(a) The Secretary shall adopt rules for the government of the State prison system. The Secretary shall have the rules that pertain to enforcing discipline read to every prisoner when received in the State prison system and a printed copy of these rules made available to the prisoners.
(b) The Secretary of the Department of Adult Correction has sole authority to designate the uniforms worn by inmates confined in the Division of Prisons. (1873-4, c. 158, s. 15; Code, s. 3444; Rev., s. 5401; C.S., s. 7721; 1925, c. 163; 1933, c. 172, s. 18; 1955, c. 238, s. 4; 1957, c. 349, s. 4; 1967, c. 996, ss. 14, 15; 1973, c. 1262, s. 10; 1983, c. 147, s. 1; 1987, c. 827, s. 1; 1991, c. 418, s. 15; c. 477, ss. 6, 8; 1995, c. 507, s. 27.8(u); 1999-109, s. 2; 2011-145, s. 19.1(i), (j); 2017-186, s. 2(eeeeeee); 2021-180, s. 19C.9(o), (r).)
Notes of Decisions
Cited in
13
cases (
3 in the last 5 years), 1949–2024 · leading case:
Jones v. Keller, 698 S.E.2d 49 (N.C. 2010).
Jones v. Keller, 698 S.E.2d 49 (N.C. 2010).
· cites it 6× “1974) ("The Secretary [of Correction] shall propose rules and regulations for the government of the State prison system, which shall become effective when approved by the Department of Correction."). The statutes further provide that "[t]he Secretary of Correction shall have…”
Price v. Davis, 512 S.E.2d 783 (N.C. Ct. App. 1999).
· cites it 4× “Upon his arrival at Odom, plaintiff alleged that defendant Creecy, a correctional sergeant, confiscated twenty-six solid-barrel ball point pens, nine highlighters, and a padlock from plaintiff, in violation of G.S. § 148-11, prison policy, and *558 plaintiff’s due process rights.”
Teasley v. Beck, 574 S.E.2d 137 (N.C. Ct. App. 2002).
“The Department of Correction may give credit toward service of the maximum term and any minimum term of imprisonment and toward eligibility for parole for allowances of time as provided in rules and regulations made under G.S. 148-11 and 148-13. N.C.G.S. § 15A-1355(c) (emphasis…”
State v. Bowden, 766 S.E.2d 320 (N.C. 2014).
· cites it 8× “§ 148-11 (2013) (“The Secretary shall adopt rules for the government of the State prison system.”
State v. Garris, 144 S.E.2d 901 (N.C. 1965).
“G.S. 148-11. Whether a prisoner shall benefit thereby depends on his own conduct.”
State v. Shoemaker, 160 S.E.2d 281 (N.C. 1968).
“The prison rules authorized by G.S. 148-11 are administrative and not judicial.”
State v. McCall, 159 S.E.2d 316 (N.C. 1968).
“G.S. 148-11. Whether a prisoner shall benefit.”
State v. Daw (N.C. Ct. App. 2021).
· cites it 3× “§ 148-11 specifically authorizes the Secretary of DPS to “adopt rules for the government of the State prison system[,]” including “rules that pertain to enforcing discipline[,]” N.C. Gen. Stat. § 148-11 (a) (2019), and we have held that generally speaking, issues such as a…”
State v. Daw (N.C. Ct. App. 2021).
· cites it 3× “§ 148-11 specifically authorizes the Secretary of DPS to “adopt rules for the government of the State prison system[,]” including “rules that pertain to enforcing discipline[,]” N.C. Gen. Stat. § 148-11 (a) (2019), and we have held that generally speaking, issues such as a…”
State v. Lacure (N.C. Ct. App. 2024).
· cites it 3× “See N.C.G.S. §§ 148-11(a), 148- 13, 148-22.1.”
Jones v. Rickman (W.D.N.C. 2020).
· cites it 2× “As to Defendant Hooks, Plaintiff alleges that, as Secretary of Public Safety, pursuant to N.C. Gen. Stat. § 148-11 , Hooks “is legally responsible for all prison rules and policies by law, not by respondeat superior.”
Patton v. Ross, 267 F. Supp. 387 (E.D.N.C. 1967).
“§§ 148-11 and 148-13, provide, in part: “§ 2-102.”
— N.C. Gen. Stat. § 148-11(a) — 1 case
State v. Lacure (N.C. Ct. App. 2024).
“See N.C.G.S. §§ 148-11(a), 148- 13, 148-22.1.”
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