ADULT CORRECTIONS/LAW ENF. CHANGES. (NEW)

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View NCGA Bill Details2023-2024 Session
Senate Bill 492 (Public) Filed Monday, April 3, 2023
AN ACT TO MODIFY LAWS CONCERNING ADULT CORRECTION AND LAW ENFORCEMENT AGENCIES.
Intro. by Britt, Daniel.

Status: Ch. SL 2023-121 (Sep 22 2023)

SOG comments (2):

Identical bill

Identical to H 575, filed 4/4/23.

Long title change

Committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO MODIFY LAWS CONCERNING ADULT CORRECTION, AS RECOMMENDED BY THE DEPARTMENT OF ADULT CORRECTION.

Bill History:

S 492/S.L. 2023-121

Bill Summaries:

  • Summary date: Sep 22 2023 - View Summary

    AN ACT TO MODIFY LAWS CONCERNING ADULT CORRECTION AND LAW ENFORCEMENT AGENCIES. SL 2023-121. Enacted September 22, 2023. Effective September 22, 2023, except as otherwise provided.


  • Summary date: Sep 5 2023 - View Summary

    House committee substitute to the 2nd edition makes the following changes.  Makes conforming changes to the act’s long and short titles.

    Section 3.

    Increases the scope of GS 15A-1352(g) (permitting early transfers of persons serving a sentence in the Department of Adult Corrections subject to an outstanding sentence, detainer, or other lawful process authorizing detention) to include federal agencies, as defined in GS 130A-313. Makes conforming and technical changes.    

    Section 5.

    Changes the Department of Adult Correction’s (DAC) reporting requirement on its use of funds from annual to biennial under new GS 143B-1445 (requiring energy savings from DAC utilities remaining at the end of each fiscal year to be carried forward, with 60% used for energy conservation measures).  Amends GS 116-30.3B(c) (pertaining to energy conservation savings) to require UNC constituent institutions to submit reports required by the statute biennially instead of annually.

    Section 6. 

    Makes an organizational change in GS 146-30(d). 

    Section 9.

    Makes clarifying change to legislative history of Section 4.15 of SL 2020-3 (amending definition of security guard to include services at state prisons).

    Section 11.

    Adds new defined terms to GS 14-415.10’s definitions for Article 54B, Concealed Handgun Permit: (1) qualified state probation or parole certified officer (a state probation or parole certified officer authorized by the Division of Community Supervision and Reentry [Division] to carry a handgun in the course of duty who is not the subject of a disciplinary action by the Division that prevents carrying a handgun and who meets the Division’s requirements regarding handguns) and (2) qualified correctional officer (an individual authorized by the Division of Prisons [DOP] to carry a handgun in the course of duty who is not the subject of a disciplinary action by the DOP that prevents carrying a handgun and who meets its requirements regarding handguns). Expands scope of GS 14-415.12A(a) to include those meeting those definitions as deemed to have satisfied the statutory requirement that an applicant for a concealed handgun permit successfully complete an approved firearms safety and training course. Applies to permit applications submitted after the act becomes law. 

    Section 12.

    Amends the definition of peer counselor set forth in GS 8-53.10 (pertaining to peer support group counselors) to include certain employees of law enforcement agencies, corrections officers, and emergency agencies (currently just law enforcement agency) who, in addition to existing requirements, are designated to provide counseling to client law enforcement employees, corrections employees, and emergency personnel officers (currently just hired to counsel law enforcement employees). Defines corrections employee as any corrections employee or a member of his or her immediate family who is in need of and receives peer counseling services offered by the employee's corrections agency. Makes conforming changes to definition of privileged communication to account for newly defined terms. 

    Adds that GS 8-53.10’s definition of peer counselor does not require that a person be designated as a peer counselor by the head of the same of agency that employs the client law enforcement employee, corrections employee, or emergency personnel officer.

    Applies retroactively to communications made on or after July 8, 2022.

    Section 13.

    Amends GS 20-179, enacting new subsection (k5) as follows. Authorizes the Division to require an offender sentenced to Level One, Two, Three, Four, of Five punishment for impaired driving violations due to grossly aggravating factors pursuant to GS 20-179(f3), (g), (h), (i), (j), or (k), who is placed on supervised probation, to do any of the following: (1) performing up to 20 hours of community service and paying the applicable fee; (2) submission to substance abuse assessment, monitoring, or treatment; (3) submission to house arrest with electronic monitoring; (4) submission to period of confinement in a local confinement facility for up to six days per month during a period of three months, as specified; (5) submission to a curfew; (6) reporting to a probation officer on a frequency determined by the officer; and (7) participation in an educational or vocational skills development program, including an evidence-based program. Authorizes the Division to reduce or remove requirements it imposes. Allows probation officers to exercise authority delegated by the court after administrative review and approval by a chief probation officer. Provides for offenders to motion the court to review probation officers' actions; requires offenders to be given notice of this right; allows for written waiver of this right. Requires the Division, prior to exercising delegated authority, to determine the offender has failed to comply with a condition of probation or is high-risk based on a validated instrument to assess risks of reoffending; limits the Division's authority to require period of confinement in a local confinement facility to instances when the Division determines the offender has violated a condition of probation. Provides that the subsection does not affect the arrest and hearing procedures authorized in GS 15A-1345 for probation violations. 

