SB 486 — Reform Courts and Jails.

FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA AprSESSION 1, 2021 S.B.S 1 SENATE BILL 486 Short Title:

486 SESSION 2021 PRINCIPAL CLERK S D SENATE BILL DRS45252-NDa-37 Short Title:

Rules and Operations of the Senate April 5, 2021 A BILL TO BE ENTITLED AN ACT TO PROMOTE CRIMINAL JUSTICE REFORM IN NORTH CAROLINA.

or is likely to result in destruction of evidence, subornation of perjury, *DRS45252-NDa-37**S486-v-1* General Assembly Of North Carolina Session 2021 or intimidation of potential witnesses.

whether the defendant is intoxicatedto sucha degreethat he thedefendant would beendangered bybybeingreleased being released without supervision;

his the defendant's recordofconvictions;his thedefendant'shistoryof flighttoavoidprosecutionorfailuretoflighttoavoid prosecutionorfailureto appear at court proceedings;

The order of release must be filed with the clerk and a copy given the defendant and anyanysurety, surety, ortheagent thereofwhois executingthebondforthedefendant's releasepursuant to that order.

Page 2 DRS45252-NDa-37Senate Bill 486-First Edition General Assembly Of North Carolina Session 2021 (1) A judge authorized to do so releases the obligor from his bond;

REVISE FEES IMPOSEDFORHAVINGIMPOSEDFORHAVINGADRIVERS ADRIVERS LICENSE SUSPENDED OR REVOKED SECTION 2.(a) G.S.

For Except as otherwise provided in subsection (g) of this section, all other revocation orders issued pursuant to this section, DRS45252-NDa-37Senate Bill 486-First Edition Page 3 General Assembly Of North Carolina Session 2021 G.S.

20-16.1.Apersoniseligibletoapply20-16.1.Apersoniseligibletoapplyforalimiteddriving foralimiteddriving privilege under this subsection only if the person has not had a limited driving privilege granted under this subsection within the three years prior to application.

20-17(a)(2) shall paypaya a restoration fee of sixtysixtyfive five dollars ($65.00).

20-17(a)(2) shall pay a restoration fee of one hundred thirtythirtydollars dollars ($130.00).

The restoration fee shall be paid to the Division in addition to anyanyand and all fees which may be provided by law.

consolidation of first appearance Page 4 DRS45252-NDa-37Senate Bill 486-First Edition General Assembly Of North Carolina Session 2021 before magistrate and before district court judge;

… (d3) When conditions of pretrial release are being determined for a defendant who is charged with an offense and the defendant is currently on pretrial release for a prior offense, the DRS45252-NDa-37Senate Bill 486-First Edition Page 5 General Assembly Of North Carolina Session 2021 judicial official may require the execution of a secured appearance bond in an amount at least double the amount of the most recent previous secured or unsecured bond for the charges or, if no bond has yet been required for the charges, in the amount of at least one thousand dollars ($1,000).

(b) At a preventative detention hearing held pursuant to this section, the defendant shall have the opportunityopportunityto to present evidence and examine witnesses to determine whether conditions of pretrial release under G.S.

Page 6 DRS45252-NDa-37Senate Bill 486-First Edition General Assembly Of North Carolina Session 2021 (b) A person shall receive no more than one new court date in a criminal case pursuant to this section." SECTION 4.(c) Subsection (a) of this section becomes effective December 1, 2021, and applies to criminal defendants arrested on or after that date.

… (f) The master list shall contain not less than one and one-quarter times and not more than three times as many names as were drawn for jury dutydutyin in all courts in the county during the previous biennium, or, if an annual list is being prepared as requested under subsection (a) of this section the master list shall contain not less than one and one-quarter times and not more than three times as many names as were drawn for jury duty in all courts in the county during the previous year year, but in no event shall the list include fewer than 500 names, except that in counties in which a different panel of jurors is selected for each day of the week, there is no limit to the number of names that may be placed on the master list.

DRS45252-NDa-37Senate Bill 486-First Edition Page 7 General Assembly Of North Carolina Session 2021 … "§ 9-2.1.

