Bill Summary for S 501 (2021-2022)

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Summary date: 

Apr 5 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 501 (Public) Filed Thursday, April 1, 2021
Intro. by Daniel, Britt, Steinburg.

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Bill summary

Part I.

Establishes the Department of Adult Correction (DAC) as a single, unified cabinet-level department; makes conforming changes to GS 143B-6. Transfers and consolidates the functions, powers, duties, and obligations vested in the following programs, divisions, and entities currently located in the Department of Public Safety, to DAC as a Type I transfer: (1) Prisons Section, (2) Alcohol and Chemical Dependency Treatment Program (except the DART-Cherry and the Black Mountain Substance Abuse Treatment Center for Women), (3) Health Services Section, and (4) Correction Enterprises Section. Transfers the Grievance Resolution Board to DAC as a Type II transfer. Amends GS 143B-2 to make DAC subject to the Executive Organization Act of 1973. Amends GS 126-5 to include DAC among those departments to which the Governor may designated a total of 425 positions that are exempt from the NC Human Resources Act. 

Enacts new Article 16, Department of Adult Correction, in GS Chapter 143B. Establishes DAC to perform executive branch functions in relation to the detention and correction of adult offenders. Sets out the duties of the Secretary of the Department of Adult Corrections and defines terms for use in the Article. 

Recodifies GS 143B-707.3 (Medical costs for inmates and juvenile offenders) of Subpart A of Part 2 of Article 13 so that it is now under Part 1 of new Article 16. Repeals GS 143B-711 (concerning the organization of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety). Recodifies statutes throughout Part 1A of Article 13 and Subpart A of Part 2 of Article 13 under new Parts 2 and 3 of Article 16. Amends Parts 1-10 of Article 16 of GS Chapter 143B, including those newly recodified statutes, by assigning specified existing Department of Public Safety duties to DAC; removes references to juvenile offenders and deletes outdated language. Makes those same changes to new Part 3 of Article 16, concerning inmate medical Costs and Medicaid services. Places responsibility for various duties, including Medicaid services, under the DAC's Division of Health Services.

Amends GS 143B-1454 to transfer and vest all functions, powers, duties, and obligations currently vested in the State Department of Correction and Commission of Correction to the Division of Prisons of DAC. Makes conforming changes throughout new Part 2 of Article 16. Removes the duty of aftercare supervision.

Transfers reporting duties under GS 143B-1476 from the Department of Public Safety to the Department of Adult Correction and Juvenile Justice. 

Amends specified statutes throughout the following GS Chapters by making conforming changes: 1, 7A, 14, 15, 15A, 15B, 17C, 20, 58, 62, 65, 66, 108A, 122C, 16, 127A, 130A, 131E, 143, 146, 147, 148, 150B, 153A, 160A, 162, 163, and 164.

Part II. 

Repeals GS 143B-601(10), which gave the Department of Public Safety (DPS) power to carry out the relevant provisions of Part 2 of Article 13 (DPS) of GS Chapter 148, GS Chapter 15, GS Chapter 15A, and other provisions of the General Statutes governing the provision of necessary custody, supervision, and treatment to control and rehabilitate criminal offenders and thereby reduce the rate and cost of crime and delinquency. Amends GS 143B-604 to require a representative from the Division of Community Corrections of DPS (was, Division of Adult Correction and Juvenile Justice) to serve on the State Reentry Council Collaborative.

Renames the Juvenile Justice Section as the Division of Juvenile Justice and keeps it within DPS. Makes conforming changes throughout Part 3 of Article 13 of GS Chapter 143B. Also makes conforming changes to statues throughout the following GS Chapters: 7A, 7B, 14, 15, 15A, 66, 106, 114, 115C, 115D, 122C, 126, 143B, 148, 153A, and 162 .

Renames the Division of Adult Correction and Juvenile Justice as the Division of Community Corrections. Keeps it within DPS. Makes conforming changes, including changes throughout the following GS Chapters: 7B, 14, 15, 15A, 20, 50, 105, 115C, 135, 143B, and 148. 

Part III.

Makes conforming changes to the following by updating Division and Department duties and references: GS 7B-1402, GS 7B-2517, GS 14-196.3, GS 14-415.10, GS 15A-521, GS 15A-1340.18, GS 15A-1343, GS 15A-1343.2, GS 15A-1351, GS 15A-1368.6, GS 15A-1376, GS 115D-5, GS 115C-112.1, Part 10 of Article 5 of GS Chapter 12C, GS 122C-421, GS 143-138, GS 143-166.1, GS 143-166.2, GS 143-166.7, GS 143-166.13, GS 143B-179, GS 148-4.1, GS 148-29, GS 148-32.3, GS 148-40, GS 148-128, GS 150B-1, GS 153A-218, GS 162-39, GS 164-40, GS 164-43, and GS 164-47.

Amends GS 15A-2000 to include in aggravating circumstances instances when a capital felony was committed against an employee of the Division of Community Corrections or Division of Prisons (was, employee of the Division of Adult Correction and Juvenile Justice). 

Amends GS 17C-3 by including the Secretary of Adult Correction in the membership of the NC Criminal Justice Education and Training Standards Commission. 

Amends GS 120-12.1 by including DAC in those that must report to the specified NCGA committees and subcommittees on positions that have remained vacant for 12 months or more.

Amends GS 143B-1100 to include the Secretary of DAC in the membership of the Governor's Crime Commission. 

Appropriates $5.4 million in recurring funds for the 2021-23 biennium, and $1.6 million in nonrecurring funds for 2021-22 from the General Fund to DAC.

Effective July 1, 2021.