Part 2B.
498 words·~2 min read·
/nc/chapter-153a/2bA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Part 2B. Dignity for Women Incarcerated in Local Confinement Facilities.
§ 153A-229.1. Definitions.
As used in this Article, the following definitions apply:
(1)Body cavity searches. - The probing of body orifices in search of contraband.
(2)Escape risk. - An incarcerated person who is determined to be at high risk for escape based on an individualized risk assessment.
(3)Facility employee. - Any person who is employed by the local government and who works at or in a local confinement facility.
(4)Important circumstance. - There has been an individualized determination that there are reasonable grounds to believe that the female incarcerated person presents a threat of harming herself, the fetus, or any other person, or an escape risk that cannot be reasonably contained by other means, including the use of additional personnel.
(5)Incarcerated person. - Any person incarcerated or detained in a local confinement facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for violations of criminal law or the terms and conditions of parole, probation, pretrial release, or a diversionary program.
(6)Local confinement facility. - "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 of the General Statutes.
(7)Menstrual products. - Products that women use during their menstrual cycle. These include tampons and sanitary napkins.
(8)Postpartum recovery. - The six-week period following delivery, or longer, as determined by the health care professional responsible for the health and safety of the female incarcerated person.
(9)Restraints. - Any physical or mechanical device used to restrict or control the movement of an incarcerated person's body, limbs, or both.
(10)Restrictive housing. - Any type of detention that involves removal from general population and an inability to leave a room or cell for the vast majority of the day. This term shall not include any of the following:
a. Single-cell accommodations in facilities that provide those accommodations to all incarcerated persons.
b. Single-cell accommodations in facilities that provide those accommodations to all persons of a certain sex or gender.
c. Single-cell accommodations provided for medical reasons, except when pregnancy, alone, is the medical reason for the single-cell accommodations.
d. Single-cell accommodations provided when an individualized determination has been made that there are reasonable grounds to believe that there exists a threat of harm to the female incarcerated person or the fetus.
e. Single-cell accommodations provided at the request of the incarcerated person.
(11)State of undress. - A situation when an incarcerated person is partially or fully naked, either in the shower, toilet areas, a medical examination room, or while having a body cavity search conducted. (2021-143, s. 3(a).)