FILED SENATE
Apr 1, 2021
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 501
SESSION 2021 PRINCIPAL CLERK
S D
SENATE BILL DRS15164-MMa-24C
Short Title: Create Depart. of Adult Correction. (Public)
Sponsors: Senators Daniel, Britt, and Steinburg (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO CREATE THE DEPARTMENT OF ADULT CORRECTION, TO CREATE THE
3 DIVISION OF JUVENILE JUSTICE AND THE DIVISION OF COMMUNITY
4 CORRECTIONS IN THE DEPARTMENT OF PUBLIC SAFETY, TO MAKE OTHER
5 TECHNICAL AND CONFORMING CHANGES, AND TO APPROPRIATE FUNDS.
6 The General Assembly of North Carolina enacts:
7
8 PART I. DEPARTMENT OF ADULT CORRECTION
9
10 ESTABLISH THE DEPARTMENT OF ADULT CORRECTION
11 SECTION 1.1.(a) The Department of Adult Correction is established in this Part as
12 a single, unified cabinet-level department. All functions, powers, duties, and obligations vested
13 in the following programs, divisions, and entities located in the Department of Public Safety are
14 transferred to, vested in, and consolidated within the Department of Adult Correction in the
15 manner of a Type I transfer, as defined in G.S. 143A-6:
16 (1) Prisons Section.
17 (2) Alcohol and Chemical Dependency Treatment Program except the
18 DART-Cherry and the Black Mountain Substance Abuse Treatment Center
19 for Women.
20 (3) Health Services Section.
21 (4) Correction Enterprises Section.
22 SECTION 1.1.(b) The Grievance Resolution Board is transferred to the Department
23 of Adult Correction in the manner of a Type II transfer, as defined in G.S. 143A-6.
24 SECTION 1.1.(c) G.S. 143B-2 reads as rewritten:
25 "§ 143B-2. Interim applicability of the Executive Organization Act of 1973.
26 The Executive Organization Act of 1973 shall be applicable only to the following named
27 departments:
28 …
29 (12) Department of Adult Correction."
30 SECTION 1.1.(d) G.S. 143B-6 reads as rewritten:
31 "§ 143B-6. Principal departments.
32 In addition to the principal departments enumerated in the Executive Organization Act of
33 1971, all executive and administrative powers, duties, and functions not including those of the
34 General Assembly and its agencies, the General Court of Justice and the administrative agencies
35 created pursuant to Article IV of the Constitution of North Carolina, and higher education
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General Assembly Of North Carolina Session 2021
1 previously vested by law in the several State agencies, are vested in the following principal
2 departments:
3 …
4 (14) Department of Adult Correction."
5 SECTION 1.1.(e) G.S. 126-5(d)(1) reads as rewritten:
6 "(d) (1) Exempt Positions in Cabinet Department. – Subject to the provisions of this
7 Chapter, which is known as the North Carolina Human Resources Act, the
8 Governor may designate a total of 425 exempt positions throughout the
9 following departments and offices:
10 …
11 o. Department of Adult Correction."
12
13 STATUTORY CHANGES CREATING THE DEPARTMENT OF ADULT
14 CORRECTION
15 SECTION 1.2.(a) Chapter 143B of the General Statutes is amended by adding a new
16 Article to read:
17 "Article 16.
18 "Department of Adult Correction.
19 "Part 1. Organization; General Provisions for Department.
20 "§ 143B-1440. Organization.
21 There is established the Department of Adult Correction. The Department shall perform all
22 functions of the executive branch of the State in relation to the detention and correction of adult
23 offenders.
24 "§ 143B-1442. Powers and duties of the Secretary.
25 The head of the Department is the Secretary of the Department of Adult Correction. The
26 Secretary shall have the powers and duties as are conferred on the Secretary by this Article,
27 delegated to the Secretary by the Governor, and conferred on the Secretary by the Constitution
28 and laws of this State. The Secretary is authorized to adopt rules and procedures for the
29 implementation of this Article.
30 "§ 143B-1444. Definitions.
31 As used in this Article, the following meanings shall apply:
32 (1) Department. – The Department of Adult Correction.
33 (2) Justice and Public Safety Appropriations Committees. – The Senate
34 Appropriations Committee on Justice and Public Safety and the House of
35 Representatives Appropriations Committee on Justice and Public Safety.
36 (3) Program. – The Alcoholism and Chemical Dependency Treatment Program.
37 (4) Secretary. – The Secretary of the Department of Adult Correction."
