings. '
i
•
.

13. VISITATION
A completed visitor application must be approved by the facility staff before a visit can occur.
Inmates must obtain blank application forms from the facility and mail the blank applications to
those persons from whom they wish to receive a visit while incarcerated. An application for each
adult and minor must be complete. Completed applications must be returned to the facility where
the inmate is currently housed. Applications will not be accepted from inmates. Incomplete
applications wiII not be approved. The following reasons may be grounds for disapproving a
visitor application:

(a)

application form was copied and not an original;

(b)

application was not c,omplete or did not include proper attachments;

(c)

application contained Jalse information;

(d)

the visitor has a prior criminal record.

,

.• i,~··Y .

Each inmate is allowed 18 approved visitors, (adults, minors and clergy). When an inmate reaches
the maximum number of approved visitors (18), he/she will not be able to adjust their visitation
list until their open enrollment period. An inmate's open enrollment period will be every six
months based on the date of admission to prison. If an inmate has 18 approved visitors and they
want to add a new visitor during, open enrollment they must first remove one of the current
approved visitors from the list. An inmate may request that an approved visitor be removed at any
time. They may not add a replacement until hislher open enrollment period. An application for a
new visitor must be submitted, completed, returned, and approved before the new visitor can visit.
It will be up to the inmate to inform the new visitor of their visitation status.
I

14.

TOBACCO POLICY AND PROCEDURES

Legislation was passed which bans the use of tobacco products inside prison facilities effective
January I, 2006. The use of tobacco products is prohibited inside any building of a state prison
facility. It is also prohibited from use inside any state owned or leased vehicle. Tobacco products
include cigarettes, snuff, loose tQpa:~co, or similar goods made with any part of the tobacco plant.
This ban on the inside use of tobacco products affects inmates, staff, vendors, and visitors. Staff,
vendors, visitors, and inmates 'rilaY continue to possess tobacco products but the use of those
products will only be allowed in outdoor designated areas. There will be at least one designated
outside tobacco use area at each facility. The only exception to the ban on the indoor use of
tobacco products is for authorized religious purposes. Inmate found using tobacco products in an
unauthorized 'area wiII receive a B 16 disciplinary charge.

15.

EXERCISE OF RELIGION

Inmate religious practices may be regulated consistent with the needs for security and the orderly
operation ofIthe prison facility.' See the prison chaplain for information regarding approved
religious practices
and programs:
,

16.

WORK ACTIVITIES

The Division of Prisons believes in the value of work and requires all inmates to work while in
prison. The development of lasting work skills and work habits are fundamental to an inmJte's
success in prison and success follo,,,ving release. All work performed by inmates in the Division
of Prisons is meaningful and proQuctive work performed for the benefit of the Stale or for the
benefit of other valid interests.
Work assignments are based on the needs of the prison facility and on the skills and interesIs of
the inmates. ; It is typical for inmates to be assigned to a variety of jobs as changes are made in
their security status and housing. Inmates can earn better jobs in prison through positive work
performance and through the development of new work skills by participating in vocational
training, Refusal to accept work assignments or poor work performance are violations of prison
rules and will result in punishment. Cooperative participation in work activities is rewarded by
allowable sentence reduction credits and incentive wage pay. Successful work performance
demonstrates: positive behavior and can make an inmate eligible for participation in other
programs and activities.
Inmates can earn wages of up to $ 1.00 per day for most job assignments. Inmates assigned to
Correction Enterprise can earn a maximum of$3.00 per day. Full time jobs require an eight hour
work day and include a five to seven day work week. Sentence reduction credits for working are
awarded as gained time or earned time. The amount of sentence reduction credit awarded can be
limited by the type of sentence an inmate receives in court. Sentence reduction credits are earned
at different rates. For details please refer to your case manager.
Inmates who are not assigned to ah incentive wage job may be required to perform short-term
work tasks for up to three hours a~day for three consecutive days without pay.
Inmate work in the Division of Prisons can take place at the prison facility, at a Correction
Enterprise phmt, at another government facility or at a site in the community. Work performed
away from the prison facility by inmates in medium custody requires that the inmates be directly
supervised by Correctional Officers who carry firearms to prevent escapes. Minimum custody
inmates who are assigned to work away from the prison facility have earned a greater degree of
trust, but are under the direct supervision of correctional officials or other responsible supervisors.
Inmates are approved for a particular work assignment by the prison Superintendent based on
recommendations received from other prison staff and based on the availability of vacant jobs.
The major categories of work ib which inmates are assigned are listed below. Some categories of
work require inmates to be in a certain custody or possess specific skills. All work categories
require inmates to work hard, to exhibit cooperation, and to ensure safe work practices for
themselves and for others. Inmates can obtain more information about work assignments and
requirementsby talking with their case managers or other facility staff.

(1)

FACILITY DUTY

Facility duty assignments at each prison include a number of skilled and unskilled work
opportunities. Work assigl}~ents in food service, janitorial duties, maintenance, clothes
ho.use, operations and ot){e~;j'areas are all n~cess~ry to support the daily operations of the
prison.

