PRISON REFORM ACT OF 2019.

View NCGA Bill Details2019-2020 Session
Senate Bill 579 (Public) Filed Wednesday, April 3, 2019
AN ACT AUTHORIZING THE JOINT LEGISLATIVE PROGRAM EVALUATION COMMITTEE TO DIRECT THE PROGRAM EVALUATION DIVISION TO STUDY ALTERNATIVE ORGANIZATION AND MANAGEMENT STRUCTURES FOR THE DIVISION OF ADULT CORRECTION AND JUVENILE JUSTICE OF THE DEPARTMENT OF PUBLIC SAFETY.
Intro. by Steinburg, McKissick, Sanderson.

Status: Ch. SL 2019-236 (Nov 1 2019)

SOG comments (1):

Long title change

Senate committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO CREATE THE DEPARTMENT OF CORRECTION AND THE DEPARTMENT OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION, TO MAKE CONFORMING CHANGES, AND TO APPROPRIATE FUNDS.

Bill History:

S 579/S.L. 2019-236

Bill Summaries:

  • Summary date: Nov 13 2019 - More information

    AN ACT AUTHORIZING THE JOINT LEGISLATIVE PROGRAM EVALUATION COMMITTEE TO DIRECT THE PROGRAM EVALUATION DIVISION TO STUDY ALTERNATIVE ORGANIZATION AND MANAGEMENT STRUCTURES FOR THE DIVISION OF ADULT CORRECTION AND JUVENILE JUSTICE OF THE DEPARTMENT OF PUBLIC SAFETY. SL 2019-236. Enacted November 1, 2019. Effective November 1, 2019.


  • Summary date: Oct 9 2019 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Modifies the directives set forth regarding the Program Evaluation Division's study of alternative organization and management structures of the Division of Adult Correction and Juvenile Justice (Division) of the Department of Public Safety (DPS). Requires the Program Evaluation Division (PED) to also consult with the Fiscal Research Division in addition to DPS.

    Modifies the four identified alternatives to be studied. No longer includes a transfer of the authority, powers, duties, and functions of the Treatment of Effective Community Supervision Program and the Justice Reinvestment Council in the first and third identified alternatives for creating the Department of Correction and establishing the Division of Correction. Additionally, consistently refers to creating the Department of Juvenile Justice and Delinquency Prevention throughout the second identified alternative (previously, also referred to as the Department of Juvenile Justice). Modifies the fourth identified alternative to provide for the establishment of the Division of Juvenile Justice and Delinquency Prevention (previously, the Division of Juvenile Justice). Makes further clarifying, organizational, and technical changes to the fourth identified alternative. Adds a fifth alternative to be studied: establishment of the Division of Adult Correction and Juvenile Justice. Details the transfer of authorities, powers, duties, and functions involved in this alternative. Provides that the new Division would be an independent agency, administratively located in DPS, and managed under the direction and supervision of the Director who would serve as chief executive officer of the Division and be solely responsible for the Division's management.

    Also modifies and adds to the information to be studied for each of the five identified alternatives. Adds an analysis of the separation of specified support areas and any other necessary aspects to the organization information to be studied for each alternative. Adds an analysis of the financial means necessary to cover the structural budget of each function currently and under any proposed alternative to the budget information required to be included in the study for each alternative. Regarding the written statement of all relevant considerations required to be included for each identified alternative in the study, adds a new requirement for the inclusion of any impact separation might have on coordination and cooperation between agencies concerning intelligence sharing, joint law enforcement operations, and training. Adds a new requirement for a cost analysis to be included in the study for each identified alternative, specifically including the full cost of a new department of division, inclusive of indirect costs, and the cost to fund incentive programs and address any structural budget deficits. 

    Changes the date by which PED must submit its findings to the specified NCGA committees, from May 1, 2020, to November 1, 2020.

    Makes conforming changes.


  • Summary date: Jun 26 2019 - More information

    Senate committee substitute to the 1st edition deletes the content of the previous edition and replaces it with the following.

