Statutes, codes, and regulations
NORTH CAROLINA ADMINISTRATIVE CODE
Title 10A - HEALTH AND HUMAN SERVICESChapter 14 - Director, Division of Health Service RegulationSubchapter J - JAILS, LOCAL CONFINEMENT FACILITIES
Section .1300 - INSPECTION AND ENFORCEMENT OF MINIMUM STANDARDS
Section 14J .1303 - DETERMINATION THAT CONDITIONS JEOPARDIZE INMATES

10A N.C. Admin. Code 14J.1303

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Current through Register Vol. 38, No. 20, April 15, 2024
Section 14J .1303 - DETERMINATION THAT CONDITIONS JEOPARDIZE INMATES
(a) The Secretary shall determine whether conditions in the jail jeopardize the safe custody, safety, health or welfare of its inmates within 30 days after receipt of the inspection report and the supporting materials.
(b) The Secretary may determine that noncompliance with any of the provisions listed in 10A NCAC 14.1302(b) jeopardizes the safe custody, safety, health or welfare of inmates confined in the jail.
(c) Although noncompliance with other specific standards or statutes may be found to jeopardize inmate or staff safe custody, safety, health or welfare, the Secretary shall determine that noncompliance with any of the following provisions contained in 10A NCAC 14J jeopardizes the safe custody, safety, health or welfare of inmates confined in the jail:
(1) Mattress flame retardant requirements; Rule.0404;
(2) Emergency exits; Rule.0401;
(3) Fire plan; Rule .0403;
(4) Fire equipment; Rule .0402;
(5) Separation of male and female inmates; Rule.0302;
(6) Separation of males under age 18; Rule.0303;
(7) Medical plan; Rule.1001;
(8) Disapproval for public health purposes; G.S. 153A-226(b).
(d) The Secretary shall notify the local officials responsible for the jail within 15 days of his final determination if he concludes that the conditions in the jail jeopardize the safe custody, safety, health or welfare of the inmates. The Secretary shall order corrective action, order the jail closed, or enter into an agreement of correction with local officials pursuant to 10A NCAC 14J .1304.
(e) The Secretary shall notify the local officials responsible for the jail within 15 days of his final determination if he concludes that the conditions in the jail do not jeopardize the safe custody, safety, health or welfare of the inmates. The notice shall direct local officials to consider the inspection report and initiate corrective action pursuant to the provisions of G.S. 153A-222.

10A N.C. Admin. Code 14J .1303

Authority G.S. 153A-220; 153A-221;
Eff. June 1, 1990;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016.
Authority G.S. 143B-153; 153A-220; 153A-221;
Eff. June 1, 1990.