Bill Summaries: H593 JCPC/DETENTION/CAA AND OTHER FEES. (NEW)

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  • Summary date: Jul 2 2020 - More information

    AN ACT TO MAKE VARIOUS MODIFICATIONS TO THE GENERAL STATUTES RELATED TO JUVENILE CRIME PREVENTION COUNCILS, INDIVIDUALS UNDER EIGHTEEN IN CUSTODY, THE STATEWIDE MISDEMEANANT CONFINEMENT PROGRAM, CRIMINAL COURT FEES, AND RADIOLOGICAL EMERGENCY PLANNING FEES; TO APPROPRIATE FUNDS; TO CREATE A REGISTRY REQUIREMENT REVIEW FOR CERTAIN SEX OFFENDERS; AND TO CLARIFY DECLARATION PUBLICATION. SL 2020-83. Enacted July 1, 2020. Effective July 1, 2020, except as otherwise provided.


  • Summary date: Jun 25 2020 - More information

    Conference report makes the following changes to the 5th edition.

    Part VI

    Modifies new GS 14-208.12B(a), requiring the sheriff to notify a person required to register as a sex offender of the right to petition for a judicial determination of the requirement. Specifies that notification must be served on the person and the district attorney as provided in Rule 4(j) of the NC Rules of Civil Procedure or delivered by any other means that the person consented to in writing. 

    Amends Section 11.5(c), requiring the State Bureau of Investigation to provide each district attorney with a list of class members residing in the district attorney’s jurisdiction who are subject to the federal court order in Grabarczyk v. Stein. Now requires an elected District Attorney to decide to handle each case or have the Attorney General handle the case. Provides that if requested by an elected District Attorney, the Attorney General must make preliminary determinations and represent the State in any proceedings created by the Section. Makes further conforming and clarifying changes. 

    Makes a technical correction in Section 11.5(d).

    Part VII

    Amends the proposed changes to GS 166A-19.31(d) requiring publication of a state of emergency declaration issued by a municipality or county to include both conspicuously posting a signed copy of the declaration on the jurisdiction’s website if the jurisdiction has one and submitting a signed copy of the declaration to the Department of Public Safety WebEOC critical incident management system, at minimum. 

    Part VIII

    Repeals Part V of the act (Radiological Emergency Planning) if HB 635 becomes law.

    Makes conforming organizational changes. 


  • Summary date: Jun 24 2020 - More information

    Senate amendments make the following changes to the 4th edition.

    Senate amendment #1 makes the following changes to Section 11.5 of the act.

    Modifies new GS 14-208.12B(a) requiring the sheriff to notify a person required to register as a sex offender of the right to petition for a judicial determination of the requirement. Requires the notification to be served on the person and the district attorney. Clarifies that the superior court judge who conducts judicial review of the petition be the judge presiding in the district where the petition is filed, rather than the county.

    Modifies new GS 14-208.12B(b) to delete the requirement that a hearing on a petition be held not less than three weeks and no later than 120 days from the filing of the petition, and adds requirement that prior to the hearing the petitioner be advised of the right to have counsel present at the hearing and appointed if the petitioner is indigent. Requires counsel be appointed under rules adopted by the Office of Indigent Defense Services.

    Modifies new GS 14-208.12(B)(i) to clarify that liability immunity granted under this subsection applies to performance of official duties under the Article (was, section).

    Amends GS 7A-451(a) to enact a new subdivision (19) to provide a right of appointed counsel for judicial review of sex offender registration requirements under new GS 14-208.12B.

    Adds a new Section 11.5(c) requiring the State Bureau of Investigation to provide each district attorney with a list of class members residing in the district attorney’s jurisdiction who are subject to the federal court order in Grabarczyk v. Stein. Requires district attorneys to review the prior substantially similar determinations for persons on this list to determine if any person’s out-of-state or federal conviction would have required registration as a sex offender at the time of the offense, to notify those persons and the sheriff, and to petition the court for judicial review of the registration requirements.

    Requires the Department of Public Safety to notify any person registered as a sex offender on August 1, 2020, whose registration is based solely on a substantially similar determination for an out-of-state or federal conviction of the right to contest the determination.

    Adds a new Section 11.5(e) making Section 11.5 of the act effective August 1, 2020, and applies to any individual notified of the right to contest required sex offender registration on or after that date.

    Senate amendment #2 makes the following changes to Section 11.7 of the act.

    Modifies the amendment to GS 166A-19.31(d) to clarify that publication of a state of emergency declaration issued by a municipality or county shall include both conspicuously posting a signed copy of the declaration on the jurisdiction’s website if the jurisdiction has one and submitting a signed copy of the declaration to the Department of Public Safety WebEOC critical incident management system, at minimum.


