North Carolina 2021-2022 Session Status: In Committee 2 R cosponsors

SB 501 — Create Depart. of Adult Correction.

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This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

104 added · 105 removed

Plain-language change summary

The latest version of Senate Bill 501 includes changes that specify the responsibilities of the Division of Adult Correction and Juvenile Justice, making it clear who is in charge of custody and administration in certain cases. Additionally, it introduces a requirement for evaluating substance abuse treatment programs funded by the state. These changes are significant because they aim to streamline the management of correctional facilities and improve accountability for treatment programs, which can contribute to better outcomes for individuals in the justice system.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Apr 1, 2021 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 S 1 SENATE BILL 501 Short Title:
501 SESSION 2021 PRINCIPAL CLERK S D SENATE BILL DRS15164-MMa-24C Short Title:
A BILL TO BE ENTITLED AN ACT TO CREATE THE DEPARTMENT OF ADULT CORRECTION, TO CREATE THE DIVISION OF JUVENILE JUSTICE AND THE DIVISION OF COMMUNITY CORRECTIONS IN THE DEPARTMENT OF PUBLIC SAFETY, TO MAKE OTHER TECHNICAL AND CONFORMING CHANGES, AND TO APPROPRIATE FUNDS.
Rules and Operations of the Senate April 5, 2021 A BILL TO BE ENTITLED AN ACT TO CREATE THE DEPARTMENT OF ADULT CORRECTION, TO CREATE THE DIVISION OF JUVENILE JUSTICE AND THE DIVISION OF COMMUNITY CORRECTIONS IN THE DEPARTMENT OF PUBLIC SAFETY, TO MAKE OTHER TECHNICAL AND CONFORMING CHANGES, AND TO APPROPRIATE FUNDS.
In addition to the principal departments enumerated in the Executive Organization Act of 1971, all executive and administrative powers, duties, and functions not including those of the General Assembly and its agencies, the General Court of Justice and the administrative agencies created pursuant to Article IV of the Constitution of North Carolina, and higher education *DRS15164-MMa-24C* General Assembly Of North Carolina Session 2021 previously vested by law in the several State agencies, are vested in the following principal departments:
In addition to the principal departments enumerated in the Executive Organization Act of 1971, all executive and administrative powers, duties, and functions not including those of the General Assembly and its agencies, the General Court of Justice and the administrative agencies created pursuant to Article IV of the Constitution of North Carolina, and higher education *S501-v-1* General Assembly Of North Carolina Session 2021 previously vested by law in the several State agencies, are vested in the following principal departments:
Department of Adult Correction." STATUTORY CHANGES CREATING THE DEPARTMENT OF ADULT CORRECTION SECTION 1.2.(a) Chapter 143B of the General Statutes is amended by adding a new Article to read:
Department of Adult Correction." STATUTORY CHANGES CREATING THE DEPARTMENT OF ADULT CORRECTION SECTION 1.2.(a) Chapter 143B of the General Statutes is amended byaddinga new Article to read:
Former Citation Recodified Citation Part 1A Part 2 143B-630 143B-1450 Subpart A 143B-701 143B-1451 143B-702 143B-1452 143B-703 143B-1453 Page 2 DRS15164-MMa-24C General Assembly Of North Carolina Session 2021 143B-704 143B-1454 143B-705 143B-1455 143B-707 143B-1456 143B-707.4 143B-1457 143B-709 143B-1458 SECTION 1.2.(#) G.S.
Former Citation Recodified Citation Part 1A Part 2 143B-630 143B-1450 Subpart A 143B-701 143B-1451 143B-702 143B-1452 143B-703 143B-1453 Page 2 Senate Bill 501-First Edition General Assembly Of North Carolina Session 2021 143B-704 143B-1454 143B-705 143B-1455 143B-707 143B-1456 143B-707.4 143B-1457 143B-709 143B-1458 SECTION 1.2.(#) G.S.
To the extent that the Department of Public Safety must utilize other facilities and services to provide health care services to inmatesand juvenileoffenders, inmates, theDepartment shall makereasonableefforts to make use of hospitals or other providers with which it has a contract or, if none is reasonably available,hospitals withavailablecapacityorotherhealthcarefacilitiesinaregiontoaccomplish that goal.
To the extent that the Department of Public Safety must utilize other facilities and services to provide health care services to inmatesand juvenileoffenders, inmates, theDepartment shall makereasonableefforts to make use of hospitals or other providers with which it has a contract or, if none is reasonably available,hospitals withavailablecapacityorotherhealthcarefacilitiesinaregion toaccomplish that goal.
(c) The Department of Public Safety shall report quarterly to the Joint Legislative Oversight Committee on Justice and Public Safety and the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety Justice and Public Safety Appropriations Committees on:
(c) The Department of Public Safety shall report quarterly to the Joint Legislative Oversight Committee on Justice and Public Safetyand the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety Justice and Public Safety Appropriations Committees on:
DRS15164-MMa-24C Page 3 General Assembly Of North Carolina Session 2021 There is hereby created and established a division to be known as the Division of Adult Correction and Juvenile Justice of the Department of Public Safety.
Senate Bill 501-First Edition Page 3 General Assembly Of North Carolina Session 2021 There is hereby created and established a division to be known as the Division of Adult Correction and Juvenile Justice of the Department of Public Safety.
(3) The State Probation Commission, (4) The State Board of Paroles, Page 4 DRS15164-MMa-24C General Assembly Of North Carolina Session 2021 (5) The Interstate Agreement on Detainers, and (6) The Uniform Act for Out-of-State Parolee Supervision.
(3) The State Probation Commission, (4) The State Board of Paroles, Page 4 Senate Bill 501-First Edition General Assembly Of North Carolina Session 2021 (5) The Interstate Agreement on Detainers, and (6) The Uniform Act for Out-of-State Parolee Supervision.
(b) A Section Chief deputy director for the Alcoholism and Chemical Dependency Treatment Program shall be employed and shall report directly to a deputy director for the Division of Adult Correction and Juvenile Justice as designated by the Deputy Commissioner the Director for the Division of Adult Correction and Juvenile Justice.
(b) A Section Chief deputy director for the Alcoholism and Chemical Dependency Treatment Program shall be employed and shall report directly to a deputy director for the Division of Adult Correction and Juvenile Justice as designated bythe Deputy Commissioner the Director for the Division of Adult Correction and Juvenile Justice.
The unit superintendent shall be responsible for all matters pertaining to custody and administration of the unit.
The unit superintendent shall be responsible for all matters pertainingto custodyand administration of the unit.