(2)

HIGHWAY DUTY

Inmates are assigned to the Department of Transportation to work on state ;"oads. Road
work' is related to maintenance, clean-up and repair of roadways and adjoining areas.
Work for the Department of Transportation includes medium custody road squads and
minimum custody work crews.

(3)

COlVIMUNITY WORK CRE\\'S

The community work program operates at most minImum security prisons. Selected
inmates are assigned to work crews that work under the direct supervision of a
Correctional Officer. Work is performed for local municipalities and governmental
agencies and can inclucl<:tlandscaping, community clean-up projects, painting, disaster
recovery and similar activities. Community work crews perform manual labor tasks that
benefit the community where the prison is located.

(4)

CORRECTION ENTERPRISE

Corre.ction Enterprise is the prison industry operation in the Department of Correction.
Correction Enterprise operations are varied and include, among other activities, farm
production, furniture making, sewing and tailoring, print plant operations, laundry
operations and the manufacture of metal products. The majority of inmates in Correction
Enterprise work are in medium custody and usually have earned their assignment to
Correction Enterprise by. displaying good work performance in other duty assignments.
Inmates assigned to Correction Enterprise have the opportunity to earn up to $3.00 per
day.

(5)

INMATE CONSTRUCTION PROGRAM

Inmates with selected job skills in the construction trades are assigned to the inmate
construction program and perform work involving the construction and refurbishing of
prison facilities and buildings. This work assignment requires assigned inmates to be
housed near the construction site and can result in them occasionally relocating to
different parts of the sfa)~.F;Extra incentives are. provided for inmates selected for this
important program. Inmatesare able to work ind~pendently on the job site based on their
skill revel. Work supervision is provided by engineers employed by the Department of
Correction.

(6)

WORK FOR GOVERNMENTAL AGENCIES

Inmates are assigned to work for county, city and state governmental agencies as part of
labor. agreements made with the prison facility. Inmate earnings are based on the
incentive wage scale of up to $1.00 per day. Work activities vary and are similar to
facility duty assignments, but are performed at the local government site in the community
under!the supervision an approved employee of that agency.

or

(7)

NON-PROFIT SERVICE PROGRAM

Inmates assigned to this program perform community service work for non-profit agencies
in the local community. The type of work varies and is performed under the supervision

-..1Ma

i

.i1

...&1(

of employees of the non-profit agency.
minimum custody level tWo'<?r higher.

(8)

Inmates assigned to this work program are in

OTHER WORK PROGRAMS

Other work programs are available to eligible inmates. One program designed for young
male inmates is BRIDGE. This program is sponsored through a partnership with the
Division of Forest Resources and operates in a limited area of the state. Inmates assigned
to BRIDGE learn forest fire fighting techniques and forestry maintenance.
(9)

'WORK RELEASE

Inmates who have displayed positive behavior and who meet certain eligibility
requirements can be assigned to the Work Release program. Work Release provides
selected inmates the opportunity to earn minimum wage or greater in salary by working
for a private' employer in the community. Work Release inmates must be in minimum
custody level three and are usually approaching the end of their sentence or are eligible for
release when assigned to this program. Inmates on Work Release are required to pay a
daily fee for room and board to the Division of Prisons, to support their dependants and to
make restitution payments if ordered by the court. Inmates on Work Release are
supervised by the private employer and are monitored frequently by prison staff. Only
those! inmates who dispJ~f;',,the highest degree of trust and responsibility are granted the
privilege of Work Release,'"
, ,

17.

PROGRAM ACTIVITIES
;

The Division of Prisons believes in the ability of each inmate to change their behavior and
provides opportunities for change through program participation. Programs are designed to help
inmates adjust to prison and to prepare them for their return to the community. All inmates are
expected to participate in a variety of program activities while in prison for the purpose of selfimprovement. Programs are offered during the day and during evening hours. Inmates can
participate in, programs and maintain a full time work assignment.
Each inmate is evaluated when they enter prison. From that evaluation decisions are made
concerning programs that will be of benefit to them. Those inmates who do not have a high
school education or ajob skill are expected to participate in educational programs. Those inmates
who have had problems related to alcohol and drug use are expected to participate in substance
abuse programs. Those inmates who have trouble controlling their anger or cooperating with
others can participate in counseling programs. Other programs and activities are available that
provide learning opportunities, health benefits and self-enrichment.
Participation'in full time progr~ms <;:an result in sentence reduction credits. Successful program
completion demonstrates positiy,~,liehavior and can make an inmate eligible for new programs
and added privileges.

18.

HOME LEAVES

General Instructions. Inmates in minimum custody level III who have maintained this status for a
minimum of nine!)' (90) days and are within twelve (12) months of a release or parole eligibility
date are eligible for consideration for home leaves. In addition, the inmate must have remained
infraction free for the last ninety (90) days. The exception to the above instructions are MAPP

and Governor Mansion inmates. When an inmate wishes to participate in the home leave
program, he or she and the family member with whom he wishes to visit must make a formal
request in writing. The Facility Superintendent or his/her designated representative will request
the appropriate staff to conduct an investigation. In making a decision on the request, the
superintendent will consider information such as the inmate's behavior and performance in
facility activities and work along with reports from counselors, work supervisors, community
volunteer sponsors, and comments from the community. Conditions for Family Visits include:
(I)

visit is restricted to home of family sponsor. Going to any other location must
have prior approval; "
,':

,\

(2)

inmate must go directly to location specified in visitation agreement and return to
facility using an approved method of transportation;

(3)

inmate must comply with all laws, regulations and instructions imposed; and,

(4)

a maximum of one 48-hour visit per calendar month excluding reasonable travel
time. All first home leaves, however, must have a maximum duration of24 hours.

