Inmate Rights in North Carolina

North Carolina's prison rights landscape has two distinctive features in 2024 and 2025. First, personal mail to most NCDAC facilities is now scanned and delivered electronically to inmate tablets rather than printed and hand delivered. Second, North Carolina's Administrative Remedy Procedures are overseen by the Inmate Grievance Resolution Board (IGRB), a separate quasi independent agency within NCDAC staffed by professional Grievance Examiners and appointed by the Governor.

The North Carolina Department of Adult Correction, known as NCDAC, became a separate cabinet level agency at the start of 2023, previously having been part of the NC Department of Public Safety since 2012. Secretary Leslie Cooley Dismukes oversees approximately 14,000 employees and 54 state prison facilities housing approximately 31,000 people. Approximately 70 percent of active sentences in FY 2024 were for nonviolent offenses. North Carolina's voting rights law is among the most restrictive in this series: people convicted of felonies cannot vote while incarcerated or while on parole, probation, or post release supervision.

This guide covers rights inside North Carolina state prisons and county jails across ten domains, grounded in NCDAC policy, North Carolina General Statutes, and the current legal landscape.

Here is the short version, before we take each right apart.

Medical and mental health care are constitutionally required. Personal mail is now scanned and delivered electronically to inmate tablets for most offenders; legal mail still goes to the facility. Phone service is provided through a contracted vendor. Visitation is encouraged and can make a positive difference. Grievances follow NCDAC Policy G.0300 (Administrative Remedy Procedures) using Form DC 410, with oversight by the Inmate Grievance Resolution Board; grievance information is confidential under NC law. Disciplinary hearings carry due process protections. Solitary confinement in NC prisons is an ongoing concern: between 2021 and 2023, 14 people died in solitary confinement, and people who spent time in solitary died at more than twice the rate of those who did not. PREA protections apply. Religious practice is protected under the First Amendment and RLUIPA. ADA accommodations are required. North Carolina's felony voting law bars voting not only during incarceration but also during parole, probation, and post release supervision.

Medical and mental health care

Every person in a North Carolina state prison has a constitutional right to adequate medical and mental health care under the Eighth Amendment. NCDAC provides health care services across its 54 facilities. North Carolina's prisons face documented understaffing, with high turnover leaving facilities seriously understaffed; even some chaplain positions now depend on churches and community volunteers. Understaffing directly affects the delivery of health care services.

If your loved one is not receiving needed medical or mental health care, submit every request in writing with a date, keep copies, and file a formal grievance through the NCDAC Administrative Remedy Procedures using Form DC 410. The Inmate Grievance Resolution Board provides an additional oversight layer for unresolved concerns. Contact Disability Rights NC or the ACLU of North Carolina for systemic medical care concerns.

Mail: digital delivery to tablets

Personal mail for most NCDAC facilities is now scanned and delivered electronically to inmate tablets rather than printed and hand delivered. This is a significant change that families need to know before sending mail. The specific procedure for sending mail in this format is described on the NCDAC constituent services page at dac.nc.gov. Families should confirm current mail procedures for the specific facility, as the digital delivery system may not yet apply to every facility.

Legal mail, meaning correspondence with courts and licensed attorneys, retains constitutional protections and must be opened only in the incarcerated person's presence to check for physical contraband and cannot be read. This baseline applies across all NCDAC facilities regardless of the digital mail transition. Gift packages to offenders in NCDAC facilities are also possible; the NCDAC constituent services page provides information on the vendor approved for that purpose. InmateAid can help families confirm current mail and package procedures for the specific facility.

Phone and tablet contact

Phone calls from North Carolina state prisons are placed through a contracted vendor. NCDAC refers to this as the Offender Telephone System, with further information available through the NCDAC website. Calls are monitored and recorded except for calls to attorneys. Phone rates are subject to the FCC's prison telephone rate caps, expanded in 2024 to cover all facilities regardless of size.

Incarcerated people in North Carolina state prisons are not permitted to use the internet or social media while in prison. If you believe an incarcerated person has a social media account operating on their behalf, NCDAC's Victim Support Services can be contacted. Tablets are used for receiving scanned mail and may provide additional communication options. InmateAid can help families navigate the current phone systems for the specific NCDAC facility.