The Section Chief deputy director of the Alcoholism and Chemical Dependency Treatment Program shall designate and direct employees to manage treatment programs at each location.
The Section Chief deputy director of the Alcoholism and Chemical DependencyTreatment Program shall designate and direct employees to manage treatment programs at each location.
The Division of Adult Correction and Juvenile Justice Prisons of the Department of Public Safety Adult Correction shall report by March 1 of each year to the Chairs of the Senate and House Appropriations Committees and the Chairs of the Senate and House Appropriations DRS15164-MMa-24C Page 5 General Assembly Of North Carolina Session 2021 Subcommittees in Justice and Public Safety Appropriations Committees on their efforts to provide effective treatment to offenders with substance abuse problems.
The Division of Adult Correction and Juvenile Justice Prisons of the Department of Public Safety Adult Correction shall report by March 1 of each year to the Chairs of the Senate and House Appropriations Committees and the Chairs of the Senate and House Appropriations Senate Bill 501-First Edition Page 5 General Assembly Of North Carolina Session 2021 Subcommittees in Justice and Public Safety Appropriations Committees on their efforts to provide effective treatment to offenders with substance abuse problems.
… (7) Evaluation of each substance abuse treatment program funded by the Division of Adult Correction and Juvenile Justice Prisons of the Department of Public Safety.
… (7) Evaluation of each substance abuse treatment program funded bythe Division of Adult Correction and Juvenile Justice Prisons of the Department of Public Safety.
The Department shall make reasonable Page 6 DRS15164-MMa-24C General Assembly Of North Carolina Session 2021 efforts to equitably distribute inmates and juvenile offenders among all hospitals or other appropriate health care facilities.
The Department shall make reasonable Page 6 Senate Bill 501-First Edition General Assembly Of North Carolina Session 2021 efforts to equitably distribute inmates and juvenile offenders among all hospitals or other appropriate health care facilities.
(c) In addition to the requirements in subsection (b) of this section, each Department of Public Safety, Health Services Section, Adult Correction, Division of Health Services, social workers worker performing administrative activities related to Medicaid eligibility for inmates shall submit Medicaid applications and any supporting documents electronically through the DRS15164-MMa-24C Page 7 General Assembly Of North Carolina Session 2021 ePass portal in the Department of Health and Human Services or through other electronic means, unless paper copies are required by federal law or regulation.
(c) In addition to the requirements in subsection (b) of this section, each Department of Public Safety, Health Services Section, Adult Correction, Division of Health Services, social workers worker performing administrative activities related to Medicaid eligibility for inmates shall submit Medicaid applications and any supporting documents electronically through the Senate Bill 501-First Edition Page 7 General Assembly Of North Carolina Session 2021 ePass portal in the Department of Health and Human Services or through other electronic means, unless paper copies are required by federal law or regulation.
Page 8 DRS15164-MMa-24C General Assembly Of North Carolina Session 2021 (b) Pursuant to subsection (c) of this section, DPS DAC shall direct that the prescribing authority of DPS DAC providers be transferred to UNC-HCS providers for identified inmates treated at a 340B Program-registered UNC-HCS site.
Page 8 Senate Bill 501-First Edition General Assembly Of North Carolina Session 2021 (b) Pursuant to subsection (c) of this section, DPS DAC shall direct that the prescribing authority of DPS DAC providers be transferred to UNC-HCS providers for identified inmates treated at a 340B Program-registered UNC-HCS site.
… (b) The Department of Public Safety Adult Correction and Juvenile Justice shall report totheJointLegislativeOversightCommitteeonJusticeandPublicSafetyandtheFiscalResearch Division by October 1, 2021, and annually thereafter, on savings achieved from the partnerships between the four prison regions and North Carolina 340B Program entities for the provision of inmate medications and services under the federal 340B Program." CONFORMING CHANGES REGARDING DEPARTMENT OF ADULT CORRECTION SECTION 1.3.(a) The following statutes are amended by deleting the language "Department of Public Safety" wherever it appears and substituting "Department of Adult Correction":
… (b) The Department of Public Safety Adult Correction and Juvenile Justice shall report totheJointLegislativeOversightCommitteeonJusticeandPublicSafetyandtheFiscalResearch Division by October 1, 2021, and annually thereafter, on savings achieved from the partnerships between the four prison regions and North Carolina 340B Program entities for the provision of inmate medications and services under the federal 340B Program." CONFORMINGCHANGES REGARDINGDEPARTMENT OFADULT CORRECTION SECTION 1.3.(a) The following statutes are amended by deleting the language "Department of Public Safety" wherever it appears and substituting "Department of Adult Correction":
DRS15164-MMa-24C Page 9 General Assembly Of North Carolina Session 2021 SECTION 1.3.(d) The following statutes are amended by deleting the language "Division of Adult Correction and Juvenile Justice" wherever it appears and substituting "Division of Prisons":
Senate Bill 501-First Edition Page 9 General Assembly Of North Carolina Session 2021 SECTION 1.3.(d) The following statutes are amended by deleting the language "Division of Adult Correction and Juvenile Justice" wherever it appears and substituting "Division of Prisons":
(b) The Section Division shall be considered a continuation of the Office of Juvenile Justice for the purpose of succession to all rights, powers, duties, and obligations of the Office and of those rights, powers, duties, and obligations exercised by the Office of the Governor on Page 10 DRS15164-MMa-24C General Assembly Of North Carolina Session 2021 behalf of the Office of Juvenile Justice.
(b) The Section Division shall be considered a continuation of the Office of Juvenile Justice for the purpose of succession to all rights, powers, duties, and obligations of the Office and of those rights, powers, duties, and obligations exercised by the Office of the Governor on Page 10 Senate Bill 501-First Edition General Assembly Of North Carolina Session 2021 behalf of the Office of Juvenile Justice.
SECTION #.(#) The following statutes are amended by deleting the language "Section" whereverit appearsand substituting "Division":
SECTION #.(#) The following statutes are amended by deleting the language "Section"whereverit appearsand substituting"Division":