Interested inmates should contact appropriate facility staff for more information about
participation ,in this program.

19.

COMMUNITY VOLUNTEER PROGRAM

Citizens from the community enter facilities each day as volunteers. They may perform activities
at the facility and escort eligible inmates to activities outside of the facility.
Activities conducted or sponsored by volunteers on facility include: drug/alcohol and personal
counseling; tutoring; religious services (Yokefellow Prison Ministry, Prison Fellowship, worship
services, scripture study); and special events (guest speakers, films, singing groups).
Requirements for participation 'va~' by activity and facility. Inmates should contact their case
manager and/or chaplain who can' a'I~'o discuss the schedule of events, location and available space
for an activity in which they are interested.
Eligible inmates may be considered for participation in the Community Leave Program. Trained
volunteers are allowed to escort eligible minimum custody level two inmates to approved
activities outside of the facility. Custody level is not the sole requirement reviewed when an
inmate is being considered for the program. Inmate progress reports, infractions and criminal
history may be considered.

.

Other information about the Community Leave Pr02ram includes:
~

(I)

all activities must be approved prior to the leave;

(2)

inmate can not have contact with relatives while on the Community Leave Pass;

(3)

leaves may not exceed six hours; however, an inmate may be allowed a maximum
of three leaves per week; and,

(4)

female volunteers mav not sponsor male inmates; male volunteers mav not sponsor
female inmates on outside activities.
• '. _i ~\

Inmates should contact the appropriate facility staff for more detailed information about the
program.

20.

ACCESS TO THE COURTS

Every inmate committed to the Department of Correction shall be afforded reasonable access to
the courts. In an effort to provide such access, the department has contracted for attorneys to
provide assistance to inmates.

Inmates are to be counseled and encouraged to utilize the legal services contractor (attorneys) in
order to access the courts. No inmate will be penalized for allegations against the Department or
its employees presented in petitions and/or complaints.
However, inmates whose
petitions/complaints are not successful will be required by the courts to pay from their trust fund
account the costs of their litigation. Also, under the Prison Litigation Reform Act of 1995, if an
inmate files a civil lawsuit or files an appeal in forma pauperis, the inmate will be required by the
courts to pay the full amount of a filing fee. In no event, however, wiII an inmate be prohibited
from filing a' civil lawsuit or appealing a civil or criminal judgment because the inmate has no
money or means by which to pay, a filing fee.
A.

B.

Each superintendent 9r ~nstitution head will be responsible for the following:
(1)

appointing a facility coordinator for inmates to access the Attorney
Assistance Program staff;

(2)

designating reasonable private areas in the facility for inmates and
attorneys to meet, consistent with custody, security and operational
requirements. The Attorney Assistance Program staff as well as private
attorneys retained by an inmate will not be permitted access to staff or
other areas of the facility without the approval of the Department's legal
counsel:, .

(3)

inmates will be provided paper, carbon paper, and writing implements with
which the Attorney Assistance Program staff or private attorneys may be
contacted. The Department will not provide photocopying services, law
libraries, legal text or other legal materials.

Methods of accessing courts:
(1)

The primary ~nd preferred method for inmates' access to the courts is
through the Attorney Assistance Program which is available to each inmate
in every' faci Iity with in the Division of Prisons.

(2)

Inmates may retain private counsel for representation. Such attorneys shall
be permitted access to the inmate/client after proof that an attorney/client
relationship has been established with the inmate in a matter pending or
soon to be brought before a court. The attorneys wi II be provided access to
their inmates/clients as frequently as is required to provide adequate legal
representation. Contact between inmates and attorneys is to be in the form
of written correspondence or personal visits. In exceptional situations

where legal deadlines make a personal visit or correspondence impractical,
attorneys may initiate a request with the Department's legal section for
approval to contact inmates/clients by telephone. Authorization will be
provided to the' superintendent or institutional head by the Department's
legal section.
(3)

Inmates may represent themselves in legal matters before the court.
Inmates ma}' have legal text and mateiials in their possession. The amount
of legal materials and text an inmate may be permitted to keep at the prison
facility will be based upon personal storage space provided. his or her
custody classification. security, safety, sanitation and fire hazard
considerations affecting the orderly operation of the prison facility.

The establishment of the Attorney Assistance Program has eliminated the need for one inmate to
provide legal assistance to another inmate. Inmates who are found providing legal assistance to
others will be subject to disciplinary action.

21.

