{"data":{"id":"us-nc/n.c.-gen.-stat.-153a-229.1","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 153A-229.1","heading":"Definitions.","body":"As used in this Article, the following definitions apply:\n(1)\tBody cavity searches. - The probing of body orifices in search of contraband.\n(2)\tEscape risk. - An incarcerated person who is determined to be at high risk for escape based on an individualized risk assessment.\n(3)\tFacility employee. - Any person who is employed by the local government and who works at or in a local confinement facility.\n(4)\tImportant 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.\n(5)\tIncarcerated 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.\n(6)\tLocal 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.\n(7)\tMenstrual products. - Products that women use during their menstrual cycle. These include tampons and sanitary napkins.\n(8)\tPostpartum 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.\n(9)\tRestraints. - Any physical or mechanical device used to restrict or control the movement of an incarcerated person's body, limbs, or both.\n(10)\tRestrictive 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:\na.\tSingle-cell accommodations in facilities that provide those accommodations to all incarcerated persons.\nb.\tSingle-cell accommodations in facilities that provide those accommodations to all persons of a certain sex or gender.\nc.\tSingle-cell accommodations provided for medical reasons, except when pregnancy, alone, is the medical reason for the single-cell accommodations.\nd.\tSingle-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.\ne.\tSingle-cell accommodations provided at the request of the incarcerated person.\n(11)\tState 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).)","path":["Chapter 153A. Counties.","Article 10. Law Enforcement and Confinement Facilities.","Part 2B. Dignity for Women Incarcerated in Local Confinement Facilities."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_153A/GS_153A-229.1.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:24:07Z","sha256":"ba3ed497739732dd7f25b43b245c0c905eed1455207fbe3ece01780cd3a50991","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-153a-229","next":"us-nc/n.c.-gen.-stat.-153a-229.2"},"notice":"GroundRules: Original legal text. Not legal advice."}