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AGREEMENT FOR PARTICIPATION IN THE <br /> STATEWIDE MISDEMEANANT CONFINEMENT PROGRAM <br /> An Executive Summary <br /> January 1, 2012 <br /> • The Agreement specifies that participation by the County and by the Sheriff will be <br /> governed by the terms and conditions of the Program as established from time to time by the <br /> North Carolina Sheriffs' Association pursuant to the Association's statutory authority to develop <br /> and implement the Program as designated in G.S. 148-32.1 (b1) and (b2) and Section T(f) of <br /> House Bill 642 enacted as Session Law 2011-192. <br /> • By drafting the Agreement to refer to the terms and conditions of the Program, and by <br /> not specifying those terms and conditions in the Agreement itself, changes can be made in the <br /> Program without the necessity of getting the Agreements between numerous counties, their <br /> sheriffs and the Department of Public Safety amended each time. This will give the Program <br /> the flexibility to adapt to changing conditions, to increase the reimbursement rates to the <br /> counties if sufficient funds are available in the Fund and to make other changes to improve the <br /> Program without the necessity of getting the numerous Agreements re-signed. <br /> • By drafting the agreement to allow the Sheriff to notify the Program in writing of the <br /> number of misdemeanants that will be accepted, and not specifying the number of <br /> misdemeanants in the Agreement, changes can be made by the County and the Sheriff to the <br /> number of misdemeanants that will be accepted without the necessity of getting the Agreement <br /> amended each time by the County, by the Sheriff and by the Department of Public Safety. <br /> • Each County and Sheriff that participates in the Program is protected from any unwanted <br /> changes in the terms and conditions of the Program because the Agreement: <br /> (1) Allows the County and the Sheriff to unilaterally change the number of <br /> misdemeanants that will be accepted from the Program; <br /> (2) Provides that any changes in the Program do not apply to misdemeanants assigned <br /> to the County prior to the date of the changes; <br /> (3) Allows the County and the Sheriff to unilaterally terminate the Agreement at any time <br /> and thereby not have to accept any new misdemeanants and thereby not have to accept <br /> any changes to the terms and conditions of the Program. <br />