OUTSTANDING CHARGES, DETAINERS

Inmates who have criminal charges pending against them in any court in the state of North
Carolina for which a detainer has not been filed with the Department of Correction may request a
speedy trial on the charges by writing to the Clerk of Court in the county in which the charges are
filed. Inmates who have a detainer filed against them by a court in the State of North Carolina
may request a speedy trial by completing forms provided by the Combined Records Section of the
Department of Correction. Inmates who have a detainer filed against them by a court outside of
the State of North Carolina may request a speedy trial by writing the Administrative Assistant,
Interstate Compact on Detainers, 214 West Jones Street, Raleigh, North Carolina 27603. The
courts filing the detainers must ,~ring the inmates to trial within six (6) months of the date of the
inmate's request for a speedy tri~i .br the detainer will be withdrawn. If there are any questions
' .
about detainers, contact the officer~~-charge.

22.

INMATE GRIEVANCES-ADMINISTRATIVE REMEDY PROCEDURE
(ARP)

(I)

GRIEVANCES

Inmates with unresolved complaints about conditions of confinement, such as actions,
conduct, incidents, or policies may file a formal grievance after they have sought
assistance by talking with staff. Grievance Forms (DC-41 D's) are available to inmates
upon request, or in most facilities and living areas. To start the grievance process, inmates
must complete items 1-7 on the DC-410 and either place the form in a designated
collec'tion point or give it to a staff member.
(2)

POSTING OF PROCEDURE

The ~dministrative Remedy Procedure is posted in living areas and is available in the
facility library.
(3)

REJECTION OF.9,RIEVANCES

Certain grievances will not be accepted. Grievances will be rejected whenever inmates
seek to challenge:
(a)
(b)
(c)
(d)

State or Federal court decisions;
Parole Comm ission decisions;
Disciplinary actions; and
Actions not yet taken.

Grievances will also be rejected when they:
(e)
(f)
(g)
(h)
(i)

are filed more than 1 year after the event sought to be complained about;
seek a remedy for another inmate;
involve more than I incident;
do not follow the ARP; or
direct toward persons language that is generally considered profane, vulgar,
abusive 9~.thr~atening.
• ~ ~ -"'f \. t:.

(4)

CONFIDENTIAL GRIEVANCES

If an inmate thinks that a grievance is of a confidential nature, his grievance may be filed
directly with the Director of Prisons and mailed as legal mail. The inmate must explain in
the letter to the Director the nature of the complaint and the reasons for not following the
regular grievance procedure.
If the director determines that the grievance is not of confidential nature, the grievance
shall ·be returned to the inmate with instructions to submit it in accordance with the
procedures set forth in pOlicy (NCAC 2G .0307) (through the normal channel).
(5)

EMERGENCY GRIEVANCES
(a)

Any inmate who is in need of urgent medical care may present himself to a
member of the medical or custodial staff, who shall handle the matter
according to emergency health care procedures set out in the Health Care
Manual. If inmates fear for their personal safety, they may contact the
officer-in-charge or any other custodial official.
Any request for
protective housing w!1I be handled in accordance with 5 NCAC 2C .1100.

(b)

Matters relating to administrative transfers, time computation disputes, and
family illness or death are not to be treated as emergencies for purposes of
this procedure, but shall be handled expeditiously and compassionately by
the superintendent or institution head or their designee where appropriate.

#j;,. "},

(6)

.. .&tW.it

h £&«4 ..:

.ue i (p:;;:mw...

STEPS IN THE GRIEVANCE PROCESS
(a)

Inmate and staff seek to resolve problem through informal communication.

(b)

If informal resolution does not work, inmate submits a written grievance,
which is screened under the rules.

(c)

If accepted, the facility seeks to resolve the grievance with the inmate
consistent with Department of Correction policies.

"s.

.. U(

(d)·

If the inmate does not accept the resolution, the grievance goes to the
Region Dire:::tor/Institution Head.
This is accomplished by inmates
indicating their rejection and signing their name in the proper place (Line
26. (B) of the Step One on Form DC-410A.)
The Region
Director!Insti~ution Head will try to resolve the grievance.

(e)

If the inmate is not satisfied with the decision reached in Step Two the
grievance .may be appealed to an Inmate Grievance Examiner by checking
line 26. (B), dating line 27, and signing line 28. Following investigation by
an Inmate Grievance Examiner, the grievance may be resolved or
dismissed. The Examiner and Division of Prisons staff may resolve the
grievance or the Examiner may write an order to resolve the grievance.

1. ,

The Secretary of Correction accepts, modifies, or rejects the order and this
action is the final step in the Administrative Remedy Procedure.
(7)

OTHER CONSIDERATIONS
(a)

The total grievance process will take no longer than 180 days. Each step is
to be completed in a set number of days, as set out in the Administrative
Remedy Procedure.

.

(b)

23.

Except for emergency grievances as defined in policy section 2 G.0308,
inmates may submit only one (1) grievance at a time. When more than one
is submitted, the sec;ond or subsequent grievance will be returned to the
aggrieved 'inmate. Once the initial grievance has completed Step One or
been resolved, inmates may submit a new grievance or resubmit a
grievance previously returned to them.

STRUCTURED SENTENCING' ACT-Release

An inmate whose crime(s) occurred on or after October 1, 1994, is subject to the Structured
Sentencing Act under which most inmates are not eligible for parole. Each felon will receive a
minimum and a maximum sentence and release date. The maximum sentence will be 120% of the
minimum sentence, plus nine months in the case of certain felonies. Inmates sentenced for a
Class "A" felony and some persons convicted of a Class "B" felony will not have a release date.
Those convicted of Driving While Impaired will be the only persons who will be eligible for
parole.

