Bill Summary for S 579 (2019-2020)

Summary date: 

Apr 8 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 579 (Public) Filed Wednesday, April 3, 2019
AN ACT AUTHORIZING THE JOINT LEGISLATIVE PROGRAM EVALUATION COMMITTEE TO DIRECT THE PROGRAM EVALUATION DIVISION TO STUDY ALTERNATIVE ORGANIZATION AND MANAGEMENT STRUCTURES FOR THE DIVISION OF ADULT CORRECTION AND JUVENILE JUSTICE OF THE DEPARTMENT OF PUBLIC SAFETY.
Intro. by Steinburg, McKissick, Sanderson.

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Bill summary

Part I.

Establishes the Department of Correction (DOC) as a cabinet-level department. Provides that all functions, powers, duties, and obligations vested in the following (currently located in the Department of Public Safety) are transferred to, vested in, and consolidated within DOC: (1) Community Corrections Section of the Division of Adult Correction and Juvenile Justice; (2) Post-Release Supervision and Parole Commission; (3) Treatment for Effective Community Supervision Program; and (4) Justice Reinvestment Council. Amends GS 143B-2 to make the Executive Organization Act of 1973 applicable to DOC. Amends GS 143B-6 by adding DOC to those principal departments vested with executive and administrative powers, duties, and functions. Amends GS 126-5 to add DOC to those departments to which the Governor may designate exempt positions.

Repeals Part 1A of Article 13 of GS Chapter 143B (Division of Adult Correction and Juvenile Justice).

Enacts new Article 16, Department of Correction, in GS Chapter 143B, with Part 1 devoted to organization. Establishes the DOC, to perform all functions of the executive branch of the State in relation to correction and the rehabilitation of adult offenders, including detention, parole, and aftercare supervision, and further including those prescribed powers, duties, and functions enumerated in the laws of this state. Sets the Secretary of the Department of Correction (Secretary) as the head of DOC. Enumerates four duties of DOC, including establishing the Alcoholism and Chemical Dependency Treatment Program, and establish, in consultation with the Domestic Violence Commission, a domestic violence treatment program for offenders sentenced to a term of imprisonment in DOC’s custody and whose official record includes a finding that the offender committed acts of domestic violence Sets out and defines terms used in the Article.

Repeals GS 143B-701 (setting out the duties of the Division of Adult Correction and Juvenile Justice); GS 143B-702 (directing the Division of Adult Correction and Juvenile Justice of the Department of Public Safety to adopt rules and regulations related to specified issues); GS 143B-704 (setting out functions of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety with respect to adults); and GS 143B-711 (concerning the organization of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety). Recodifies the statutes remaining in Subpart A (Division of Adult Correction general provisions) of Part 2 of Article 13 of GS Chapter 143B as Part 2 of new Article 16 of GS Chapter 143B. Recodifies Subpart C (Parole Commission) of Part 2 of Article 13 of GS Chapter 143B as Part 3 of new Article 16. Recodifies Subpart B (State Capitol Police Division; possibly intends Subpart Treatment for Effective Community Supervision Program located in Subpart B of Part 6) of Part 4 of Article 13 of GS Chapter 143B as Part 4 of new Article 16.

Makes conforming changes to the recodified statutes by replacing duties assigned to the Division of Adult Correction and Juvenile Justice with the Secretary and DOC. Also assigns Department of Public Safety responsibilities to the DOC in the recodified statutes. Makes additional clarifying and technical changes.

Amends GS 143B-1457 by making the Secretary responsible for establishing the Alcoholism and Chemical Dependency Treatment Program, which is to consist of a continuum of treatment and intervention services for inmates, established in medium and minimum custody prison facilities, for probationers and parolees, established in community-based residential treatment facilities.

Amends GS 143B-1465, concerning medical costs for inmates and juvenile offenders, by removing references to juvenile offenders. Deletes outdated reporting requirement.

