GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H 1
HOUSE BILL 969
Short Title: Dept. of Public Safety/Tech & Other Changes. |
(Public) |
|
Sponsors: |
Representatives Randleman and Boles (Primary Sponsors). For a complete list of Sponsors, see Bill Information on the NCGA Web Site. |
|
Referred to: |
State Personnel. |
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May 17, 2012
A BILL TO BE ENTITLED
AN ACT to make technical and other changes to the general statutes regarding the department of public safety as recommended by the Joint legislative oversight Committee on Justice and public safety.
The General Assembly of North Carolina enacts:
PART I. SUBSTANTIVE CHANGES
SECTION 1. G.S. 14-202(m) reads as rewritten:
"(m) The provisions of subsections (a), (a1), (c), (e), (g), (h), and (k) of this section do not apply to:
(1) Law enforcement officers while discharging or attempting to discharge their official duties; or
(2) Personnel of the
Division of Adult Correction of the Department of Public Safety Safety,
the Division of Juvenile Justice of the Department of Public Safety, or of
a local confinement facility for security purposes or during investigation of
alleged misconduct by a person in the custody of the Division or the local
confinement facility."
SECTION 2. G.S. 15-203 reads as rewritten:
"§ 15-203. Duties of the Secretary of Public Safety; appointment of probation officers; reports; requests for extradition.
The Secretary of Public Safety Safety, or the
Secretary's designee, shall direct the work of the probation officers
appointed under this Article. Notwithstanding any other provision of law,
the Secretary of Public Safety shall have sole discretion to establish the
minimum experience requirements to receive an appointment as a probation
officer. The Office of State Personnel shall work with the Secretary to
establish position classifications for probation officers based on the
experience requirements established by the Secretary. The Secretary Secretary,
or the Secretary's designee, shall consult and cooperate with the courts
and institutions in the development of methods and procedure in the
administration of probation, and shall arrange conferences of probation
officers and judges. The Secretary shall make an annual written report with
statistical and other information to the Division of Adult Correction of the
Department of Public Safety and the Governor. The Secretary is authorized
to present to the Governor written applications for requisitions for the return
of probationers who have broken the terms of their probation, and are believed
to be in another state, and the Secretary shall follow the procedure outlined
for requests for extradition as set forth in G.S. 15A-743."
SECTION 3. G.S. 18B-500(a) reads as rewritten:
"(a) Appointment. - The Secretary of Public Safety shall appoint alcohol law-enforcement agents and other enforcement personnel. The Secretary of Public Safety may also appoint regular employees of the Department of Public Safety who are sworn law enforcement officers or regular employees of the Commission as alcohol law-enforcement agents. Alcohol law-enforcement agents shall be designated as "alcohol law-enforcement agents". Persons serving as reserve alcohol law-enforcement agents are considered employees of the Alcohol Law Enforcement Section for workers' compensation purposes while performing duties assigned or approved by the Director of Alcohol Law Enforcement Section or the Director's designee."
SECTION 4. G.S. 18B-500 is amended by adding a new subsection to read:
"(g) Shifting of Personnel From One District to Another. - The Director of the Alcohol Law Enforcement Section, under rules adopted by the Department of Public Safety may, from time to time, shift the forces from one district to another or consolidate more than one district force at any point for special purposes. Whenever an agent of the Alcohol Law Enforcement Section is transferred from one district to another for the convenience of the State or for reasons other than the request of the agent, the Department shall be responsible for transporting the household goods, furniture, and personal apparel of the agent and members of the agent's household."
SECTION 5. G.S. 20-79.5(a) reads as rewritten:
"(a) Plates. - The State government officials listed in this section are eligible for a special registration plate under G.S. 20-79.4. The plate shall bear the number designated in the following table for the position held by the official.
Position Number on Plate
Governor 1
Lieutenant Governor 2
Speaker of the House of Representatives 3
President Pro Tempore of the Senate 4
Secretary of State 5
State Auditor 6
State Treasurer 7
Superintendent of Public Instruction 8
Attorney General 9
Commissioner of Agriculture 10
Commissioner of Labor 11
Commissioner of Insurance 12
Speaker Pro Tempore of the House 13
Legislative Services Officer 14
Secretary of Administration 15
Secretary of Environment and Natural Resources 16
Secretary of Revenue 17
Secretary of Health and Human Services 18
Secretary of Commerce 19
Secretary of Public Safety 20
Secretary of Cultural Resources 21
Secretary of Public Safety
22
Secretary of Public Safety
23
Governor's
Staff
2422-29
State Budget Officer 30
State Personnel Director 31
Chair of the State Board of Education 32
President of the U.N.C. System 33
President of the Community Colleges System 34
State Board Member, Commission Member,
or State Employee Not Named in List 35-43
Alcoholic Beverage Control Commission 44-46
Assistant Commissioners of Agriculture 47-48
Deputy Secretary of State 49
Deputy State Treasurer 50
Assistant State Treasurer 51
Deputy Commissioner for the Department of Labor 52
Chief Deputy for the Department of Insurance 53
Assistant Commissioner of Insurance 54
Deputies and Assistant to the Attorney General 55-65
Board of Economic Development Nonlegislative Member 66-88
State Ports Authority Nonlegislative Member 89-96
Utilities Commission Member 97-103
State Board Member, Commission Member,
or State Employee Not Named in List 104
Post-Release Supervision and Parole Commission Member 105-107
State Board Member, Commission Member,
or State Employee Not Named in List 108-200"
SECTION 6. G.S. 20-196.3 reads as rewritten:
"§ 20-196.3. Who may hold supervisory positions over sworn members of the Patrol.
Notwithstanding any other provision of the General Statutes
of North Carolina, it shall be unlawful for any person other than the Governor
and Governor, the Secretary of Public Safety and other thanSafety,
the Chief Operating Officer of the Department of Public Safety, the Chief
Deputy Secretary for the Law Enforcement Division of the Department of Public
Safety, or a uniformed member of the North Carolina State Highway Patrol
who has met all requirements for employment within the Patrol, including but
not limited to completion of the basic Patrol school, to hold any supervisory
position over sworn members of the Patrol. If a member is assigned to
a division, section, branch, or unit other than the State Highway Patrol, then
that member shall be supervised by the head of the division, branch, or unit during
the assignment."
SECTION 7. G.S. 114-19.6(a)(1) reads as rewritten:
"(1) "Covered person" means any of the following:
a. An applicant for employment or a current employee in a position in the Division of Juvenile Justice of the Department of Public Safety who provides direct care for a client, patient, student, resident or ward of the Division.
b. A person who supervises positions in the Division of Juvenile Justice of the Department of Public Safety providing direct care for a client, patient, student, resident or ward of the Division.
c. An applicant for employment or a current employee in a position in the Department of Health and Human Services.
d. An independent contractor or an employee of an independent contractor that has contracted to provide services to the Department of Health and Human Services.
e. A person who has been approved to perform volunteer services for the Department of Health and Human Services.
f. An independent contractor or an employee of an independent contractor who has contracted with the Division of Juvenile Justice of the Department of Public Safety to provide direct care for a client, patient, student, resident, or ward of the Division.
g. A person who has been approved to perform volunteer services in or for the Division of Juvenile Justice of the Department of Public Safety to provide direct care for a client, patient, student, resident, or ward of the Division."
SECTION 8. G.S. 120C-500 is amended by adding a new subsection to read:
"(e) Notwithstanding subsection (c) of this section, the Secretary of Public Safety shall designate at least one, but no more than five, liaison personnel to lobby for legislative action for all offices, commissions, and agencies within the Department of Public Safety, as established by Article 13 of Chapter 143B."
SECTION 9. G.S. 126-5(d)(1) reads as rewritten:
"(1) Exempt Positions in Cabinet Department. - The Governor may designate a total of 100 exempt policymaking positions throughout the following departments:
a. Department
of Administration;Administration.
b. Department
of Commerce;Commerce.
c. Division
of Adult Correction of the Department of Public Safety;
d. Department
of Public Safety;Safety.
e. Department
of Cultural Resources;Resources.
f.
Department of Health and Human Services;Services.
g. Department
of Environment and Natural Resources;Resources.
h. Department
of Revenue;Revenue.
i.
Department of Transportation; andTransportation.
j.
Division of Juvenile Justice of the Department of Public Safety.
The Governor may designate exempt managerial positions in a number up to one percent (1%) of the total number of full-time positions in each cabinet department listed above in this sub-subdivision, not to exceed 30 positions in each department. Notwithstanding the provisions of this subdivision or the other requirements of this subsection, the Governor may at any time designate up to one percent (1%) of the total number of full-time positions in the Department of Public Safety, not to exceed 100 positions, as exempt managerial positions. Notwithstanding the provisions of this subdivision, or the other requirements of this subsection, the Governor may at any time increase by five the number of exempt policymaking positions at the Department of Health and Human Services, but at no time shall the total number of exempt policymaking positions exceed 105. Notwithstanding the provisions of this subdivision, or the other requirements of this subsection, the Governor may at any time increase by five the number of exempt policy-making positions at the Department of Public Safety, but at no time shall the total number of exempt policy-making positions exceed 105. The Governor shall notify the General Assembly and the State Personnel Director of the additional positions designated hereunder."