    Requires the Joint Legislative Program Evaluation Oversight Committee to include in the Program Evaluation Division's (PED) 2019-20 Work Plan a study of alternative organizational and management structures for the Division of Adult Correction and Juvenile Justice of the Department of Public Safety (Department). Requires PED, in consultation with the Department, to examine the creation of the Department of Correction, the creation of the Department of Juvenile Justice, the establishment of the Division of Correction, and the establishment of the Division of Juvenile Justice, with details specified for each of those alternatives. Requires that the study include each of the following for those four specified alternatives: organizational structure and personnel, proposed budget, all relevant considerations regarding each alternative including a summary of why each option should and should not be adopted and an explanation of how the alternative could result in the most effective and efficient delivery of services and programs, and implementation details. Requires PED to submit its findings and recommendations to the Joint Legislative Program Evaluation Oversight Committee and the Joint Legislative Oversight Committee on Justice and Public Safety by May 1, 2020. Makes conforming changes to the act's long title. 


  • Summary date: Apr 8 2019 - More information

    Part I.

    Establishes the Department of Correction (DOC) as a cabinet-level department. Provides that all functions, powers, duties, and obligations vested in the following (currently located in the Department of Public Safety) are transferred to, vested in, and consolidated within DOC: (1) Community Corrections Section of the Division of Adult Correction and Juvenile Justice; (2) Post-Release Supervision and Parole Commission; (3) Treatment for Effective Community Supervision Program; and (4) Justice Reinvestment Council. Amends GS 143B-2 to make the Executive Organization Act of 1973 applicable to DOC. Amends GS 143B-6 by adding DOC to those principal departments vested with executive and administrative powers, duties, and functions. Amends GS 126-5 to add DOC to those departments to which the Governor may designate exempt positions.

    Repeals Part 1A of Article 13 of GS Chapter 143B (Division of Adult Correction and Juvenile Justice).

    Enacts new Article 16, Department of Correction, in GS Chapter 143B, with Part 1 devoted to organization. Establishes the DOC, to perform all functions of the executive branch of the State in relation to correction and the rehabilitation of adult offenders, including detention, parole, and aftercare supervision, and further including those prescribed powers, duties, and functions enumerated in the laws of this state. Sets the Secretary of the Department of Correction (Secretary) as the head of DOC. Enumerates four duties of DOC, including establishing the Alcoholism and Chemical Dependency Treatment Program, and establish, in consultation with the Domestic Violence Commission, a domestic violence treatment program for offenders sentenced to a term of imprisonment in DOC’s custody and whose official record includes a finding that the offender committed acts of domestic violence Sets out and defines terms used in the Article.

    Repeals GS 143B-701 (setting out the duties of the Division of Adult Correction and Juvenile Justice); GS 143B-702 (directing the Division of Adult Correction and Juvenile Justice of the Department of Public Safety to adopt rules and regulations related to specified issues); GS 143B-704 (setting out functions of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety with respect to adults); and GS 143B-711 (concerning the organization of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety). Recodifies the statutes remaining in Subpart A (Division of Adult Correction general provisions) of Part 2 of Article 13 of GS Chapter 143B as Part 2 of new Article 16 of GS Chapter 143B. Recodifies Subpart C (Parole Commission) of Part 2 of Article 13 of GS Chapter 143B as Part 3 of new Article 16. Recodifies Subpart B (State Capitol Police Division; possibly intends Subpart Treatment for Effective Community Supervision Program located in Subpart B of Part 6) of Part 4 of Article 13 of GS Chapter 143B as Part 4 of new Article 16.

    Makes conforming changes to the recodified statutes by replacing duties assigned to the Division of Adult Correction and Juvenile Justice with the Secretary and DOC. Also assigns Department of Public Safety responsibilities to the DOC in the recodified statutes. Makes additional clarifying and technical changes.

    Amends GS 143B-1457 by making the Secretary responsible for establishing the Alcoholism and Chemical Dependency Treatment Program, which is to consist of a continuum of treatment and intervention services for inmates, established in medium and minimum custody prison facilities, for probationers and parolees, established in community-based residential treatment facilities.

    Amends GS 143B-1465, concerning medical costs for inmates and juvenile offenders, by removing references to juvenile offenders. Deletes outdated reporting requirement.

