REENTRY REFORM/MODIFICATION.

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View NCGA Bill Details2023-2024 Session
House Bill 836 (Public) Filed Thursday, April 20, 2023
AN ACT TO AID IN THE SUCCESSFUL REENTRY OF INCARCERATED PERSONS INTO SOCIETY.
Intro. by Alston, T. Brown, Charles Smith, Morey.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Apr 24 2023)

Bill History:

H 836

Bill Summaries:

  • Summary date: Apr 21 2023 - View Summary

    Amends GS 15A-173.2 which allows an individual who is convicted of no more than (1) three Class H or I felonies and (2) any misdemeanors to petition the court for a Certificate of Relief relieving collateral consequences. Removes from the conditions to be met for the issuance of a Certificate of Relief, the requirement that 12 months have passed since the individual has completed his or her sentence. Applies to Certificates of Relief granted on or after October 1, 2023.

    Appropriates $1 million in recurring funds for each year of the 2023-25 biennium from the General Fund to the Department of Adult Correction for five new Local Reentry Councils, with the location of each determined by the Secretary of Adult Correction. Effective July 1, 2023.

    Enacts new GS 143B-1485 establishing the Basic Needs Fund in the Department of Adult Correction (DAC) and managed by the Division of Community Supervision and Reentry (Division). Requires, beginning January 1, 2024, that the Division give indigent individuals released from the custody of the Department of Adult Corrections monthly stipends for housing, food, clothing, and transportation, for no more than six months following release. The amount and duration of the stipend is dependent upon the individual's indigency and availability of funds. Caps the total amount at $3,000 per individual for each instance in which the individual is released from custody. Requires the Division to develop implementation rules. Allows the Division to use up to $100,000 from the Fund in each fiscal year for implementation. Requires an annual report for each year in which stipends are distributed to the specified NCGA committee on implementation, distribution of stipends, and use of funds. Appropriates $1 million in recurring funds for each year of the 2023-25 biennium from the General Fund to the Basic Needs Fund. Effective July 1, 2023.

    Amends the annual reporting requirement set forth in GS 93B-2(e) of each State agency licensing board to the Secretary of State, specified NCGA committee, and Attorney General to require that the annual report also contain information on the number of applicants with criminal convictions who were granted or denied a license or the renewal thereof because of a conviction or criminal history that is characterized as nonviolent. Effective October 1, 2023, and applies to applications for or denials or renewals of licenses, certifications, or registrations on or after that date.

    Directs the Labor and Economic Analysis Division of the Department of Commerce (LAD) to collect the data described above from all occupational licensing boards and State agency licensing boards and compile a report to be sent to the specified NCGA committee on how many qualified job applicants with nonviolent records are denied issuance or renewal of licensure, registration, or certification due to prior criminal convictions by April 1, 2024, and then annually thereafter for three years. Allows the specified NCGA committee to report any additional data and legislative recommendations to the Regular Session of the 2025 General Assembly and any session thereafter upon receipt of a report from LAD. 

    Amends GS 93B-8.1, pertaining to use of criminal history records by occupational licensing boards, to prohibit a board from denying an applicant a license based on a nonviolent crime, or already listed crime of moral turpitude. Specifies that a board must provide the applicant with notice before running a criminal history check or consumer reporting check and that the check must be done in compliance with the Fair Credit Reporting Act. Effective October 1, 2023, and applies to applications for or denials or renewals of licenses, certifications, or registrations on or after that date.