Persons who are lawfully confined in jail awaiting trial shall be liable to the county or municipality maintaining the jail in the sum of ten dollars ($10.00) for each 24 hours' confinement, or fraction thereof, except that a person so confined shall not be liable for this fee if the case or proceeding against him is dismissed, or if acquitted, or if judgment is arrested, or if probable cause is not found, or if the grand jury fails to return a true bill.
Persons who are ordered to pay jail fees pursuant to a probationary sentence shall be liable to the county or municipality maintaining the jail at the same per diem rate paid by the Division of Prisons of the Department of Adult Correction to local jails for maintaining a prisoner, as set by the General Assembly in its appropriations acts. (1965, c. 310, s. 1; 1969, c. 1190, s. 33; 1973, c. 503, s. 20; 1975, c. 444; 1989, c. 733, s. 1; 2000-109, s. 5; 2000-140, s. 104; 2011-145, ss. 19.1(h), 31.26(e); 2011-192, s. 7(n); 2017-186, s. 2(d); 2021-180, s. 19C.9(p).)
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 1984–2025 · leading case:
State v. Rowe, 752 S.E.2d 223 (N.C. Ct. App. 2013).
State v. Rowe, 752 S.E.2d 223 (N.C. Ct. App. 2013).
· cites it 6× “N.C. Gen. Stat. § 7A-313 (2011). Regarding the first type of fee, the statute reads: Persons who are lawfully confined in jail awaiting trial shall be liable to the county or municipality maintaining the jail in the sum of ten dollars ($10.”
State v. Patin, No. 14-926 (N.C. Ct. App. Apr. 21, 2015).
· cites it 8× “12 CRS 5176 exceeded the amount she was obligated to pay under N.C. Gen. Stat. § 7A-313. The State concedes that the trial court erred in its calculation of jail fees and we agree.”
State v. Shaw, No. 25-305 (N.C. Ct. App. Nov. 5, 2025).
· cites it 2× “N.C. Gen. Stat. § 7A-313 (2023). Jail fees are only awarded in conjunction with a probationary sentence when there is some element of jail time involved, as well.”
In re Bond Forfeitures of Dunlap, 310 S.E.2d 415 (N.C. Ct. App. 1984).
“G.S. 7A-313. And unlike the earlier statute which did not specify how fines and forfeitures had to be used, under the constitutional provision now in force fines and forfeitures must be used for the public schools.”
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