Bill Summary for S 118 (2019-2020) (2019-2020)

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Summary date: 

Apr 18 2019

Bill Information:

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.

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Bill summary

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.