38 SECTION 1.2.(#) G.S. 143B-707.3 of Subpart A of Part 2 of Article 13 of Chapter
39 143B is recodified as G.S. 143B-1446 of Part 1 of Article 16 of Chapter 143B of the General
40 Statutes.
41 SECTION 1.2.(#) G.S. 143B-711 is repealed. G.S. 143B-630 of Part 1A of Article
42 13 of Chapter 143B and G.S. 701-705, 707, 707.4, and 709 of Subpart A of Part 2 of Article 13
43 of Chapter 143B are recodifed as Part 2 of Article 16 of Chapter 143B of the General Statutes as
44 follows:
45 Former Citation Recodified Citation
46 Part 1A Part 2
47 143B-630 143B-1450
48 Subpart A
49 143B-701 143B-1451
50 143B-702 143B-1452
51 143B-703 143B-1453
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1 143B-704 143B-1454
2 143B-705 143B-1455
3 143B-707 143B-1456
4 143B-707.4 143B-1457
5 143B-709 143B-1458
6 SECTION 1.2.(#) G.S. 143B-707.5 through 707.10 of Subpart A of Part 2 of Article
7 13 of Chapter 143B are recodifed as Part 3 of Article 16 of Chapter 143B of the General Statutes
8 as follows:
9 Former Citation Recodified Citation
10 Subpart A Part 3
11 143B-707.3 143B-1470
12 143B-707.5 143B-1471
13 143B-707.6 143B-1472
14 143B-707.7 143B-1473
15 143B-707.8 143B-1474
16 143B-707.9 143B-1475
17 143B-707.10 143B-1476
18 SECTION 1.2.(f) Parts 1–10 of Article 16 of Chapter 143B of the General Statutes
19 read as rewritten:
20 "Part 1. Organization; General Provisions for DepartmentDepartment.
21 …
22 "§ 143B-1446. Medical costs for inmates and juvenile offenders.inmates.
23 (a) The Department of Public Safety shall reimburse those providers and facilities
24 providing approved medical services to inmates and juvenile offenders outside the correctional
25 or juvenile facility the lesser amount of either a rate of seventy percent (70%) of the provider's
26 then-current prevailing charge or two times the then-current Medicaid rate for any given service.
27 The Department shall have the right to audit any given provider to determine the actual prevailing
28 charge to ensure compliance with this provision.
29 …
30 (b) The Department of Public Safety shall make every effort to contain medical costs for
31 inmates and juvenile offenders by making use of its own hospital and health care facilities to
32 provide health care services to inmates and juvenile offenders. inmates. To the extent that the
33 Department of Public Safety must utilize other facilities and services to provide health care
34 services to inmates and juvenile offenders, inmates, the Department shall make reasonable efforts
35 to make use of hospitals or other providers with which it has a contract or, if none is reasonably
36 available, hospitals with available capacity or other health care facilities in a region to accomplish
37 that goal. The Department shall make reasonable efforts to equitably distribute inmates and
38 juvenile offenders among all hospitals or other appropriate health care facilities.
39 (c) The Department of Public Safety shall report quarterly to the Joint Legislative
40 Oversight Committee on Justice and Public Safety and the chairs of the House of Representatives
41 and Senate Appropriations Committees on Justice and Public Safety Justice and Public Safety
42 Appropriations Committees on:
43 …
44 (d) The Department of Public Safety shall study whether contracts to provide inmate
45 health services can be expanded to additional hospitals. The Department shall report the findings
46 of its study to the chairs of the House of Representatives and Senate Appropriations Committees
47 on Justice and Public Safety no later than February 1, 2017. The report shall include a list of
48 hospitals considered for expansion and reasons for or against expanding to each hospital.
49 "Part 2. General Provisions for Division of Prisons.
50 "§ 143B-1450. Creation of Division of Adult Correction and Juvenile Justice; Prisons;
51 powers.
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1 There is hereby created and established a division to be known as the Division of Adult
2 Correction and Juvenile Justice of the Department of Public Safety. Prisons within the
3 Department. The Division of Prisons shall have the power and duty to implement Parts 2 and 3
4 Part 2 of this Article and shall have such other powers and duties as are set forth in this Chapter
5 Article and are prescribed by the Secretary of the Department of Public Safety.Secretary.
6 "§ 143B-1451. Division of Adult Correction and Juvenile Justice of the Department of
7 Public Safety Prisons – duties.
8 It shall be the duty of the Division of Prisons to provide the necessary custody, supervision,
9 and treatment to control and rehabilitate criminal offenders and thereby to reduce the rate and
10 cost of crime and delinquency.
