GENERAL ASSEMBLY OF NORTH CAROLINA

 SESSION 2011

 

 

SENATE BILL 881

RATIFIED BILL

 

 

AN ACT to MAKE TECHNICAL AND OTHER CHANGES TO THE GENERAL STATUTES REGARDING THE DEPARTMENT OF PUBLIC SAFETY; AND TO transfer the warehouse formerly operated by the law enforcement support services division and its contents from the department of justice to the department of public safety and to assign the responsibilities for the storage and management of evidence housed in the warehouse to 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 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 4.  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 5.  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 6.  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 7.  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 8.  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 9.  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 10.  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 11.  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 12.  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 13.  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 14.  Section 19.1(hhh2) of S.L. 2011-145 is repealed.

 

PART II. TECHNICAL CHANGES

SECTION 15.  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 16.  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 17.  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 18.  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 19.  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 20.  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 21.  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 22.  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 23.  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 24.  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 25.  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 26.  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 27.  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 28.  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 29.  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 3331 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 30.  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 31.  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 32.  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 33.  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 34.  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 35.  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 36.  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 37.  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 38.  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 39.  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 40.  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 41.  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 42.  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 43.  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 44.  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 45.  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 46.  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 47.  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 48.  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 49.  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 50.  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 51.  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 52.  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 53.  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 54.  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 55.  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 56.  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 57.  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 58.  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 59.  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 60.  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 61.  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."

 

PART III. TRANSFER EVIDENCE WAREHOUSE

SECTION 62.  Section 19.1(cc) of S.L. 2011-145 is repealed.

SECTION 63.  The evidence warehouse that was operated by the Law Enforcement Support Services Division of the Department of Crime Control and Public Safety prior to January 1, 2012, is transferred to the Office of External Affairs in the Department of Public Safety.  All State-owned personal property located in or associated with the warehouse and all evidence of any type, including rape kits, located in the warehouse are reallocated to the Office of External Affairs in the Department of Public Safety.  The warehouse shall be known as the "Victim Services Warehouse."  The Department of Public Safety shall assume any lease to which the warehouse is subject at the time this section becomes effective.

SECTION 64.  G.S. 143B-600(a)(7) reads as rewritten:

"(7)      The Office of External Affairs, which shall be responsible for federal and State liaison activities, victim services, the Victim Services Warehouse and the storage and management of evidence and other contents housed in the warehouse, and public affairs."

SECTION 65.  G.S. 143B-601 is amended by adding the following new subdivisions to read:

"(12)    To provide central storage and management of evidence according to the provisions of Article 13 of Chapter 15A of the General Statutes and create  and maintain a databank of statewide storage locations of postconviction evidence or other similar programs.

(13)      To provide central storage and management of rape kits according to the federal Violence Against Women and Department of Justice Reauthorization Act of 2005 with specific protections against release of names of victims providing anonymous or "Jane Doe" rape kits without victim consent.

(14)      To provide for the storage and management of evidence."

SECTION 66.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 21st day of June, 2012.

 

 

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

 

 

                                                                    s/  Thom Tillis

                                                                         Speaker of the House of Representatives

 

 

 

 

                                                                        _____________________________________

                                                                         Beverly E. Perdue

                                                                         Governor

 

 

Approved __________.m. this ______________ day of ___________________, 2012