DRS15164-MMa-24C Page 11 General Assembly Of North Carolina Session 2021 (4) Eligible entity.
Senate Bill 501-First Edition Page 11 General Assembly Of North Carolina Session 2021 (4) Eligible entity.
… (c) The Department of Public Safety, Community Correction Section, Division of Community Corrections, shall report by March 1 of each year to the Chairs of the Senate and House of Representatives Appropriations Subcommittees on Justice and Public Safety and the Joint Legislative Oversight Committee on Justice and Public Safety on the status of the programs funded through the Treatment for Effective Community Supervision Program.
… (c) The Department of Public Safety, Community Correction Section, Division of Community Corrections, shall report by March 1 of each year to the Chairs of the Senate and House of Representatives Appropriations Subcommittees on Justice and Public Safety and the Joint Legislative Oversight Committee on Justice and Public Safetyon the status of the programs funded through the Treatment for Effective Community Supervision Program.
"(b) The Task Force shall be composed of 36 members, 12 of whom shall be ex officio members, four of whom shall be appointed by the Governor, 10 of whom shall be appointed by Page 12 DRS15164-MMa-24C General Assembly Of North Carolina Session 2021 the Speaker of the House of Representatives, and 10 of whom shall be appointed by the President Pro Tempore of the Senate.
"(b) The Task Force shall be composed of 36 members, 12 of whom shall be ex officio members, four of whom shall be appointed by the Governor, 10 of whom shall be appointed by Page 12 Senate Bill 501-First Edition General Assembly Of North Carolina Session 2021 the Speaker of the House of Representatives, and 10 of whom shall be appointed bythe President Pro Tempore of the Senate.
When an inmate, committed to the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, Prisons of the Department of Adult Correction is transferred by the Governorto aresidential program operatedby the Division, theDivision mayreleasethejuvenile based on the needs of the juvenile and the best interests of the State.
When an inmate, committed to the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, Prisons of the Department of Adult Correction is transferred bythe Governorto aresidential program operated bythe Division, theDivision mayreleasethejuvenile based on the needs of the juvenile and the best interests of the State.
… (5) Knowingly install,place, oruse an electronictrackingdevice without consent, or cause an electronic tracking device to be installed, placed, or used without consent, to track the location of any person.
… (5) Knowinglyinstall,place, oruse an electronictrackingdevice without consent, or cause an electronic tracking device to be installed, placed, or used without consent, to track the location of anyperson.
Immediately before retirement, the individual met firearms training standards of the Division of Prisons of the Department of Adult Correction andJuvenileJusticeoftheDepartment ofPublicSafety and was authorized by the Division of Prisons of the Department of Adult Correction and Juvenile Justice of the Department of Public Safety to carry a handgun in the course of assigned duties.
Immediately before retirement, the individual met firearms training standards of the Division of Prisons of the Department of Adult Correction andJuvenileJusticeoftheDepartment ofPublicSafetyand was authorized by the Division of Prisons of the Department of Adult Correction and Juvenile Justice of the Department of Public Safety to carry a handgun in the course of assigned duties.
DRS15164-MMa-24C Page 13 General Assembly Of North Carolina Session 2021 b.
Senate Bill 501-First Edition Page 13 General Assembly Of North Carolina Session 2021 b.
– Every person charged with a crime and held in custody who has not been released pursuant to Article 26 of this Chapter, Bail, must be committed by a written order of the judicial official who conducted the initial appearance as provided in Article 24 to an appropriatedetention facilityasprovidedin thissection.Ifthepersonbeing committedbywritten order is under the age of 18, that person must be committed to a detention facility approved by the Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice to provide secure confinement and care for juveniles, or to a holdover facility as defined in G.S.
– Every person charged with a crime and held in custody who has not been released pursuant to Article 26 of this Chapter, Bail, must be committed by a written order of the judicial official who conducted the initial appearance as provided in Article 24 to an appropriatedetention facilityasprovidedin thissection.
Ifthepersonbeingcommittedbywritten order is under the age of 18, that person must be committed to a detention facility approved by the Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice to provide secure confinement and care for juveniles, or to a holdover facility as defined in G.S.
(2) The jailer or personnel of the Juvenile Justice Section Division must receive the prisoner and the order of commitment, and note on the order of Page 14 DRS15164-MMa-24C General Assembly Of North Carolina Session 2021 commitment the time and date of receipt.
(2) The jailer or personnel of the Juvenile Justice Section Division must receive the prisoner and the order of commitment, and note on the order of Page 14 Senate Bill 501-First Edition General Assembly Of North Carolina Session 2021 commitment the time and date of receipt.
… (3) Submission to a period or periods of confinement in a local confinement facilityforatotal ofnomorethansixdayspermonthduringanythreeseparate months during the period of probation.
… (3) Submission to a period or periods of confinement in a local confinement facilityforatotal ofnomorethansix dayspermonthduringanythreeseparate months during the period of probation.
If the person being ordered to a period or periods of confinement is under the age of 18, that person must be confined in a detention facility approved by the Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice to provide secure confinement and care for juveniles or to a holdover facility as definedin G.S.
If the person being ordered to a period or periods of confinement is under the age of 18, that person must be confined in a detention facility approved by the Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice to provide secure confinement and care for juveniles or to a holdover facilityas definedin G.S.
Ifthepersonbeing orderedto aperiod or periods of confinement reaches the age of 18 years while in confinement, the person may be transported by personnel of the Juvenile Justice Section of the Division, or personnel approved by the Juvenile Justice Section, to the custody of the sheriff of the applicable local confinement facility.