24.

INTERNATIONAL PRISONER TRANSFERS

North Carolina is one of 48 states, along with the Federal Bureau of Prisons, which allows some
foreign-born inmates to be transferred to their home countries to serve their sentences. Specific
criteria must be met for international transfer consideration, including at least 12 months on the
active sentence remaining to be served at the time of request for transfer. Also, those serving a
maximum sentence of life or d~at~,.will not be considered for transfer. The transfer program is
discretionary and not everyone w~olapplies will be qualifi.~d or approved for transfer.

·.Me

~

25.

FOREIGN CONSULAR NOTIFICATION

As part of processing, each inmate will be asked whether they arc citizens of the United States. If
an inmate is not a citizen of the United States, their consulate will be contacted in accordance with
the policies and procedures set forth by the United States Department of State.
•

26.

POST RELEASE SUPERVISION A!'<1) PAROLE

Effective October I, 1994, the Parole Commission is renamed the Post Release Supervision and
Parole Commission. This coincides with the start of Structured Sentencing.
The Post Release Supervision and Parole Commission has the following powers as defined in the
North Carolina General Statutes for persons whose crimes occurred prior to October I, 1994.
(a)

To grant paroles, including both regular and temporary, to persons held by virtue
of any final order , Judgment of any court .in this state;
,

27.

of

(b)

To revoke, terminate, or suspend paroles;

(c)

To assist the Governor in exercising his authority in granting reprieves,
commutations, and pardons and perform such other services as may be required by
the Governor in exercising his powers of executive authority;

(d)

To exercise all releasing authority over all Committed Youthful Offenders, and
Work Release for offenders with maximum sentences in excess of five years
whose crimes were committed prior to July 1, 1981;

(e)

To adopt rules and regulations whereby prisoners eligible for parole consideration
will have their cases reviewed, investigated, and considered; and

(f)

To establish rules and regulations for the management of prisoners on parole or
post release supervision.

POST RELEASE SUPERVISION AND PAROLE ELIGIBILITY
(a)

Structured Senteflcin,g,- Other than inmates convicted of Driving While Impaired,
no one whose criMe(s) occurred on or after October I, 1994, will be eligible for
parole. He or she may be eligible for Post Release Supervision at the completion
of no less than the minimum portion of their sentence(s), in the case of certain
felony crimes. Inmates convicted of Class "B2" through HE" class felonies will be
placed on a supervised release known as Post Release Supervision no earlier than 9
months before their final release dates. The supervision period will be six months.
If an inmate violates the terms of his or her Post Release Supervision, he or she
may be required to serve the maximum sentence. The Post Release Supervision
and Parole Commission will review the case if you are returned to prison as a
violator and determine if you will be replaced on Post Release Supervision at any
point in the future.

(b)

All prisoners committing crimes prior to July 1, 1978, except those sentenced as
CYOs and those sentenced to life, must serve at least one-fourth of their minimum
sentences to be eligible for parole consideration.
,-.,",":

To establish parole eligibility (P.E.) dates. the Parole Commission uses the
following procedures: .

(c)

(1)

When the sentence is determinate ("fla1"), the P.E. date is set at one-fourth
of the sentence from the date of admission to prison.

(2)

Where the sentence has a minimum sentence, the P.E. date is set at onefourth of the minimum sentence from the date of admission.

(3)

Where two or more sentences are imposed, and are concurrent, the P.E.
date is set at one-fourth of the sentence that has the latest P.E. date.

(4)

Where two or more consecutive sentences are imposed, the minimums are
added and the P.E. date is set at one-fourth of this.

For felons committing crimes after July 1, 1978, and before July 1, 1981, except
those sentenced as CYOs and those sentenced to life, parole eligibility is
determined as follows:
(1)

Where the sentence is determinate ("flat") the inmate is eligible for release
at any time:;·.~;

..

. . ~,

..

(2)

\\There the sentence has a minimum sentence, the P.E. date is determined
either by when the inmate completes serving the minimum -sentence (less
good time) or when he completes serving one-fifth of the statutory
maximum (less good time), whichever is less.

(3)

Where two or more sentences are imposed and are concurrent, the parole
eligibility date is set by computing the eligibility date of each sentence and
using the latest date.

(4)

Where tWo or more consecutive sentences are imposed, the P.E. date is
determined by computing the eligibility date on each sentence and adding
them together.

NOTE: Jail and other pre-sentence credits awarded by the courts are applicable to the parole
eligibility date.

(d)

Inmates convicted of felony crimes committed on or after July 1, 1981, and prior
to October I, I994"and sentenced to a term of 18 months or longer will be granted
re-entry parole 90 'days before the expiration of their sentence(s), provided the
inmate was ryot sentenced as a Committed Youthful Offender or as a
misdemeanant. Effective July I, 1981, inmates eligible for parole will be given
good time towards the parole eligibility date. Community Service Parole may be
considered.