SECTION 10. G.S. 143B-600(a) reads as rewritten:
"(a) There is established the Department of Public Safety. The head of the Department of Public Safety is the Secretary of Public Safety, who shall be known as the Secretary. The Department shall consist of six divisions and an Office of External Affairs as follows:
(1) The Division of
Adult Correction, which shall consist of the former Department of Correction.
The head of the Division of Adult Correction shall be a chief deputy secretary,
who shall be responsible for prisons, community corrections, and correction
enterprises.enterprises, alcoholism and chemical dependency
treatment, offender records management, and extradition.
(2) The Division of Juvenile Justice, which shall consist of the former Department of Juvenile Justice and Delinquency Prevention. The head of the Division of Juvenile Justice shall be a chief deputy secretary, who shall be responsible for youth detention centers, court services, community programs, and youth development centers.
(3) The Division of Law Enforcement, which shall consist of the following former divisions of the Department of Crime Control and Public Safety: the State Highway Patrol, the Alcohol Law Enforcement Division, and the State Capitol Police Division. The head of the Division of Law Enforcement shall be a chief deputy secretary.
(4) The Division of Emergency Management, which shall consist of the former Division of Emergency Management of the Department of Crime Control and Public Safety and the Civil Air Patrol.
(5) The North Carolina National Guard.
(6) The Division of
Administration, the head of which shall be a chief deputy secretary
responsible for all administrative functions, including fiscal, auditing,
information technology, purchasing, human resources, training, engineering, and
facility management functions for the Department. Within the Division, there is
established a Grants Management Section, which shall consist of the Governor's
Crime Commission, the Criminal Justice Partnership Program,Commission
and the Juvenile Crime Prevention Council Fund.
(7) The Office of External Affairs, which shall be responsible for federal and State liaison activities, victim services, and public affairs."
SECTION 11. G.S. 143B-704 reads as rewritten:
"§ 143B-704. Division of Adult Correction of the Department of Public Safety - functions.
(a) The functions
of the Division of Adult Correction of the Department of Public Safety shall comprise
comprise, except as otherwise expressly provided by the Executive
Organization Act of 1973 or by the Constitution of North Carolina Carolina,
all functions of the executive branch of the State in relation to
corrections and the rehabilitation of adult offenders, including detention,
parole, and aftercare supervision, and further including those prescribed
powers, duties, and functions enumerated in Article 14 of Chapter 143A of the
General Statutes and other laws of this State.
(b) All such functions, powers, duties, and obligations heretofore vested in the Department of Social Rehabilitation and Control and any agency enumerated in Article 14 of Chapter 143A of the General Statutes and laws of this State are hereby transferred to and vested in the Division of Adult Correction of the Department of Public Safety except as otherwise provided by the Executive Organization Act of 1973. They shall include, by way of extension and not of limitation, the functions of:
(1) The State Department of Correction and Commission of Correction,
(2) Repealed by Session Laws 1999-423, s. 8, effective July 1, 1999.
(3) The State Probation Commission,
(4) The State Board of Paroles,
(5) The Interstate Agreement on Detainers, and
(6) The Uniform Act for Out-of-State Parolee Supervision.
(c) The
Section of Community Corrections of the Division of Adult Correction shall
establish rules for intensive supervision consistent with the requirements
specified in G.S. 15A-1340.11(5).
(d) The
Department shall establish a Substance Abuse Program. This Program shall
include an intensive term of inpatient treatment, normally four to six weeks,
for alcohol or drug addiction in independent, residential facilities for
approximately 100 offenders per facility.
The Division shall establish an alcoholism and chemical dependency treatment program. The program shall consist of a continuum of treatment and intervention services for male and female inmates, established in medium and minimum custody prison facilities, and for male and female probationers and parolees, established in community-based residential treatment facilities.
(e) The Department, in consultation with the Domestic Violence Commission, and in accordance with established best practices, shall establish a domestic violence treatment program for offenders sentenced to a term of imprisonment in the custody of the Department and whose official record includes a finding by the court that the offender committed acts of domestic violence.
The Department shall ensure that inmates, whose record includes a finding by the court that the offender committed acts of domestic violence, complete a domestic violence treatment program prior to the completion of the period of incarceration, unless other requirements, deemed critical by the Department, prevent program completion. In the event an inmate does not complete the program during the period of incarceration, the Department shall document, in the inmate's official record, specific reasons why that particular inmate did not or was not able to complete the program."
SECTION 12. G.S. 143B-705 reads as rewritten:
"§ 143B-705.
Division of Adult Correction of the Department of Public Safety - Substance
Abuse Program.Alcoholism and Chemical Dependency Treatment Program.
(a) The Substance
Abuse Program established by subsection (d) of §G.S. 143B-704
shall be offered in a correctional facility,facilities, or
a portion of a correctional facility facilities that is
are self-contained, so that the residential and program space is
separate from any other programs or inmate housing, and shall be operational by
January 1, 1988, at such unitthose facilities as the Secretary
or the Secretary's designee may designate.
(b) An Assistant
Secretary for Substance AbuseA Section Chief for the Alcoholism and
Chemical Dependency Treatment Program shall be employed and shall report
directly to the Office of the Secretary of Public Safety.a deputy
director for the Division of Adult Correction as designated by the Chief Deputy
Secretary for the Division of Adult Correction. The duties of the Assistant
SecretarySection Chief and staff shall include the following:
(1) Administer and
coordinate all substance abuse programs, grants, contracts, and related
functions in the Division of Adult Correction of the Department of Public Safety;Safety.
(2) Develop and
maintain working relationships and agreements with agencies and organizations
that will assist in developing and operating a Substance Abuse Programalcoholism
and chemical dependency treatment and recovery programs in the Division of
Adult Correction of the Department of Public Safety;Safety.
(3) Develop and
coordinate the use of volunteers in the Substance Abuse Program;Program.
(4) Develop and
present training programs related to substance abuse alcoholism and
chemical dependency for employees and others at all levels in the agency;agency.
(5) Develop programs
that provide effective treatment for inmates, probationers, and parolees with substance
abuse problems;alcohol and chemical dependency problems.
(6) Maintain contact
with key leaders in the substance abuse fieldalcoholism and chemical
dependency field, the service structure of various community recovery programs,
and active supporters of the Correction Program;Program.
(7) Supervise
directly the directors of treatment units, facility and district
program managers, other specialized personnel, and programs that exist or
may be developed in the Division of Adult Correction of the Department of
Public Safety; andSafety.
(8) Develop
employee assistance programs for employees with substance abuse problems.
(c) In the uniteach
prison that houses an alcoholism and chemical dependency program, there shall
be a unit superintendent under the Section of Prisons of the Division of Adult
Correction and other custodial, administrative, and support staff as required for
a medium custody facility for approximately 100 inmates.to maintain the
proper custody level at the facility. The unit superintendent shall be
responsible for all matters pertaining to custody and administration of the
unit. The Assistant Secretary shall designate an employee to administer the
inpatient treatment program under the direction of the Assistant Secretary for
Substance Abuse. The Section Chief of the Alcoholism and Chemical
Dependency Treatment Program shall designate and direct employees to manage
treatment programs at each location. Duties of unit treatment program managers
shall include program development and implementation, supervision of personnel
assigned to treatment programs, adherence to all pertinent policy and
procedural requirements of the Department, and other duties as assigned.
(d) Extensive use
may be made of inmates working in the role of ancillary staff, peer
counselors,treatment assistants, role models, or study group
leaders as the program manager determines. Additional resource people who may
be required for specialized treatment activities, presentations, or group work
may be employed on a fee or contractual basis.
(e) Admission priorities shall be established as follows:
(1) Evaluation and referral from reception and diagnostic centers.
(2) General staff referral.
(3) Self-referral.
(f) The Program shall include extensive follow-up after the period of intensive treatment. There will be specific plans for each departing inmate for follow-up, including active involvement with Alcoholics Anonymous, community resources, and personal sponsorship."
SECTION 13. G.S. 143B-710 reads as rewritten:
"§ 143B-710. Division of Adult Correction of the Department of Public Safety - head.
The Secretary of Public Safety shall appoint a chief deputy secretary to be the head of the Division."
SECTION 14. G.S. 143B-806 reads as rewritten:
"§ 143B-806. Duties and powers of the Division of Juvenile Justice of the Department of Public Safety.
(a) The head of the
Division is the Secretary. a Chief Deputy Secretary appointed by the
Secretary of Public Safety. The Secretary Chief Deputy Secretary shall
have the powers and duties conferred by this Chapter, delegated by the Secretary
of Public Safety or the Governor, and conferred by the Constitution and
laws of this State. The Secretary of Public Safety shall be responsible
for effectively and efficiently organizing the Division to promote the policy
of the State as set forth in this Part and to promote public safety and to
prevent the commission of delinquent acts by juveniles.
(b) The Secretary
Chief Deputy Secretary shall have the following powers and duties:
(1) Give leadership to the implementation as appropriate of State policy that requires that youth development centers be phased out as populations diminish.
(2) Close a State youth development center when its operation is no longer justified and transfer State funds appropriated for the operation of that youth development center to fund community-based programs, to purchase care or services for predelinquents, delinquents, or status offenders in community-based or other appropriate programs, or to improve the efficiency of existing youth development centers, after consultation with the Joint Legislative Commission on Governmental Operations.
(3) Administer a sound admission or intake program for juvenile facilities, including the requirement of a careful evaluation of the needs of each juvenile prior to acceptance and placement.
