Bill Summary – FastDemocracy

H.B. 641
                         GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                            Apr 9, 2019
                                     SESSION 2019                                     HOUSE PRINCIPAL CLERK
     H                                                                                              D
                                   HOUSE BILL DRH10354-ND-66
     Short Title:   Modifications to Various DPS Provisions.                                   (Public)
     Sponsors:      Representatives Boles, Pierce, Speciale, and R. Turner (Primary Sponsors).
     Referred to:
                                A BILL TO BE ENTITLED
 AN ACT TO MAKE CHANGES TO LAWS RELATED TO PUBLIC SAFETY, AS
    RECOMMENDED BY THE DEPARTMENT OF PUBLIC SAFETY.
 The General Assembly of North Carolina enacts:
 5
 PART I. NC NATIONAL GUARD CIVILIAN LEAVE OPTION.
             SECTION 1. G.S. 127A-111(a) reads as rewritten:
     "(a) A member of the North Carolina National Guard called into service of the State by
 the Governor shall have the right to take leave without pay from his or her the member's civilian
 employment. No member of the North Carolina National Guard shall be forced to use or exhaust
 his or her any of the member's vacation or other accrued leaves from his or her the member's
 civilian employment for a period of active service. The choice of leave shall be solely within the
 discretion of the member."
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 PART II. LAPSED PROVISION PROVIDING DEPARTMENTAL MAINTENANCE
 WORKERS TO REPAIR CERTAIN SYSTEMS, SUCH AS ELECTRICAL OR
 PLUMBING, WITHOUT REQUIRING LICENSURE BY STATE LICENSING
 BOARDS.
             SECTION 2. Article 13 of Chapter 143B of the General Statutes is amended by
 adding a new section to read:
 "§ 143B-600.1. Employees of the Department of Public Safety may perform installation,
             construction, maintenance, and repair work for the Department.
     Notwithstanding any other provision of the law, an employee of the North Carolina
 Department of Public Safety may perform work involving the installation, construction,
 maintenance, or repair of any buildings, wiring, piping, devices, appliances, or equipment located
 in or constituting improvements located on State-owned land without the requirement of
 licensure under Chapter 87 of the General Statutes if the work is performed by an employee who
 is employed by the Department and either the work performed is valued at less than one hundred
 thousand dollars ($100,000) or all work is performed as force-account work otherwise authorized
 by law up to the value authorized. The Office of State Construction may regulate work performed
 pursuant to this section to ensure compliance with building and safety codes. Nothing in this
 section shall be construed to allow an employee of a State agency or institution to engage in any
 activities described in this section privately or outside the employee's scope of employment
 without meeting all licensure requirements otherwise required by law."
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                                   *DRH10354-ND-66*
     General Assembly Of North Carolina                                                    Session 2019
 PART III. CLARIFY AND REVISE DUTIES AND POWERS OF PROBATION
 OFFICERS.
              SECTION 3. G.S. 15-205 reads as rewritten:
 "§ 15-205. Duties and powers of the probation officers.
     "(a) A probation officer shall investigate all cases referred to him the officer for
 investigation by the judges of the courts or by the Secretary of Public Safety. Such The officer
 shall keep informed concerning the conduct and condition of each person on probation under his
 the officer's supervision by visiting, requiring reports, and in other ways, and shall report thereon
 in writing as often as the court or the Secretary of Public Safety may require. Such The officer
 shall use all practicable and suitable methods, not inconsistent with the conditions imposed by
 the court or the Secretary of Public Safety, to aid and encourage persons on probation to bring
 about improvement in their each person's conduct and condition. Such The officer shall keep
 detailed records of his work; the officer's work, shall make such reports in writing to the Secretary
 of Public Safety as he the Secretary of Public Safety may require; require, and shall perform such
 other duties as the Secretary of Public Safety may require. A probation officer shall have, in the
 execution of his the officer's duties, the powers of arrest and, to the extent necessary for the
 performance of his duties, the same right to execute process as is now given, or that may hereafter
 be given by law, to the sheriffs of this State.the authority to serve any warrant or other process
 issuing from any of the courts of the State having criminal jurisdiction.
     (b)      Probation officers shall have authority to assist law enforcement officers in effecting
 arrests and preventing escapes from custody when requested to do so by the officer or when, in
 the judgment of the probation officer, such assistance may be necessary. When rendering
 assistance pursuant to this provision, probation officers have authority to arrest and to take
 enforcement action for any criminal offense.
     (c)      Probation officers shall have the subject matter jurisdiction of law enforcement
 officers on prison property for the purpose of protecting life and property, for the purpose of
 transferring prisoners from place to place as the officers' duties might require, and for
 apprehending, arresting, and returning to prison escaped prisoners.
     (d)      Probation officers shall have subject matter jurisdiction of law enforcement officers
 when responding to active assailant incidents and civil disturbances or when assigned by the
 Secretary to perform additional duties during times of manmade or natural disasters."
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 PART IV. MOTOR FLEET EXEMPTION FOR PROBATION OFFICERS.
