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View NCGA Bill Details2011-2012 Session
Senate Bill 478 (Public) Filed Wednesday, March 30, 2011
Intro. by Bingham.

Status: Ref To Com On Judiciary I (Senate Action) (Mar 31 2011)

Bill History:

S 478

Bill Summaries:

  • Summary date: Mar 31 2011 - View Summary

    Adds a new Article 10 (GS 7A-80 to 7A-86), the Prosecution Services Act, in GS Chapter 7A. Creates an Office of Prosecution Services (Office) and a Commission on Prosecution Services (Commission) in the Judicial Department, to act independently of the director of the Administrative Office of the Courts (AOC), in a structure similar to that of the existing Office of Indigent Defense Services. Requires the AOC director to provide general administrative support and to assist (but not control) in preparation of the Office’s budget. Specifies responsibilities of the Office, including (1) management and oversight of budget for district attorneys and disbursement of funds; (2) taking steps to increase efficiencies and effectiveness in prosecution and provide information on the impact of changes in criminal laws; (3) providing local offices with training, technical assistance, related services, and necessary technology and information; and (4) providing special prosecutors in extraordinary circumstances.
    Specifies the qualifications and method of appointment of members of the 11-member Commission, to serve four-year staggered terms, and requires that the first meeting be held by September 15, 2011. States that the primary purpose of the Commission is development and improvement of programs by which the Office provides oversight of criminal prosecution and related services. Requires the Commission to appoint a Director of Prosecution Services (director) and to assist elected district attorneys in developing guidelines for various aspects of the provision of prosecution services. Authorizes the Commission to establish policies, procedures, and rules for the Commission and the Office. Specifies responsibilities of the director and provides for him or her to receive longevity pay as specified in lieu of merit and other raises paid to regular state employees.
    Repeals Article 32 of GS Chapter 7A, which establishes the Conference of District Attorneys. Makes numerous conforming amendments. Requires the Commission to report by May 1, 2012, to chairs of the Senate and House Appropriations Committees and Appropriations Subcommittees on Justice and Public Safety regarding a plan for transfer of the budget and related authority from the AOC to the Commission, effective July 1, 2012; rules, standards, and regulations developed by the Commission for delivery of prosecution services; and other matters for implementing the act.
    Effective July 1, 2011.