Ifthepersonbeingorderedto aperiod or periods of confinement reaches the age of 18 years while in confinement, the person may be transported by personnel of the Juvenile Justice Section of the Division, or personnel approved by the Juvenile Justice Section, to the custody of the sheriff of the applicable local confinement facility.
… DRS15164-MMa-24C Page 15 General Assembly Of North Carolina Session 2021 In addition to these regular conditions of probation, a defendant required to serve an active term of imprisonment as a condition of special probation pursuant to G.S.
… Senate Bill 501-First Edition Page 15 General Assembly Of North Carolina Session 2021 In addition to these regular conditions of probation, a defendant required to serve an active term of imprisonment as a condition of special probation pursuant to G.S.
15A-1351(a) shall, as additional regular conditions of probation, obey the rules and regulations of the Division of Prisons of the Department of Adult Correction and Juvenile Justice oftheDepartment ofPublicSafety governingtheconduct ofinmateswhileimprisonedandreport to a probation officer in the State of North Carolina within 72 hours of his discharge from the active term of imprisonment.
15A-1351(a) shall, as additional regular conditions of probation, obey the rules and regulations of the Division of Prisons of the Department of Adult Correction and Juvenile Justice oftheDepartment ofPublicSafetygoverningtheconduct ofinmates whileimprisonedandreport to a probation officer in the State of North Carolina within 72 hours of his discharge from the active term of imprisonment.
Whenever the warrantless search consists oftestingforthepresence ofillegal drugs,theprobationermay also be required to reimburse the Division of Adult Correction and Juvenile Justice Community Corrections of the Department of Public Safety for the actual cost of drug screening and drug testing, if the results are positive.
Whenever the warrantless search consists oftestingforthepresence ofillegal drugs, theprobationermay also be required to reimburse the Division of Adult Correction and Juvenile Justice Community Corrections of the Department of Public Safety for the actual cost of drug screening and drug testing, if the results are positive.
Page 16 DRS15164-MMa-24C General Assembly Of North Carolina Session 2021 "§ 15A-1343.2.
Page 16 Senate Bill 501-First Edition General Assembly Of North Carolina Session 2021 "§ 15A-1343.2.
… (b) Purposes of Probation for Community and Intermediate Punishments.
… (b) Purposes of Probation for Communityand Intermediate Punishments.
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– Unless the presiding judgespecifically finds in thejudgment of thecourt that delegation is not appropriate, the Section Division of Community Corrections of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety may require an offender sentenced to community punishment to do any of the following:
– Unless the presiding judge specificallyfinds in thejudgmentof thecourt thatdelegationis not appropriate,the Section Division of Community Corrections of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety may require an offender sentenced to communitypunishment to do any of the following:
The offender may file a motion with the court to review the action taken by the probation officer.
The offender mayfile a motion with the court to review the action taken bythe probation officer.
However, the offendershall haveno right ofreviewifheor shehas signeda written waiverof rights as required by this subsection.
However, the offendershall haveno right ofreviewifheor shehas signed a written waiverof rights as required by this subsection.
The probationer may be confined for the period designated on the violation report upon the execution of a waiver of rights signed by the probationer and by two officers acting as witnesses.
The probationer maybe confined for the period designated on the violation report upon the execution of a waiver of rights signed by the probationer and by two officers acting as witnesses.
Those two witnesses shall be the probation officer and another officer to be designated by the Chief Director of the Community Corrections Section Division in written Division policy.
Those two witnesses shall be the probation officer and another officer to be designated by the Chief Director of the CommunityCorrections Section Division in written Division policy.
DRS15164-MMa-24C Page 17 General Assembly Of North Carolina Session 2021 (f) Delegation to Probation Officer in Intermediate Punishments.
Senate Bill 501-First Edition Page 17 General Assembly Of North Carolina Session 2021 (f) Delegation to Probation Officer in Intermediate Punishments.
– Unless the presiding judgespecifically finds in thejudgment of thecourt that delegation is not appropriate, the Section Division of Community Corrections of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety may require an offender sentenced to intermediate punishment to do any of the following:
– Unless the presiding judge specificallyfinds in thejudgmentof thecourt thatdelegationis not appropriate,the Section Division of Community Corrections of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety may require an offender sentenced to intermediate punishment to do any of the following:
If the person being ordered to a period or periods of confinement is under the age of 18, that person must be confined in a detention facility approved by the Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice to provide secure confinement and care for juveniles or to a holdover facility as definedin G.S.
If the person being ordered to a period or periods of confinement is under the age of 18, that person must be confined in a detention facility approved by the Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice to provide secure confinement and care for juveniles or to a holdover facilityas definedin G.S.
Ifthepersonbeing orderedto aperiod or periods of confinement reaches the age of 18 years while in confinement, the person may be transported by personnel of the Division of Juvenile Justice Section of the Division, Justice, or personnel approved by the Juvenile Justice Section, to the custody of the sheriff of the applicable local confinement facility.
Ifthepersonbeingordered to aperiod or periods of confinement reaches the age of 18 years while in confinement, the person maybe transported bypersonnel of the Division of Juvenile Justice Section of the Division, Justice, or personnel approved by the Juvenile Justice Section, to the custody of the sheriff of the applicable local confinement facility.
The offender may file a motion with the court to review the action taken by the probation officer.
The offender mayfile a motion with the court to review the action taken bythe probation officer.
However, the offendershall haveno right ofreview ifheor shehas signeda written waiverof rights as required by this subsection.
However, the offendershall haveno right ofreviewifheor shehas signed a written waiverof rights as required by this subsection.
