Bill Summary for S 355 (2025-2026)
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO SUPPORT THE WORK OF THE DEPARTMENT OF ADULT CORRECTION.Intro. by Daniel, Britt, B. Newton.
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Bill summary
Part I.
Amends GS 115B-1 by amending the definition of permanently and totally disabled as a direct result of a traumatic injury sustained in the line of duty, to include probation officers (as defined). Also amends the definition of survivor to include a person whose parent, legal guardian, legal custodian, or spouse was a probation officer killed in service or training or who died as a result of a service-connected disability, and who was a North Carolina resident. Amends GS 115B-2 to require UNC constitute institutions and community colleges to allow the following person to attend classes for free: (1) survivor of a probation officers killed as a direct result of a traumatic injury sustained in the line of duty; (2) spouse of a probation officer who is permanently and totally disabled as a result of a traumatic injury sustained in the line of duty; and 93) a child, age 17-24, of a probation officer who is permanently and totally disabled as a result of a traumatic injury sustained in the line of duty. Makes conforming changes to GS 115B-5.
Amend GS 15A-101.1 by amending the definition of electronic monitoring or electronically monitor or satellite-based monitoring, by no longer requiring that the device have a battery life of at least 48 hours without being recharged. Makes additional technical changes.
Amend s GS 15A-1342 and GS 15A-1343.2 by removing the provisions that allowed the court to extend probation to allow the defendant to complete a restitution program or to continue medical or psychiatric treatment ordered as a condition of probation, up to a period three years, to be ordered only in the last six months of the original probation period. Instead, allows the court to extend probation as allowed under GS 15A-1344, thereby extending the five-year probation maximum by one additional year. Amend GS 15A-1344 as follows. Allows the probationer to waive the hearing on the extension of probation. Limits the number of extensions for any probation period to one, however, the court may extend the total time on probation by up to one additional year if the probationer admits they have violated their probation conditions or if the probationer is found by the court to have violated their probation conditions the total time on any probation term, including extensions, from exceeding the 5-year maximum term (2-year maximum for a defendant whose prosecution has been deferred or who received a conditional discharge on probation) under GS 15A-1342(a) plus one additional year if they admit to or the court finds violations of the probation conditions. Applies to new terms of probation ordered on or after December 1, 2025.
Part II.
Amends GS 14-208.20 by changing the qualifications for the members of the board of experts who are studying whether a defendant is a sexually violent predator, to prohibit the two members who are experts in the field of the behavior and treatment of sexual offenders from being employed full time (was, not be employed by) the Division of Prison (Division) of the Department of Adult Correction (Department). Applies to board of experts selected on or after December 1, 2025.
Extends the sunset on provisions concerning the training and authority of security guards and patrol professionals providing security services related to entry and exit, direction and movement of individuals at entry and exit, security working towers, or perimeter security patrols at a State prison facility from June 30, 2025, to June 30, 2027.
Part III.
Amends GS 143C-8-7 to allow the Secretary of the Department of Adult Correction to pay for projects for repairs and renovations with funds available to the agency under the following conditions: (1) the project costs do not exceed $1 million and is one of 13 listed types of projects; (2) the Department must report on these projects quarterly to the Fiscal Research Division; and (3) any funds from a General Fund appropriation that are contractually obligated one of these projects do not revert at the end of fiscal year and instead remain available to fund the completion of the project.
Allows the Department to use up to $1,612,481.14 from the projects listed in SL 2006-66, Section 23.12(g) (capital facility costs of the Regional Medical Center and Mental Health Center of the Department of Correction) and SL 2015-241, Section 31.22 (capital facility costs of renovating existing space at Central Prison for bed space for long‑term palliative care) to finance capital facility costs of HVAC projects at state facilities.
Part IV.
Amends GS 126-6.3 by exempting health services-related temporary employees working in the Department and the Department of Health and Human Services from the required break-in-service [only for the purpose of Article 1 of GS Chapter 126 (State Human Resources System)]. Makes conforming changes.
Part V.
Amends the definitions in GS 135-1 as they apply to the Retirement System for Teachers and State Employees by including in the definition of a probation/parole officer, a full-time paid employee of the Department’s Office of Staff Development and Training and who is certified as a probation/parole officer and works exclusively in a training role. Makes additional technical changes. Applies to determinations under Article 1 of GS Chapter 135 made on or after that date.
Part VI.
Amends GS 15A-1368.2(c1) to require a person required to submit to satellite-based monitoring under the provision applicable to sex offenders and persons convicted of offenses involving physical, mental, or sexual abuse of a minor, to continue to participate beyond the period of post-release supervision until the superior court in the county where the conviction occurred (was, the Post‑Release Supervision and Parole Commission) releases the person from that requirement.
Amends GS 143-805, which prohibits agency employees from viewing pornography its network or devices by exempting employees investigating matters involving offenders incarcerated with, or otherwise under the supervision of, the Department or matters related to the misuse of devices owned by the Department.
Part VII.
Includes a severability clause.