148-118.1. Authority. [Effective until January 1, 2023] The Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall adopt an Administrative Remedy Procedure in compliance with 42 U.S.C. 1997, the "Civil Rights of Institutionalized Persons Act". The Administrative Remedy Procedure and any amendments or changes thereto shall be adopted only after […]
148-118.2. Effect. [Effective until January 1, 2023] (a) Upon approval of the Administrative Remedy Procedure by a federal court as authorized and required by 42 U.S.C. 1997(e)(a), and the implementation of the procedure, this procedure shall constitute the administrative remedies available to a prisoner for the purpose of preserving any cause of action under the […]
148-118.3. Publication of procedure. The Administrative Remedy Procedure shall be published in the North Carolina Register. (1987, c. 746, s. 2.)
148-118.4. Definitions. [Effective until January 1, 2023] For purposes of this Article, "prisoner" shall refer to all prisoners in the physical custody of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. (1987, c. 746, s. 2; 2011-145, s. 19.1(h); 2017-186, s. 2(uuuuuuuu).) 148-118.4. Definitions. [Effective January 1, 2023] For […]
148-118.5. Records confidentiality. [Effective until January 1, 2023] All reports, investigations, and like supporting documents prepared by the Division for purposes of responding to the prisoner’s request for an administrative remedy shall be deemed to be confidential. All formal written responses to the prisoner’s request shall be furnished to the prisoner as a matter of […]
148-118.6. Grievance Resolution Board. [Effective until January 1, 2023] The Grievance Resolution Board is established as a separate agency within the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. It shall consist of five members appointed by the Governor to serve four-year terms. Of the members so appointed, three shall […]
148-118.7. Removal of members. The Governor may remove any member of the Grievance Resolution Board for one or more of the following reasons: (1) Conviction of a crime involving moral turpitude or of any criminal offense the effect of which is to prevent or interfere with the performance of Board duties. (2) Failure to regularly […]
148-118.8. Appointment, salary, and authority of Executive Director and inmate grievance examiners. [Effective until January 1, 2023] (a) The Grievance Resolution Board, in consultation with the Secretary of Public Safety, shall provide the Governor with at least three nominees, and the Governor shall appoint an Executive Director from those nominees. The Grievance Resolution Board shall […]
148-118.9. Investigatory power of the Grievance Resolution Board. [Effective until January 1, 2023] The Secretary of Public Safety may request that the Grievance Resolution Board investigate matters involving broad policy concerns. The Grievance Resolution Board may convene a fact-finding hearing to consider the issues presented for investigation. A record of testimony presented at such hearing […]
