PRISON SAFETY/TANF STATE PLAN/CLARIFICATIONS. (NEW)

View NCGA Bill Details2019-2020 Session
Senate Bill 118 (Public) Filed Thursday, February 21, 2019
AN ACT CONSISTENT WITH HOUSE BILL 966 OF THE 2019 REGULAR SESSION (1) APPROPRIATING FUNDS TO THE DIVISION OF ADULT CORRECTION AND JUVENILE JUSTICE FOR PRISON SAFETY EQUIPMENT AND INFORMATION TECHNOLOGY SECURITY EQUIPMENT UPGRADES FOR PRISON MANDOWN TECHNOLOGY AND CAMERAS, (2) REQUIRING THE DEPARTMENT OF PUBLIC SAFETY TO REPORT TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY REGARDING THE DEPARTMENT'S PRISON REFORM INITIATIVES, (3) CLARIFYING THAT CERTAIN FUNDS IN HOUSE BILL 966 AND OTHER SALARY AND BENEFITS BILLS ENACTED IN 2019 ARE DESCRIBED AS DEPARTMENTAL RECEIPTS, AND (4) APPROVING THE 2019 TO 2022 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES STATE PLAN.
Intro. by B. Jackson, Krawiec, Ballard.

Status: Ch. SL 2019-223 (Sep 18 2019)

SOG comments (1):

Long title change

 

House committee substitute to the 3rd edition changed the long title. Original title was AN ACT TO IMPROVE DATA COLLECTION AND COST RECOVERY PRACTICES FOR HEALTH CARE SERVICES FOR SAFEKEEPERS, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION COMMITTEE.

Bill History:

S 118/S.L. 2019-223

Bill Summaries:

  • Summary date: Sep 19 2019 - More information

    AN ACT CONSISTENT WITH HOUSE BILL 966 OF THE 2019 REGULAR SESSION (1) APPROPRIATING FUNDS TO THE DIVISION OF ADULT CORRECTION AND JUVENILE JUSTICE FOR PRISON SAFETY EQUIPMENT AND INFORMATION TECHNOLOGY SECURITY EQUIPMENT UPGRADES FOR PRISON MANDOWN TECHNOLOGY AND CAMERAS, (2) REQUIRING THE DEPARTMENT OF PUBLIC SAFETY TO REPORT TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY REGARDING THE DEPARTMENT'S PRISON REFORM INITIATIVES, (3) CLARIFYING THAT CERTAIN FUNDS IN HOUSE BILL 966 AND OTHER SALARY AND BENEFITS BILLS ENACTED IN 2019 ARE DESCRIBED AS DEPARTMENTAL RECEIPTS, AND (4) APPROVING THE 2019 TO 2022 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES STATE PLAN. SL 2019-223. Enacted September 18, 2019. Effective July 1, 2019.


  • Summary date: Sep 10 2019 - More information

    House committee substitute to the 3rd edition deletes the content of the previous edition and replaces it with the following.

    Changes the act's titles.

    Part I.

    Appropriates from the General Fund to the Department of Public Safety (DPS), Division of Adult Correction and Juvenile Justice (Division), $4,471,149 in nonrecurring funds for the 2019-20 fiscal year for the costs associated with implementing the prison safety provisions of the act. Directs use of the funds to the following: $400,000 to purchase additional stab resistant vests and exterior carriers for certified prison staff; $730,937 to erect security netting over prison fence lines to deter and intercept contraband; $216,750 to purchase additional handheld metal detectors to reduce contraband in prison facilities; $675,360 to be used to purchase customizable key lock boxes throughout prison facilities; and $2,448,102 for Information Technology security equipment upgrades for prison mandown technology and cameras. Deems the departmental receipts appropriated for the 2019-20 fiscal year as provided.

    Establishes a quarterly reporting requirement for DPS, beginning November 1, 2019, until the end of the fiscal biennium, to report to the specified NCGA committee on 11 specified prison reform initiatives, including staff training and retention efforts.