(4) Operate juvenile facilities and implement programs that meet the needs of juveniles receiving services and that assist them to become productive, responsible citizens.
(5) Adopt rules to implement this Part and the responsibilities of the Secretary and the Division under Chapter 7B of the General Statutes. The Secretary may adopt rules applicable to local human services agencies providing juvenile court and delinquency prevention services for the purpose of program evaluation, fiscal audits, and collection of third-party payments.
(6) Ensure a statewide and uniform system of juvenile intake, protective supervision, probation, and post-release supervision services in all district court districts of the State. The system shall provide appropriate, adequate, and uniform services to all juveniles who are alleged or found to be undisciplined or delinquent.
(7) Establish procedures for substance abuse testing for juveniles adjudicated delinquent for substance abuse offenses.
(8) Plan, develop, and coordinate comprehensive multidisciplinary services and programs statewide for the prevention of juvenile delinquency, early intervention, and rehabilitation of juveniles.
(9) Develop standards, approve yearly program evaluations, and make recommendations based on the evaluations to the General Assembly concerning continuation funding.
(10) Collect expense data for every program operated and contracted by the Division.
(11) Develop a formula for funding, on a matching basis, juvenile court and delinquency prevention services as provided for in this Part. This formula shall be based upon the county's or counties' relative ability to fund community-based programs for juveniles.
Local governments receiving State matching funds for programs under this Part must maintain the same overall level of effort that existed at the time of the filing of the county assessment of juvenile needs with the Division.
(12) Assist local governments and private service agencies in the development of juvenile court services and delinquency prevention services and provide information on the availability of potential funding sources and assistance in making application for needed funding.
(13) Develop and administer a comprehensive juvenile justice information system to collect data and information about delinquent juveniles for the purpose of developing treatment and intervention plans and allowing reliable assessment and evaluation of the effectiveness of rehabilitative and preventive services provided to delinquent juveniles.
(14) Coordinate State-level services in relation to delinquency prevention and juvenile court services so that any citizen may go to one place in State government to receive information about available juvenile services.
(15) Appoint the chief court
counselor in each district upon the recommendation of the chief district
court judge of that district.
(16) Develop a statewide plan for training and professional development of chief court counselors, court counselors, and other personnel responsible for the care, supervision, and treatment of juveniles. The plan shall include attendance at appropriate professional meetings and opportunities for educational leave for academic study.
(17) Study issues related to qualifications, salary ranges, appointment of personnel on a merit basis, including chief court counselors, court counselors, secretaries, and other appropriate personnel, at the State and district levels in order to adopt appropriate policies and procedures governing personnel.
(18) Set, in consultation with the Office of State Personnel, the salary supplement paid to teachers, instructional support personnel, and school-based administrators who are employed at juvenile facilities and are licensed by the State Board of Education. The salary supplement shall be at least five percent (5%), but not more than the percentage supplement they would receive if they were employed in the local school administrative unit where the job site is located. These salary supplements shall not be paid to central office staff. Nothing in this subdivision shall be construed to include "merit pay" under the term "salary supplement".
(19) Designate persons, as necessary, as State juvenile justice officers, to provide for the care and supervision of juveniles placed in the physical custody of the Division.
(c) Except as
otherwise specifically provided in this Part and in Article 1 of this Chapter,
the Secretary of Public Safety shall prescribe the functions, powers,
duties, and obligations of every agency or division section in
the Division.
(d) Where Division statistics indicate the presence of minority youth in juvenile facilities disproportionate to their presence in the general population, the Division shall develop and recommend appropriate strategies designed to ensure fair and equal treatment in the juvenile justice system.
(e) The Division may provide consulting services and technical assistance to courts, law enforcement agencies, and other agencies, local governments, and public and private organizations. The Division may develop or assist Juvenile Crime Prevention Councils in developing community needs, assessments, and programs relating to the prevention and treatment of delinquent and undisciplined behavior.
(f) The Division shall develop a cost-benefit model for each State-funded program. Program commitment and recidivism rates shall be components of the model."
SECTION 15. G.S. 143B-840(a) reads as rewritten:
"(a) The Division
shall develop and implement the a comprehensive juvenile
delinquency and substance abuse prevention plan developed by the Office of
Juvenile Justice and shall coordinate with County Councils for
implementation of a continuum of services and programs at the community level.
The Division shall ensure that localities are informed about best practices in juvenile delinquency and substance abuse prevention."
SECTION 16. Section 19.1(hhh2) of S.L. 2011-145 is repealed.
PART II. TECHNICAL CHANGES
SECTION 17. G.S. 7A-474.3(c)(4) reads as rewritten:
"(4) To provide legal
assistance to any prisoner within the North Carolina Division of Adult
Correction of the Department of Public Safety with regard to the terms of that
person's incarceration; or".
SECTION 18. G.S. 7A-474.18(c)(2) reads as rewritten:
"(2) To provide legal
assistance to any prisoner within the North Carolina Division of Adult
Correction of the Department of Public Safety with regard to the terms of that
person's incarceration."
SECTION 19. G.S. 7B-3000(e1) reads as rewritten:
"(e1) When a person is subject to probation supervision under Article 82 of Chapter 15A of the General Statutes, for an offense that was committed while the person was less than 25 years of age, that person's juvenile record of an adjudication of delinquency for an offense that would be a felony if committed by an adult may be examined without a court order by the probation officer in the Section of Community Corrections of the Division of Adult Correction assigned to supervise the person for the purpose of assessing risk related to supervision.
Each judicial district manager in the Section of Community
Corrections of the Division of Adult Correction shall designate a Division staff
person in each county to obtain from the clerk, at the request of the probation
officer assigned to supervise the person, any juvenile records authorized to be
examined under this subsection. The judicial district manager shall inform the
clerk in each county, in writing, of the designated staff person in the county.
The designated staff person shall transfer any juvenile records obtained to the
probation officer assigned to supervise the person.
Any copies of juvenile records obtained pursuant to this subsection shall continue to be withheld from public inspection and shall not become part of the public record in any criminal proceeding. Any copies of juvenile records shall be destroyed within 30 days of termination of the person's period of probation supervision. Any other information in the Section of Community Corrections of the Division of Adult Correction records, relating to a person's juvenile record, shall remain confidential and shall be maintained or destroyed pursuant to guidelines established by the Department of Cultural Resources for the maintenance and destruction of Section of Community Corrections of the Division of Adult Correction records."
SECTION 20. G.S. 13-1(1) reads as rewritten:
"§ 13-1. Restoration of citizenship.
Any person convicted of a crime, whereby the rights of citizenship are forfeited, shall have such rights automatically restored upon the occurrence of any one of the following conditions:
(1) The
unconditional discharge of an inmate by the State Division of Adult
Correction of the Department of Public Safety or the North Carolina Division of
Adult Correction of the Department of Public Safety, of a probationer by the
State Division of Adult Correction of the Department of Public Safety, inmate,
of a probationer, or of a parolee by the Division of Adult Correction of
the Department of Public Safety; or of a defendant under a suspended sentence
by the court.
…."
SECTION 21. G.S. 14-258.3 reads as rewritten:
"§ 14-258.3. Taking of hostage, etc., by prisoner.
Any prisoner in the custody of the Division of Adult
Correction of the Department of Public Safety, including persons in the custody
of the Division of Adult Correction of the Department of Public Safety pending
trial or appellate review or for presentence diagnostic evaluation, or any
prisoner in the custody of any local confinement facility (as defined in
G.S. 153A-217), or any person in the custody of any local confinement
facility (as defined in G.S. 153A-217) pending trial or appellate review
or for any lawful purpose, who by threats, coercion, intimidation or physical
force takes, holds, or carries away any person, as hostage or otherwise, shall
be punished as a Class F felon. The provisions of this section apply to: (i)
violations committed by any prisoner in the custody of the Division of Adult
Correction of the Department of Public Safety, whether inside or outside of the
facilities of the North Carolina Division of Adult Correction of the
Department of Public Safety; (ii) violations committed by any prisoner or by
any other person lawfully under the custody of any local confinement facility
(as defined in G.S. 153A-217), whether inside or outside the local
confinement facilities (as defined in G.S. 153A-217)."
SECTION 22. G.S. 15-6.1 reads as rewritten:
"§ 15-6.1. Changing place of confinement of prisoner committing offense.
In all cases where a defendant has been convicted in a court
inferior to the superior court and sentenced to a term in the county jail or to
serve in some county institution other than under the supervision of the State
Division of Adult Correction of the Department of Public Safety, and such
defendant is subsequently brought before such court for an offense committed
prior to the expiration of the term to be served in such county institution,
upon conviction, plea of guilty or nolo contendere, the judge shall have the
power and authority to change the place of confinement of the prisoner and
commit such defendant to work under the supervision of the State Division
of Adult Correction of the Department of Public Safety. This provision shall
apply whether or not the terms of the new sentence are to run concurrently with
or consecutive to the remaining portion of the old sentence."
SECTION 23. G.S. 15-10.1 reads as rewritten:
"§ 15-10.1. Detainer; purpose; manner of use.
Any person confined in the State prison system of
North Carolina, subject to the authority and control of the State Division
of Adult Correction of the Department of Public Safety, or any person confined
in any other prison of North Carolina, may be held to account for any other
charge pending against him only upon a written order from the clerk or judge of
the court in which the charge originated upon a case regularly docketed,
directing that such person be held to answer the charge pending in such court;
and in no event shall the prison authorities hold any person to answer any
charge upon a warrant or notice when the charge has not been regularly docketed
in the court in which the warrant or charge has been issued: Provided, that
this section shall not apply to any State agency exercising supervision over
such person or prisoner by virtue of a judgment, order of court or statutory
authority."
