Bill Summary for H 108 (2019-2020)

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Summary date: 

Mar 25 2019

Bill Information:

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

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Modifies and adds to the proposed changes to GS 162-39 concerning the transfer of county jail prisoners for safety and security. Now, limits a safekeeping order transferring a prisoner to a unit of the State prison system to an initial period not to exceed thirty days (previously proposed fifteen days). Makes conforming changes. Adds that the Division of Adult Correction and Juvenile Justice (Division) must conduct an assessment of treatment and venue needs prior to the conclusion of the thirty-day period (previously, required a sheriff seeking to extend the order beyond the initial period to request the Division to conduct an assessment of treatment and venue needs). Now requires a sheriff seeking to extend the order beyond the initial period to provide the Division's assessment and any other relevant information to the appropriate judge to determine whether to extend the transfer beyond the initial thirty-day period.

Prohibits the Secretary of the Department of Public Safety (DPS) from refusing to accept a safekeeper because the county failed to pay DPS for services rendered pursuant to the statute (previously, prohibited the DPS Secretary from accepting a safekeeper for medical or mental health treatment from a county that has failed to pay DPS for services rendered pursuant to the statute for 120 days or more or if the county does not participate in the Statewide Misdemeanant Confinement Program by receiving misdemeanants for housing). Adds a new requirement for the Department of Revenue to immediately pursue collection from a county of unpaid fees for services rendered pursuant to the statute that have remained unpaid for 120 days or more.

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 ten days (was, 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). Adds a qualification to the proposed liability, excepting instances where the sheriff has obtained an extension of the order because the inmate cannot be safely housed in the local jail.

Amends proposed GS 148-19.3 to now require DPS to determine the appropriateness of submitting a Medicaid application, and to submit an application where appropriate, on behalf of county prisoners housed in the State prison system pursuant to safekeeping orders who receive health care services outside the prison (previously, required DPS to determine Medicaid eligibility for reimbursement of qualifying health care services and ensure proper application submission; did not specify that the county prisoners must receive health care services outside the State prison to have DPS review Medicaid eligibility). Further, now requires health care providers to invoice the Inmate Medical Costs Management Plan through the Sheriffs' Association for services provided to prisoners held under a safekeeping order.