    Directs the Division to adopt guidelines and procedures to implement new subsection (k5). Establishes requirements for imposing confinement, which must include a supervisor’s approval prior to exercise of the delegation of authority authorized by GS 20-179(k)(5). Requires that the Division provide the probationer with a violation report that provides notice of the probationer's right to a hearing with representation and specified evidentiary rights before imposing confinement. Allows for confinement for the period of time designated in the report upon execution of a waiver of rights signed by the probationer and two officer witnesses, which must be the probation officer and another officer designated by the Division's Deputy Secretary in written Division policy.

    Applies to offenses committed on or after December 1, 2023. 

    Section 14.

    Establishes a two-year pilot program authorizing DAC to conduct a two-year pilot program to contract with non-governmental staffing agencies for nursing services, starting on October 1, 2023. Specifies that DAC contracts with non-governmental staffing agencies for nursing services are exempt from any break in service requirement.  Requires DAC to submit an interim report to the specified NCGA committees and division by September 30, 2024, and a final report by November 30, 2025, on the results of the pilot program, including any policies and rules adopted under the pilot program. Specifies that the pilot program expires on September 30, 2025. Effective October 1, 2023.

    Section 15.

    Expands the list of underlying criminal charges requiring fingerprinting by the arresting state law enforcement and forwarding of those fingerprints to the SBI under GS 15A-502(a2) to include misdemeanor domestic violence. Applies to offenses committed on or after December 1, 2023.

    Section 16.

    Updates GS 14-258.1 (criminal offense of furnishing controlled substances, deadly weapons, and other listed contraband to incarcerated persons and juveniles), GS 15-203 (duties of DAC Secretary), GS 15-204 (pertaining to assignment, compensation, and oath of probation officers), GS 15-207 (records treated as privileged information), GS 15A-1332(c) (presentence reports), and GS 148-32.1 (pertaining to local confinement) to (1) specify the Department of Juvenile Justice is part of the Department of Public Safety (currently, listed as Division of Juvenile Justice Section of DOP of DAC); (2) update references from the Division of Adult Correction to the Department of Adult Correction; or (3) remove references to DAC’s Division of Community Supervision and Reentry, so that it just reads DAC.  Expands the exemption pertaining to possession of a wireless communication device set forth in GS 14-258.1(h) to include DAC inmates who possess such devices with the approval  of DAC.  Increases the number of agencies that are able to obtain confidential license plates upon approval and request of the Director of the State Bureau of Investigation to include DAC under GS 20-39.1 (pertaining to publicly owned vehicles). Amends GS 148-32.1 to change the contracting state agency for local confinement from the Division of Adult Correction and Juvenile Justice to DAC. Requires the NC Sheriffs’ Association to now include the administrative costs paid to DAC (currently, Department of Public Safety) and the Sheriffs’ Association in its monthly and annual reports to the specified NCGA committees. 


  • Summary date: Apr 26 2023 - View Summary

    Senate committee substitute to the 1st edition makes the following changes. Changes the effective date for GS 15A-1343(b), as amended by the act, to December 1, 2023, and applies to offenses committed on or after that date (was, August 1, 2023, and applied to drug and alcohol screenings performed after that date). Now specifies that changes to GS 15A-1343, GS 15A-1368.4, and GS 15A-1374 (all pertaining to conditions of probation) are effective December 1, 2023, and apply to offenses committed after that date. Deletes proposed changes to GS 15A-1343.2 and GS 20-179. Deletes proposed new sections GS 148-18.2 (pertaining to prisoner property), GS 143-295.2 (inmate property claims against the Department of Adult Correction [DAC]), GS 143-299.5 (limited liability for claims against DAC) and amendments to GS 143-291, GS 148-118.2, GS 143-291.2, GS 143-295, and GS 143-299.1A. Changes the sunset to June 30, 2025 (was, the earlier of January 1, 2026, or the completion of the Youth Development Center in Rockingham County), for the provisions of Section 4.15, SL 2020-3, as amended, which amends the definition of security guard to include services at state prisons. 


  • Summary date: Apr 4 2023 - View Summary

    Section 1

    Amends GS 15A-1343(b), listing regular conditions of probation, to include submission to drug and alcohol screening rather than supplying a breath, urine, or blood specimen. Effective August 1, 2023, and applies to drug and alcohol screening performed on or after that date. 