Visitation

NCDAC encourages family visitation and states that it can make a positive difference during a person's time in prison. Visitation requires approval and follows facility specific rules and schedules. Families should contact the specific facility for current visiting information. NCDAC's constituent services page at dac.nc.gov provides general visitation information.

If a visit is denied or a visitor is removed from an approved list, file a grievance through the NCDAC Administrative Remedy Procedures. County jails in North Carolina operate under their own local authority with separate visiting rules. Contact InmateAid for current facility specific visiting information.

The grievance process and the IGRB

North Carolina's grievance system has two components. The first is the internal Administrative Remedy Procedures under NCDAC Policy G.0300 (effective October 1, 2023). A person in custody must first seek assistance by talking with staff to address their problem. If unresolved, they file Form DC 410 (available on paper or electronically) and complete items 1 through 7. The form can be submitted through staff, drop boxes, electronically, or through facility mail. These procedures are available to all people in custody regardless of disciplinary status, classification, or administrative decisions. If you cannot understand the procedure or complete the form in English, ask staff for assistance. The DC 410 is also available in Spanish. Third party grievances (by family, attorneys, or advocates) are permitted for one limited type of grievance.

The second component is the Inmate Grievance Resolution Board (IGRB), established under N.C.G.S. section 148 118.6. The IGRB is a separate agency within NCDAC comprising five members of the public appointed to four year terms by the Governor. It employs an Executive Director and professional Grievance Examiners who investigate grievances. The IGRB meets quarterly to review grievance summaries and statistical data. All information relating to a grievance is confidential under North Carolina law and is not considered public information. Grievances must be exhausted through the Administrative Remedy Procedures before filing a federal civil rights lawsuit under the Prison Litigation Reform Act. Contact Disability Rights NC or the ACLU of North Carolina for systemic concerns.

Disciplinary hearings

When a person in North Carolina state custody is accused of a disciplinary infraction, they are entitled to the minimum due process protections from Wolff v. McDonnell: advance written notice of the charge, a hearing, and a written statement of the evidence and reasons for any sanction. NCDAC policy governs the disciplinary process at its facilities.

A disciplinary conviction can affect classification, housing assignment, program eligibility, visiting access, and parole consideration. People in North Carolina state prisons are not eligible for traditional parole; instead, the Post Release Supervision and Parole Commission governs release decisions. Document what happened at any disciplinary hearing, who was present, and what evidence was considered. If the hearing result appears to violate procedural requirements, file a grievance through Form DC 410 and the NCDAC Administrative Remedy Procedures.

Solitary confinement: documented harm and ongoing concern

Solitary confinement in North Carolina state prisons is a documented cause of serious harm and death. Between 2021 and 2023, 14 people died while in solitary confinement in North Carolina prisons, according to data compiled by Duke Law's Wilson Center for Science and Justice. People who spent time in solitary confinement in North Carolina prisons died at more than twice the rate of those who never experienced it. After release, the odds of returning to prison were 40 to 70 percent higher for those who had been held in solitary. Solitary is used both as discipline for prison infractions and as temporary holding before transfers, but temporary placements can stretch into weeks.

North Carolina has not yet enacted comprehensive legislation limiting solitary confinement. The ACLU of North Carolina lists ending solitary confinement as a priority. If your loved one is placed in solitary confinement in a North Carolina state prison, document the placement date, conditions (including access to natural light, time out of cell, meals), and any mental health services provided or denied. File a grievance through the NCDAC Administrative Remedy Procedures and contact Disability Rights NC or the ACLU of North Carolina.

PREA and protection from sexual abuse

The Prison Rape Elimination Act applies in all NCDAC facilities and in North Carolina county jails. Every person in custody has the right to be free from sexual abuse and sexual harassment by staff and by other incarcerated people. NCDAC must maintain PREA policies, train staff, provide a reporting mechanism, and protect people who report from retaliation.

Reports of sexual abuse or harassment can be made to facility staff, the PREA coordinator, or through external reporting options. Retaliation against someone who reports is a PREA violation and the basis of a separate complaint. Document every incident, every report made, and any change in housing or treatment that follows a report. Contact Disability Rights NC for systemic PREA compliance concerns.

Religious practice

People incarcerated in North Carolina state prisons have the right to religious practice under the First Amendment and the federal Religious Land Use and Institutionalized Persons Act. NCDAC must accommodate sincere religious beliefs and practices unless it can demonstrate a compelling security interest that cannot be addressed through less restrictive means. Religious programming and chaplaincy services are available in NCDAC facilities, though understaffing has affected availability; some chaplain positions now depend on churches and community volunteers.

