POLICY AND FUNDING FOR PREVIOUS JPS REQUESTS.

View NCGA Bill Details2019-2020 Session
House Bill 1095 (Public) Filed Thursday, May 14, 2020
AN ACT TO CLARIFY RECENTLY ENACTED HUMAN TRAFFICKING LANGUAGE, TO RESTRICT THE TRANSFER OF CERTAIN DISTRICT ATTORNEY FUNDS, TO DIRECT THE SCHOOL OF GOVERNMENT OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL TO STUDY THE FEASIBILITY AND COST OF CREATING AN OFFICE OF PROSECUTORIAL SERVICES, TO DIRECT THE REIMBURSEMENT OF CERTAIN FUNDS TO THE CONFERENCE OF DISTRICT ATTORNEYS, TO EXPAND ELIGIBILITY FOR THE CRIMINAL JUSTICE FELLOWS PROGRAM, TO INCREASE COURT COSTS TO FUND THE CRIMINAL JUSTICE EDUCATION AND STANDARDS COMMISSION, TO CREATE RECEIPT-SUPPORTED POSITIONS FOR THE STATE CAPITOL POLICE, TO ALLOW THE USE OF CERTAIN SEIZED AND FORFEITED PROPERTY BY THE DEPARTMENTS OF JUSTICE AND PUBLIC SAFETY, TO TRANSFER FUNDS RELATED TO THE STATE MISDEMEANANT CONFINEMENT PROGRAM, TO ALLOW FOR THE REIMBURSEMENT OF COUNTIES FOR HOUSING AND MEDICAL EXPENSES OF STATE INMATES, AND TO APPROPRIATE FUNDS.
Intro. by McNeill, Boles, Davis.

Status: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House (House action) (May 14 2020)
H 1095

Bill Summaries:

  • Summary date: May 14 2020 - More information

    Part I

    Section 1

    Appropriates $535,465 in recurring funds from the General Fund to the Administrative Office of the Courts (AOC) for the 2020-21 fiscal year. Allocates specified amounts to: the Human Trafficking Commission for one full-time Executive Director position and operating costs; the NC Innocence Inquiry Commission to support one full-time staff attorney, one part-time administrative secretary, and investigative services; and the Sentencing and Policy Advisory Commission to support one full-time research associate.

    Appropriates $3,757,060 in nonrecurring funds from the General Fund to AOC for the 2020-21 fiscal year. Allocates specified amounts for the implementation of the Integrated Case Management System, and the Innocence Inquiry Commission to support one full-time staff attorney, one part-time administrative secretary, and investigative services. 

    Effective July 1, 2020.

    Section 2

    Repeals Section 4(c) of SL 2019-158, which amended GS 15A-151.5 to include expunction records of certain offenses committed by human trafficking victims among the confidential files that the AOC must make electronically available to prosecutors if expunged after July 1, 2018, effective December 1, 2019, and applicable to petitions filed on or after that date. Instead, amends GS 15A-151.5 to enact an identical provision, effective retroactively to December 1, 2019 (with no scope of application provided).

    Section 3

    Requires consent of the Conference of District Attorneys (CDA) for any transfer of funds from the identified District Attorney fund code for the 2019-20 fiscal year.

    Directs the UNC School of Government (SOG) to study the feasibility and cost of creating an Office of Prosecutorial Services (Office). Requires consultation with the CDA, AOC, the Office of Indigent Defense Services, and other relevant stakeholders. Requires a comparison of the State's judicial branch structure to that of other states concerning the organizational placement of prosecutorial services and to also determine the resources and costs of making the Office a viable independent agency. Requires SOG to report to the specified NCGA committees by April 1, 2020.

    Section 4

    Requires AOC to reimburse the CDA for all expenses accrued during the fiscal year of funds expended from the Mortgage Settlement Fund, for the 2019-20 fiscal year and thereafter. Requires that the funds be available in lapsed salary savings of the district attorneys from the amount actually appropriated for that purpose for the reimbursement, otherwise the reimbursement must be paid from the Court Information Technology Fund.