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An inmate committing offenses of Robbery With a Fireman, Explosive, or Other Weapons, or
First and Second Degree Burglary on or after October I, 1977, shall not be eligible for parole
unti I completion of 7 years flat.
Inmates serving life sentences may be eligible for parole consideration in either ten or twenty
years, depending upon the date the crime was committed. For those whose crimes were
committed prior to April 8, 1974, the eligibility date is ten years from the date of admission, less
any pre-sentence credits, and good time credit. For those whose crimes were committed on or
after April 8, 1974, the eligibility date is twenty years from the date of admission, less any presentence credits and good time credit. Inmates whose crimes were committed on or after July I,
1978 and prior to July 1, 1981 who are sentenced to life terms that are determinate are eligible for
parole immediately except inl1'!ates convicted of First Degree Murder. Inmates sentenced to
and life maximum), are eligible for parole after serving 20
indeterminate life terms (life mirihrium
.
years less good time.
.,
. ,
.

Inmates sentenced to life terms on or after July' 1, 1981 and prior to October I, 1994 (Fair
Sentencing Act) are eligible for parole as follows: If the crime is an "A" or "B" class felony, the
eligibility date is 20 years, which cannot be reduced by good conduct time. Inmates sentenced to
life terms whose crimes occurred on or after October 1, 1994 are not eligible for post-release
supervision (parole). Life-term inmates with consecutive sentences must serve the minimum
required by law for each sentence.
Prisoners sentenced as Committed Youthful Offenders (CYO) are eligible for Conditional Release
at any time following admission unless they are convicted of a trafficking offense after 2/1/89.
Then he/she .is only eligible for parole the last 270 days. However, the Commission may not
grant such rdlease without first receiving a favorable recommendation from the Secretary of
Correction unless the inmate is within 90 days of his/her unconditional discharge date. The
Secretary has delegated his authority to make such recommendations to the Director of Prisons,
who has established review committees at the facility and regional levels to make these
recommendations to the Parole Commission.
.
NOTE: Inmates with both CYO and Regular Youthful Offender (RYO) sentences must satisfy
the statutory 'requirement for parpJ.~,eligibi1ity on the RYO sentence before they can be paroled.
CYO status only pertains to pre-St'tiictured Sentencing Ac~ cases.

28.

THE\ PAROLE PROCESS
.

Every inmate that comes into prison is given a number and a file jacket. All information that the
inmate and the prison have in common goes into this jacket. This includes commitment papers,
medical history, and reports from the Division of Prisons on conduct and activities. Also letters
written to and about the inmate are placed in the files.
Before an inmate is considered for parole, the Post Release Supervision and Parole Commission
will do the following things:
(a)

conduct a pre-parole investigation;

(b)

contact persons who are interested in the case. (victim, arresting officer, district
attorney, media, etc.);

lJ

(t"",

i(iJh8«!(Wh(V<,iWi!'Ji="QiQQ.Wh.Qi(@.Qi4iZ'wi«QI( ....

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(c)

after the information is received from the pre-parole investigation, the analyst will
prepare a report for ,the Parole Commission and a decision will be made to parole
the inmate or deny'h1s/her parole.

A pre-parole investigation usually takes 60 days before a decision is made by the commission.
Then the inmate is told of this decision.
If there is no pre-parole investigation, and the case analyst recommends that parole not be given,
two members of the commission must agree with this decision. Any of the commissioners can
disagree with the case analyst. The commissioner can order the case looked into or order an
earlier review date set. If parole is not recommended, a new parole review date is set within the
next 12 months. Only the Parole Commission can move up this date.
In all felony cases the Post Release Supervision and Parole Commission will ask the opinion of
the following people or agencies:
(a)
(b)
(c)
(d)
(e)

The district attorney, who may request a public parole hearing;
The police or sheriffs department;
Parole officers;
'Staffat inmate's prison facility;
The parole case analyst.

.'.

.

Family and people who know 'the, :family and the inmate may offer recommendations for the
inmate. These recommendation~'~,ill be written. They must tell why the inmate deserves parole.
These recommendations are p~t in the i!1mate's file to be read by the commissioners.
In some cases the inmate may be called to meet with members of the commission. When inmates
know they are to meet and talk with a member of the commission, they should have in hand their
job and home plan. Inmates should tell the commission what their reasons are for thinking they
can succeed C?n parole.
In some case? the local media is contacted advising them that the case is under consideration for
parole. Beca'use there are so many inmates to meet and talk with, the commission does not want
visitors present. When visitors have permission to meet with the commission for an inmate, the
visitors will have only five minutes to say what they want to say. The visitor gets permission to
meet with the commission from the case analyst or the Office of the Post Release Supervision and
Parole Commission. This meeting gives the commission a chance to meet the visitors face-toface. Then inmates are able to speak for themselves in private.

29.

FACTORS CONSIDERED IN MAKING PAROLE DECISION

Post Release Supervision and Parole are not rights. There are certain things that must be done
before an in'!late can be given. pa~ole. The commission must by law be sure of the following
things:
';;:, .
(a)

The prisoner \vill (mdst likely) not break any laws.

(b)

The prisoner is not a threat or danger to the people who live in his town or to other
people in the state.

(c)

The prisoner has shown (by his/her record) to have followed the rules of prison.

