N.C. Gen. Stat. » Chapter 148
NC General Statutes

N.C. Gen. Stat. § 148-36 (2026)

Secretary of the Department of Adult Correction to control classification and operation of prison facilities

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All facilities established or acquired by the Division of Prisons of the Department of Adult Correction shall be under the administrative control and direction of the Secretary of the Department of Adult Correction, and operated under rules and regulations proposed by the Secretary and adopted by the Division of Prisons of the Department of Adult Correction as provided in G.S. 148-11. Subject to such rules and regulations, the Secretary shall classify the facilities of the State prison system and develop a variety of programs so as to permit proper segregation and treatment of prisoners according to the nature of the offenses committed, the character and mental condition of the prisoners, and such other factors as should be considered in providing an individualized system of discipline, care, and correctional treatment of persons committed to the Division. The Secretary of the Department of Adult Correction, or his authorized representative, shall designate the places of confinement where sentences to imprisonment in the State's prison system shall be served. The Secretary or his representative may designate any available facility appropriate for the individual in view of custodial and correctional considerations. (1931, c. 145, s. 28; c. 277, s. 8; 1933, c. 46, ss. 3, 4; c. 172, ss. 4, 17; 1943, c. 409; 1955, c. 238, s. 7; 1957, c. 349, s. 10; 1967, c. 996, s. 7; 1973, c. 1262, s. 10; 2011-145, s. 19.1(h), (i); 2012-83, s. 61; 2017-186, s. 2(zzzzzzz); 2021-180, s. 19C.9(o), (p).)

 

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1980–2025 · leading case: Frank E. Wetzel v. Ralph Edwards, 635 F.2d 283 (4th Cir. 1980).
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Frank E. Wetzel v. Ralph Edwards, 635 F.2d 283 (4th Cir. 1980). “§ 148-22 which directs the Department of Corrections to provide for the prisoners’ correction and return to the community as soon as practicable; N.C.G.S. § 148-36 au *290 thorizing the Department to adopt regulations in order to classify prison facilities and to devise programs…”
Inscoe v. Ishee, 915 S.E.2d 448 (N.C. Ct. App. 2025). · cites it 16× “42 (b), (c), (e) (discussing the “[u]se of screening information” in determining where to house inmates); see also N.C. Gen. Stat. § 148-36 (2023) (“Secretary of the Department of Adult Correction to control classification and operation of prison facilities.”
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