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STATE OF NORTH CAROLINA <br /> COUNTY OF ORANGE <br /> AGREEMENT FOR PARTICIPATION IN THE <br /> STATEWIDE MISDEMEANANT CONFINEMENT PROGRAM <br /> THIS AGREEMENT shall be effective the Sixteenth day of May, 2016, by and between the <br /> North Carolina Department of Public Safety and Orange County, a body politic organized and existing <br /> under the laws of the State of North Carolina(hereinafter referred to as "County") and Sheriff Charles S. <br /> Blackwood, the Sheriff of Orange County. <br /> WITNESSETH: <br /> WHEREAS, the Statewide Misdemeanant Confinement Program (hereinafter referred to as <br /> "Program") was created, pursuant to G.S. § 148-32.1(b2), to provide housing in local confinement <br /> facilities of misdemeanants serving sentences that impose periods of confinement of more than 90 days <br /> and all misdemeanor Driving While Impaired (DWI) offenses with an active sentence; and <br /> WHEREAS, all misdemeanants serving periods of confinement of more than 90 days and all <br /> misdemeanor Driving While Impaired (DWI) offenses with an active sentence, shall be committed for <br /> the term designated by the court to confinement pursuant to the Program as a matter of law pursuant to <br /> G.S. § 15A-1352; and <br /> WHEREAS, all misdemeanants found to have committed a probation violation and sentenced to <br /> a Confinement in Response to Violation (CRV) pursuant to G.S § 15A-1344(d2) whose original active <br /> sentence would have been served in the Program, will serve the CRV in the Program; and <br /> WHEREAS, pursuant to G.S. §148-32.1(b1) and (b2) and Section 7(f) of Session Law 2011-192, <br /> the Department of Public Safety has contracted with the North Carolina Sheriffs' Association, Inc. to <br /> implement the Program and to establish the terms and conditions for the operation thereof consistent <br /> with The Justice Reinvestment Act of 2011 as enacted in Session Law 2011-192, along with any <br /> 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 Department of <br /> Public Safety pursuant to G.S. § 148-32.1(b2); and <br /> WHEREAS, the Statewide Misdemeanant Confinement Fund (hereinafter referred to as "Fund"), <br /> created pursuant to G.S. § 148-10.4, shall provide reimbursement to counties for expenses incurred for <br /> housing misdemeanants under the Program, including the care, supervision, transportation and other <br /> related expenses of those misdemeanants; <br /> NOW THEREFORE, in consideration of the terms and conditions set forth herein, the parties <br /> agree as follows. <br /> Page 1 of 3 <br />