ENHANCE PRISON SECURITY.

View NCGA Bill Details2017-2018 Session
Senate Bill 728 (Public) Filed Monday, May 21, 2018
AN ACT TO ENHANCE PRISON SECURITY AND TO MODIFY THE ADMINISTRATIVE REMEDY PROCEDURE, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY.
Intro. by Randleman, Sanderson.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (May 23 2018)

Bill History:

S 728

Bill Summaries:

  • Summary date: May 21 2018 - More information

    Identical H969 filed on 5/17/18.

    Amends GS 14-258.4, concerning malicious conduct by a prisoner, to provide that any person in the custody of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety (Division), any law enforcement officer, or any local confinement facility who knowingly and willfully throws, emits, or causes to be used as a projectile bodily fluids, excrement, or unknown substance (previously, does not include unknown substance) at a State or local government employee while the employee is in the performance of the employee’s duties is guilty of a Class F felony. Also expands the statute to provide that any person in the custody of the Division, any law enforcement officer, or any local confinement facility that knowingly and willfully exposes genitalia or masturbates at a State or local government employee while the employee is in the performance of the employee’s duties is guilty of a Class F felony. Provides that sentences imposed under Article 33 of GS Chapter 14 (Prison Breach and Prisoners) run consecutively to and commence at the expiration of any sentence being served by the person under the statute. Effective December 1, 2018, and applies to offenses committed on or after that date.

    Amends GS 148-118.2, which requires prisoners to pursue and exhaust remedies provided by the Corrections Administrative Remedy Procedure (Procedure) prior to filing a grievance or complaint against the State, the Division, or its employees in state court. Clarifies that a state court must dismiss a prisoner’s petition or complaint if the prisoner has failed to pursue administrative remedies through the Procedure or the prisoner’s ability to file a grievance pursuant to the Procedure is time barred. Eliminates the existing provision that allows the court to waive the exhaustion requirement if it finds the waiver to be in the interest of justice. Adds a new provision limiting a prisoner who alleges a claim for damages less than $500 to the remedies afforded by the Procedure. Makes language gender-neutral. Effective October 1, 2018, and applies to grievances filed on or after that date.

    Amends GS 148-118.8, which establishes that the inmate grievance examiner’s decision to grant appropriate relief or deny a prisoner’s grievance pursuant to the Procedure is binding unless the Secretary of Public Safety finds that the relief is not appropriate, and the Secretary provides written findings and an alternative order of relief or denies the grievance. Authorizes the Secretary of Public Safety’s designee to also find that the inmate grievance examiner’s decision is not appropriate, and to provide written findings and an alternative order or denial in the same manner as the Secretary is authorized.


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