AN ACT to create the community‑based capacity restoration pilot program and the detention center capacity restoration pilot program.

The General Assembly of North Carolina enacts:

SECTION 1.  Part 6 of Article 5 of Chapter 122C of the General Statutes is amended by adding a new section to read:

§ 122C‑256.  Capacity restoration pilot programs.

(a)        Community‑Based Capacity Restoration Program. – The Department of Health and Human Services (Department) may contract for three or more community‑based capacity restoration programs (CBCRP). CBCRPs may be county‑based or regionally‑based. If regionally‑based, a CBCRP shall align with the State‑operated psychiatric hospital within closest proximity. The Department may consult with one or more local management entities/managed care organizations for the purposes of contracting for CBCRPs under this subsection.

(b)        Detention Center Capacity Restoration Program. – The Department, in consultation and with the consent of relevant sheriffs, may contract for up to three Detention Center Capacity Restoration Programs (DCCRP). DCCRPs may be county‑based or regionally‑based, provided however, that no DCCRP may be regionally‑based without the express consent of the sheriff of every county comprising that prospective DCCRP. A regionally‑based DCCRP shall align with the State‑operated psychiatric hospital within closest proximity. The Department may consult with one or more local management entities/managed care organizations for the purposes of contracting for DCCRPs under this subsection.

(c)        Judicial Discretion. – A court may order capacity restoration to be completed at a CBCRP or DCCRP as an alternative to a State‑operated psychiatric hospital for individuals recommended for participation in CBCRP or DCCRP by a forensic evaluator.

SECTION 2.  This act is effective when it becomes law.