  • Summary date: Jun 23 2020 - More information

    Senate committee substitute to the 3rd edition makes the following changes.

    Adds new Part VI, enacting GS 14-208.12B to require a sheriff who suspects that a person is required to register as a sex offender based on a reportable conviction based on either an out-of-state conviction or a federal conviction that is substantially similar to a North Carolina sexually violent offense, or an offense against a minor, to notify the person of the right to petition the court for a judicial determination of the requirement to register; review is limited to whether the out-of-state or federal conviction is substantially similar to a reportable conviction. Sets out the process for submitting the petition. Requires the hearing to be scheduled at the next regularly scheduled term of Superior Court in the District no less than three weeks from filing of the petition and no later than 120 days from filing of the petition. If the person does not register or file the form within 30 days of receiving notification of the requirement to register the person, judicial review is deemed waived. 

    Specifies that the district attorney has the burden to prove by a preponderance of the evidence, that the person's out-of-state or federal conviction is final, and for an offense, which if committed in North Carolina, was substantially similar to a sexually violent offense or an offense against a minor. Requires the judge, if the burden is met, to make a finding that the offense is substantially similar, and registration is required. Provides that the notified person is not required to register and may not be charged with failure to register or any other violation applicable to registrants until the presiding superior court judge rules on the petition and orders that the notified person register under the State's sex offender registration program or until 30 days has lapsed since notification of the requirement to register by the sheriff.

    Makes failure to file a petition under the new provision and not registering a Class F felony.

    Specifies that this process may not be used in lieu of the process in GS 14-208.12A to terminate the registration period.

    Provides employees of a Sheriffs' Office, District Attorney's Office, and the NC State Bureau of Investigation with civil and criminal liability when performing their official duties under this statute.

    Applies to individuals notified to register on or after August 1, 2020.

    Adds new Part VII, amending GS 166A-19.31 to require municipalities and counties to submit notice and a signed copy of any adopted emergency declaration to the Division of Management using the State crisis management software, as well as posting a signed copy of the declaration on their website, if applicable.

    Makes conforming changes to the act's long title.


  • Summary date: Jun 19 2020 - More information

    Senate committee substitute to the 2nd edition makes the following changes.

    Revises the long title to refer to the misdemeanant confinement program (was, misdemeanor confinement program). Makes conforming changes throughout.

    Revises several proposed changes set out in Section 8 to provide that if a juvenile who is confined in a facility turns 18 while in custody, custody of the juvenile may be transferred from the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice to the appropriate sheriff. Amends the following statutes accordingly: GS 15A-521; GS 15A-1343(a1)(3); GS 15A-1343.2(e)(5) and (f)(6); GS 15A-1344(d2) and (e); GS 15A-1351(a); and GS 15A-1352(a) and (f).

    Amends Section 8(c) to make further conforming changes to GS 15A-521(c)(3) regarding release orders. 

    Amends Section 8(l) to make technical and clarifying changes to the proposed revisions in GS 148-13 regarding earned time and good credits.

    Amends Section 8(p) to extend the effective date for the revisions in Section 8 related to juvenile detention from July 1, 2020, to August 1, 2020.


  • Summary date: Jun 18 2020 - More information

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

    Replaces the 1st edition entirely and adds new provisions making various changes relating to juvenile crime prevention councils, juvenile detention, misdemeanor confinement transfers for medical treatment, court appointed counsel fees, indigent defense services, criminal justice training and standards commission, radiological emergency planning fees, and to appropriate funds.

    Part I. Juvenile Crime Prevention Councils

    Section 1 amends GS 143B-811 to change the Department of Public Safety’s evaluation of community programs and group homes to evaluation of intensive intervention services. Defines intensive intervention services as evidence-based or research-supported community-based or residential services for juveniles designed to prevent commitment to a youth detention center or to facilitate successful community reentry following release from commitment.

    Section 2 amends GS 143B-846(a) to modify appointments to county Juvenile Crime Prevention Councils to (1) authorize the appointed chief of police’s designee to serve on the council and (2) increase the age of youth representatives on the council from under the age of 18 to under the age of 21 or, in the alternative, to allow one member under the age of 18 and one member of the public representing the interests of families of at-risk juveniles. Makes other technical changes.

    Section 3 amends GS 143B-849 to make technical changes to the meeting and quorum requirements for Juvenile Crime Prevention Councils.

    Section 4 amends GS 143B-851 to make technical changes to the powers and duties of Juvenile Crime Prevention Councils, and require biennial rather than annual review of juvenile needs.