    Part II.

    Amends specified sections of HB 966 (Appropriations Act of 2019), SL 2019-208 (Salary Increases/Adult Correctional Employees), SL 2019-209 (Pay Increases/State Employees), SL 2019-210 (Pay Increases/State Highway Patrol), and SL 2019-211 (Pay Increases/SBI & ALE), to refer to departmental receipts appropriated, rather than state funds appropriated as agency receipts. 

    Part III.

    Approves the identified State Plan for Temporary Assistance for Needy Families (TANF) (State Plan), prepared by the Department of Health and Human Services (DHHS), covering the period October 1, 2019, through September 30, 2022, beginning October 1, 2019. Directs DHHS to submit the plan to the US Department of Health and Human Services. Designates Beaufort, Caldwell, Catawba, Lenoir, Lincoln, Macon and Wilson counties as approved Electing Counties in the State Plan, as approved. Requires counties that submitted the letter of intent to remain as an Electing County or to be redesignated as an Electing County and the accompanying county plan for years 2019-22 to operate under the Electing County budget requirements effective July 1, 2019, and remain under their current county designation through September 30, 2022. Holds harmless, for each year of the fiscal biennium, Electing Counties regarding their Work First Family Assistance allocations for the 2019-20 fiscal year, so long as the remaining funds allocated for the Work First Family Assistance and Work First Diversion Assistance are sufficient for payments made by DHHS on behalf of Standard Counties. Allows DHHS to deallocate funds in the event such remaining funds are insufficient, subject to approval by the Office of State Budget and Management and reporting requirements. 

    Part IV.

    Repeals Sections 9I.2 (TANF Benefit Implementation) and 18.15 (Prison Reform Report) of HB 966 (Appropriations Act of 2019) if that act becomes law.

    Provides that if any provision of this act and GS 143C-5-4 (enactment deadline; procedures to be followed when the Current Operations Appropriations Act does not become law prior to the end of certain fiscal years) are in conflict, the provisions of this act prevail. Provides that the appropriations and the authorizations to allocate and spend funds set out in this act remain in effect until the Current Operations Appropriations Act for the applicable fiscal year becomes law, at which time that act becomes effective and governs appropriations and expenditures. 

    Part V.

    Effective July 1, 2019.


  • Summary date: May 6 2019 - More information

    Senate amendment #1 makes the following changes to the 2nd edition.

    Amends proposed GS 148-19.3 to eliminate the requirement for the Department of Public Safety to notify the county sheriff of the potential Medicaid eligibility of county prisoners housed in the State prison system under safekeeping orders who receive health care outside the prison. Retitles the statute.


  • Summary date: Apr 18 2019 - More information

    Senate committee substitute to the 1st edition makes the following changes.

    Amends GS 162-39.

    Limits a safekeeping order transferring a prisoner to a unit of the State prison system to an initial period not to exceed 30 (was, 15) days and makes conforming changes. When making a request to extend the order beyond that period, requires the sheriff to give the court the Division of Adult Correction and Juvenile Justice assessment as well as any other relevant information.

    Prohibits the DPS Secretary from refusing to accept a safekeeper because a county has failed to pay DPS for services rendered under the statute [was, may refuse from a county that: (1) has failed to pay DPS for services rendered pursuant to the statute for 120 days or more or (2) does not participate in the Statewide Misdemeanant Confinement Program by receiving misdemeanants for housing (excluding counties determined to be filled to capacity pursuant to GS 148-32.1(b4)]. Allows the specified fee to be charged for each day a sheriff fails to assume custody of a county prisoner from a State prison facility after ten (was, five) days of receiving notification and request for transfer from DPS; allows an exemption from the fee for instances when the sheriff has obtained an extension of the order because the inmate cannot be safely housed in the local jail.