          SECTION 4. G.S. 143-341(8)i.3. reads as rewritten:
                     "3.    To require on a schedule determined by the Department all
                            State agencies to transfer ownership, custody or control of any
                            or all passenger motor vehicles within the ownership, custody
                            or control of that agency to the Department, except those motor
                            vehicles under the ownership, custody or control of the
                            Highway Patrol, the State Bureau of Investigation, the
                            Samarcand Training Academy, Community Corrections, or the
                            constituent institutions of The University of North Carolina
                            which are used primarily for law-enforcement purposes."
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 PART V. CLARIFY, EXPAND, AND REVISE DUTIES OF POST-RELEASE
 SUPERVISION AND PAROLE COMMISSION.
            SECTION 5. G.S. 143B-720 reads as rewritten:
 "§ 143B-720. Post-Release Supervision and Parole Commission – creation, powers and
            duties.
    (a)     There is hereby created a Post-Release Supervision and Parole Commission of the
 Division of Adult Correction and Juvenile Justice of the Department of Public Safety with the
     Page 2                                                                          DRH10354-ND-66
     General Assembly Of North Carolina                                                   Session 2019
 authority to grant paroles, including both regular and temporary paroles, to persons held by virtue
 of any final order or judgment of any court of this State as provided in Chapter 148 of the General
 Statutes and laws of the State of North Carolina, except that persons sentenced under Article 81B
 of Chapter 15A of the General Statutes are not eligible for parole but may be conditionally
 released into the custody and control of United States Immigration and Customs Enforcement
 pursuant to G.S. 148-64.1. The Commission shall also have authority to revoke, terminate, and
 suspend paroles of such persons (including persons placed on parole on or before the effective
 date of the Executive Organization Act of 1973) and to assist the Governor in exercising his the
 Governor's authority in granting reprieves, commutations, and pardons, and shall perform such
 other services as may be required by the Governor in exercising his the Governor's powers of
 executive clemency. The Commission shall also have authority to revoke and terminate persons
 on post-release supervision, as provided in Article 84A of Chapter 15A of the General Statutes.
 Statutes, and issue orders of temporary or conditional revocation of post-release supervision and
 parole subjecting supervisees and parolees to arrest by a law enforcement officer or a post-release
 supervision and parole officer. The Commission shall also have the authority to punish for
 criminal contempt for willful refusal to accept post-release supervision or to comply with the
 terms of post-release supervision by a prisoner whose offense requiring post-release supervision
 is a reportable conviction subject to the registration requirement of Article 27A of Chapter 14 of
 the General Statutes. Any contempt proceeding conducted by the Commission shall be in
 accordance with G.S. 5A-15 as if the Commission were a judicial official.
      …
      (h)    All orders of temporary or conditional revocation of post-release supervision and
 parole subjecting supervisees and parolees to arrest by a law enforcement officer or a post-release
 supervision and parole officer shall be entered into NCAWARE."
25
 PART VI. MALICIOUS CONDUCT BY PRISONER CLARIFICATION. CLARIFY
 MALICIOUS CONDUCT STATUTE TO EXPRESSLY REQUIRE AN ACTIVE
 SENTENCE FOR FELONY OFFENSES. (NO EXCEPTIONS FOR NONVIOLENT
 FIRST TIME OFFENDERS, CONDITIONAL DISMISSALS UNDER G.S. 90-96, OR
 OTHER COMPARABLE JUDICIAL DISPOSITION ALTERNATIVES.)
              SECTION 6.(a) G.S. 14-258.4 reads as rewritten:
 "§ 14-258.4. Malicious conduct by prisoner.
     (a)      Any prisoner who knowingly and willfully throws, emits, or causes to be used as a
 projectile, any bodily fluids, excrement, or unknown substance at an employee, while the
 employee is in the performance of the employee's duties, is guilty of a Class F felony.
     (b)      Any prisoner who knowingly and willfully exposes genitalia to an employee while
 the employee is in the performance of the employee's duties is guilty of a Class I felony.felony
 and shall be sentenced to a minimum term of six months and a maximum term of 12 months in
 the State's prison.
     (c)      The provisions of this section apply to violations committed inside or outside of the
 prison, jail, detention center, or other confinement facility.
     (d)      Sentences imposed under this Article section shall run consecutively to and shall
 commence at the expiration of any sentence being served served, for any offense, by the person
 sentenced under this section.sentenced."
              SECTION 6.(b) This section is effective December 1, 2019, and applies to offenses
 committed on or after that date.
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 PART VII. PROVIDING FORBIDDEN ARTICLES OR TOOLS FOR ESCAPE;
 POSSESSING TOOLS FOR ESCAPE CLARIFICATION. CLARIFY STATUTE TO
 EXPRESSLY REQUIRE AN ACTIVE SENTENCE FOR FELONY OFFENSES. (NO
 EXCEPTIONS FOR NONVIOLENT FIRST TIME OFFENDERS, CONDITIONAL
     DRH10354-ND-66                                                                              Page 3
     General Assembly Of North Carolina                                                   Session 2019
 DISMISSALS UNDER G.S. 90-96, OR OTHER COMPARABLE JUDICIAL
 DISPOSITION ALTERNATIVES.)