Amends specified statutes to replace Department of Public Safety with DOC; replace Division of Adult Correction and Juvenile Justice of the Department of Public Safety with DOC; replace Secretary of Public Safety with Secretary of DOC; replace Section of Community Corrections of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety with DOC; replace Section of Community Corrections of the Division of Adult Correction and Juvenile Justice with DOC; Section of Community Corrections with DOC; replace Section of Prisons of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety with DOC; Section of Prisons of the Division of Adult Correction and Juvenile Justice with DOC; and Section of Prisons with DOC.

Part II.

Establishes the Department of Juvenile Justice and Delinquency Prevention (DJJDP) as a cabinet-level department. Provides that all functions, powers, duties, and obligations vested in the following (currently located in the Department of Public Safety) are transferred to, vested in, and consolidated within DJJDP: (1) Juvenile Justice Section in the Division of Adult Correction and Juvenile Justice; (2) Teen Court; (3) Youth Development Center; (4) Juvenile Court Services; and (5) Juvenile Crime Prevention Councils. Amends GS 143B-2 to make the Executive Organization Act of 1973 applicable to DJJDP. Amends GS 143B-6 by adding DJJDP to those principal departments vested with executive and administrative powers, duties, and functions. Amends GS 126-5 to add DJJDP to those departments to which the Governor may designate exempt positions.

Adds new Article 17, Department of Juvenile Justice and Delinquency Prevention, in GS Chapter 143B. Repeals Subpart A of Part 3 of Article 13 of GS Chapter 143B, which created the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. Recodifies the following Subparts of Part 3 of Article 13 of GS Chapter 143B: Subpart B (general provisions related to the Section), Subpart C (Juvenile Facilities); Subpart D (Juvenile Court Services), Subpart E (Comprehensive Juvenile Delinquency and Substance Abuse Prevention Plan), and Subpart F (Juvenile Crime Prevention Councils).Places Parts 1-6 of new Article 17 under Part 1, concerning organization. Establishes the Department of Juvenile Justice and Delinquency Prevention to perform all functions of the executive branch of the State in relation to the provision of services to juveniles, both protective for those juveniles found to be undisciplined or delinquent and preventative to reduce the rates of delinquency. Sets the Secretary of DJJDP (Secretary) as the head of the Department.

Makes conforming changes to the recodified statutes by replacing duties assigned to the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice with the Secretary and DJJDP. Also assigns Department of Public Safety responsibilities to the DJJDP in the recodified statutes. Makes additional clarifying and technical changes.

Enacts new GS 143B-1515 requiring DJJDP to reimburse providers and facilities providing approved medical services to juvenile offenders outside juvenile facilities the lesser of either (1) 70% of the provider’s then-current prevailing charge or (2) two times the then-current Medicaid rate for any given service. Exempts vendors providing services that are not billed on a fee-for-service basis. Require DJJDP to make every effort to contain medical costs for juvenile offenders by using its own hospital and health care facilities to care for offenders. If other facilities or service must be used, requires DJJDP to make efforts to use those with which it has a contract, or if none are reasonably available, then with hospitals with available capacity or other health care facilities in a region. Requires DJJDP to report quarterly to the Joint Legislative Oversight Committee on Justice and Public Safety and the Chairs of the Justice and Public Safety Appropriations Committees on seven specified issues related to medical care of juvenile offenders.

Amends specified statutes to replace Department of Public Safety with DJJDP; replace Division of Adult Correction and Juvenile Justice of the Department of Public Safety with DJJDP; replace Secretary of Public Safety with Secretary of DJJDP; and replace Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety with DJJDP.

Part III.

Makes additional conforming changes by updating references to DOC and DJJDP in GS 66-58, GS 14-258.7, GS 17C-3, GS 120-70.94, GS 143-166.1, GS 143-166.2, GS 143-166.7, GS 143-166.13, and GS 143B-1100.

Part IV.

Appropriates $1.6 million for 2019-20 and 2020-21 from the General Fund to DOC for additional managerial positions.

Appropriates $1.6 million for 2019-20 and 2020-21 from the General Fund to DJJDP for additional managerial positions.

The act is effective July 1, 2019.

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