    Amends GS 148-19.3 to now provide that for county prisoners housed in the State prison system under safekeeping orders who receive health care outside the prison, DPS must notify the county sheriff of the potential Medicaid eligibility of the safekeeper given data available. Requires charges that are the responsibility of the transferring county for health care services to not be paid by DPS and to be submitted by the health care provider to the Inmate Medical Costs Management Plan for the Plan to review and negotiate all charges. Requires notifying the provider when services are being provided that the invoice is to be submitted directly to the Plan; if the invoice is sent to DPS, DPS must forward the invoice to the Plan within three days. 

    Makes additional clarifying and technical changes. 


  • Summary date: Feb 21 2019 - More information

    Identical to H 108, filed 2/19/19.

    Amends GS 162-39 concerning the transfer of county jail prisoners for safety and security. 

    Adds new requirement for the Department of Public Safety (DPS), Health Services Section (HSS), to maintain records of prisoners transferred to a State prison from a county jail pursuant to the statute, utilizing unique identifiers for each transfer and recording data as specified. Modifies the county’s current duty to reimburse the state for transferred prisoners for the cost of maintaining the prisoner and the cost of extraordinary medical care incurred while in the Division of Adult Correction and Juvenile Justice (Division) custody, to now require the county to pay the Division for the costs of maintaining the prisoner and the costs of medical care (was, extraordinary medical care) incurred while in the Division’s custody. Adds to the defined costs for State reimbursement to include (1) transportation and custody costs associated with the transfer of prisoners receiving health care outside of the prison facility and (2) cost of sick call encounters at the rate charged to State prison inmates. Adds that the county must reimburse the State for services provided to transferred prisoners at the mileage reimbursement rate and hourly custody rate that are reimbursed by the Statewide Misdemeanant Confinement Program. 

    Limits a safekeeping order transferring a prisoner to a unit of the State prison system to an initial period not to exceed fifteen days (currently, there is no such limitation). Adds that a sheriff seeking to extend the order beyond the initial fifteen-day period must request the Division to conduct an assessment of treatment and venue needs, to be conducted as specified, and provide the assessment to the court to determine whether to extend the transfer beyond the initial period. Makes conforming changes. 

    Prohibits the DPS Secretary from accepting a safekeeper for medical or mental health treatment from a county that: (1) has failed to pay DPS for services rendered pursuant to the statute for 120 days or more or (2) does not participate in the Statewide Misdemeanant Confinement Program by receiving misdemeanants for housing (excluding counties determined to be filled to capacity pursuant to GS 148-32.1(b4)).

    Makes a county liable to the State for an additional per day, per inmate rate not exceeding $20 per day for each day a sheriff fails to assume custody of a county prisoner from a State prison facility after five days of receiving notification and request for transfer from DPS pursuant to new GS 149-19.3(a) (in addition to the actual transport and maintenance costs per day, per inmate). Authorizes the HSS chief to waive up to ten days of the additional per day rate if the sheriff provides documentation of extenuating circumstances. 

    Makes organizational and technical changes. Makes language gender neutral. 

    Enacts GS 149-19.3, requiring DPS to determine Medicaid eligibility and ensure applications are completed and submitted for county prisoners housed in the State prison system pursuant to safekeeping orders under GS 162-39. Requires documentation and presentation of nonreimbursed charges for health care services to the county for payment pursuant to GS 162-39. Requires DPS to notify the sheriff or the sheriff’s designee by phone or email and request transfer to county custody upon the expiration of the order’s terms and a safety determination. Further requires DPS to annually update the medical services schedule of charges assessed to counties for the provision of health care services to county prisoners housed in the State prison system pursuant to safekeeping orders, considering the actual rate for services provided and the current established Medicaid rates. Directs DPS to assess charges to counties for health care services provided to county prisoners at all State prison facilities. Directs DPS to submit a report on the updated schedule to the specified NCGA Committee on or before December 1, 2019. 

    Effective July 1, 2019.


Printer-friendly: Click to view