The probationer may be confined for the period designated on the violation report upon the execution of a waiver of rights signed by the probationer and by two officers acting as witnesses.
The probationer maybe confined for the period designated on the violation report upon the execution of a waiver of rights signed by the probationer and by two officers acting as witnesses.
Those two witnesses shall be the probation officer and another officer to be designated by the Chief Director of the Community Corrections Section Division in written Division policy.
Those two witnesses shall be the probation officer and another officer to be designated by the Chief Director of the CommunityCorrections Section Division in written Division policy.
Page 18 DRS15164-MMa-24C General Assembly Of North Carolina Session 2021 …." SECTION 3.1.(#) G.S.
Page 18 Senate Bill 501-First Edition General Assembly Of North Carolina Session 2021 …." SECTION 3.1.(#) G.S.
Under a sentence of special probation, the court may suspend the term of imprisonment and place the defendant on probation as provided in Article 82, Probation, and in addition require that the defendant submit to a period or periods of imprisonment in the custody of the Division of Prisons of the Department of Adult Correction and Juvenile Justice of the Department of Public Safety or a designated local confinement or treatment facility at whatever time or intervals within the period of probation, consecutive or nonconsecutive, the court determines, as provided in this subsection.
Under a sentence of special probation, the court maysuspend the term of imprisonment and place the defendant on probation as provided in Article 82, Probation, and in addition require that the defendant submit to a period or periods of imprisonment in the custodyof the Division of Prisons of the Department of Adult Correction and Juvenile Justice of the Department of Public Safety or a designated local confinement or treatment facility at whatever time or intervals within the period of probation, consecutive or nonconsecutive, the court determines, as provided in this subsection.
If the person being ordered to a period or periods of imprisonment reaches the age of 18 years while imprisoned, the person may be transported by personnel of the Division of Juvenile Justice Section of the Division, Justice, or personnel approved by the Division of Juvenile Justice Section, Justice, to the custody of the sheriff of the applicable local confinement facility.
If the person being ordered to a period or periods of imprisonment reaches the age of 18 years while imprisoned, the person maybe transported by personnel of the Division of Juvenile Justice Section of the Division, Justice, or personnel approved by the Division of Juvenile Justice Section, Justice, to the custody of the sheriff of the applicable local confinement facility.
DRS15164-MMa-24C Page 19 General Assembly Of North Carolina Session 2021 The original period of probation, including the period of imprisonment required for special probation, shall be as specified in G.S.
Senate Bill 501-First Edition Page 19 General Assembly Of North Carolina Session 2021 The original period of probation, including the period of imprisonment required for special probation, shall be as specified in G.S.
If the person sentenced to imprisonment reaches the age of 18 years while imprisoned, the person may betransported by personnel oftheJuvenileJusticeSection ofthe Division, orpersonnel approved by the Juvenile Justice Section, Division, to the custody of the sheriff of the applicable local confinement facility.
If the person sentenced to imprisonment reaches the age of 18 years while imprisoned, the person may betransported bypersonnel oftheJuvenileJusticeSection ofthe Division, orpersonnel approved by the Juvenile Justice Section, Division, to the custody of the sheriff of the applicable local confinement facility.
(b) Apersonsentenced to imprisonmentfora felony underthis Article orfornonpayment of a fine for conviction of a felony under Article 84 of this Chapter shall be committed for the term designated by the court to the custody of the Division of Prisons of the Department of Adult Correction and Juvenile Justice of the Department of Public Safety.Correction.
(b) Apersonsentenced to imprisonmentfora felonyunderthis Article orfornonpayment of a fine for conviction of a felony under Article 84 of this Chapter shall be committed for the term designated bythe court to the custodyof the Division of Prisons of the Department of Adult Correction and Juvenile Justice of the Department of Public Safety.Correction.
Personnel of the Division of Juvenile Justice Section or personnel approved by the Division of JuvenileJusticeSectionshalltransportthepersontothedetentionfacility.Ifthepersonsentenced to imprisonment reaches the age of 18 years while imprisoned, the person may be transported by personnel of the Division of Juvenile Justice Section of the Division, Justice, or personnel approved by the Division of Juvenile Justice Section, Justice, to the custody of the sheriff of the applicable local confinement facility." SECTION 3.1.(#) G.S.
Personnel of the Division of Juvenile Justice Section or personnel approved by the Division of JuvenileJusticeSectionshalltransportthepersontothedetentionfacility.
If theperson sentenced to imprisonment reaches the age of 18 years while imprisoned, the person may be transported by personnel of the Division of Juvenile Justice Section of the Division, Justice, or personnel approved by the Division of Juvenile Justice Section, Justice, to the custody of the sheriff of the applicable local confinement facility." SECTION 3.1.(#) G.S.
Page 20 DRS15164-MMa-24C General Assembly Of North Carolina Session 2021 … (c) Officers to Conduct Preliminary Hearing.
Page 20 Senate Bill 501-First Edition General Assembly Of North Carolina Session 2021 … (c) Officers to Conduct Preliminary Hearing.
– The preliminary hearing on post-release supervision violation shall be conducted by a judicial official, or by a hearing officer designated by the Commission.
– The preliminary hearing on post-release supervision violation shall be conducted by a judicial official, or by a hearing officer designated bythe Commission.
A person employed by the Division of Adult Correction and Juvenile Justice Community Corrections of the Department of Public Safety shall not serve as a hearing officer at a hearing provided by this section unless that person is a member of the Commission, or is employed solely as a hearing officer.
A person employed bythe Division of Adult Correction and Juvenile Justice Community Corrections of the Department of Public Safety shall not serve as a hearing officer at a hearing provided by this section unless that person is a member of the Commission, or is employed solely as a hearing officer.
