Bill Summary for H 561 (2021-2022)
|View NCGA Bill Details||2021|
AN ACT TO EXPAND THE RIGHTS OF APPEAL PURSUANT TO INSPECTIONS OF LOCAL CONFINEMENT FACILITIES.Intro. by Greene, Stevens, McNeill, Miller.
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Amends GS 153A-222, which governs the inspections of local confinement facilities. Requires that Department of Health and Human Services (DHHS) inspectors must include in their written reports each way in which the facility is alleged to be deficient (was, each way in which the facility does not meet the minimum standards under GS 153A-221). Now requires the governing body to consider the inspection report and, within 30 days of receiving the report, initiate any action necessary to bring the facility into conformity with the minimum standards published pursuant to GS 153A-221, or request a contested case hearing regarding any or all findings in the report (previously, required the governing body to consider the report at its next regular hearing following receipt and promptly initiate action necessary to conform to the minimum standards). Enacts a new subsection authorizing a local government, sheriff, or other administrator of a local confinement facility to request a contested case hearing regarding findings in the report in accordance with the Administrative Procedure Act, with appeals also governed by the APA. Makes technical changes to refer to inmate throughout the statute, rather than patient, resident, client, or gender specific pronouns. Makes clarifying changes.
Directs DHHS to adopt temporary implementing rules, and permanent rules by October 1, 2022.
Effective October 1, 2021.