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CH. :162.
<br />
<br />62-39
<br />
<br />c,be~ ~n) oroer of comm:,ment so
<br />t]$35, c. 2, s. 2; R.C., c. $7, s. 3; Code, s.
<br />.~-~58; Rev., s. ]350; C.S., s. ]354; ]9?3, c.
<br />57, s. 2; c. 822, s. 3; ]953, c. 6?0, s.
<br />
<br /> § 162-39. Transfer of prisoners when
<br />- necessary for safety and sectu-Jty;
<br /> ~pplJcation of secdon to municipali-
<br />
<br /> ~enevez necess~ for the s=fety of a
<br /> sonar held Jn ~ny county jaJ] or ~ avoid
<br /> breach of the pe~ce Jn any county or
<br />
<br /> numbers that .coun}y jaJ] facilities are
<br /> jn~u~c}ent and ~naoequate for the hous-
<br /> ~n~ of such pr~soners, the res~entjud~e of
<br /> uhe ~uper~or cou~ or any ju~e hoSdJng
<br /> mperJor co~ Jn ~e ~strJct Or any
<br /> cou~.ju~de may or,er the prisoner trans-
<br /> lated ~ a ~t and secure jaJ]Jn so~e other
<br /> county, or ~ a unit of :he S~ prison
<br /> ~v~tem desk.aMd by ~he Secre~
<br /> ~o~ect~on or h~s authorized repre~en~-
<br /> foe, where %he prisoner shall be ~e]d for
<br /> [?ch ]en~h of t~me as :he judge may
<br /> c[re~. The sheriff of the county from
<br /> ~'hich the prJsooer ~s removed shall
<br /> responsible for conveying :he prisoner
<br /> Uhe jail or prison unit where he is ~ be
<br /> ~e]d. and for retu~Jng him to t~e common
<br /> j~i) 'of the county from whkh he was
<br /> t, ansfe~ed. The retu~ shah be made at
<br /> the expiration of the time desJ~ated in
<br /> the cou~ order directing the transfer un-
<br /> )es~ the judge, by appropriate or, er, shall
<br /> fre:t othe~'Jse. The sheriff or keeper of
<br /> the jail of the county 8esJ~a~ in the
<br /> court or,er, or the o~cer in charEe of the
<br /> ~Hson unit desJ~a~d by the Secre~, of
<br /> Co.action, sba)) receive aha re)ease cus-
<br /> ~)' ofth~ priso)~er in accordance with the
<br /> ie~s of t~e cou~ or,er. ]fa prisoner Js
<br /> b ~n~ '
<br /> ".feted to a umt of the State
<br /> ~js~, t~e county fro~ which t~e prJs-
<br /> o.er is transfe~e~ shall pay the Depa~-
<br /> men[ of Co.action for ~n~in~n~ the
<br />
<br /> ?hkh tSe Depa~meht of Correction pays a
<br /> )~] jaJ] for mafn~injng a prisoner, ~ro-
<br /> ~?ed, ho~'ever, that a counly {s not re-
<br /> ~c~red ~ reimburse the Ste~ for
<br /> ~n~ng a prisoner who was a resident of
<br /> ~.,u%her state or county at the time he
<br /> ~mit~d the crime for ~'hich he ~s ~m-
<br /> pr~soned. ]fthe prisoner ~s transferred to a
<br /> ~j) in some other county, the count)' from
<br /> v'hkh the prisoner i$ transferred she]] pay
<br /> ~tbe county receiving the prisoner in its
<br /> 3~i) {he actua{ cost of mainlining the
<br /> ~r~suner for the time des~a~d by the
<br />
<br /> court. Counties are hereby authorized to
<br /> enter into contractual,agreements with
<br /> other counties to provJoe j-'il facilities to
<br /> which prisoners may be transferred as
<br /> deemed necessary under this section.
<br /> ?,'hanover prisoners are arres~d in such
<br />~umbers that county jail f~d]/ties ~re
<br />insufficient and inadequate for the ssfe-
<br />keeping of such prisoners, the resident
<br />judge of the superior cou~ or any suuerior
<br />or d~strJct cou~udge ho]ding cou~ {n the
<br />distric~ may o. der the prisoners trans-
<br />ferred to a unit of the S~te Depa~ment of
<br />Correction desJ~ated b) ~he Secre~
<br />CorrectJon or his ~uthorized represent.
<br />t~ve, where the prisoners may be held for
<br />such ]ankh of time as the judge may
<br />d~rect, such de~ntion ~ be in col] sep~a~
<br />from ~at used For imprisonment of per-
<br />sons already convic~d of crimes, except
<br />when zdmJssJon to ~n inpatient prison
<br />medical or mental heahh unit is requJred
<br />to provide se~'Jces deemed necessa~ by a
<br />prison heskh care c]Jn~cJan. The sheri~of
<br />the county from which the ~Hsoners are
<br />removed shall be responsible for conveying
<br />the prisoners ~ the prison unit or ~ts
<br />where they are ~ be he]d, and for retu~-
<br />lng them ~ the common iai] of ~e county
<br />from which they ~,ere translated. How-
<br />ever, if due ~o the number of prboners to
<br />be conveyed the sheriff ~s ~ab)e to pro-
<br />vide adequa~ transpo~tion, he m~y re-
<br />quest the assJs~nce of the Depa~ment of
<br />Co,action, and the Depa~ment of ~f~ec-
<br />t~on is hereby ~uthorized and directed to
<br />cooperate with the sheriff and provide
<br />wha~ver assJs~nce Js available, both in
<br />x, ehJc]es and manpower, ~ eccomv]ish the
<br />conveying of the prisoners to and ~rom the
<br />county ~ the 8esi~ated prison unit or
<br />un,ts. The o~cer Jn charge of thepr~son
<br />unit desJ~ted by the Secre~' of Correc-
<br />tion or h~s authorized represen~th, e shah
<br />receive and re]ease the custody of the
<br />prisoners in accordance with the ~rms
<br />the cou~ order. The couniy from which the
<br />prJsoners are transferred shah pay to the
<br />Depa~ment of Correct,on the actual cost
<br />of transpomJng the prisoners ~nd the cost
<br />of mainlining the prboners at the per
<br />d~y, per inmate ra~ at which the Depa~-
<br />me~t of Correction pays a ]oc~] jail for
<br />mainta~nJng a prisoner, provided, bow-
<br />ever, that a county Js not required
<br />reJmburse the Sta~ For transposing or
<br />maintaining a prisoner who was ~ resident
<br />of another s~e or count), at the t~me
<br />was arrestffd. However, JFthe count)' com-
<br />missioners shah ce~fy ~ the Governor
<br />that the coumy Js uneb]e to pay the
<br />submitted by the S~te Dep~ment of
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