    Amends specified statutes to replace Department of Public Safety with DOC; replace Division of Adult Correction and Juvenile Justice of the Department of Public Safety with DOC; replace Secretary of Public Safety with Secretary of DOC; replace Section of Community Corrections of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety with DOC; replace Section of Community Corrections of the Division of Adult Correction and Juvenile Justice with DOC; Section of Community Corrections with DOC; replace Section of Prisons of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety with DOC; Section of Prisons of the Division of Adult Correction and Juvenile Justice with DOC; and Section of Prisons with DOC.

    Part II.

    Establishes the Department of Juvenile Justice and Delinquency Prevention (DJJDP) as a cabinet-level department. Provides that all functions, powers, duties, and obligations vested in the following (currently located in the Department of Public Safety) are transferred to, vested in, and consolidated within DJJDP: (1) Juvenile Justice Section in the Division of Adult Correction and Juvenile Justice; (2) Teen Court; (3) Youth Development Center; (4) Juvenile Court Services; and (5) Juvenile Crime Prevention Councils. Amends GS 143B-2 to make the Executive Organization Act of 1973 applicable to DJJDP. Amends GS 143B-6 by adding DJJDP to those principal departments vested with executive and administrative powers, duties, and functions. Amends GS 126-5 to add DJJDP to those departments to which the Governor may designate exempt positions.

    Adds new Article 17, Department of Juvenile Justice and Delinquency Prevention, in GS Chapter 143B. Repeals Subpart A of Part 3 of Article 13 of GS Chapter 143B, which created the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. Recodifies the following Subparts of Part 3 of Article 13 of GS Chapter 143B: Subpart B (general provisions related to the Section), Subpart C (Juvenile Facilities); Subpart D (Juvenile Court Services), Subpart E (Comprehensive Juvenile Delinquency and Substance Abuse Prevention Plan), and Subpart F (Juvenile Crime Prevention Councils).Places Parts 1-6 of new Article 17 under Part 1, concerning organization. Establishes the Department of Juvenile Justice and Delinquency Prevention to perform all functions of the executive branch of the State in relation to the provision of services to juveniles, both protective for those juveniles found to be undisciplined or delinquent and preventative to reduce the rates of delinquency. Sets the Secretary of DJJDP (Secretary) as the head of the Department.

    Makes conforming changes to the recodified statutes by replacing duties assigned to the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice with the Secretary and DJJDP. Also assigns Department of Public Safety responsibilities to the DJJDP in the recodified statutes. Makes additional clarifying and technical changes.

    Enacts new GS 143B-1515 requiring DJJDP to reimburse providers and facilities providing approved medical services to juvenile offenders outside juvenile facilities the lesser of either (1) 70% of the provider’s then-current prevailing charge or (2) two times the then-current Medicaid rate for any given service. Exempts vendors providing services that are not billed on a fee-for-service basis. Require DJJDP to make every effort to contain medical costs for juvenile offenders by using its own hospital and health care facilities to care for offenders. If other facilities or service must be used, requires DJJDP to make efforts to use those with which it has a contract, or if none are reasonably available, then with hospitals with available capacity or other health care facilities in a region. Requires DJJDP to report quarterly to the Joint Legislative Oversight Committee on Justice and Public Safety and the Chairs of the Justice and Public Safety Appropriations Committees on seven specified issues related to medical care of juvenile offenders.

    Amends specified statutes to replace Department of Public Safety with DJJDP; replace Division of Adult Correction and Juvenile Justice of the Department of Public Safety with DJJDP; replace Secretary of Public Safety with Secretary of DJJDP; and replace Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety with DJJDP.

    Part III.

    Makes additional conforming changes by updating references to DOC and DJJDP in GS 66-58, GS 14-258.7, GS 17C-3, GS 120-70.94, GS 143-166.1, GS 143-166.2, GS 143-166.7, GS 143-166.13, and GS 143B-1100.

    Part IV.

    Appropriates $1.6 million for 2019-20 and 2020-21 from the General Fund to DOC for additional managerial positions.

    Appropriates $1.6 million for 2019-20 and 2020-21 from the General Fund to DJJDP for additional managerial positions.

    The act is effective July 1, 2019.


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