    Section 5 recodifies and amends GS 143B-1104. Adds new subdivision (a)(5) to allow the Division of Adult Correction and Juvenile Justice (Division) to award grants for services it determines are effective for juvenile delinquency and recidivism prevention on a 2-year funding cycle. Amends subsection (c) to change reports on community demonstration programs to reports on intensive intervention services. Defines intensive intervention services as evidence-based or research-supported community-based or residential services for juveniles designed to prevent commitment to a youth detention center or to facilitate successful community reentry following commitment. Makes other technical changes.

    Section 6 requires funds appropriated to the Division for the 2019-21 biennium for grants to Juvenile Crime Prevention Councils to be used for intensive intervention services. Requires the Division to conduct a competitive award process to determine the allocation of funds to counties and to select the most effective evidence-based or research-supported methods for meeting juvenile offender needs consistent with criteria enumerated in the act.

    Section 7 makes Sections 1, 2, 3, and 4 effective December 1, 2020; makes Sections 5, 6, and 7 effective July 1, 2020.

    Part II. Juvenile Detention

    Section 8(a) amends GS 7A-109.3 by adding a new subsection (a1) requiring the clerk of superior court to furnish a signed order of commitment to a detention facility approved by the Juvenile Justice Section of the Division within 48 hours of a district court sentencing a person under the age of 18 to imprisonment and commitment.  Adds a new subsection (b1) imposing the same requirement for sentences of persons under the age of 18 imposed by a superior court.

    Section 8(b) amends GS 15-6 to require persons under the age of 18 be imprisoned in a detention facility approved by the Juvenile Justice Section of the Division or a hold-over facility.

    Section 8(c) amends GS 15A-521(a) to require that pre-trial detainees under the age of 18 be committed to a detention facility approved by the Juvenile Justice Section of the Division or a hold-over facility.  Makes technical conforming changes to reference personnel of the Juvenile Justice Section or personnel approved by the Section for receipt and transport of detainees under the age of 18.

    Section 8(d) amends GS 15A-1301 requiring persons sentenced to imprisonment who are under the age of 18 be committed to a detention facility approved by the Juvenile Justice Section of the Division. Authorizes temporary confinement in a hold-over facility as defined in GS 7B-1501(11) pending transfer to a juvenile detention facility. Requires transport by personnel of the Juvenile Justice Section or personnel approved by the Section.

    Section 8(e) amends GS 15A-1343(a1)(3) to require that, if submission to a period of confinement is imposed as a condition of community or intermediate punishment for persons under the age of 18, the confinement be in a detention facility approved by the Juvenile Justice Section of the Division or a hold-over facility.

    Section 8(f) amends GS 15A-1343.2(e) to require that if the Division requires an offender under the age of 18 sentenced to community punishment to submit to a period of confinement, the confinement be in a detention facility approved by the Juvenile Justice Section of the Division or a hold-over facility.

    Section 8(g) amends GS 15A-1343.2(f) to require that if the Section of Community Corrections requires an offender under the age of 18 sentenced to intermediate punishment to submit to a period of confinement, the confinement be in a detention facility approved by the Juvenile Justice Section of the Division or a hold-over facility.

    Section 8(h) amends GS 15A-1433(d2) to require that when a defendant under the age of 18 under supervision for a misdemeanor or felony offense is ordered to submit to a period of confinement for violating a condition of probation, the confinement be in a detention facility approved by the Juvenile Justice Section of the Division or a hold-over facility.

    Section 8(i) amends GS 15A-1344(e) to require that when a defendant under the age of 18 is ordered to submit to a continuous or noncontinuous period of confinement for violating a condition of special probation, the confinement be in a detention facility approved by the Juvenile Justice Section of the Division or to a hold-over facility.

    Section 8(j) amends GS 15A-1351(a) to require that when a defendant under the age of 18 sentenced to special probation is ordered to submit to continuous or noncontinuous period(s) of confinement for violating a condition of special probation, the confinement be in a detention facility approved by the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice or a hold-over facility as defined in GS 7B-1501(11).

    Section 8(k) amends GS 15A-1352(a) to require that a person under the age of 18 sentenced to imprisonment for a misdemeanor be confined in a detention facility approved by the Juvenile Justice Section of the Division. Requires transport by personnel of the Juvenile Justice Section or personnel approved by the Section. Makes identical change to subsection (f) for persons sentenced to imprisonment for impaired driving.

    Section 8(l) amends GS 148-13(a1) to specify that rules adopted by the Secretary of Public Safety for gain or loss of earned time apply to persons sentenced to confinement in a detention facility approved by the Juvenile Justice Section of the Division. Makes similar change to subsection (e) for regulations concerning earned time and good time credits.

    Section 8(m) amends GS 148-32.1(e), regarding prisoners convicted of impaired driving offenses, to reference a detention facility approved by the Juvenile Justice Section of the Division.