SECTION 24. G.S. 15-196.3 reads as rewritten:
"§ 15-196.3. Effect of credit.
Time creditable under this section shall reduce the minimum
and maximum term of a sentence; and, irrespective of sentence, shall reduce the
time required to attain privileges made available to inmates in the custody of
the State Division of Adult Correction of the Department of Public
Safety which are dependent, in whole or in part, upon the passage of a specific
length of time in custody, including parole or post-release supervision
consideration by the Post-Release Supervision and Parole Commission. However,
nothing in this section shall be construed as requiring an automatic award of
privileges by virtue of the passage of time."
SECTION 25. G.S. 15-204 reads as rewritten:
"§ 15-204. Assignment, compensation and oath of probation officers.
Probation officers appointed under this Article shall be assigned
to serve in such courts or districts or otherwise as the Secretary of Public
Safety may determine. They shall be paid annual salaries to be fixed by the
Division of Adult Correction of the Department of Public Safety, and shall
also be paid traveling and other necessary expenses incurred in the performance
of their official duties as probation officers when such expense accounts have
been authorized and approved by the Secretary of Public Safety.
Each person appointed as a probation officer shall take an oath of office before the judge of the court or courts in which he is to serve, which oath shall be as follows:
"I, __________, do solemnly and sincerely swear that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain, and defend the Constitution of said State, not inconsistent with the Constitution of the United States, to the best of my knowledge and ability; so help me God," and shall be noted of record by the clerk of the court."
SECTION 26. G.S. 15-206 reads as rewritten:
"§ 15-206. Cooperation with Division of Adult Correction of the Department of Public Safety and officials of local units.
It shall be the duty of the Secretary of Public Safety and
the Division of Adult Correction of the Department of Public Safety to
cooperate with each other to the end that the purposes of probation and parole
may be more effectively carried out. When requested, each shall make available
to the other case records in his possession, and in cases of emergency, where
time and expense can be saved, shall provide investigation service.
It is hereby made the duty of every city, county, or State
official or department to render all assistance and cooperation within his
or its the official's or the Department's fundamental power which
may further the objects of this Article. The State Division of Adult
Correction of the Department of Public Safety, the Secretary of Public Safety,
and the probation officers are authorized to seek the cooperation of such
officials and departments, and especially of the county superintendents of
social services and of the Department of Health and Human Services."
SECTION 27. G.S. 15A-544.3(b)(9) reads as rewritten:
"(9) The following notice:
"TO THE DEFENDANT AND EACH SURETY NAMED ABOVE: The defendant named above
has failed to appear as required before the court in the case identified above.
A forfeiture for the amount of the bail bond shown above was entered in favor
of the State against the defendant and each surety named above on the date of
forfeiture shown above. This forfeiture will be set aside if, on or before the
final judgment date shown above, satisfactory evidence is presented to the
court that one of the following events has occurred: (i) the defendant's
failure to appear has been stricken by the court in which the defendant was
required to appear and any order for arrest that was issued for that failure to
appear is recalled, (ii) all charges for which the defendant was bonded to
appear have been finally disposed by the court other than by the State's taking
a voluntary dismissal with leave, (iii) the defendant has been surrendered by a
surety or bail agent to a sheriff of this State as provided by law, (iv) the
defendant has been served with an Order for Arrest for the Failure to Appear on
the criminal charge in the case in question as evidenced by a copy of an
official court record, including an electronic record, (v) the defendant died
before or within the period between the forfeiture and the final judgment as
demonstrated by the presentation of a death certificate, (vi) the defendant was
incarcerated in a unit of the North Carolina Division of Adult
Correction of the Department of Public Safety and is serving a sentence or in a
unit of the Federal Bureau of Prisons located within the borders of the State
at the time of the failure to appear as evidenced by a copy of an official
court record or a copy of a document from the Division of Adult Correction of
the Department of Public Safety or Federal Bureau of Prisons, or (vii) the
defendant was incarcerated in a local, state, or federal detention center,
jail, or prison located anywhere within the borders of the United States at the
time of the failure to appear, and the district attorney for the county in
which the charges are pending was notified of the defendant's incarceration
while the defendant was still incarcerated and the defendant remains incarcerated
for a period of 10 days following the district attorney's receipt of notice, as
evidenced by a copy of the written notice served on the district attorney via
hand delivery or certified mail and written documentation of date upon which
the defendant was released from incarceration, if the defendant was released
prior to the time the motion to set aside was filed. The forfeiture will not be
set aside for any other reason. If this forfeiture is not set aside on or
before the final judgment date shown above, and if no motion to set it aside is
pending on that date, the forfeiture will become a final judgment on that date.
The final judgment will be enforceable by execution against the defendant and
any accommodation bondsman and professional bondsman on the bond. The final
judgment will also be reported to the Department of Insurance. Further, no
surety will be allowed to execute any bail bond in the above county until the
final judgment is satisfied in full."
SECTION 28. G.S. 15A-544.5(b)(6) reads as rewritten:
"(6) The defendant was
incarcerated in a unit of the North Carolina Division of Adult
Correction of the Department of Public Safety and is serving a sentence or in a
unit of the Federal Bureau of Prisons located within the borders of the State
at the time of the failure to appear as evidenced by a copy of an official
court record or a copy of a document from the Division of Adult Correction of
the Department of Public Safety or Federal Bureau of Prisons, including an
electronic record."
SECTION 29. G.S. 15A-821(a) reads as rewritten:
"(a) If a judge of a
court of general jurisdiction in any other state, which by its laws has made
provision for commanding a prisoner within that state to attend and testify in
this State, certifies under the seal of that court that there is a criminal
prosecution pending in the court or that a grand jury investigation has
commenced, and that a person confined in an institution under the control of
the State Division of Adult Correction of the Department of Public
Safety of North Carolina, other than a person confined as criminally insane, is
a material witness in the prosecution or investigation and that his presence is
required for a specified number of days, upon presentment of the certificate to
a superior court judge in the superior court district or set of districts as
defined in G.S. 7A-41.1 where the person is confined, upon notice to the
Attorney General, the judge must fix a time and place for a hearing and order
the person having custody of the prisoner to produce him at the hearing."
SECTION 30. G.S. 15A-1344(c) reads as rewritten:
"(c) Procedure on
Altering or Revoking Probation; Returning Probationer to District Where
Sentenced. - When a judge reduces, terminates, extends, modifies, or revokes
probation outside the county where the judgment was entered, the clerk must
send a copy of the order and any other records to the court where probation was
originally imposed. A court on its own motion may return the probationer to the
district court district as defined in G.S. 7A-133 or superior court
district or set of districts as defined in G.S. 7A-41.1, as the case may
be, where probation was imposed or where the probationer resides for reduction,
termination, continuation, extension, modification, or revocation of probation.
In cases where the probation is revoked in a county other than the county of
original conviction the clerk in that county must issue a commitment order and
must file the order revoking probation and the commitment order, which will
constitute sufficient permanent record of the proceeding in that court, and
must send a certified copy of the order revoking probation, the commitment
order, and all other records pertaining thereto to the county of original
conviction to be filed with the original records. The clerk in the county other
than the county of original conviction must issue the formal commitment to the North
Carolina Division of Adult Correction of the Department of Public
Safety."
SECTION 31. G.S. 17C-3(a) reads as rewritten:
"(a) There is
established the North Carolina Criminal Justice Education and Training
Standards Commission, hereinafter called "the Commission." The
Commission shall be composed of 33 31 members as follows:
(1) Police Chiefs. - Three police chiefs selected by the North Carolina Association of Chiefs of Police and one police chief appointed by the Governor.
(2) Police Officers. - Three police officials appointed by the North Carolina Police Executives Association and two criminal justice officers certified by the Commission as selected by the North Carolina Law-Enforcement Officers' Association.
(3) Departments. - The Attorney General of the State of North Carolina; the Secretary of Public Safety; the President of the North Carolina Community Colleges System.
(3a) Repealed by Session Laws 2001-490, s. 1.2, effective June 30, 2001.
(4) At-large Groups. - One individual representing and appointed by each of the following organizations: one mayor selected by the League of Municipalities; one law-enforcement training officer selected by the North Carolina Law-Enforcement Training Officers' Association; one criminal justice professional selected by the North Carolina Criminal Justice Association; one sworn law-enforcement officer selected by the North State Law-Enforcement Officers' Association; one member selected by the North Carolina Law-Enforcement Women's Association; and one District Attorney selected by the North Carolina Association of District Attorneys.
(5) Citizens and Others. - The President of The University of North Carolina; the Dean of the School of Government at the University of North Carolina at Chapel Hill; and two citizens, one of whom shall be selected by the Governor and one of whom shall be selected by the Attorney General. The General Assembly shall appoint four persons, two upon the recommendation of the Speaker of the House of Representatives and two upon the recommendation of the President Pro Tempore of the Senate. Appointments by the General Assembly shall be made in accordance with G.S. 120-122. Appointments by the General Assembly shall be for two-year terms to conclude on June 30th in odd-numbered years.
