GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

 

 

SESSION LAW 2009-349

SENATE BILL 1076

 

 

AN ACT to modify the criminal justice partnership program to allow certain community-level offenders to be served by the program.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 143B-273.4 reads as rewritten:

"§ 143B-273.4.  Eligible population.

(a)        An eligible offender is an adult offender who was convicted of a misdemeanor or a felony offense and received and:

(1)        Received a nonincarcerative sentence of a community punishment, if the Division of Community Corrections determines that the offender would benefit from program participation, based upon the results of a risk assessment;

(2)        Received a nonincarcerative sentence of an intermediate punishment punishment; or

(3)        is Is serving a term of parole or post-release supervision after serving an active sentence of imprisonment.

(b)        The priority populations for programs funded under this Article shall be offenders sentenced to intermediate punishments."

SECTION 2.  G.S. 143B-273.14(a) reads as rewritten:

"(a)       Fundable programs under this Article shall include community-based corrections programs which are operated under a county community-based corrections plan and funded by the State subsidy provided in this Article. Based on the prioritized populations in G.S. 143B-273.4, the programs may include, but are not limited to, the following:

(1)        For offenders who receive community or intermediate punishments:

a.         Residential facilities;

b.         Day reporting centers;

c.         Restitution centers;

d.         Substance abuse services;

e.         Employment services;

(2)        For offenders who are appropriate for release from jail prior to trial:

a.         Pretrial monitoring services;

b.         Pretrial electronic surveillance;

(3)        For offenders who are serving a term of post-release supervision after completing active sentences of imprisonment:

a.         Aftercare support services."

SECTION 2.1.  G.S. 143B-273.8(b) reads as rewritten:

"(b)      The Department of Correction shall report by February 1 of each year to the Chairs of the Senate and House Appropriations Committees, the Senate and House Appropriations Subcommittees on Justice and Public Safety, and the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee on the status of the Criminal Justice Partnership Program. The report shall include the following information:

(1)        The amount of funds carried over from the prior fiscal year;

(2)        The dollar amount and purpose of grants awarded to counties as discretionary grants for the current fiscal year;

(3)        Any counties the Department anticipates will submit requests for new implementation grants;

(4)        The number of counties submitting offender participation data via the electronic reporting system;

(4a)      Details of personnel, travel, contractual, operating, and equipment expenditures for each program type;

(4b)      For counties whose expenditures deviate proportionally from the average percentage expenditure for each program type, an explanation of the variance shall be included;

(5)        An analysis of offender participation data received; and

(6)        An update on efforts to ensure that all counties make use of the electronic reporting system."

SECTION 3.  This act becomes effective December 1, 2009.

In the General Assembly read three times and ratified this the 16th day of July, 2009.

 

 

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

 

 

                                                                    s/  Joe Hackney

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/  Beverly E. Perdue

                                                                         Governor

 

 

Approved 9:21 a.m. this 27th day of July, 2009