Bill Summary for H 560 (2021)

Summary date: 

Jun 22 2022

Bill Information:

View NCGA Bill Details2021
House Bill 560 (Public) Filed Wednesday, April 14, 2021
AN ACT TO MODIFY THE LAWS OF THE STATE RELATING TO PUBLIC SAFETY.
Intro. by Boles, A. Jones, Logan, McNeill.

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Bill summary

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

Eliminates the following: (1) the proposed increase of a prisoner's sentence for violating GS 14-258.4 (malicious conduct) and GS 14-258 (possession of tools for escape); (2) new GS 148-18.2, which set value caps on prisoner property and provided for reimbursement of lost or damaged prisoner property; (3) new GS 143-295.2, which provided for inmate property claims against the Department of Public Safety (DPS); (4) new subsection (e) of GS 143-291, which limited the Industrial Commission's jurisdiction over inmate property claims; (5) proposed changes to GS 148-118.2, which limited the Industrial Commission and state administrative bodies' jurisdiction over prisoner complaints; (6) proposed changes to GS 143-291.2, which prohibited the Industrial Commission from taxing the prevailing party hearing costs and limited indigency status for incarcerated individuals bringing a claim who previously brought three or more claims while incarcerated or detained that were dismissed on described grounds; (7) proposed changes to GS 143-295, which allowed for State entities to enter settlements under $25,000 without the approval of the Industrial Commission or filing the required affidavit; (8) proposed changes to GS 143-299.1A, which provided that the public duty doctrine can be used where the claimant is an inmate in the Division of Adult Correction and Juvenile Justice (Division)’s custody unless the injury arises from the gross negligence of DPS or its staff; and (9) proposed GS 143-299.5, which established limited liability for the Division for damages under Article 31 for acts or omissions of its employees tasked with the supervision, protection, control, confinement, or custody of the State’s inmate population. Makes conforming organizational changes. 

Section 1

Changes the effective date of the proposed changes to GS 15-205, relating to the duties of probation officers, making the changes effective October 1, 2022 (was, October 1, 2021).

Further amends GS 15-205, updating the reference to DPS to reflect the Department's change to the Department of Adult Correction (DAC), effective January 1, 2023. Makes language gender neutral. 

Section 2

Changes the effective date of the proposed changes to GS 143B-720, relating to the Post-Release Supervision and Parole Commission, making the changes effective October 1, 2022 (was, October 1, 2021). 

Section 3

Changes the effective date of new GS 143B-603A, establishing the Continuously Operating Reference Station Fund, making the statute effective July 1, 2022 (was, July 1, 2021). 

Section 6

Amends GS 86A-14(7), as enacted, to update the name of DPS to reflect the Department's change to DAC, effective January 1, 2023.

Section 7

Replaces the proposed changes to GS 15B-2. Now amends the definition of allowable expense under Article 1, GS Chapter 15B (Crime Victims Compensation Act) to include a total charge of up to $10,000 (was, $5,000) for expenses related to funeral, cremation, and burial, excluding flowers, gravestone, and other funeral service items. Applies to expenses incurred on or after August 1, 2022 (was, July 1, 2021). 

Adds the following new content.

Section 9

Adds to the authority of the Director of the Crime Victims Compensation set forth in GS 15B-6, authority to use remaining funds in any fiscal year to promote the mission of the Commission through outreach awareness measures. Amends GS 15B-21 to require the Commission to include a summary of these outreach measures in its annual report to the specified NCGA committee chairs. 

Section 9.5

Amends GS 15B-11, increasing the cap set for compensation payable to a victim and all other claimants sustaining economic loss because of injury to or the death of the victim, from $30,000 to $45,000, in addition to allowable funeral, cremation, and burial expenses. 

Section 10

Allows DPS to use up to $500,000 in nonrecurring funds from the surplus funds in the Crime Victims Compensation Fund to establish and implement an online application for claimants. Effective June 30, 2024.

Section 11

Changes the sunset to the earlier of January 1, 2024 (was, August 1, 2023) or the completion of the Youth Development Center in Rockingham County, for the provisions of Section 4.15, SL 2020-3, as amended, which amends the definition of security guard to include services at state prisons. 

Section 12

Caps inmate pay for assignments that require special skill or training, set in GS 148-18 for employees of Correction Enterprises, at $5 (was, $3) per day. 

Amends GS 148-133 to cap pay for inmates working for Correction Enterprises at $5 (was, $3) per day, unless specifically approved by the DPS Secretary (previously, did not provide for the Secretary approving higher pay). Further amends the statute, effective January 1, 2023, to reflect the Department's name change.

Section 13

Excludes from the Department of Administration's operation of the State's central motor fleet pursuant to GS 143-341, motor vehicles under the ownership, custody, or control of the State Capitol Police and the Division of Emergency Management of DPS. 

Section 14

Amends GS 148-132, regarding entities to which the Section of Correction Enterprises is authorized to market and sell its products and services, to permit sales to any federal, state, or local public agency or institution in any state of the union (was, any other state of the union). Maintains existing law that allows for sales to any State agency or institution, and any NC municipality. 

Section 15

Repeals GS 166A-19.75(b), which requires emergency management agency appointees to take a written oath before a person authorized to administer oaths in the State prior to entering the person's duties. 

Section 16

Directs DPS to work with the Office of State Budget and Management and the Office of the State Controller to establish a certified budget of the new Department of Adult Correction (DAC), effective July 1, 2022, which does not affect the Type 1 transfer process required by Section 19C.9, SL 2021-180. Provides DPS budget execution authority of the newly certified budget until January 1, 2023.

Effective January 1, 2023, directs DAC to administer and operation all function, powers, duties, obligations, and services related to the department, which has no effect on the authority of certain boards, commission, or other bodies housed within DAC to exercise independence.  

Section 17

Effective January 1, 2023, includes as an aggravating factor under GS 15A-1340.16, that an offense was committed against or proximately caused serious injury to a present or former DPS or DAC employee while engaged in their official duties. 

Section 18

Effective January 1, 2023, amends GS 15A-150 to include DAC's Combined Records Section in the agencies a clerk must provide expunction notices to.

Section 19

Enacts GS 126-5(c17), excluding from the State Human Resources Act, GS Chapter 126, wardens of adult corrections facilities, with several exceptions specified (including application of rules and policies related to classification and compensation, political hires, and grievance procedures). Describes these employees as public servants and requires filing of Statements of Economic Interest. Provides protections under GS 125-5(e) if hired before that subsection's repeal with minimum cumulative service to qualify under the provision. 

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