    Part II

    Section 5

    Appropriates $375,000 in recurring funds from the General Fund to the Criminal Justice Fellows Program for the 2020-21 fiscal year to continue to recruit qualified individuals for forgivable community college loans to pursue a law enforcement career in rural counties. Effective July 1, 2020.

    Section 6

    Amends GS 17C-20, expanding the Criminal Justice Fellows Program to include counties with a population of less than 125,000 and counties designated as a development tier one area as eligible counties under the Program (previously, limited to counties with a population of less than 75,000). Applies to Program recipients selected on or after the date the act becomes law.

    Section 7

    Effective December 1, 2020, amends GS 7A-304 to increase court costs for the services, staffing, and operations of the Criminal Justice Education and Standards Commission from $2 to $3. Appropriates the receipts from this increase to Criminal Justice Education and Standards Commission in the 2021-22 fiscal year with requirements increased accordingly, effective July 1, 2021.

    Part III

    Section 8

    Appropriates $2,914,274 in recurring funds from the General Fund to the Department of Public Safety (DPS) for the 2020-21 fiscal year. Allocates specified amounts to: Alcohol Law Enforcement (ALE) to lease additional office space and for eight administrative support positions; Adult Correction and Juvenile Justice to create 32 intermediate inmate substance abuse treatment slots; Adult Correction and Juvenile Justice for positions and case management software, as specified; Division of Emergency Management (DME) for additional support positions for federal grants and operations; and National Guard Tarheel ChalleNGe Academy to support 31 new positions to meet federal staffing regulations.

    Appropriates $64,385 in nonrecurring funds from the General Fund to DPS for the 2020-21 fiscal year. Allocates specified amounts to: DME for additional support positions for federal grants and operations; and National Guard Tarheel ChalleNGe Academy to support 31 new positions to meet federal staffing regulations.

    Effective July 1, 2020.

    Section 9

    Authorizes the State Capital Police to contract with agencies to create receipt-supported positions for agency building security services. Requires the Capital Police to annually report to the specified NCGA committee on all positions in the Capital Police, as specified, and the contract for each receipt-supported position.

    Requires the Capital Police to report the creation of any receipt-supported position for agency building security services to specified NCGA committees and division within 30 days, and report specified information on the position.

    Requires electronic submission of the reports.

    Section 10

    Requires any seized and forfeited assets transferred to the Department of Justice (DOJ) or DPS in the 2019-21 fiscal biennium under federal law to be credited to the recipient's budget and result in an increase of law enforcement resources for that department. Requires the departments to report to the specified NCGA committee chairs upon asset receipt, prior to use of assets, and on receipts, expenditures, encumbrances, and availability of the assets for the previous fiscal year.

    States legislative findings concerning the use of seized and forfeited assets transferred for certain new positions, new projects, real property acquisition, building repair and construction of or additions to buildings, and requires prior legislative approval to use transferred assets for the described purposes.

    Clarifies that State law enforcement agencies are not barred from receiving funds from specified federal agencies.

    Directs the Joint Legislative Oversight Committee to study the impact on State and local law enforcement efforts of the receipt of seized and forfeited assets and report to the 2021 Regular Session of the NCGA.

    Section 11

    Of the funds appropriated for the Statewide Misdemeanant Confinement Program for the 2019-21 biennium, requires $1 million to be transferred in the 2020-21 fiscal year to the NC Sheriffs' Association to support the Program and for the Association's administrative and operating expenses. Also allocates $225,000 of the appropriations to the Division of Adult Correction and Juvenile Justice for the Program's administrative and operating expenses for the 2020-21 fiscal year.

    Section 12

    Authorizes DPS to use available funds for the 2019-21 biennium to reimburse counties for the cost of housing specified individuals involved in the justice system awaiting transfer to the State prison system. Caps reimbursement at $40 per day per prisoner. Directs DPS to quarterly report to the specified NCGA chairs on such reimbursement.


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