    Section 2

    Further amends GS 15A-1343(b), making possession of no firearm ammunition a regular condition of probation.

    Amends GS 15A-1368.4(e), listing controlling conditions of post-release supervision, and GS 15A-1374(b), listing appropriate conditions of parole, to include possession of no firearm, firearm ammunition, explosive device, or other deadly weapon listed in GS 14-269 unless granted permission by the Post-Release Supervision and Parole Commission (replacing the previous condition of refraining from possessing a firearm, destructive device, or other dangerous weapon unless granted written permission from the Commission or a post-release supervision officer or parole officer, as appropriate).

    Section 3

    Amends GS 15A-1343.2, which sets out probation rules for persons sentenced under Article 81B of GS Chapter 15A (Structured Sentencing for Persons Convicted of Crimes). Expands the scope of the statute to also include persons sentenced under Article 82 of GS Chapter 15A (Probation), and GS Chapters 20 (Motor Vehicles) and 90 (Medicine and Allied Occupations). Enacts subsection (e1) to authorize the Division of Community Supervision and Reentry of the Department of Adult Correction (Division; DAC) to require an offender placed on supervised probation for a conditional discharge or a deferred prosecution to comply with any of the conditions probation officers may require of offenders sentenced to community punishment in subsection (e), unless the presiding judge finds delegation not appropriate; excludes the authority to require the offender to submit to periods in a local confinement facility under subdivision (e)(5). Authorizes the Division to reduce or remove requirements it imposes. Allows probation officers to exercise authority delegated by the court after administrative review and approval by a chief probation officer. Provides for offenders to motion the court to review probation officers' actions; requires offenders to be given notice of this right. Requires the Division, prior to exercising delegated authority, to determine the offender has failed to comply with a condition of probation or is high risk based on a validated instrument to assess risks of reoffending. Provides that the subsection does not affect the arrest and hearing procedures authorized in GS 15A-1345 for probation violations. Makes changes to refer to the Deputy Secretary of the Division rather than the Director. Makes technical and clarifying changes. Makes conforming changes. 

    Amends GS 20-179, enacting new subsection (k5) as follows. Authorizes the Division to require an offender sentenced to Level One, Two, Three, Four, of Five punishment for impaired driving violations due to grossly aggravating factors pursuant to GS 20-179(f3), (g), (h), (i), (j), or (k), who is placed on probation, to do any of seven listed requirements and conditions, including (1) performing up to 20 hours of community service and paying the applicable fee; (2) submission to substance abuse assessment, monitoring, or treatment; (3) submission to house arrest with electronic monitoring; (4) submission to period of confinement in a local confinement facility for up to six days per month during a period of three months, as specified; and (5) submission to a curfew. Authorizes the Division to reduce or remove requirements it imposes. Allows probation officers to exercise authority delegated by the court after administrative review and approval by a chief probation officer. Provides for offenders to motion the court to review probation officers' actions; requires offenders to be given notice of this right; allows for written waiver of this right. Requires the Division, prior to exercising delegated authority, to determine the offender has failed to comply with a condition of probation or is high risk based on a validated instrument to assess risks of reoffending; limits the Division's authority to require period of confinement in a local confinement facility pursuant to subdivision (5) to instances when the Division determines the offender has violated a condition of probation. Provides that the subsection does not affect the arrest and hearing procedures authorized in GS 15A-1345 for probation violations. 

    Directs the Division to adopt guidelines and procedures to implement new subsection (k5). Establishes requirements for imposing confinement pursuant to subdivision (5), including providing the probationer with a violation report that provides notice of the probationer's right to a hearing with representation and specified evidentiary rights. Allows for confinement for the period of time designated in the report upon execution of a waiver of rights signed by the probationer and two officer witnesses, which must be the probation officer and another officer designated by the Division's Deputy Secretary in written Division policy.

    Effective October 1, 2023.

    Section 4

    Enacts GS 15A-1352(g) to allow early transfers of persons serving a sentence in DAC who is subject to an outstanding sentence, detainer, or other lawful detention to the requesting confinement facility. Limits early transfers to up to five days before the expiration of the person's current sentence, and deems the remainder of the person's sentence served at the requesting local confinement facility the expense of the receiving facility. Defines local confinement facility by statutory cross-reference. Adds that the new provision does not authorize holds beyond the release date of the current sentence absent an outstanding sentence to be served, detainer, or other lawful detention. Effective October 1, 2023, and applies to transfers occurring on or after that date. 

    Section 5

    Enacts GS 143-18.2 to prohibit the personal property of an inmate in the custody of DAC from exceeding a total value of $250. Requires DAC to reimburse an inmate for the value of an item or provide replacement for an item, when DAC's Administrative Remedy Procedure results in such a recommendation, when the inmate’s property is lost, destroyed or damaged through the negligent maintenance of the correctional facility or the negligence of the correctional facility’s employees. Establishes this remedy as the sole remedy for inmate property loss, damage, or destruction. Limits reimbursement from exceeding $250 per incident. Prohibits reimbursement of an inmate for lost, damaged, or destroyed State-issued property. 

