§ 15B-32. Notice of contract or agreement to pay.

403 words·~2 min read·/nc/chapter-15b/15b-32

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Notice to Commission. -

(1)Every person, firm, corporation, partnership, association, or other legal entity, or representative of a person, firm, corporation, partnership, association, or entity that knowingly contracts for, pays, or agrees to pay to an offender

(i)profit from crime or

(ii)funds of an offender where the value or aggregate value of the payment or payments exceeds ten thousand dollars ($10,000) shall submit to the Commission a copy of the contract or reduce to writing the terms of any oral agreement or obligation to pay as soon as practicable after discovering the payment or intended payment constitutes profit from crime or funds of an offender.

(2)Whenever the payment or obligation to pay involves funds of an offender that a superintendent, sheriff, or municipal officer

(i)receives or will receive on behalf of an inmate serving a sentence with the Division of Prisons of the Department of Adult Correction or a prisoner confined at a local correctional facility,

(ii)deposits or will deposit in an inmate account to the credit of an inmate or prisoner, and

(iii)the value of such funds exceeds or will exceed ten thousand dollars ($10,000), the State or subdivision of the State shall also give written notice to the Commission.

(3)Whenever the State or a subdivision of the State makes a payment or has an obligation to pay funds of an offender and the value of such funds exceeds or will exceed ten thousand dollars ($10,000), the State or subdivision of the State shall also give written notice to the Commission.

(4)In all other instances where the payment or obligation to pay involves funds of an offender and the value or aggregate value of the funds exceeds or will exceed ten thousand dollars ($10,000), the offender who receives or will receive the funds shall give written notice to the Commission.

(b)Notice to Eligible Persons. - The Commission shall, upon receipt of a notice of a contract, an agreement to pay, or payment of profit from crime or funds of an offender, notify in writing by certified mail, return receipt requested, all known eligible persons where the eligible persons' names and addresses are known to the Commission. The Commission may, in its discretion, provide for additional notice as it deems necessary. (2004-159, s. 2; 2011-145, s. 19.1(h); 2017-186, s. 2(hhhh); 2021-180, s. 19C.9(p).)