...& {Q.Q$v oJ :;(. oJ.t.. t.hSddt. ,(..cA dJ.<.J, ,(.$P4P4.(EAn::c&W,~,.JI"!(

(d)

The prisoner does not want to get even with any person who arrested, sentenced or
testified against him/her.

The two reasons why parole is more often turned down are: (J)The commission thinks that the
inmate will most likely break another law. (2)The inmate's record in prison shows that he/she did
not follow the rules while in prison.
Inmates who have been in prison more than one time, on probation, or arrested and convicted will
most likely not make parole the first time they are considered. Inmates who have never been
arrested or convicted or have only been convicted of lesser criminal acts may receive parole as
soon as they have served the least (smallest) amount of time needed by law. The way inmates act
in prison can show the Post Release Supervision and Parole Commission that they are ready for
parole. North Carolina says that the Post Release Supervision and Parole Commission must be
sure that the inmate has gone by the rules and regulations while in prison. Inmates who have been
locked up because of a disciplinary hearing must prove that they have changed by doing more
than the rules ask of them to prove that they are able to get along in prison. Doing well in prison
does not ensure an inmate's chances of getting paroled. However, inmates will not get parole if
they have not done well in prison.
The following are examples which, have either good or bad effects on the chances of making
parole:
(1)

The Type of Crime and How It Was Committed- The commission wants to
answer the question "Has the inmate served enough time on the sentence as
punishment for the crime?"

(2)

Feelings of Officials and People in the Community- The police department and the
people in the neighborhood are asked about inmates and how they think that they
will get along on parole. The opinions of these people carry weight with the
commission.

(3)

Medical, Psychia~~i~, 'and Psychological Reports- These reports are very useful to
the commission':il,l ari~wering questions about the fitness of the prisoner for parole.
These reports will not be shown to anyone else.

(4)

Custody Level- The commission does not give parole to inmates in Close Custody
unless they are being kept at this level for their own protection. As a rule, inmates
will not be paroled out of Medium Custody (brown clothes). The commission
wants inmates to be in Minimum Custody so it can watch their actions and the
way they handle responsibility.

(5)

Escapes, Break-outs- The commission looks at recent escapes by inmates as a sign
that they are likely to leave parole supervision.

(6)

Attitude- N.C. law says that inmates should not hold a grudge against people who
put or kept them in prison.

(7)

Work Release/Study Release- Inmates can help their chances for parole by doing
well on Work Release or Study Release.

.','
'

,

.
(8)

Alcohol/Drug Background- Inmates who have never had an alcohol or drug
problem find themselves in good standing with the commission in these matters.
Inmates who have used alcohol and/or drugs can off-set their bad influence bv
joining groups like AA, drug counseling, mental health counseling, and by n~t
using either alcohol or drugs while in prison, or away from the prison on work
release or on home Icaves.

(9)

Previous Parole and Probation- Both probation and parole are favors given by the
state which must be repaid by the individual with responsible behavior. An inmate
who has gone to prison, gotten out on parole and did not "mess up" before parole
ended, has a good chance of making parole again. Someone who has lost parole
privileges before or "messed up" while on parole would have a lesser chance of
making it again. To commit a new crime while on probation or parole is the worst
thing an inmate can do.

(10)

Employment Plan- Inmates will, not be granted parole unless they have a job or
have money to support themselves without going on welfare. The commission
calls for the inmate to have a full-time job. The commission will not agree to a job
in which the inmate must handle alcoholic beverages or which brings the inmate
close to bad people. A school plan may be used by inmates who need more
education or trai,ning.

NOTE: After inmates have met all conditions for parole except for finding a job, they
may be able to get a 30 day parole in order to look for ajob. These leaves will be given to
inmates whose prison records are spotless and who have no drug or alcohol problems.
(11)

30.

Residence Plan- The commission demands that the home in which the inmate
plans to live be cooperative, stable, and moral. Without the cooperation of the
home, the parolee ~as a greater chance of failure.

NOTIFICATION OF PAROLE DENIAL

When inmates are turned down for parole/post release supervision, they will get a letter giving the
reasons why they were denied. The reasons will be given in terms of the requirements for parole
and certain points in the inmate's case will be given to back-up the decision.

31.

INTERSTATE PAROLE COMPACT

In some cases, an inmate may be granted parole to another state. Parole cannot be granted to
another state unless there is an Cigreement between that state and North Carolina concerning
parole. This agreement is called :th'e Interstate Parole Compact.

32.

PAROLE SUPERVISION/POST RELEASE SUPERVISION

Inmates on One-Third Parole mayor may not have a parole officer in charge of their paroles, but
all other inmates on parole will have a parole officer whose job it is to make sure inmates live up
to the rules and conditions of their parole. The commission has the power to end an inmate's
parole. This means that inmates will be released from their sentences the same as if they have
served the whole sentence. When inmates serving a felony sentence either complete the sentence
or have the parole terminated by the commission, their citizenship rights will be returned to them.

,

'

There are times when an inmate' on parole will not be given credit for time served on parole.
These three times are:
(I)

TIME SERVED IN PRISON OR JAIL- Any inmate found guilty of a new crime
\'I'hile on parole will not have that time spent on the new sentence counted against
the inmate's sentence from which they were paroled. The commission can order
that the time count against the inmate's sentence.