    Enacts GS 143-295.2 to establish that an inmate has no recourse against DAC through Article 31, Tort Claims Against State Departments and Agencies, for property lost, stolen, or otherwise damaged through the negligent handling of its correctional facility or staff members, but instead requires reimbursement or replacement of the item pursuant to new GS 148-18.2.

    Enacts new subsection (e) to GS 143-291. Establishes that the Industrial Commission has no jurisdiction over any claim brought by an inmate in the custody of DAC unless the inmate has exhausted DAC’s Administrative Remedy Procedure set out in GS 148-118.2. Makes conforming changes to GS 148-118.2. Eliminates the provision which allowed a court to waive the exhaustion requirement if it finds waiver to be in the interest of justice. 

    Amends GS 143-291.2 to specify that the Industrial Commission can tax costs against the losing party in the same amount and manner as costs are taxed in the Superior Court Division of the General Court of Justice (previously did not specify costs and manner of superior court). Adds an explicit prohibition against the Industrial Commission taxing the cost against the prevailing party. Additionally establishes a new disqualification for an inmate seeking indigent status. Prohibits granting indigent status to a currently incarcerated inmate who is the claimant under Article 31 if, while incarcerated or detained in any State facility, the inmate has on three or more prior occasions brought an action or appeal before the Industrial Commission that was dismissed on the grounds that it is frivolous, malicious, not within the statute of limitations, exceeds the exclusive jurisdiction of the Industrial Commission, or fails to state a claim upon which relief can by granted. 

    Amends GS 143-295 to authorize claims to be settled upon agreement between the various departments, institutions, and agencies of the State and the claimant without approval of the Industrial Commission for an amount not to exceed $25,000 (previously, this authority was limited to settlement between the claimant and the Attorney General). Makes conforming and clarifying changes.

    Amends GS 143-299.1A, regarding when the public duty doctrine can be used as an affirmative defense. Establishes that the provisions which specify when the doctrine cannot be used do not limit the application of the public duty doctrine in cases where the claimant is an inmate in DAC’s custody unless the injury arises from the gross negligence of DAC or its staff.

    Enacts GS 143-299.5 to establish limited liability for DAC for damages under Article 31 for acts or omissions of its employees tasked with the supervision, protection, control, confinement, or custody of the State’s inmate population. Excepts gross negligence from the immunity provided.

    Section 6

    Amends GS 148-132 to allow the Division of Correction Enterprises of DAC to market and sell produced and services it produces to any currently incarcerated individual within a DAC facility. 

    Section 7

    Enacts GS 143B-1445, requiring energy savings from DAC utilities remaining at the end of each fiscal year to be carried forward, with 60% used for energy conservation measures. Limits use of funds to one-time capital and operating expenditures that will not impose additional State obligations. Deems funds nonreverting. Provides for establishing a corresponding DAC budget code. Prohibits the Director of Budget from decreasing the recommended continuation budget requirements for utilities from the previous fiscal year for DAC by the amount of energy savings realized. Directs DAC to annually report on the use of funds pursuant to specified state law. Defines terms by statutory cross-reference.

    Section 8

    Amends GS 143-30 to require net proceeds derived from the sale or lease of land or facilities owned or maintained by DAC to be deposited in the capital improvement fund to the credit of DAC to make capital improvements on property owned or maintained by DAC, subject to approval by the Office of State Budget and Management. 

    Section 9

    Amends GS 14-269 to allow DAC employees to publicly carry concealed weapons if the person (1) has been designated in writing by the DAC Secretary; (2) has a concealed handgun permit; and (3) has written proof of the Secretary's designation on their person. Bars carrying at any time while consuming alcohol or an unlawful controlled substance, or while alcohol or an unlawful controlled substance remains in the body. Makes technical and clarifying changes.

    Section 10

    Amends GS 150B-1(e), making the entire Department of Adult Correction exempt from the Administrative Procedure Act's contested case provisions, rather than only DAC's Division of Prisons which is currently exempt. 

    Section 11

    Changes the sunset to the earlier of January 1, 2026 (was, January 1, 2024) or the completion of the Youth Development Center in Rockingham County, for the provisions of Section 4.15, SL 2020-3, as amended, which amends the definition of security guard to include services at state prisons. 

    Section 12

    Aligns inmate pay of prisoners performing work for the Division of Prison's BRIDGE Program with that of inmates assigned to work that require special skills or training, set in GS 148-18 for employees of Correction Enterprises, at $5 per day. Makes conforming changes.


  • Summary date: Apr 3 2023 - View Summary

    To be summarized.