At the hearing, the supervisee may appear and speak in the supervisee's own behalf, may present relevant information, and may,on request, personallyquestionwitnesses and adverseinformants, unless the hearing officer finds good cause for not allowing confrontation.
At the hearing, the supervisee may appear and speak in the supervisee's own behalf, may present relevant information, and may, on request, personallyquestionwitnesses and adverseinformants, unless the hearing officer finds good cause for not allowing confrontation.
– The Division of Adult Correction and Juvenile Justice Community Corrections of the Department of Public Safety must give the parolee notice of the preliminary hearing and its purpose, including a statement of the violations alleged.
– The Division of Adult Correction and Juvenile Justice CommunityCorrections of the Department of Public Safetymust give the parolee notice of the preliminary hearing and its purpose, including a statement of the violations alleged.
… (8) The capital felony was committed against a law-enforcement officer, employee of the Division of Prisons of the Department of Adult Correction and Juvenile Justice Correction, an employee of the Division of Community Corrections of the Department of Public Safety, jailer, fireman, judge or DRS15164-MMa-24C Page 21 General Assembly Of North Carolina Session 2021 justice, former judge or justice, prosecutor or former prosecutor, juror or former juror, or witness or former witness against the defendant, while engaged in the performance of his official duties or because of the exercise of his official duty.
… (8) The capital felony was committed against a law-enforcement officer, employee of the Division of Prisons of the Department of Adult Correction and Juvenile Justice Correction, an employee of the Division of Community Corrections of the Department of Public Safety, jailer, fireman, judge or Senate Bill 501-First Edition Page 21 General Assembly Of North Carolina Session 2021 justice, former judge or justice, prosecutor or former prosecutor, juror or former juror, or witness or former witness against the defendant, while engaged in the performance of his official duties or because of the exercise of his official duty.
NorthCarolinaCriminalJusticeEducationandTrainingStandards Commission established;
NorthCarolinaCriminalJusticeEducationandTrainingStandardsCommission established;
Theexofficiomembersmayelecttoservepersonallyatanyorallmeetings Page 22 DRS15164-MMa-24C General Assembly Of North Carolina Session 2021 of the Commission or may designate, in writing, one member of their respective office, department, university or agency to represent and vote for them on the Commission at all meetings the ex officio members are unable to attend.
Theexofficiomembersmayelecttoservepersonallyatanyorallmeetings Page 22 Senate Bill 501-First Edition General Assembly Of North Carolina Session 2021 of the Commission or may designate, in writing, one member of their respective office, department, university or agency to represent and vote for them on the Commission at all meetings the ex officio members are unable to attend.
… (2) Courses requested by the following entities that support the organizations' training needs and are on a specialized course list approved by the State Board of Community Colleges:
… (2) Courses requested by the following entities that support the organizations' training needs and are on a specialized course list approved bythe State Board of Community Colleges:
one member of the Senate and one parent of a child with a disability between the ages of birth and 26 appointed by the President Pro Tempore of the Senate;
one member of the Senate and one parent of a child with a disabilitybetween the ages of birth and 26 appointed bythe President Pro Tempore of the Senate;
one member of the House of Representatives and one parent of a child with a disability appointed by the Speaker of the House of Representatives;
one member of the House of Representatives and one parent of a child with a disabilityappointed by the Speaker of the House of Representatives;
DRS15164-MMa-24C Page 23 General Assembly Of North Carolina Session 2021 (2) The Secretary of Public Safety or the Secretary's designee.
Senate Bill 501-First Edition Page 23 General Assembly Of North Carolina Session 2021 (2) The Secretary of Public Safety or the Secretary's designee.
Page 24 DRS15164-MMa-24C General Assembly Of North Carolina Session 2021 4.
Page 24 Senate Bill 501-First Edition General Assembly Of North Carolina Session 2021 4.
1 DRS15164-MMa-24C Page 25 General Assembly Of North Carolina Session 2021 Office of Administrative Hearings......................................................................
1 Senate Bill 501-First Edition Page 25 General Assembly Of North Carolina Session 2021 Office of Administrative Hearings......................................................................1 Rules Review Commission.................................................................................
1 Rules Review Commission.................................................................................
– This term shall apply to all ofthe following deaths:
– This term shall applyto all ofthe followingdeaths:
The death of a noncustodial employee who, while performing his or her official duties, is killed in a manner reasonably determined by the Industrial Commission to be directly caused by an individual or individuals in the custody of either the Division of Prisons of the Department ofAdult Correction and ortheDivision of JuvenileJustice of the Department of Public Safety.
The death of a noncustodial employee who, while performing his or her official duties, is killed in a manner reasonably determined by the Industrial Commission to be directly caused by an individual or individuals in the custody of either the Division of Prisons of the Department ofAdult Correction and ortheDivision ofJuvenileJustice of the Department of Public Safety.
… Page 26 DRS15164-MMa-24C General Assembly Of North Carolina Session 2021 (7) Law enforcement officer or officer.
… Page 26 Senate Bill 501-First Edition General Assembly Of North Carolina Session 2021 (7) Law enforcement officer or officer.
The provisions of this Article shall apply and be in full force and effect with respect to any law-enforcement officer, firefighter, rescue squad worker or senior Civil Air Patrol member killed in the line of duty on or after May 13, 1975.
The provisions of this Article shall apply and be in full force and effect with respect to any law-enforcement officer, firefighter, rescue squad worker or senior Civil Air Patrol member killed in the line of duty on or after May13, 1975.
DRS15164-MMa-24C Page 27 General Assembly Of North Carolina Session 2021 (9) Juvenile Justice Officers, Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety;Safety.
Senate Bill 501-First Edition Page 27 General Assembly Of North Carolina Session 2021 (9) Juvenile Justice Officers, Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety;Safety.