(6) Correctional Officers. - Four correctional officers in management positions employed by the Division of Adult Correction of the Department of Public Safety shall be appointed, two from the Section of Community Corrections of the Division of Adult Correction upon the recommendation of the Speaker of the House of Representatives and two from the Section of Prisons of the Division of Adult Correction upon the recommendation of the President Pro Tempore of the Senate. Appointments by the General Assembly shall be made in accordance with G.S. 120-122. Appointments by the General Assembly shall serve two-year terms to conclude on June 30th in odd-numbered years. The Governor shall appoint one correctional officer employed by the Division of Adult Correction of the Department of Public Safety and assigned to the Office of Staff Development and Training. The Governor's appointment shall serve a three-year term."
SECTION 32. G.S. 20-189 reads as rewritten:
"§ 20-189. Patrolmen assigned to Governor's office.
The Secretary of Public Safety, at the request of the
Governor, shall assign and attach two members of the State Highway Patrol to
the office of the Governor, there to be assigned such duties and perform such
services as the Governor may direct. The salary of the State highway
patrolmenHighway Patrol members so assigned to the office of the
Governor shall be paid from appropriations made to the office of the Governor
and shall be fixed in an amount to be determined by the Governor."
SECTION 33. G.S. 20-192 reads as rewritten:
"§ 20-192. Shifting
of patrolmen personnel from one district to another.
The commanding officer of the State Highway Patrol under such
rules and regulations as the Department of Public Safety may prescribe shall
have authority from time to time to shift the forces from one district to
another, or to consolidate more than one district force at any point for
special purposes. Whenever a member of the State Highway Patrol is transferred
from one point to another for the convenience of the State or otherwise than
upon the request of the patrolman, Highway Patrol member, the
Department shall be responsible for transporting the household goods, furniture
and personal apparel of the patrolman Highway Patrol member and
members of his the Highway Patrol member's household."
SECTION 34. G.S. 65-4 reads as rewritten:
"§ 65-4. State Division of Adult Correction of the Department of Public Safety to furnish labor.
The State Division of Adult Correction of the
Department of Public Safety is hereby authorized and directed to furnish at
such time, or times, as may be convenient, such prisoner's labor as may be
available, to properly care for the Confederate Cemetery situated in the City
of Raleigh, such services to be rendered by the State's prisoners without
compensation."
SECTION 35. G.S. 66-58(b)(15) reads as rewritten:
"(15) The State Division of
Adult Correction of the Department of Public Safety is authorized to purchase
and install automobile license tag plant equipment for the purpose of
manufacturing license tags for the State and local governments and for such
other purposes as the Division may direct.
The Commissioner of Motor Vehicles,
or such other authority as may exercise the authority to purchase automobile
license tags is hereby directed to purchase from, and to contract with, the State
Division of Adult Correction of the Department of Public Safety for the
State automobile license tag requirements from year to year.
The price to be paid to the State
Division of Adult Correction of the Department of Public Safety for the
tags shall be fixed and agreed upon by the Governor, the State Division of
Adult Correction of the Department of Public Safety, and the Motor Vehicle
Commissioner, or such authority as may be authorized to purchase the
supplies."
SECTION 36. G.S. 97-13(c) reads as rewritten:
"(c) Prisoners. -
This Article shall not apply to prisoners being worked by the State or any
subdivision thereof, except to the following extent: Whenever any prisoner
assigned to the State Division of Adult Correction of the Department of
Public Safety shall suffer accidental injury or accidental death arising out of
and in the course of the employment to which he had been assigned, if there be
death or if the results of such injury continue until after the date of the lawful
discharge of such prisoner to such an extent as to amount to a disability as
defined in this Article, then such discharged prisoner or the dependents or
next of kin of such discharged prisoner may have the benefit of this Article by
applying to the Industrial Commission as any other employee; provided, such
application is made within 12 months from the date of the discharge; and
provided further that the maximum compensation to any prisoner or to the
dependents or next of kin of any deceased prisoner shall not exceed thirty
dollars ($30.00) per week and the period of compensation shall relate to the
date of his discharge rather than the date of the accident. If any person who
has been awarded compensation under the provisions of this subsection shall be
recommitted to prison upon conviction of an offense committed subsequent to the
award, such compensation shall immediately cease. Any awards made under the
terms of this subsection shall be paid by the State Division of Adult
Correction of the Department of Public Safety from the funds available for
the operation of the Division of Adult Correction of the Department of Public
Safety. The provisions of G.S. 97-10.1 and 97-10.2 shall apply to
prisoners and discharged prisoners entitled to compensation under this
subsection and to the State in the same manner as said section applies to
employees and employers."
SECTION 37. G.S. 105-259(b)(15) reads as rewritten:
"(15) To exchange information concerning a tax imposed by Articles 2A, 2C, or 2D of this Chapter with one of the following agencies when the information is needed to fulfill a duty imposed on the Department or the agency:
a. The North Carolina Alcoholic Beverage Control Commission.
b. The Alcohol Law Enforcement Section of the Department of Public Safety.
c. The Bureau
of Alcohol, Tobacco, and Firearms of the United States Treasury Department.Department
of Justice.
d. Law enforcement agencies.
e. The Section of Community Corrections of the Division of Adult Correction of the Department of Public Safety."
SECTION 38. G.S. 114-10.1(b) reads as rewritten:
"(b) The Attorney General
is authorized to cooperate with the Division of Motor Vehicles, Department of
Administration, Division of Adult Correction of the Department of Public
Safety Safety, and other State, local and federal agencies and
organizations in carrying out the purpose and intent of this section, and to
utilize, in cooperation with other State agencies and to the extent as may be
practical, computers and related equipment as may be operated by other State
agencies."
SECTION 39. G.S. 114-14 reads as rewritten:
"§ 114-14. General powers and duties of Director and assistants.
The Director of the Bureau and his assistants are given the
same power of arrest as is now vested in the sheriffs of the several counties,
and their jurisdiction shall be statewide. The Director of the Bureau and his
assistants shall, at the request of the Governor, give assistance to sheriffs,
police officers, district attorneys, and judges when called upon by them and so
directed. They shall also give assistance, when requested, to the office of
the Division of Adult Correction of the Department of Public Safety in the
investigation of cases pending before the parole office and of complaints
lodged against parolees, when so directed by the Governor."
SECTION 40. G.S. 115C-108.1(d) reads as rewritten:
"(d) The Departments of
Health and Human Services, Correction, and Juvenile Justice and Delinquency
Prevention shall submit to the Board their plans for the education of children
with disabilities in their care, custody, or control. The Board may grant
specific exemptions for programs administered by the Department of Health and
Human Services, the Division of Juvenile Justice of the Department of Public
Safety, or the Division of Adult Correction of the Department of Public Safety
when compliance by them with the Board's standards would, in the Board's
judgment, impose undue hardship on that department or division and when
other procedural due process requirements, substantially equivalent to those
required under this Article and IDEA, are assured in programs of special
education and related services furnished to children with disabilities served
by that department. Further, the Board shall recognize that inpatient and
residential special education programs within the Departments of Health and
Human Services, Correction, and Juvenile Justice and Delinquency Prevention the
Division of Juvenile Justice of the Department of Public Safety, or the
Division of Adult Correction of the Department of Public Safety may require
more program resources than those necessary for optimal operation of these
programs in local school administrative units."
SECTION 41. G.S. 115C-108.1(e) reads as rewritten:
"(e) The Board shall
support and encourage joint and collaborative special education planning and
programming at local levels to include local school administrative units and
the programs and agencies of the Departments of Health and Human Services, Correction,
and Juvenile Justice and Delinquency Prevention.the Division of Juvenile
Justice of the Department of Public Safety, or the Division of Adult Correction
of the Department of Public Safety."
SECTION 42. G.S. 115C-325(p) reads as rewritten:
"(p) Section Applicable to
Certain Institutions. - Notwithstanding any law or regulation to the contrary,
this section shall apply to all persons employed in teaching and related
educational classes in the schools and institutions of the Departments of
Health and Human Services, Public Instruction, Correction, or Juvenile
Justice and Delinquency Prevention the Division of Juvenile Justice of
the Department of Public Safety, or the Division of Adult Correction of the
Department of Public Safety, regardless of the age of the students."
SECTION 43. G.S. 115D-5(b)(2) reads as rewritten:
"(2) Courses requested by the following entities that support the organizations' training needs and are on a specialized course list approved by the State Board of Community Colleges:
a. Volunteer fire departments.
b. Municipal, county, or State fire departments.
c. Volunteer EMS or rescue and lifesaving departments.
d. Municipal, county, or State EMS or rescue and lifesaving departments.
e. Radio Emergency Associated Communications Teams (REACT) under contract to a county as an emergency response agency.
(v) (vi) municipal county, or State law-enforcement officers
f. Municipal, county, or State law enforcement agencies.
g. The
Division of Adult Correction of the Department of Public Safety for the
training of full-time custodial employees and employees of the Division's
Section of Community Corrections of the Division of Adult Correction required
to be certified under Chapter 17C of the General Statutes and the rules of the
Criminal Justice and Training Standards Commission.
h. The Division of Juvenile Justice of the Department of Public Safety for the training of employees required to be certified under Chapter 17C of the General Statutes and the rules of the Criminal Justice and Training Standards Commission."
SECTION 44. G.S. 120-12.1 reads as rewritten:
"§ 120-12.1. Reports on vacant positions in the Judicial Department and three other departments.
