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BK 00026 PG <br />STATE OF NORTH CAROLINA <br />COUNTY OF LEE <br />AGREEMENT FOR PARTICIPATION IN THE <br />STATEWIDE MISDEMEANANT CONFINEMENT PROGRAM <br />THIS AGREEMENT shall be effective the 5th day of August, 2013, by and between <br />the North Carolina Department of Public Safety and Lee County, a body politic organized and <br />existing under the laws of the State of North Carolina (hereinafter referred to as "County ") and <br />Sheriff Tracy L. Carter, the Sheriff of Lee County. <br />WITNESSETH: <br />WHEREAS, the Statewide Misdemeanant Confinement Program (hereinafter referred to <br />as "Program ") was created, pursuant to G.S. § 148- 32.1(b2), to provide housing in local <br />confinement facilities of misdemeanants serving sentences that impose periods of confinement of <br />more than 90 days and up to 180 days, except for those sentenced for an impaired driving <br />offense; and <br />WHEREAS, all misdemeanants serving periods of confinement of more than 90 days and <br />up to 180 days, except for those serving a sentence for an impaired driving offense, shall be <br />committed for the term designated by the court to confinement pursuant to the Program as a <br />matter of law pursuant to G.S. § 15A- 1352(e); and <br />WHEREAS, pursuant to G.S. 148 -32.1 (bl) and (b2) and Section 7.(f) of Session Law <br />2011 -192, the Department of Public Safety has contracted with the North Carolina Sheriffs' <br />Association, Inc. to implement the Program and to establish the terms and conditions for the <br />operation thereof consistent with The Justice Reinvestment Act of 2011 as enacted in Session <br />Law 2011 -192, along with any subsequent amendments thereto; and <br />WHEREAS, counties, through their respective Sheriffs, can voluntarily agree to house <br />misdemeanants pursuant to the Program by entering into this written agreement with the <br />Department of Public Safety pursuant to G.S. § 148- 32.1(b2); and <br />WHEREAS, the Statewide Misdemeanant Confinement Fund (hereinafter referred to as <br />"Fund "), created pursuant to G.S. § 148 -10.4, shall provide reimbursement to counties for <br />expenses incurred for housing misdemeanants under the Program, including the care, <br />supervision, transportation and other related expenses of those misdemeanants; <br />NOW THEREFORE, in consideration of the terms and conditions set forth herein, the <br />parties agree as follows: <br />Page 1 of 3 <br />