    Section 8(n) amends GS 153A-218 to prohibit persons under the age of 18 from being held in a county confinement facility unless the Juvenile Justice Section has approved the facility and there is a written agreement between the county and the Division allowing confinement of persons under the age of 18 in that county confinement facility.  Requirement is subject to holdover provisions of GS 7B-2204.

    Section 8(o) amends GS 162-60(b), regarding prisoners convicted of misdemeanors, to reference a detention facility approved by the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice.

    Section 8(p) makes all provisions in Section 8 effective July 1, 2020, and apply to offenses committed, sentences imposed, and any other orders of imprisonment issued on or after that date.

    Part III. Statewide Misdemeanor Confinement Program Transfers for Medical Treatment.

    Section 9(a) amends GS 148-19.3 to make the requirements related to health care services for county prisoners applicable to the Statewide Misdemeanor Confinement Programs under GS 148-32.1.

    Section 9(b) amends GS 148-32.1(b3) to provide that a person confined in a local confinement facility who requires medical or mental health treatment may be ordered transferred to another facility for an initial period not to exceed 30 days. Deems the sheriff in the county from where the prisoner is removed responsible for transport and return, and mandates the receiving prison unit to receive the prisoner in accordance with the terms of the order of transfer. Requires the attending medical or mental health professional to assess the prisoner’s condition prior to expiration of the initial 30-day transfer period and recommend whether prisoner should remain in custody of the prison unit for continued treatment. Requires the sheriff to provide relevant information to the superior court judge to determine whether initial 30-day transfer order should be extended. Requires the superior court judge to extend the order if he or she determines that continued custody for treatment is needed and include a date certain for renewal of the order of transfer. Requires the Division to conduct reassessment and provide reassessment to the sheriff to provide to the superior court prior to expiration of the renewed order to determine whether to further extend or terminate the order of transfer. Requires prisoners to be discharged in accordance with the court order and instructions of the attending medical or mental health professional.

    Section 9(c) makes all provisions in Section 9 effective July 1, 2020, and apply to all transfers on or after that date.

    Part IV. Increasing Criminal Court Appointed Counsel Fee and Court Costs for Support of Indigent Defense Services and Criminal Justice Education and Training Standards Commission.

    Section 10.1(a) amends GS 7A-455.1 to increase the indigent representation appointment fee paid by defendants from $60 to $75.

    Section 10.1(b) amends GS 7A-304(a) by adding a new subdivision (3c) requiring a new cost of $2 to be assessed and remitted to the Office of Indigent Defense Services for representation of indigent defendants and others entitled to counsel. Amends subdivision (3b) to increase the existing cost remitted to the Department of Justice for the Criminal Justice Training and Standards Commission from $2 to $3.

    Section 10.1(c) requires the Office of Indigent Defense Services to update the appointed counsel fee application forms to provide space for itemized time spent on appointed cases.

    Section 10.1(d) requires the Office of Indigent Defense Services to report by March 1, 2021, to the Legislative Oversight Committee on Justice and Public Safety on implementation of rate increases to the Private Assigned Counsel Fund and modifications to fee application forms.

    Section 10.1(e) appropriates to the Criminal Justice Training and Standards Commission fees collected to support the Commission for the 2020-21 fiscal year.

    Section 10.1(f) appropriates to the Office of Indigent Defense Services fees collected to support the Office for the 2020-21 fiscal year.

    Section 10.1(g) makes subsections (a) and (b) of Section 10.1 effective December 1, 2020, and apply to all costs assessed on or after that date; makes subsection (c) effective December 1, 2020, and apply to all appointed counsel fee application forms submitted on or after that date.

    Part V. Radiological Emergency Planning

    Section 11.1(a) amends GS 166A-29(a) to change the annual fee payment schedule from being due by July 31 each year to a schedule set by the Department of Public Safety.  Amends subsection (b) to clarify that the annual fee for radiation facilities must be at least $36,000, not to exceed the cost of the service provided and makes other technical conforming changes.

    Section 11.1(b) makes Section 11 effective July 1, 2020, and apply to fees assessed on or after that date.

    Part VI. General Effective Date

    Section 12 makes the act effective when it becomes law unless otherwise provided for in the act.

    Changes the short and long titles of the act.


  • Summary date: Apr 3 2019 - More information

    Amends GS 50B-7 to provide that subsequent orders entered pursuant to GS Chapter 50 related to custody, child and spousal support, and possession of property and subsequent child support orders entered pursuant to GS Chapter 110 supercede like provisions in an order issued pursuant to GS Chapter 50B. Effective October 1, 2019, and applies to orders in effect on or after that date.


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