Identical to S 492, filed 4/4/23.

Section 1

Amends GS 15A-1343(b), listing regular conditions of probation, to include submission to drug and alcohol screening rather than supplying a breath, urine, or blood specimen. Effective August 1, 2023, and applies to drug and alcohol screening performed on or after that date. 

Section 2

Further amends GS 15A-1343(b), making possession of no firearm ammunition a regular condition of probation.

Amends GS 15A-1368.4(e), listing controlling conditions of post-release supervision, and GS 15A-1374(b), listing appropriate conditions of parole, to include possession of no firearm, firearm ammunition, explosive device, or other deadly weapon listed in GS 14-269 unless granted permission by the Post-Release Supervision and Parole Commission (replacing the previous condition of refraining from possessing a firearm, destructive device, or other dangerous weapon unless granted written permission from the Commission or a post-release supervision officer or parole officer, as appropriate).

Section 3

Amends GS 15A-1343.2, which sets out probation rules for persons sentenced under Article 81B of GS Chapter 15A (Structured Sentencing for Persons Convicted of Crimes). Expands the scope of the statute to also include persons sentenced under Article 82 of GS Chapter 15A (Probation), and GS Chapters 20 (Motor Vehicles) and 90 (Medicine and Allied Occupations). Enacts subsection (e1) to authorize the Division of Community Supervision and Reentry of the Department of Adult Correction (Division; DAC) to require an offender placed on supervised probation for a conditional discharge or a deferred prosecution to comply with any of the conditions probation officers may require of offenders sentenced to community punishment in subsection (e), unless the presiding judge finds delegation not appropriate; excludes the authority to require the offender to submit to periods in a local confinement facility under subdivision (e)(5). Authorizes the Division to reduce or remove requirements it imposes. Allows probation officers to exercise authority delegated by the court after administrative review and approval by a chief probation officer. Provides for offenders to motion the court to review probation officers' actions; requires offenders to be given notice of this right. Requires the Division, prior to exercising delegated authority, to determine the offender has failed to comply with a condition of probation or is high risk based on a validated instrument to assess risks of reoffending. Provides that the subsection does not affect the arrest and hearing procedures authorized in GS 15A-1345 for probation violations. Makes changes to refer to the Deputy Secretary of the Division rather than the Director. Makes technical and clarifying changes. Makes conforming changes. 

Amends GS 20-179, enacting new subsection (k5) as follows. Authorizes the Division to require an offender sentenced to Level One, Two, Three, Four, of Five punishment for impaired driving violations due to grossly aggravating factors pursuant to GS 20-179(f3), (g), (h), (i), (j), or (k), who is placed on probation, to do any of seven listed requirements and conditions, including (1) performing up to 20 hours of community service and paying the applicable fee; (2) submission to substance abuse assessment, monitoring, or treatment; (3) submission to house arrest with electronic monitoring; (4) submission to period of confinement in a local confinement facility for up to six days per month during a period of three months, as specified; and (5) submission to a curfew. Authorizes the Division to reduce or remove requirements it imposes. Allows probation officers to exercise authority delegated by the court after administrative review and approval by a chief probation officer. Provides for offenders to motion the court to review probation officers' actions; requires offenders to be given notice of this right; allows for written waiver of this right. Requires the Division, prior to exercising delegated authority, to determine the offender has failed to comply with a condition of probation or is high risk based on a validated instrument to assess risks of reoffending; limits the Division's authority to require period of confinement in a local confinement facility pursuant to subdivision (5) to instances when the Division determines the offender has violated a condition of probation. Provides that the subsection does not affect the arrest and hearing procedures authorized in GS 15A-1345 for probation violations. 

Directs the Division to adopt guidelines and procedures to implement new subsection (k5). Establishes requirements for imposing confinement pursuant to subdivision (5), including providing the probationer with a violation report that provides notice of the probationer's right to a hearing with representation and specified evidentiary rights. Allows for confinement for the period of time designated in the report upon execution of a waiver of rights signed by the probationer and two officer witnesses, which must be the probation officer and another officer designated by the Division's Deputy Secretary in written Division policy.

Effective October 1, 2023.

Section 4

Enacts GS 15A-1352(g) to allow early transfers of persons serving a sentence in DAC who is subject to an outstanding sentence, detainer, or other lawful detention to the requesting confinement facility. Limits early transfers to up to five days before the expiration of the person's current sentence, and deems the remainder of the person's sentence served at the requesting local confinement facility the expense of the receiving facility. Defines local confinement facility by statutory cross-reference. Adds that the new provision does not authorize holds beyond the release date of the current sentence absent an outstanding sentence to be served, detainer, or other lawful detention. Effective October 1, 2023, and applies to transfers occurring on or after that date. 

