Bill Summary for H 108 (2019-2020)

Printer-friendly: Click to view

Summary date: 

Feb 19 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 108 (Public) Filed Tuesday, February 19, 2019
Intro. by Horn, Lucas.

View: All Summaries for BillTracking:

Bill summary

Amends GS 162-39 concerning the transfer of county jail prisoners for safety and security. 

Adds new requirement for the Department of Public Safety (DPS), Health Services Section (HSS), to maintain records of prisoners transferred to a State prison from a county jail pursuant to the statute, utilizing unique identifiers for each transfer and recording data as specified. Modifies the county’s current duty to reimburse the state for transferred prisoners for the cost of maintaining the prisoner and the cost of extraordinary medical care incurred while in the Division of Adult Correction and Juvenile Justice (Division) custody, to now require the county to pay the Division for the costs of maintaining the prisoner and the costs of medical care (was, extraordinary medical care) incurred while in the Division’s custody. Adds to the defined costs for State reimbursement to include (1) transportation and custody costs associated with the transfer of prisoners receiving health care outside of the prison facility and (2) cost of sick call encounters at the rate charged to State prison inmates. Adds that the county must reimburse the State for services provided to transferred prisoners at the mileage reimbursement rate and hourly custody rate that are reimbursed by the Statewide Misdemeanant Confinement Program. 

Limits a safekeeping order transferring a prisoner to a unit of the State prison system to an initial period not to exceed fifteen days (currently, there is no such limitation). Adds that a sheriff seeking to extend the order beyond the initial fifteen-day period must request the Division to conduct an assessment of treatment and venue needs, to be conducted as specified, and provide the assessment to the court to determine whether to extend the transfer beyond the initial period. Makes conforming changes. 

Prohibits the DPS Secretary from accepting a safekeeper for medical or mental health treatment 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)).

Makes a county liable to the State for an additional per day, per inmate rate not exceeding $20 per day for each day a sheriff fails to assume custody of a county prisoner from a State prison facility after five days of receiving notification and request for transfer from DPS pursuant to new GS 149-19.3(a) (in addition to the actual transport and maintenance costs per day, per inmate). Authorizes the HSS chief to waive up to ten days of the additional per day rate if the sheriff provides documentation of extenuating circumstances. 

Makes organizational and technical changes. Makes language gender neutral. 

Enacts GS 149-19.3, requiring DPS to determine Medicaid eligibility and ensure applications are completed and submitted for county prisoners housed in the State prison system pursuant to safekeeping orders under GS 162-39. Requires documentation and presentation of nonreimbursed charges for health care services to the county for payment pursuant to GS 162-39. Requires DPS to notify the sheriff or the sheriff’s designee by phone or email and request transfer to county custody upon the expiration of the order’s terms and a safety determination. Further requires DPS to annually update the medical services schedule of charges assessed to counties for the provision of health care services to county prisoners housed in the State prison system pursuant to safekeeping orders, considering the actual rate for services provided and the current established Medicaid rates. Directs DPS to assess charges to counties for health care services provided to county prisoners at all State prison facilities. Directs DPS to submit a report on the updated schedule to the specified NCGA Committee on or before December 1, 2019. 

Effective July 1, 2019.