11 "§ 143B-1452. Division of Adult Correction and Juvenile Justice of the Department of
12 Public Safety Prisons – rules and regulations.
13 The Division of Adult Correction and Juvenile Justice of the Department of Public Safety
14 Prisons shall adopt rules and regulations related to the conduct, supervision, rights and privileges
15 of persons in its custody or under its supervision. Such rules and regulations shall be filed with
16 and published by the office of the Attorney General and shall be made available by the Division
17 for public inspection. The rules and regulations shall include a description of the organization of
18 the Division. A description or copy of all forms and instructions used by the Division, except
19 those relating solely to matters of internal management, shall also be filed with the office of the
20 Attorney General.
21 "§ 143B-1453. Repair or replacement of personal property.
22 (a) The Secretary of Public Safety may adopt rules governing repair or replacement of
23 personal property items excluding private passenger vehicles that belong to employees of State
24 facilities within the Division of Adult Correction and Juvenile Justice Prisons of the Department
25 of Public Safety and that are damaged or stolen by inmates of the State facilities provided that
26 the item is determined by the Secretary to be damaged or stolen on or off facility grounds during
27 the performance of employment and necessary for the employee to have in his possession to
28 perform his assigned duty.
29 …
30 (e) The Secretary of Public Safety shall establish by rule an appeals process consistent
31 with Chapter 150B of the General Statutes.
32 "§ 143B-1454. Division of Adult Correction and Juvenile Justice of the Department of
33 Public Safety Prisons – functions with respect to adults.
34 (a) The functions of the Division of Adult Correction and Juvenile Justice of the
35 Department of Public Safety Prisons shall include all functions of the executive branch of the
36 State in relation to corrections and the rehabilitation of adult offenders, including detention,
37 parole, and aftercare supervision, detention and further including those prescribed powers, duties,
38 and functions enumerated in the laws of this State. All such functions, powers, duties, and
39 obligations heretofore vested in the State Department of Correction and Commission of
40 Correction are hereby transferred to and vested in the Division of Prisons of the Department of
41 Adult Correction except as otherwise provided by the Executive Organization Act of 1973.
42 (b) All such functions, powers, duties, and obligations heretofore vested in the
43 Department of Social Rehabilitation and Control and any agency enumerated in Article 14 of
44 Chapter 143A of the General Statutes and laws of this State are hereby transferred to and vested
45 in the Division of Adult Correction and Juvenile Justice of the Department of Public Safety
46 except as otherwise provided by the Executive Organization Act of 1973. They shall include, by
47 way of extension and not of limitation, the functions of:
48 (1) The State Department of Correction and Commission of Correction,
49 (2) Repealed by Session Laws 1999-423, s. 8, effective July 1, 1999.
50 (3) The State Probation Commission,
51 (4) The State Board of Paroles,
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1 (5) The Interstate Agreement on Detainers, and
2 (6) The Uniform Act for Out-of-State Parolee Supervision.
3 …
4 (d) The Division shall establish an alcoholism and chemical dependency treatment
5 program. the Alcoholism and Chemical Dependency Treatment Program. The program Program
6 shall consist of a continuum of treatment and intervention services for male and female inmates,
7 established in medium and minimum custody prison facilities, and for male and female
8 probationers and parolees, established in community-based residential treatment facilities.
9 …
10 "§ 143B-1455. Division of Adult Correction and Juvenile Justice of the Department of
11 Public Safety Prisons – Alcoholism and Chemical Dependency Treatment
12 Program.
13 (a) The Program established by G.S. 143B-704 G.S. 143B-1454 shall be offered in
14 correctional facilities, or a portion of correctional facilities that are self-contained, so that the
15 residential and program space is separate from any other programs or inmate housing, and shall
16 be operational by January 1, 1988, at those facilities as the Secretary or the Secretary's designee
17 may designate.
18 (b) A Section Chief deputy director for the Alcoholism and Chemical Dependency
19 Treatment Program shall be employed and shall report directly to a deputy director for the
20 Division of Adult Correction and Juvenile Justice as designated by the Deputy Commissioner the
21 Director for the Division of Adult Correction and Juvenile Justice. Prisons. The duties of the
22 Section Chief deputy director and staff shall include the following:
23 (1) Administer and coordinate all substance abuse programs, grants, contracts,
24 and related functions in the Division of Adult Correction and Juvenile Justice
25 Prisons of the Department of Public Safety.Adult Correction.
26 (2) Develop and maintain working relationships and agreements with agencies
27 and organizations that will assist in developing and operating alcoholism and
28 chemical dependency treatment and recovery programs in the Division of
29 Adult Correctio