(2)

ABSCONDERS- Any inmate is said to have absconded (escaped) from parole
when the inmate's parole officer cannot find the inmate or the inmate has changed
hislher place of work or place where he/she lives and has not told hislher parole
officer. The time that the inmate spends as an absconder does not count toward
hislher sentence.

Inmates on parole must live by the rules and conditions of their parole/post release supervision.
When inmates do not live up to these conditions, the parole may be revoked (stopped), and the
inmate will be returned to prison to serve hislher sentence.
Parole is only granted to those inmates who can be trusted to live in the community as good
citizens. Parole is a privilege (fa,yoT) granted to inmates because of good behavior in prison and
because it is believed that thev wi'lIlive in the community without returning to crime.
'" .

~

33.

(

.

SEXUAL ABUSE

North Carolina Division of Prisons is committed to a standard of zero-tolerance of sexual abuse of
inmates.
A.

INMATES WHO SEXUALLY ABUSE OTHER INMATES
I.
If allegations of sexual assault or misconduct against you are substantiated,
sanctions will' be harsh. Your custody level will be reviewed and likely
increased, which could mean a transfer to a higher security prison or unit
with significantly less freedom of movement and limited privileges. If you
have family, this may affect them and their ability to visit you.
2.

All cases of substantiated sexual assault or misconduct will be referred to
law enforcement for criminal investigation. You may be prosecuted and if
you are found guilty add'itiona:I prison time may be added to your current
sentence.

3.

Conside~ ,that regardless of how you choose to characterize it, unprotected
sex signifTcantly increases your risk of HIV infection, along with exposing
you to other sexually transmitted diseases.

4.

If you have trouble controlling your actions, please seek help from mental
health statT and/or consider participating in programs designed to control
anger or reduce stress. To reduce immediate feelings of anger or
aggression you may want to try talking to or writing to a friend, meditate or
do breathing exercises to relax, work on a hobby, or engage in some type of
exercise.

",

4

B. SEXUAL ASSAULT AND SEXUAL MISCONDUCT DEFINITIONS
Aggressor: The inmate or staff memb;.;r who commits a sexual assault
and/or sexual misconduct.
,tI!:

Sexual Assault: Any contact between the sex organ of one person and the
sex organ, mouth or anus of another person, or any intrusion of any part of
the body of one person, or of any object into the sex organ, mouth or anus
of another person, by the use of force or threat of force. Any sexual contact
between an inmate and staff member is considered sexual assault. whether
"consensual" or not.
Sexual Misconduct: Forms of sexual harassment including willful and
intentional indecent exposure of private parts of the body in the presence of
another, touching of private parts of inmates or staff, and the taking of such
photographs.
'
C. PREVENTING SEXUAL ABUSE OR RAPE
I. The only way rape can be prevented is when a potential rapist chooses NOT to
rape. However, you may avoid an attack by keeping the following safety
guidelines in mind:
a. Be aware of situations that make you feel uncomfortable. Trust your
insti~9~s~ Ifit feels wrong, LEAVE the area.
b. Don"t let your manners get in the way of keeping yourself safe.
Don't be afraid to say "NO" or "STOP IT, NOW".
c. Walk and stand with confidence. Many rapist choose victims who
look like they won't fight back or are emotionally weak.
d. Avoid talking about sex, and casual nudity. These things may be
considered a come on, or make another inmate believe that you have
an interest in a sexual relationship.
e. Do not accept canteen items, offers of protection, or other gifts from
other inmates. Placing yourself in debt to another inmate can lead to
the expectation of repaying the debt with sexual favors.

f.

Avoid secluded areas. Position yourself in plain view of staff
members. If you are being pressured for sex, report it to a stafT
member immediately.

2. If you are aware that another inmate is being sexually abused, you have a
responsibilit{tb'report it to staff.
D. WI-IAT TO DO IF YOU ARE SEXUALLY ABUSED OR RAPED
I. If the attack has just happened .......

Q'

~

a. Get to a safe place. REPORT THE ATf ACK TO A STAFF
MEMBER IMMEDlATELY. The longer you wait to report the
attack, the more difficult it is to obtain the cvidence n~~'cssary for a
criminal and/or administrative investigation.
b. Request immediate medical attention. YOli may have serious injuries
that you are not aware of, and any sexual contact can expose you to
sexually transmitted diseas~s.

c. Do not shower, brush your teeth. eat, drink, use the restroom or
change your clothes. You may destroy important cvidence.
2. Later on

j;

'.'. ;.',

.

a. Seek the'sl,Jpport of a trusted friend, family member or staff member.
The days ahead can be traumatic and it helps to have people who care
about you supporting you.
b. Seek professional help. Mental Health staff is available for crisis care
365 days a year, to listen and offer support.
E.

WHILE YOU ARE ENCOURAGED TO REPORT ANY INCIDENTS
INVOLVING SEXUAL ABUSE, KEEP IN MIND THAT IT IS IMPORTANT
TO BE TRUTHFUL. IF DETERMINED THAT YOU HAVE MADE A FALSE
REPORT, SERIOUS ACTIONS COULD BE TAKEN.

'I.

 

 

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