             SECTION 7.(a) G.S. 14-258 reads as rewritten:
 "§ 14-258. Providing forbidden articles or tools for escape; possessing tools for escape.
     (a)     Providing Forbidden Articles or Tools for Escape. – Any person who sells, trades,
 conveys, or provides any of the following to a prisoner is guilty of a Class H felony:
             (1)     An article forbidden by prison rules.
             (2)     A letter, oral message, weapon, tool, good, clothing, device, or instrument, to
                     effect an escape, or aide in an assault or insurrection.
     (b)     Increased Penalty. – Any violation of subdivision (2) of subsection (a) of this section
 that does effect an escape, assault, or insurrection is a Class F felony.
     (c)     Possessing Tools for Escape. – Any prisoner who possesses a letter, weapon, tool,
 good, article of clothing, device, or instrument to do any of the following effect an escape or aid
 in an assault or insurrection is guilty of a Class H felony:felony and shall be sentenced to a
 minimum term of 12 months and a maximum term of 24 months in the State's prison.
             (1)     To effect an escape.
             (2)     Aide in an assault or insurrection.
     (d)     Application. – The provisions of this section apply to violations committed inside or
 outside of the prison, jail, detention center, or other confinement facility."
             SECTION 7.(b) G.S. 15A-1368.1 reads as rewritten:
 "§ 15A-1368.1. Applicability of Article 84A.
     This Article applies to all felons sentenced to an active punishment under Article 81B of this
 Chapter or Chapter, G.S. 90-95(h), 14-258, or 14-258.4, but does not apply to felons in Class A
 and Class B1 sentenced to life imprisonment without parole. Prisoners subject to Articles 85 and
 85A of this Chapter are excluded from this Article's coverage."
             SECTION 7.(c) This section is effective December 1, 2019, and applies to offenses
 committed on or after that date.
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 PART VIII. TORT CLAIMS REVISIONS.
             SECTION 8.(a) Article 1 of Chapter 143 of the General Statutes is amended by
 adding a new section to read:
 "§ 143-18.2. Prisoner property.
     (a)     In no event shall the personal property of an inmate in the custody of the Department
 of Public Safety, Division of Adult Correction and Juvenile Justice, exceed a maximum total
 value of two hundred fifty dollars ($250.00).
     (b)     When the property of an inmate in the custody of the Department of Public Safety,
 Division of Adult Correction and Juvenile Justice, is lost, destroyed, or otherwise damaged
 through the negligent maintenance of the correctional facility or the negligence of staff members
 of the correctional facility, the Department of Public Safety shall reimburse the inmate for the
 value of the item, or provide for replacement of the item, when the Department's Administrative
 Remedies Procedure results in this recommendation. This shall be the inmate's sole remedy for
 property loss, damage, or destruction.
     (c)     Reimbursement shall be calculated in a manner authorized by the Department of
 Public Safety, Division of Adult Correction and Juvenile Justice Policy, but in no event shall
 reimbursement exceed a maximum of two hundred fifty dollars ($250.00) per incident, nor shall
 an inmate in the custody of the Department of Public Safety, Division of Adult Correction and
 Juvenile Justice, be reimbursed for lost, damaged, or destroyed State issued property."
             SECTION 8.(b) Article 1 of Chapter 143 of the General Statutes is amended by
 adding a new section to read:
 "§ 143-295.2. Inmate property claims against the Department of Public Safety.
     Page 4                                                                         DRH10354-ND-66
     General Assembly Of North Carolina                                                    Session 2019
     When the property of an inmate in the custody of the Department of Public Safety, Division
 of Adult Correction and Juvenile Justice, is lost, destroyed, or otherwise damaged through the
 negligent handling of its correctional facility, or staff members thereof, the inmate shall have no
 recourse under this article. Instead, the Department of Public Safety shall reimburse the inmate
 for the value of the item, or provide for replacement of the item, as described in G.S. 148-18.2."
             SECTION 8.(c) G.S. 143-291 reads as rewritten:
 "§ 143-291. Industrial Commission constituted a court to hear and determine claims;
             damages; liability insurance in lieu of obligation under Article.
     (a)     The North Carolina Industrial Commission is hereby constituted a court for the
 purpose of hearing and passing upon tort claims against the State Board of Education, the Board
 of Transportation, and all other departments, institutions and agencies of the State. The Industrial
 Commission shall determine whether or not each individual claim arose as a result of the
 negligence of any officer, employee, involuntary servant or agent of the State while acting within
 the scope of his that office, employment, service, agency or authority, under circumstances where
 the State of North Carolina, if a private person, would be liable to the claimant in accordance
 with the laws of North Carolina. If the Commission finds that there was negligence on the part
 of an officer, employee, involuntary servant or agent of the State while acting within the scope
 of his that office, employment, service, agency or authority that was the proximate cause of the
 injury and that there was no contributory negligence on the part of the claimant or the person in
 whose behalf the claim is asserted, the Commission shall determine the amount of damages that
 the claimant is entitled to be paid, including medical and other expenses, and by appropriate order
 direct the payment of damages as provided in subsection (a1) of this section, but in no event shall
 the amount of dam