Section 5

Enacts GS 143-18.2 to prohibit the personal property of an inmate in the custody of DAC from exceeding a total value of $250. Requires DAC to reimburse an inmate for the value of an item or provide replacement for an item, when DAC's Administrative Remedy Procedure results in such a recommendation, when the inmate’s property is lost, destroyed or damaged through the negligent maintenance of the correctional facility or the negligence of the correctional facility’s employees. Establishes this remedy as the sole remedy for inmate property loss, damage, or destruction. Limits reimbursement from exceeding $250 per incident. Prohibits reimbursement of an inmate for lost, damaged, or destroyed State-issued property. 

Enacts GS 143-295.2 to establish that an inmate has no recourse against DAC through Article 31, Tort Claims Against State Departments and Agencies, for property lost, stolen, or otherwise damaged through the negligent handling of its correctional facility or staff members, but instead requires reimbursement or replacement of the item pursuant to new GS 148-18.2.

Enacts new subsection (e) to GS 143-291. Establishes that the Industrial Commission has no jurisdiction over any claim brought by an inmate in the custody of DAC unless the inmate has exhausted DAC’s Administrative Remedy Procedure set out in GS 148-118.2. Makes conforming changes to GS 148-118.2. Eliminates the provision which allowed a court to waive the exhaustion requirement if it finds waiver to be in the interest of justice. 

Amends GS 143-291.2 to specify that the Industrial Commission can tax costs against the losing party in the same amount and manner as costs are taxed in the Superior Court Division of the General Court of Justice (previously did not specify costs and manner of superior court). Adds an explicit prohibition against the Industrial Commission taxing the cost against the prevailing party. Additionally establishes a new disqualification for an inmate seeking indigent status. Prohibits granting indigent status to a currently incarcerated inmate who is the claimant under Article 31 if, while incarcerated or detained in any State facility, the inmate has on three or more prior occasions brought an action or appeal before the Industrial Commission that was dismissed on the grounds that it is frivolous, malicious, not within the statute of limitations, exceeds the exclusive jurisdiction of the Industrial Commission, or fails to state a claim upon which relief can by granted. 

Amends GS 143-295 to authorize claims to be settled upon agreement between the various departments, institutions, and agencies of the State and the claimant without approval of the Industrial Commission for an amount not to exceed $25,000 (previously, this authority was limited to settlement between the claimant and the Attorney General). Makes conforming and clarifying changes.

Amends GS 143-299.1A, regarding when the public duty doctrine can be used as an affirmative defense. Establishes that the provisions which specify when the doctrine cannot be used do not limit the application of the public duty doctrine in cases where the claimant is an inmate in DAC’s custody unless the injury arises from the gross negligence of DAC or its staff.

Enacts GS 143-299.5 to establish limited liability for DAC 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. Excepts gross negligence from the immunity provided.

Section 6

Amends GS 148-132 to allow the Division of Correction Enterprises of DAC to market and sell produced and services it produces to any currently incarcerated individual within a DAC facility. 

Section 7

Enacts GS 143B-1445, requiring energy savings from DAC utilities remaining at the end of each fiscal year to be carried forward, with 60% used for energy conservation measures. Limits use of funds to one-time capital and operating expenditures that will not impose additional State obligations. Deems funds nonreverting. Provides for establishing a corresponding DAC budget code. Prohibits the Director of Budget from decreasing the recommended continuation budget requirements for utilities from the previous fiscal year for DAC by the amount of energy savings realized. Directs DAC to annually report on the use of funds pursuant to specified state law. Defines terms by statutory cross-reference.

Section 8

Amends GS 143-30 to require net proceeds derived from the sale or lease of land or facilities owned or maintained by DAC to be deposited in the capital improvement fund to the credit of DAC to make capital improvements on property owned or maintained by DAC, subject to approval by the Office of State Budget and Management. 

Section 9

Amends GS 14-269 to allow DAC employees to publicly carry concealed weapons if the person (1) has been designated in writing by the DAC Secretary; (2) has a concealed handgun permit; and (3) has written proof of the Secretary's designation on their person. Bars carrying at any time while consuming alcohol or an unlawful controlled substance, or while alcohol or an unlawful controlled substance remains in the body. Makes technical and clarifying changes.

Section 10

Amends GS 150B-1(e), making the entire Department of Adult Correction exempt from the Administrative Procedure Act's contested case provisions, rather than only DAC's Division of Prisons which is currently exempt. 

Section 11

Changes the sunset to the earlier of January 1, 2026 (was, January 1, 2024) 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

Aligns inmate pay of prisoners performing work for the Division of Prison's BRIDGE Program with that of inmates assigned to work that require special skills or training, set in GS 148-18 for employees of Correction Enterprises, at $5 per day. Makes conforming changes.