"(a) The Council on Developmental Disabilities of the Department of Health and Human Services shall consist of 32 members appointed by the Governor.
"(a) The Council on Developmental Disabilities of the Department of Health and Human Services shall consist of 32 members appointed bythe Governor.
The Governor, the Chief Justice of the Supreme Court of North Carolina (or the Chief Justice's designee), the Attorney General, the Director of the Administrative Office of the Courts, the Secretary of theDepartment ofHealth and HumanServices, the Secretary ofPublic Safety (or the Secretary's designee), the Secretary of the Department of Adult Correction (or the Secretary's designee), and the Superintendent of Public Instruction;
The Governor, the Chief Justice of the Supreme Court of North Carolina (or the Chief Justice's designee), the Attorney General, the Director of the Administrative Office of the Courts, the Secretary of theDepartment ofHealth and HumanServices, the SecretaryofPublic Safety (or the Secretary's designee), the Secretary of the Department of Adult Correction (or the Secretary's designee), and the Superintendent of Public Instruction;
… (2) The nonvoting members shall be the Director of the State Bureau of Investigation, the Deputy Chief Director of the Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety who is responsible for Intervention/Prevention programs, the Deputy Chief Director of the Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety who is responsible for Youth Development Page 28 DRS15164-MMa-24C General Assembly Of North Carolina Session 2021 programs, the Section Chief of the Section Director of Prisons of the Division Department of Adult Correction and Juvenile Justice and Correction, and the Section Chief Director of the Section Division of Community Corrections of the Division of Adult Correction and Juvenile Justice.Department of Public Safety.
… (2) The nonvoting members shall be the Director of the State Bureau of Investigation, the Deputy Chief Director of the Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety who is responsible for Intervention/Prevention programs, the Deputy Chief Director of the Division of Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety who is responsible for Youth Development Page 28 Senate Bill 501-First Edition General Assembly Of North Carolina Session 2021 programs, the Section Chief of the Section Director of Prisons of the Division Department of Adult Correction and Juvenile Justice and Correction, and the Section Chief Director of the Section Division of Community Corrections of the Division of Adult Correction and Juvenile Justice.Department of Public Safety.
(1) The following members shall serve by virtue of their office:
(1) The following members shall serve byvirtue of their office:
(a) Whenever the Secretary of Public Safety the Department of Adult Correction determines from data compiled by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety Prisons that it is necessary to reduce the prison population to a more manageable level or to meet the State's obligations under law, he the Secretary shall direct the Post-Release Supervision and Parole Commission to release on parole over a reasonable period of time a number of prisoners sufficient to that purpose.
(a) Whenever the Secretary of Public Safety the Department of Adult Correction determines from data compiled by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety Prisons that it is necessaryto reduce the prison population to a more manageable level or to meet the State's obligations under law, he the Secretary shall direct the Post-Release Supervision and Parole Commission to release on parole over a reasonable period of time a number of prisoners sufficient to that purpose.
first or second degree murder, voluntary manslaughter, first or second degree rape, first or second degree sexual offense, any DRS15164-MMa-24C Page 29 General Assembly Of North Carolina Session 2021 sexual offense involving a minor, robbery, kidnapping, or assault, or attempting, soliciting, or conspiring to commit any of those offenses.
first or second degree murder, voluntary manslaughter, first or second degree rape, first or second degree sexual offense, any Senate Bill 501-First Edition Page 29 General Assembly Of North Carolina Session 2021 sexual offense involving a minor, robbery, kidnapping, or assault, or attempting, soliciting, or conspiring to commit any of those offenses.
(a) The sheriff having in charge any prisoner to be taken to the State prison system shall send the prisoner to the custody of the Division of Prisons of the Department of Adult Correction and Juvenile Justice of the Department of Public Safety after sentencing and the disposal of all pending charges against the prisoner, if no appeal has been taken.
(a) The sheriff having in charge any prisoner to be taken to the State prison system shall send the prisoner to the custodyof the Division of Prisons of the Department of Adult Correction and Juvenile Justice of the Department of Public Safety after sentencing and the disposal of all pending charges against the prisoner, if no appeal has been taken.
Beginning on the day after the Section of Prisons of the Division of Adult Correction and Juvenile Justice has been notified by the sheriff that a prisoner is ready for transfer and the Division has informed the sheriff that bedspaceis not availableforthat prisoner,andcontinuing throughthedaytheprisoneris received by the Section of Prisons of the Division of Adult Correction and Juvenile Justice, Division, the Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall pay the county:
Beginning on the day after the Section of Prisons of the Division of Adult Correction and Juvenile Justice has been notified by the sheriff that a prisoner is ready for transfer and the Division has informed the sheriff that bedspaceis not availableforthat prisoner,andcontinuingthrough thedaytheprisoneris received by the Section of Prisons of the Division of Adult Correction and Juvenile Justice, Division, the Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall pay the county:
Page 30 DRS15164-MMa-24C General Assembly Of North Carolina Session 2021 Notwithstanding any other provision of law, but subject to the provisions of this Article, the State Construction Office may utilize inmates in the custody of the Division of Adult Correction Prisons of the Department of Public Safety Adult Correction through the Inmate Construction Program for repair and renovation projects on State-owned facilities, with priority given to Department of Public Safety Adult Correction construction projects.
Page 30 Senate Bill 501-First Edition General Assembly Of North Carolina Session 2021 Notwithstanding any other provision of law, but subject to the provisions of this Article, the State Construction Office may utilize inmates in the custody of the Division of Adult Correction Prisons of the Department of Public Safety Adult Correction through the Inmate Construction Program for repair and renovation projects on State-owned facilities, with priority given to Department of Public Safety Adult Correction construction projects.