The Judicial Department, the Division of Adult Correction
of the Department of Public Safety, the Department of Justice, and the
Department of Public Safety shall each report by February 1 of each year to the
Chairs of the House and Senate Appropriations Committees and the Chairs of the
House and Senate Appropriations Subcommittees on Justice and Public Safety on
all positions within that department that have remained vacant for 12 months or
more. The report shall include the original position vacancy dates, the dates
of any postings or repostings of the positions, and an explanation for the
length of the vacancies."
SECTION 45. G.S. 122C-115.4(g)(1) reads as rewritten:
"(1) Each LME to have at
least one trained care coordination person on staff to serve as the point of
contact for TRICARE, the North Carolina National Guard's Integrated Behavioral
Health System, the Army Reserve Department of Psychological Health, the United
States Department of Veterans Affairs, the North Carolina Division of Adult
Correction, and related organizations to ensure that members of the active and
reserve components of the Armed Forces of the United States, veterans, and
their family members have access to State-funded services when they are not
eligible for federally funded mental health or substance abuse services."
SECTION 46. G.S. 131E-214.1(3) reads as rewritten:
"(3) "Hospital" means a facility licensed under Article 5 of this Chapter or Article 2 of Chapter 122C of the General Statutes, but does not include the following:
a. A facility with all of its beds designated for medical type "LTC" (long-term care).
b. A facility with the majority of its beds designated for medical type "PSY-3" (mental retardation).
c. A facility
operated by the North Carolina Division of Adult Correction of the
Department of Public Safety."
SECTION 47. G.S. 143-134(b) reads as rewritten:
"(b) Notwithstanding the
provisions of subsection (a) of this section, the Department of Transportation
and the Division of Adult Correction of the Department of Public Safety shall:
(i) submit all proposed contracts for supplies, materials, printing, equipment,
and contractual services that exceed one million dollars ($1,000,000) to the
Attorney General or the Attorney General's designee for review as provided in
G.S. 114-8.3; and (ii) include in all contracts to be awarded by the
Department of Transportation or the Division of Adult Correction of the Department
of Public Safety a standard clause which provides that the State Auditor and
internal auditors of the Department of Transportation or the Division of
Adult Correction of the Department of Public Safety may audit the records
of the contractor during and after the term of the contract to verify accounts
and data affecting fees and performance. Neither the Department of
Transportation nor the Division of Adult Correction of the Department of Public
Safety shall award a cost plus percentage of cost agreement or contract for any
purpose."
SECTION 48. G.S. 143-166.2(d) reads as rewritten:
"(d) The term "law-enforcement
officer", "officer", or "fireman" shall mean a sheriff
and all law-enforcement officers employed full-time, permanent part-time, or
temporarily by a sheriff, the State of North Carolina or any county or
municipality thereof, whether paid or unpaid; and all full-time custodial
employees and probation and parole officers of the North Carolina
Division of Adult Correction of the Department of Public Safety; and all full
time institutional and full-time, permanent part-time, and temporary detention
employees of the Division of Juvenile Justice of the Department of Public
Safety and full-time, permanent part-time, and temporary detention officers
employed by any sheriff, county or municipality, whether paid or unpaid. The
term "firemen" shall mean both "eligible firemen" as
defined in G.S. 58-86-25 and all full-time, permanent part-time and
temporary employees of the Division of Forest Resources, Department of
Agriculture and Consumer Services, during the time they are actively engaged in
fire-fighting activities; and shall mean all full-time employees of the North
Carolina Department of Insurance during the time they are actively engaged in
fire-fighting activities, during the time they are training fire fighters or
rescue squad workers, and during the time they are engaged in activities as
members of the State Emergency Response Team, when the Team has been activated;
and shall mean all otherwise eligible persons who, while actively engaged as
firefighters or rescue squad workers, are acting in the capacity of a fire or
rescue instructor outside their own department or squad. The term "rescue
squad worker" shall mean a person who is dedicated to the purpose of
alleviating human suffering and assisting anyone who is in difficulty or who is
injured or becomes suddenly ill by providing the proper and efficient care or
emergency medical services. In addition, this person must belong to an
organized rescue squad which is eligible for membership in the North Carolina
Association of Rescue Squads, Inc., and the person must have attended a minimum
of 36 hours of training and meetings in the last calendar year. Each rescue
squad belonging to the North Carolina Association of Rescue Squads, Inc., must
file a roster of those members meeting the above requirements with the State
Treasurer on or about January 1 of each year, and this roster must be certified
to by the secretary of said association. In addition, the term "rescue
squad worker" shall mean a member of an ambulance service certified by the
Department of Health and Human Services pursuant to Article 7 of Chapter 131E
of the General Statutes. The Department of Health and Human Services shall furnish
a list of ambulance service members to the State Treasurer on or about January
1 of each year. The term "Civil Air Patrol members" shall mean those
senior members of the North Carolina Wing-Civil Air Patrol 18 years of age or
older and currently certified pursuant to G.S. 143B-491(a). G.S. 143B-1031.
The term "fireman" shall also mean county fire marshals when
engaged in the performance of their county duties. The term "rescue squad
worker" shall also mean county emergency services coordinators when
engaged in the performance of their county duties."
SECTION 49. G.S. 143B-2 reads as rewritten:
"§ 143B-2. Interim applicability of the Executive Organization Act of 1973.
The Executive Organization Act of 1973 shall be applicable only to the following named departments:
(1) Department of
Cultural ResourcesResources.
(2) Department of
Health and Human ServicesServices.
(3) Department of RevenueRevenue.
(4) Department of
Public SafetySafety.
(5) Division
of Adult Correction of the Department of Public Safety
(6) Department of
Environment and Natural ResourcesResources.
(7) Department of TransportationTransportation.
(8) Department of AdministrationAdministration.
(9) Department of CommerceCommerce.
(10) Division of
Juvenile Justice of the Department of Public Safety."
SECTION 50. G.S. 143B-6 reads as rewritten:
"§ 143B-6. Principal departments.
In addition to the principal departments enumerated in the Executive Organization Act of 1971, all executive and administrative powers, duties, and functions not including those of the General Assembly and its agencies, the General Court of Justice and the administrative agencies created pursuant to Article IV of the Constitution of North Carolina, and higher education previously vested by law in the several State agencies, are vested in the following principal departments:
(1) Department of
Cultural ResourcesResources.
(2) Department of
Health and Human ServicesServices.
(3) Department of RevenueRevenue.
(4) Department of
Public SafetySafety.
(5) Division
of Adult Correction of the Department of Public Safety
(6) Department of
Environment and Natural ResourcesResources.
(7) Department of TransportationTransportation.
(8) Department of AdministrationAdministration.
(9) Department of CommerceCommerce.
(10) Community Colleges System OfficeOffice.
(11) Division of
Juvenile Justice of the Department of Public Safety."
SECTION 51. G.S. 143B-417(1) reads as rewritten:
"(1) To determine the number of student interns to be allocated to each of the following offices or departments:
a. Office of the Governor
b. Department of Administration
c. Division
of Adult Correction of the Department of Public Safety
d. Department of Cultural Resources
e. Department of Revenue
f. Department of Transportation
g. Department of Environment and Natural Resources
h. Department of Commerce
i. Department of Public Safety
j. Department of Health and Human Services
k. Office of the Lieutenant Governor
l. Office of the Secretary of State
m. Office of the State Auditor
n. Office of the State Treasurer
o. Department of Public Instruction
p. Repealed by Session Laws 1985, c. 757, s. 162.
q. Department of Agriculture and Consumer Services
r. Department of Labor
s. Department of Insurance
t. Office of the Speaker of the House of Representatives
u. Justices of the Supreme Court and Judges of the Court of Appeals
v. Community Colleges System Office
w. Office of State Personnel
x. Office of the Senate President Pro Tempore
y. Division
of Juvenile Justice of the Department of Public Safety
z. Administrative Office of the Courts
aa. State Ethics Commission
bb. Division of Employment Security
cc. State Board of Elections
dd. Department of Justice"
SECTION 52. G.S. 143B-426.22(a) reads as rewritten:
"(a) Creation;
Membership. - The Governor's Management Council is created in the Department of
Administration. The Council shall contain the following members: The Secretary
of Administration, who shall serve as chairman, a senior staff officer
responsible for productivity and management programs from the Departments of
Commerce, Revenue, Environment and Natural Resources, Transportation, Public
Safety, Cultural Resources, Correction, Health and Human Services, Juvenile
Justice and Delinquency Prevention, and Administration; and an equivalent
officer from the Offices of State Personnel, State Budget and Management, and
the Governor's Program for Executive and Organizational Development. The
following persons may also serve on the Council if the entity represented
chooses to participate: a senior staff officer responsible for productivity and
management programs from any State department not previously specified in this
section, and a representative from The University of North Carolina."
SECTION 53. G.S. 143B-707 reads as rewritten:
"§ 143B-707. Reports to the General Assembly.
The Division of Adult Correction of the Department of Public Safety shall report by March 1 of each year to the Chairs of the Senate and House Appropriations Committees and the Chairs of the Senate and House Appropriations Subcommittees in Justice and Public Safety on their efforts to provide effective treatment to offenders with substance abuse problems. The report shall include:
(1) Details of any
new initiatives and expansions or reduction of programs;programs.