Requests for specific religious accommodations, including dietary adjustments and access to religious items, go through a formal request process at the facility. A denial must rest on a genuine documented security concern. Denials can be challenged through the NCDAC Administrative Remedy Procedures (Form DC 410) and, if unresolved, in federal court under RLUIPA. Document the specific accommodation requested, the reason given for any denial, and every step taken.

ADA and disability accommodations

People with disabilities in North Carolina state prisons are protected by the Americans with Disabilities Act. NCDAC must provide reasonable accommodations for people with mobility, vision, hearing, cognitive, and other disabilities. The IGRB's ongoing review includes ADA compliance under its revised grievance policy updates, reflecting continued attention to disability access in the NCDAC grievance process. Requests for disability accommodations should be submitted in writing to the facility.

A denial or failure to respond can be challenged through Form DC 410 and the NCDAC Administrative Remedy Procedures and, if unresolved, in federal court. Contact Disability Rights NC for systemic disability access concerns at NCDAC facilities. Document every accommodation requested and every response received.

Voting rights: restricted during all supervision

North Carolina has one of the most restrictive felony voting laws in this series. Under the North Carolina Constitution, Article VI, Section 2(3), people convicted of felonies cannot vote unless their citizenship rights are restored in the manner prescribed by law. This means that a person convicted of a felony in North Carolina cannot vote while incarcerated, on parole, on probation, or on post release supervision. Voting rights are only fully restored upon completion of all supervision.

This law was challenged in Community Success Initiative v. Moore, and a trial court ruling allowed people on supervision to vote in the 2022 midterm elections. The NC Supreme Court reversed that ruling in April 2023. A federal judge ruled in April 2024 that prosecutors cannot charge people for unknowingly voting while on supervision because the underlying enforcement statute was enacted with racially discriminatory intent. As of January 1, 2024, a new NC law made it a crime to vote while serving a felony sentence only if the person knows they are not permitted to vote. The legal landscape around NC felony voting law is active, with advocacy groups continuing to challenge the disenfranchisement. People convicted of felonies in North Carolina should contact the NC State Board of Elections or Disability Rights NC to confirm their current eligibility before attempting to register.

Parole, post release supervision, and reentry

North Carolina does not use traditional discretionary parole for most people sentenced under the Structured Sentencing Act, which has governed most sentences since October 1, 1994. Most people in North Carolina state prisons serve a fixed term and are released to post release supervision, which is supervised by the Post Release Supervision and Parole Commission. People sentenced before October 1994 may still be subject to parole under the old system.

The NCDAC oversees programming and services to help people prepare for release. Reentry 2030 is a national initiative that NCDAC has joined. Duke Law School's Pro Bono Program and community legal services have partnered with NCDAC to provide assistance to people who are soon to be released. People serving a felony sentence in North Carolina, whether incarcerated, on post release supervision, or on parole, cannot vote until all supervision is completed. A disciplinary record, including time in solitary confinement, can affect release dates if it results in loss of good time credit or program assignments. Projected release dates are subject to change if someone is removed from a job or program assignment for any reason including transfer, disciplinary action, or completion of a program.

The bottom line for North Carolina

North Carolina's prison rights landscape is defined by the digital mail transition (scanned and delivered to tablets), the unique Inmate Grievance Resolution Board with professional Grievance Examiners and four year term Governor appointed members, documented death and harm data from solitary confinement, and one of the most restrictive felony voting laws in this series covering incarceration, parole, probation, and post release supervision.

The rights in this guide are real: adequate medical care under the Eighth Amendment, digital mail delivery to tablets with legal mail protection at the facility, phone access through the Offender Telephone System subject to FCC rate caps, visitation that NCDAC encourages as a positive difference, the NCDAC Administrative Remedy Procedures (Form DC 410) and the IGRB that must be exhausted before federal court with all grievance information confidential under NC law, due process in disciplinary hearings, documented harm from solitary confinement with ACLU NC working toward reform, PREA protections, religious accommodation including with chaplains supported by community volunteers, ADA access with IGRB ADA compliance review, and voting rights restored only upon completion of all felony supervision. Document everything, file every grievance, contact Disability Rights NC and the ACLU of North Carolina for systemic concerns, and stay in contact through InmateAid.