(a) The Commissioner of Motor Vehicles shall annually provide to each county jury commissionanalphabeticallistofcommissionanalphabeticallistofallpersonsthattheCommissionerhasdeterminedareresidents allpersonsthattheCommissionerhasdeterminedareresidents of the county, who will be 18 years of age or older as of the first day of January of the following year, and licensed to drive a motor vehicle as of JulyJuly1 1 of each odd-numbered year, provided that if an annual master jury list is being prepared under G.S.

(b) The list shall include those persons whose license to drive has been suspended, and those former licensees whose license has been canceled, except that the list shall not include the name of anyanyformerlylicensed formerly licensed driver whose license is expired and has not been renewed for eight years or more.

20-43.1, and shall not be a public record for purposes of Chapter 132 of the General Statutes." Page 8 DRS45252-NDa-37Senate Bill 486-First Edition General Assembly Of North Carolina Session 2021 SECTION 6.(c) G.S.

(6) The list of jurors whose service has been deferred." SECTION 6.(d) Subsection (a) of this section is effective when it becomes law and applies to master juryjurylists lists prepared on or after that date.

– AnyAnyperson person incarcerated or detained in anyanyfacilitywho facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for violations of criminal law or the terms and conditions of parole, probation, pretrial release, or a diversionary program.

DRS45252-NDa-37Senate Bill 486-First Edition Page 9 General Assembly Of North Carolina Session 2021 (10) Restrictive housing.

– AnyAnytype type of detention that involves an inabilityinabilityto to leave a room or cell for the vast majority of the day.

– A situation when an incarcerated person is partiallypartiallyor or fully naked, either in the shower, toilet areas, a medical examination room, or while having a body cavity search conducted.

– Except as otherwise provided in this subsection, the Department of Public Safety and correctional facilityfacilityemployees employees shall not applyapplythe the following restraints on a pregnant incarcerated woman during the second and third trimester of pregnancy, during labor and delivery, and during the six-week postpartum recovery period:

An incarcerated woman who is in the postpartum recovery period may only be restrained using wrist handcuffs held in front of her bodybodyand andonlyif only if a correctional facilityfacilityemployee employee makes an individualized determination that an extraordinary circumstance exists.

In this case, the correctional facility employee shall submit a written report to the warden or administrator of the correctional facility within 72 hours following the invasive search, containingcontainingthejustification thejustification forthe invasivesearchandthe presenceorabsenceofanypresenceorabsenceofanycontraband. contraband.

–TheDepartment– ofPublicSafetyTheDepartment andofPublicSafetyand theadministratorof the correctional facility shall ensure that pregnant incarcerated women are provided sufficient food and dietary supplements, and are provided access to food at appropriate times of day, as ordered by a physician, a physician staff member, or a correctional facility nutritionist to meet generally accepted prenatal nutritional guidelines for pregnant women.

– The Department of Public Safety and the administrator of the correctional facility shall not place anyanypregnant pregnant incarcerated woman, or any incarcerated person who is in the six-week postpartum recovery period, in restrictive housing unless a correctional facility employee makes an individualized determination that an extraordinary circumstance exists.

15A-1360.4, and Page 10 DRS45252-NDa-37Senate Bill 486-First Edition General Assembly Of North Carolina Session 2021 G.S.

– During the period ofpostpartum recovery,theDepartmentrecovery, theDepartment ofPublic Safety and the administratorofthecorrectional facility shall make available the necessary nutritional and hygiene products, including sanitary napkins, underwear, and hygiene products for the postpartum woman, and diapers to care for the newborn.

– To the greatest extent practicable, after accounting for security and capacity, the Department of Public SafetySafetyshall shall place incarcerated persons who are in the custody of the State prison system and who are parents of minor children within 250 miles of their permanent address of record.

– The Department of Public Safety and the administrator of a correctional facility shall adopt rules authorizing visitation of incarcerated persons with low- or minimum-securityminimum-securityclassifications, classifications, whoareparents ofminorchildren, bytheincarceratedbythe incarcerated person's minor children.

DRS45252-NDa-37Senate Bill 486-First Edition Page 11 General Assembly Of North Carolina Session 2021 Access to Menstrual Products.

– The Department of Public Safety and the administrator of the correctional facility shall ensure that sufficient menstrual products are available at the correctional facilityfacilityfor for all incarcerated women who have an active menstrual cycle.

Division ofAdultCorrectionof AdultCorrection and JuvenileJusticeoftheDepartmentofPublicJuvenileJusticeof theDepartmentof Public Safety – rules and regulations.