The rules and regulations for the government of the State prison system may provide for the recapture of convicts that may escape, or any convicts that may have escaped from the State's prison or prison camps, or county road camps of this State, and the Division of Adult Correction and Juvenile Justice Prisons of the Department of Public Safety Adult Correction may pay to any person recapturing an escaped convict such reward or expense of recapture as the regulations may provide.
The rules and regulations for the government of the State prison system may provide for the recapture of convicts that may escape, or any convicts that may have escaped from the State's prison or prison camps, or county road camps of this State, and the Division of Adult Correction and Juvenile Justice Prisons of the Department of Public Safety Adult Correction maypayto any person recapturing an escaped convict such reward or expense of recapture as the regulations may provide.
7B-2204, no person under the age of 18 may be held in a county confinement facility unless there is an agreement between the county confinement facility and theDivision of Adult Correctionand JuvenileJusticeallowing thehousing ofpersons under the age of 18 at the facility or a portion of the facility that has been approved as a juvenile detention facility by the Division ofJuvenileJusticeSection.
7B-2204, no person under the age of 18 may be held in a county confinement facility unless there is an agreement between the county confinement facilityand theDivision of Adult Correction and JuvenileJusticeallowingthehousingofpersons under the age of 18 at the facility or a portion of the facility that has been approved as a juvenile detention facilitybythe Division ofJuvenileJusticeSection.
DRS15164-MMa-24C Page 31 General Assembly Of North Carolina Session 2021 "(b1) The Department of Public Safety, Health Services Section, Division of Health Services of the Department of Adult Correction shall maintain records of prisoners transferred to a unit of the State prison system pursuant to subsection (b) of this section.
Senate Bill 501-First Edition Page 31 General Assembly Of North Carolina Session 2021 "(b1) The Department of Public Safety, Health Services Section, Division of Health Services of the Department of Adult Correction shall maintain records of prisoners transferred to a unit of the State prison system pursuant to subsection (b) of this section.
Correction population simulationmodel;
Correction population simulation model;
JuvenileJusticeSection oftheDivision of Adult Correction and Juvenile Justice of the Department of Public Safety juvenile justice facilities population simulation model.
JuvenileJusticeSection of theDivision of Adult Correction and Juvenile Justice of the Department of Public Safety juvenile justice facilities population simulation model.
… (d) Once the primary duties of the Commission have been accomplished, it shall have the continuing duty to monitor and review the criminal justice and corrections systems and the juvenile justice system in this State to ensure that sentences and dispositions remain uniform and consistent, and that the goals and policies established by the State are being implemented by sentencing and dispositional practices, and it shall recommend methods by which this ongoing work may be accomplished and by which the correctional population simulation model and the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety juvenile justice facilities population simulation model developed under G.S.
… (d) Once the primaryduties of the Commission have been accomplished, it shall have the continuing duty to monitor and review the criminal justice and corrections systems and the juvenile justice system in this State to ensure that sentences and dispositions remain uniform and consistent, and that the goals and policies established by the State are being implemented by sentencing and dispositional practices, and it shall recommend methods by which this ongoing work may be accomplished and by which the correctional population simulation model and the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety juvenile justice facilities population simulation model developed under G.S.
The Judicial Department, through the North Carolina Sentencing and Policy Advisory Commission, the Division of Prisons of the Department of Adult Correction, and the Division of Page 32 DRS15164-MMa-24C General Assembly Of North Carolina Session 2021 Adult Correction and Juvenile Justice Community Corrections of the Department of Public Safety shall jointly conduct ongoing evaluations of community corrections programs and in-prison treatment programs and make a biennial report to the General Assembly.
The Judicial Department, through the North Carolina Sentencing and Policy Advisory Commission, the Division of Prisons of the Department of Adult Correction, and the Division of Page 32 Senate Bill 501-First Edition General Assembly Of North Carolina Session 2021 Adult Correction and Juvenile Justice Community Corrections of the Department of Public Safety shall jointly conduct ongoing evaluations of community corrections programs and in-prison treatment programs and make a biennial report to the General Assembly.
During the 1998-99 fiscal year, the Sentencing and Policy Advisory Commission shall coordinatethecollection ofall data necessary to create anexpanded databasecontaining offender information on prior convictions, current conviction and sentence, program participation, and outcomemeasures.
During the 1998-99 fiscal year, the Sentencing and Policy Advisory Commission shall coordinatethecollection ofall data necessaryto create anexpanded databasecontainingoffender information on prior convictions, current conviction and sentence, program participation, and outcomemeasures.
DRS15164-MMa-24C Page 33
Senate Bill 501-First Edition Page 33
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Action History

  1. Withdrawn From Com

  2. Re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate

  3. Passed 1st Reading

  4. Ref To Com On Rules and Operations of the Senate

  5. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 1 co-sponsors · 176 not signed on

Sponsors (2)

Co-sponsors (1)

  • Steinburg

Not signed on (176)

176 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety
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Frequently asked questions

Who sponsors SB 501?
SB 501 is sponsored by Warren Daniel (Republican), Danny Earl Britt, Jr. (Republican), and Steinburg.
What is the current status of SB 501?
This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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