SB 656 — Equity in Justice Act of 2021.

(a) A law enforcement officer or agency shall fingerprint and photograph a juvenile who was 10 years of age or older at the time the juvenile allegedly committed a nondivertible offense DRS35251-NDa-34ASenate Bill 656-First Edition Page 17 General Assembly Of North Carolina Session 2021 as set forth in G.S.

The State Bureau of Investigation shall release anyanyphotograph photograph it receives pursuant to this section to the Division, upon the Division's request.

In anyanycase case in which a juvenile, who was at least 11 12 years of age at the time of the offense, is adjudicated delinquent for committing a violation of G.S.

Except as otherwiseprovided, this Partis effectivewheniteffectivewhen it becomes law.

Page 18 DRS35251-NDa-34ASenate Bill 656-First Edition General Assembly Of North Carolina Session 2021 (a) A school resource officer is any law enforcement officer assigned to one or more public schools within a public school unit for at least 20 hours per week for more than 12 weeks per calendar year to assist with all of the following, consistent with any written memorandum of understanding between the public school unit and the law enforcement agency governing the school resource officer:

(5) AnyAnyadditional additional responsibilities related to school safety or securitysecurityassigned assigned by the officer's employer while the officer is acting as a school resource officer.

(b) All school resourceofficersshall complywithinitialcomplywith traininginitial standards,astrainingstandards,as established by subsection (c) of this section, within one year of being assigned as a school resource officer.

115C-105.70,shallbesignedby115C-105.70,shallbesignedbyaschool aschool administrator or school social worker prior to being referred in accordance with G.S.

DRS35251-NDa-34ASenate Bill 656-First Edition Page 19 General Assembly Of North Carolina Session 2021 SECTION14.3.

Transfer ofjurisdictionof ofajuvenileatleast16jurisdiction of ajuvenileatleast16 years ofagetosuperiorcourt.of agetosuperiorcourt.

(1) Notice to the juvenile and a finding by the court that a bill of indictment has been returned against the juvenile charging the commission of an offense that constitutesaClassA,B1,constitutesaClassA, B2,B1, C,D,E,B2,C, D, E, F,orG felonyifcommittedbyfelonyif anadult.committedbyanadult.

The maximum term may be reduced to, but not below, the minimum term by earned time credits awarded to an offender by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety or the custodian of the local confinement facility, pursuant to rules adopted in accordance with law." SECTIONSECTION16.2. 16.2.

Page 20 DRS35251-NDa-34ASenate Bill 656-First Edition General Assembly Of North Carolina Session 2021 (1) If the sole basis for conviction of a count or each count of first degree murder was the felony murder rule, then the court shall sentence the defendant to life imprisonment with parole.

DRS35251-NDa-34ASenate Bill 656-First Edition Page 21 General Assembly Of North Carolina Session 2021 (c) The judge who presided at the trial of the defendant is empowered to act upon the motion for appropriate relief even though the judge is in another district or even though the judge'scommissionjudge's commission has expired;

however,ifthejudgewhopresidedat thetrialisthetrial is still unavailable to act, the senior resident superior court judge shall assign a judge whoiswho is empowered to act under subsection (b) of this section.

A prisonersentenced under theFairSentencingtheFairSentencingAct ActforaClass foraClassDthroughClassDthroughClassJ J felony, whomeets the criteria established pursuant to this section, is eligible for parole consideration after completion of the service of at least 20 years imprisonment less any credit allowed under applicable State law.

Page 22 DRS35251-NDa-34ASenate Bill 656-First Edition General Assembly Of North Carolina Session 2021 (2) Release the defendant upon his the defendant's execution of an unsecured appearance bond in an amount specified by the judicial official.

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 thereofwhoisthereof whois executingthebondforthedefendant's releasepursuant to that order.

(d1) When conditions of pretrial release are being imposed on a defendant who has failed on one or more prior occasions to appear to answer one or more of the charges to which the DRS35251-NDa-34ASenate Bill 656-First Edition Page 23 General Assembly Of North Carolina Session 2021 conditions apply, the judicial official shall at a minimum impose the conditions of pretrial release that are recommended in any order for the arrest of the defendant that was issued for the defendant's most recent failure to appear.

Page 24 DRS35251-NDa-34ASenate Bill 656-First Edition General Assembly Of North Carolina Session 2021 "§ 20-24.1.

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 any and all fees which may DRS35251-NDa-34ASenate Bill 656-First Edition Page 25 General Assembly Of North Carolina Session 2021 be provided by law.

If the defendant is not taken into custody, or is released pursuant to Article 26 of this Chapter, Bail, within 96 48 hours after being taken into custody, first appearance must be held at Page 26 DRS35251-NDa-34ASenate Bill 656-First Edition General Assembly Of North Carolina Session 2021 the next session of district court held in the county.

(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.

If the district court judge finds by clear and convincing evidence DRS35251-NDa-34ASenate Bill 656-First Edition Page 27 General Assembly Of North Carolina Session 2021 that the conditions of pretrial release under G.S.

… (3) A motion for appropriate relief under Chapter 15A of the General Statutes if appointment of counsel is authorized by Chapter 15A of the General Statutes and the defendant has been convicted of a felony, has been fined five two Page 28 DRS35251-NDa-34ASenate Bill 656-First Edition General Assembly Of North Carolina Session 2021 hundred dollars ($500.00) ($200.00) or more, or has been sentenced to a term of imprisonment.

(a) The Commissioner of Motor Vehicles shall annually provide to each county jury commissionanalphabeticallistofallpersonsthattheCommissionerhasdeterminedareresidents 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 DRS35251-NDa-34ASenate Bill 656-First Edition Page 29 General Assembly Of North Carolina Session 2021 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.

PROMOTING THE DIGNITY OF WOMEN WHO ARE INCARCERATED Page 30 DRS35251-NDa-34ASenate Bill 656-First Edition General Assembly Of North Carolina Session 2021 SECTION 23.1.

– 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.

– 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 trimesters 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 ordering use of restraints on any incarcerated woman while in the postpartum recovery period shall submit a written report to the warden or administrator of the DRS35251-NDa-34ASenate Bill 656-First Edition Page 31 General Assembly Of North Carolina Session 2021 correctional facility within 72 hours following the use of restraints.

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.

– 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.

Page 32 DRS35251-NDa-34ASenate Bill 656-First Edition General Assembly Of North Carolina Session 2021 (b) Visitation.

– 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.

– 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.

DRS35251-NDa-34ASenate Bill 656-First Edition Page 33 General Assembly Of North Carolina Session 2021 (b) Educational Programming for Pregnant Incarcerated Women.

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

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