(2) Details on any
treatment efforts conducted in conjunction with other departments;departments.
(3) Utilization of
the DART/DWI program;community based programs at DART-Cherry and
Black Mountain Substance Abuse Treatment Center for Women.
(4), (5) Repealed by Session Laws 2007-323, s. 17.3(a), effective July 1, 2007.
(6) Statistical
information on the number of current inmates with substance abuse problems that
require treatment, the number of treatment slots, the number who have completed
treatment, and a comparison of available treatment slots to actual utilization
rates. The report shall include this information for each DOC funded program;
andprogram.
(7) Evaluation of each substance abuse treatment program funded by the Division of Adult Correction of the Department of Public Safety. Evaluation measures shall include reduction in alcohol and drug dependency, improvements in disciplinary and infraction rates, recidivism (defined as return-to-prison rates), and other measures of the programs' success."
SECTION 54. G.S. 143B-711 reads as rewritten:
"§ 143B-711. Division of Adult Correction of the Department of Public Safety - organization.
The Division of Adult Correction of the Department of Public
Safety shall be organized initially to include the Post-Release Supervision and
Parole Commission, the Board of Correction, the Section of Prisons of the
Division of Adult Correction, the Division of Adult Probation and Parole, the
Section of Community Corrections, the Section of Alcoholism and Chemical
Dependency Treatment Programs, and such other divisions as may be
established under the provisions of the Executive Organization Act of 1973.
The Division shall establish a Substance Abuse Program.
All substance abuse programs established or in existence shall be administered
by the Division of Adult Correction of the Department of Public Safety under
the Substance Abuse Program."
SECTION 55. G.S. 143B-715(b) reads as rewritten:
"(b) The Secretary of
Public SafetyBoard of Correction shall consist of one voting member
from each of the 13 congressional districts, appointed by the Governor to serve
at his pleasure. One member shall be a psychiatrist or a psychologist, one an
attorney with experience in the criminal courts, one a judge in the General
Court of Justice and nine members appointed at large. The Secretary of Public
Safety shall be an additional nonvoting member and chairman ex officio. The
terms of office of the nine members presently serving on the Board shall
continue, but any vacancy occurring on or after July 1, 1983, shall be filled
by the Governor in compliance with the requirement of membership from the
various congressional districts."
SECTION 56. G.S. 143B-1100 reads as rewritten:
"§ 143B-1100. Governor's Crime Commission - creation; composition; terms; meetings, etc.
(a) There is hereby
created the Governor's Crime Commission of the Department of Public Safety. The
Commission shall consist of 38 36 voting members and six
nonvoting members. The composition of the Commission shall be as follows:
(1) The voting members shall be:
a. The
Governor, the Chief Justice of the Supreme Court of North Carolina (or his
alternate), Carolina (or the Chief Justice's designee), the Attorney
General, the Director of the Administrative Office of the Courts, the Secretary
of the Department of Health and Human Services, the Secretary of Public Safety,
the Secretary of the Division of Juvenile Justice of the Department of Public
Safety,Safety (or the Secretary's designee), and the Superintendent
of Public Instruction;
b. A judge of superior court, a judge of district court specializing in juvenile matters, a chief district court judge, a clerk of superior court, and a district attorney;
c. A defense attorney, three sheriffs (one of whom shall be from a "high crime area"), three police executives (one of whom shall be from a "high crime area"), eight citizens (two with knowledge of juvenile delinquency and the public school system, two of whom shall be under the age of 21 at the time of their appointment, one advocate for victims of all crimes, one representative from a domestic violence or sexual assault program, one representative of a "private juvenile delinquency program," and one in the discretion of the Governor), three county commissioners or county officials, and three mayors or municipal officials;
d. Two members of the North Carolina House of Representatives and two members of the North Carolina Senate.
(2) The nonvoting
members shall be the Director of the State Bureau of Investigation, the Secretary
of the Department of Public Safety, the Assistant Secretary of
Intervention/Prevention Deputy Director of the Division of Juvenile
Justice of the Department of Public Safety,Safety who is responsible
for Intervention/Prevention programs, the Assistant Secretary of Youth
DevelopmentDeputy Director of the Division of Juvenile Justice of
the Department of Public Safety,Safety who is responsible for Youth
Development programs, the Director Section Chief of the
Section of Prisons of the Division of Adult Correction and the Director Section
Chief of the Section of Community Corrections of the Division of Adult
Correction.
(b) The membership of the Commission shall be selected as follows:
(1) The following
members shall serve by virtue of their office: the Governor, the Chief Justice
of the Supreme Court, the Attorney General, the Director of the Administrative
Office of the Courts, the Secretary of the Department of Health and Human
Services, the Secretary of Public Safety, the Director of the State Bureau of
Investigation, the Secretary of the Department of Public Safety, the
DirectorSection Chief of the Section of Prisons of the Division of
Adult Correction, the Director Section Chief of the Section of
Community Corrections of the Division of Adult Correction, the Secretary of
the Division of Juvenile Justice of the Department of Public Safety, the
Assistant Secretary ofDeputy Director who is responsible for Intervention/Prevention
of the Division of Juvenile Justice of the Department of Public Safety, the Assistant
Secretary ofDeputy Director who is responsible for Youth Development
of the Division of Juvenile Justice of the Department of Public Safety, and the
Superintendent of Public Instruction. Should the Chief Justice of the Supreme
Court choose not to serve, his alternate shall be selected by the Governor from
a list submitted by the Chief Justice which list must contain no less than
three nominees from the membership of the Supreme Court.
(2) The following members shall be appointed by the Governor: the district attorney, the defense attorney, the three sheriffs, the three police executives, the eight citizens, the three county commissioners or county officials, the three mayors or municipal officials.
(3) The following members shall be appointed by the Governor from a list submitted by the Chief Justice of the Supreme Court, which list shall contain no less than three nominees for each position and which list must be submitted within 30 days after the occurrence of any vacancy in the judicial membership: the judge of superior court, the clerk of superior court, the judge of district court specializing in juvenile matters, and the chief district court judge.
(4) The two members of the House of Representatives provided by subdivision (a)(1)d. of this section shall be appointed by the Speaker of the House of Representatives and the two members of the Senate provided by subdivision (a)(1)d. of this section shall be appointed by the President Pro Tempore of the Senate. These members shall perform the advisory review of the State plan for the General Assembly as permitted by section 206 of the Crime Control Act of 1976 (Public Law 94-503).
(5) The Governor may serve as chairman, designating a vice-chairman to serve at his pleasure, or he may designate a chairman and vice-chairman both of whom shall serve at his pleasure.
(c) The initial members of the Commission shall be those appointed under subsection (b) above, which appointments shall be made by March 1, 1977. The terms of the present members of the Governor's Commission on Law and Order shall expire on February 28, 1977. Effective March 1, 1977, the Governor shall appoint members, other than those serving by virtue of their office, to serve staggered terms; seven shall be appointed for one-year terms, seven for two-year terms, and seven for three-year terms. At the end of their respective terms of office their successors shall be appointed for terms of three years and until their successors are appointed and qualified. The Commission members from the House and Senate shall serve two-year terms effective March 1, of each odd-numbered year; and they shall not be disqualified from Commission membership because of failure to seek or attain reelection to the General Assembly, but resignation or removal from office as a member of the General Assembly shall constitute resignation or removal from the Commission. Any other Commission member no longer serving in the office from which he qualified for appointment shall be disqualified from membership on the Commission. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death, disability, or disqualification of a member shall be for the balance of the unexpired term.
(d) The Governor shall have the power to remove any member from the Commission for misfeasance, malfeasance or nonfeasance.
(e) The Commission shall meet quarterly and at other times at the call of the chairman or upon written request of at least eight of the members. A majority of the voting members shall constitute a quorum for the transaction of business.
(f) The Commission shall be treated as a board for purposes of Chapter 138A of the General Statutes."
SECTION 57. G.S. 143B-1152 reads as rewritten:
"§ 143B-1152. Definitions.
The following definitions apply in this Subpart:
(1) Certified and licensed. - North Carolina Substance Abuse Professional Practice Board certified or licensed substance abuse professionals or Department of Health and Human Services licensed agencies.
(2) Division. - The Division of Adult Correction.
(3) Division.
- The Section of Prisons of the Division of Adult Corrections.
(4) Eligible entity. - A local or regional government, a nongovernmental entity, or collaborative partnership that demonstrates capacity to provide services that address the criminogenic needs of offenders.
(5) Program. - A community-based corrections program.
(6) Secretary. - The
Secretary of the Department of Correction.Public Safety.
(6a) Section. - The Section of Community Corrections of the Division of Adult Correction.
(7) State Board. - The State Community Corrections Advisory Board."
SECTION 58. G.S. 143B-1155 reads as rewritten:
"§ 143B-1155. Duties of Division of Adult Correction.
(a) In addition to those otherwise provided by law, the Division of Adult Correction shall have the following duties:
(1) To enter into contractual agreements with eligible entities for the operation of community-based corrections programs and monitor compliance with those agreements.
(2) To develop the minimum program standards, policies, and rules for community-based corrections programs and to consult with the Department of Health and Human Services on those standards, policies, and rules that are applicable to licensed and credentialed substance abuse services.
(3) To monitor, oversee, and evaluate contracted service providers.
(4) To act as an information clearinghouse regarding community-based corrections programs.
