Unless otherwise clearly required by the context, the words and phrases defined in this section have the meanings indicated when used in this Part:
(1) "Commission" means the Social Services Commission.
(2) "Secretary" means the Secretary of Health and Human Services.
(3) "Department" means the Department of Health and Human Services.
(4) "Governing body" means the governing body of a county or city or the policy-making body for a district or regional confinement facility.
(5) "Local confinement facility" includes a county or city jail, a local lockup, a regional or district jail, a juvenile detention facility, a detention facility for adults operated by a local government, and any other facility operated by a local government for confinement of persons awaiting trial or serving sentences except that it shall not include a county satellite jail/work release unit governed by Part 3 of Article 10 of Chapter 153A.
(6) "Prisoner" includes any person, adult or juvenile, confined or detained in a confinement facility.
(7) "Unit," "unit of local government," or "local government" means a county or city. (1967, c. 581, s. 2; 1969, c. 981, s. 1; 1973, c. 476, s. 138; c. 822, s. 1; 1987, c. 207, s. 2; 1997-443, s. 11A.118(a); 1998-202, s. 4(cc).)
Notes of Decisions
Cited in
9
cases, 1984–2019 · leading case:
State v. Robertson, 603 S.E.2d 400 (N.C. Ct. App. 2004).
State v. Robertson, 603 S.E.2d 400 (N.C. Ct. App. 2004).
· cites it 2× “[as] defined in G.S. § 153A-217(5).”) (construing N.C.G.S.”
State v. Moncree, 655 S.E.2d 464 (N.C. Ct. App. 2008).
· cites it 2× “” N.C. Gen. Stat. § 153A-217 (2006) defines “local confinement facility” as including “a county or city jail, a local lockup, a regional or district jail, a juvenile detention facility, a detention facility for adults operated by a local government, and any other facility…”
State v. Dent, 621 S.E.2d 274 (N.C. Ct. App. 2005).
· cites it 5× “§ 90-95 (e)(9) does not define the term “local confinement facility,” N.C. Gen. Stat. § 153A-217 (2003) provides the following definition for the term: “Local confinement facility” includes a county or city jail, a local lockup, a regional or district jail, a juvenile detention…”
Simmons v. Corizon Health, Inc., 122 F. Supp. 3d 255 (M.D.N.C. 2015).
“§ 153A-217. Thus, *263 § 153A-225 imposes no duty on Corizon to “develop a plan for providing medical care for prisoners.”
State v. Robertson, 587 S.E.2d 902 (N.C. Ct. App. 2003).
“he performance of his or her State or local government duties at the time the fluid or excrement was released; *293 (4) the defendant acted knowingly and willfully; and (5) the defendant was in the custody of the Department of Correction, the Department of Juvenile Justice and…”
State v. Artis, 622 S.E.2d 204 (N.C. Ct. App. 2005).
“4 (a) provides: Any person in the custody of the Department of Correction, the Department of Juvenile Justice and Delinquency Prevention, any law enforcement officer, or any local confinement facility (as defined in G.S. 153A-217, or G.S. 153A-230.1), including persons pending…”
Moran v. Polk Cnty. (W.D.N.C. 2019).
· cites it 2× “N.C. Gen. Stat. Ann. § 153A- 225 (a); N.C.”
State v. Blow (N.C. Ct. App. 2014).
“2 (a) (2013), which provides: Any person while in the custody of the Section of Prisons of the Division of Adult Correction, or any person under the custody of any local confinement facility as defined -5- in G.S. 153A-217, who shall have in his possession without permission or…”
State v. Phillips, 314 S.E.2d 6 (N.C. Ct. App. 1984).
“2, the law that he allegedly violated, reads as follows: Any person while in the custody of the Division of Prisons, or any person under the custody of any local confinement facility as defined in G.S. 153A-217, who shall have in his possession without permission or…”
— N.C. Gen. Stat. § 153A-217(5) — 1 case
State v. Robertson, 603 S.E.2d 400 (N.C. Ct. App. 2004).
“[as] defined in G.S. § 153A-217(5).”) (construing N.C.G.S.”
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