(5) To collaborate with the Department of Health and Human Services on focusing treatment resources on high-risk and moderate to high need offenders on probation, parole, and post-release supervision.
(b) The Division
of Adult Correction, Section of Prisons Community Corrections of
the Division of Adult Correction,Correction shall develop and
publish a recidivism reduction plan for the State that accomplishes the
following:
(1) Articulates a goal of reducing revocations among people on probation and post-release supervision by twenty percent (20%) from the rate in the 2009-2010 fiscal year.
(2) Identifies the number of people on probation and post-release supervision in each county that are in the priority population and have a likely need for substance abuse and/or mental health treatment, employment, education, and/or housing.
(3) Identifies the program models that research has shown to be effective at reducing recidivism for the target population and ranks those programs based on their cost-effectiveness.
(4) Propose a plan to fund the provision of the most cost-effective programs and services across the State. The plan shall describe the number and types of programs and/or services to be funded in each region of the State and how that program capacity compares with the needs of the target population in that region.
(c) The Division of
Adult Correction shall report by March 1 of each year to the Chairs of the
Senate and House of Representatives Appropriations Committees, the Senate and
House of Representatives Appropriations Subcommittees on Justice and Public
Safety, and the Joint Legislative Corrections, Crime Control, and Juvenile
Justice Oversight Committee on Justice and Public Safety on the
status of the Treatment for Effective Community Supervision Program. The report
shall include the following information:
(1) The dollar amount and purpose of funds provided on a contractual basis to service providers for the previous fiscal year.
(2) An analysis of offender participation data received, including the following:
a. The number of people on probation and post-release supervision that are in the priority population that received services.
b. The number of people on probation and post-release supervision that are in the priority population that did not receive services.
c. The number of people on probation and post-release supervision outside of the priority population that received services.
d. The type of services provided to these populations.
e. The rate of revocations and successful completions for people who received services.
f. Other measures as determined appropriate.
(3) The dollar amount needed to provide additional services to meet the needs of the priority population in the upcoming budget year.
(4) Details of personnel, travel, contractual, operating, and equipment expenditures for each program type."
SECTION 59. G.S. 146-33 reads as rewritten:
"§ 146-33. State agencies to locate and mark boundaries of lands.
Every State agency shall locate and identify, and shall mark
and keep marked, the boundaries of all lands allocated to that agency or under
its control. The Department of Administration shall locate and identify, and
mark and keep marked, the boundaries of all State lands not allocated to or
under the control of any other State agency. The chief administrative officer
of every State agency is authorized to contract with the State Division
of Adult Correction of the Department of Public Safety for the furnishing, upon
such conditions as may be agreed upon from time to time between the State Division
of Adult Correction of the Department of Public Safety and the chief
administrative officer of that agency, of prison labor for use where feasible
in the performance of these duties."
SECTION 60. G.S. 147-12(b) reads as rewritten:
"(b) The Department of
Transportation, the Division of Adult Correction of the Department of Public
Safety, the Department of Public Safety, the State Highway Patrol, the
Wildlife Resources Commission, the Division of Parks and Recreation in the
Department of Environment and Natural Resources, and the Division of Marine
Fisheries in the Department of Environment and Natural Resources shall deliver
to the Governor by February 1 of each year detailed information on the agency's
litter enforcement, litter prevention, and litter removal efforts. The
Administrative Office of the Courts shall deliver to the Governor Governor,
by February 1 of each year year, detailed information on the
enforcement of the littering laws of the State, including the number of charges
and convictions under the littering laws of the State. The Governor shall
gather the information submitted by the respective agencies and deliver a
consolidated annual report report, on or before March 1 of each year
year, to the Environmental Review Commission, the Joint Legislative
Transportation Oversight Committee, and the House of Representatives and the
Senate Appropriations Subcommittees on Natural and Economic
Resources."
SECTION 61. G.S. 148-26(f) reads as rewritten:
"(f) Adult inmates
of the State prison system shall be prohibited from working at or being on the
premises of any schools or institutions operated or administered by the Youth
Development Division Section of the Division of Juvenile Justice
of the Department of Public Safety.Safety unless a complete sight and
sound barrier is erected and maintained during the course of the labor
performed by the adult inmates."
SECTION 62. G.S. 162-39(c) reads as rewritten:
"(c) The sheriff of the county from which the prisoner is removed shall be responsible for conveying the prisoner to the jail or prison unit where he is to be held, and for returning him to the common jail of the county from which he was transferred. The return shall be made at the expiration of the time designated in the court order directing the transfer unless the judge, by appropriate order, shall direct otherwise. The sheriff or keeper of the jail of the county designated in the court order, or the officer in charge of the prison unit designated by the Secretary of Public Safety, shall receive and release custody of the prisoner in accordance with the terms of the court order. If a prisoner is transferred to a unit of the State prison system, the county from which the prisoner is transferred shall pay the Division of Adult Correction of the Department of Public Safety for maintaining the prisoner for the time designated by the court at the per day, per inmate rate at which the Division of Adult Correction of the Department of Public Safety pays a local jail for maintaining a prisoner. The county shall also pay the Division of Adult Correction of the Department of Public Safety for the costs of extraordinary medical care incurred while the prisoner was in the custody of the Division of Adult Correction of the Department of Public Safety, defined as follows:
(1) Medical expenses incurred as a result of providing health care to a prisoner as an inpatient (hospitalized);
(2) Other medical expenses when the total cost exceeds thirty-five dollars ($35.00) per occurrence or illness as a result of providing health care to a prisoner as an outpatient (nonhospitalized); and
(3) Cost of replacement of eyeglasses and dental prosthetic devices if those eyeglasses or devices are broken while the prisoner is incarcerated, provided the prisoner was using the eyeglasses or devices at the time of his commitment and then only if prior written consent of the county is obtained by the Division.
If the prisoner is transferred to a jail in some other county, the county from which the prisoner is transferred shall pay to the county receiving the prisoner in its jail the actual cost of maintaining the prisoner for the time designated by the court. Counties are hereby authorized to enter into contractual agreements with other counties to provide jail facilities to which prisoners may be transferred as deemed necessary under this section.
Whenever prisoners are arrested in such numbers that county
jail facilities are insufficient and inadequate for the safekeeping of such
prisoners, the resident judge of the superior court or any superior or district
court judge holding court in the district may order the prisoners transferred
to a unit of the State Division of Adult Correction of the Department of
Public Safety designated by the Secretary of Public Safety or his authorized
representative, where the prisoners may be held for such length of time as the
judge may direct, such detention to be in cell separate from that used for
imprisonment of persons already convicted of crimes, except when admission to
an inpatient prison medical or mental health unit is required to provide
services deemed necessary by a prison health care clinician. The sheriff of the
county from which the prisoners are removed shall be responsible for conveying
the prisoners to the prison unit or units where they are to be held, and for
returning them to the common jail of the county from which they were
transferred. However, if due to the number of prisoners to be conveyed the
sheriff is unable to provide adequate transportation, he may request the
assistance of the Division of Adult Correction of the Department of Public
Safety, and the Division of Adult Correction of the Department of Public Safety
is hereby authorized and directed to cooperate with the sheriff and provide
whatever assistance is available, both in vehicles and manpower, to accomplish
the conveying of the prisoners to and from the county to the designated prison
unit or units. The officer in charge of the prison unit designated by the
Secretary of Public Safety or his authorized representative shall receive and
release the custody of the prisoners in accordance with the terms of the court
order. The county from which the prisoners are transferred shall pay to the
Division of Adult Correction of the Department of Public Safety the actual cost
of transporting the prisoners and the cost of maintaining the prisoners at the
per day, per inmate rate at which the Division of Adult Correction of the
Department of Public Safety pays a local jail for maintaining a prisoner,
provided, however, that a county is not required to reimburse the State for
transporting or maintaining a prisoner who was a resident of another state or
county at the time he was arrested. However, if the county commissioners shall
certify to the Governor that the county is unable to pay the bill submitted by
the State Division of Adult Correction of the Department of Public
Safety to the county for the services rendered, either in whole or in part, the
Governor may recommend to the Council of State that the State of North Carolina
assume and pay, in whole or in part, the obligation of the county to the
Division of Adult Correction of the Department of Public Safety, and upon
approval of the Council of State the amount so approved shall be paid from
Contingency and Emergency Fund to the Division of Adult Correction of the
Department of Public Safety.
When, due to an emergency, it is not feasible to obtain from a judge of the superior or district court a prior order of transfer, the sheriff of the county and the Division of Adult Correction of the Department of Public Safety may exercise the authority hereinafter conferred; provided, however, that the sheriff shall, as soon as possible after the emergency, obtain an order from the judge authorizing the prisoners to be held in the designated place of confinement for such period as the judge may direct. All provisions of this subsection shall be applicable to municipalities whenever prisoners are arrested in such numbers that the municipal jail facilities and the county jail facilities are insufficient and inadequate for the safekeeping of the prisoners. The chief of police is hereby authorized to exercise the authority herein conferred upon the sheriff, and the municipality shall be liable for the cost of transporting and maintaining the prisoners to the same extent as a county would be unless action is taken by the Governor and Council of State as herein provided for counties which are unable to pay such costs."
SECTION 63. The Revisor of Statutes shall delete throughout Chapter 148 of the General Statutes the words "State" or "North Carolina" if the words appear directly before the phrase "Division of Adult Correction."
SECTION 64. This act is effective when it becomes law.