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Rules

H560: Public Safety Reform. Latest Version



AN ACT to modify the laws of the state relating to public safety.

The General Assembly of North Carolina enacts:

SECTION 2.(a)  G.S. 14‑258.4 reads as rewritten:

§ 14‑258.4.  Malicious conduct by prisoner.



(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. Notwithstanding G.S. 15A‑1340.17, a person convicted of a violation of this subsection shall be sentenced to an active punishment with a minimum term of six months.



(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 2.(b)  This section becomes effective December 1, 2021, and applies to offenses committed on or after that date.

SECTION 3.(a)  G.S. 14‑258(c) reads as rewritten:

(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. Notwithstanding G.S. 15A‑1340.17, a person convicted of a violation of this subsection shall be sentenced to an active punishment with a minimum term of 12 months.

(1)        To effect an escape.

(2)        Aide in an assault or insurrection.

SECTION 3.(b)  This section becomes effective December 1, 2021, and applies to offenses committed on or after that date.

SECTION 4.(a)  Article 2 of Chapter 148 of the General Statutes is amended by adding a new section to read:

§ 148‑18.2.  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), except that an inmate may also possess one wedding ring with a value not to exceed five hundred dollars ($500.00). The limitations of this subsection do not apply to (i) medical devices that are not State-issued or (ii) legal material, including copies of documents filed in or prepared for legal actions.

(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 handling of the correctional facility or its staff members, the Department of Public Safety shall reimburse the inmate for the value of the item, or, when recommended by the Department's Administrative Remedy Procedure, provide for replacement of the item. This shall be the inmate's sole remedy for property loss, destruction, or damage unless the property is (i) a medical device that is not State-issued or (ii) legal material, including copies of documents filed or prepared for legal actions.

(c)        Reimbursement pursuant to this section shall be calculated in a manner authorized by the Department of Public Safety, Division of Adult Correction and Juvenile Justice, but in no event shall reimbursement exceed a maximum of two hundred fifty dollars ($250.00) per incident, except that reimbursement may be up to five hundred dollars ($500.00) for a wedding ring. An inmate in the custody of the Department of Public Safety, Division of Adult Correction and Juvenile Justice shall not be reimbursed for lost, destroyed, or damaged State‑issued property.

SECTION 4.(b)  Article 31 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.

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 the correctional facility or its staff members, 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, and the inmate shall have no recourse under this Article.

SECTION 4.(c)  G.S. 143‑291 is amended by adding a new subsection to read:

(e)      The Industrial Commission shall have no jurisdiction over any claim brought by an inmate in the custody of the Department of Public Safety, Division of Adult Correction and Juvenile Justice, unless and until the inmate has first exhausted the Department's Administrative Remedy Procedure, as established by G.S. 148‑118.2.

SECTION 4.(d)  G.S. 148‑118.2(b) reads as rewritten:

(b)      No State court court, including the North Carolina Industrial Commission, or administrative body shall entertain a prisoner's grievance or complaint which falls under the purview of the Administrative Remedy Procedure unless and until the prisoner shall have exhausted the remedies as provided in said procedure. If the prisoner has failed to pursue administrative remedies through this procedure, any petition or complaint he files shall be stayed for 90 days to allow the prisoner to file a grievance and for completion of the procedure. If at the end of 90 days the prisoner has failed to timely file his grievance, then the petition or complaint shall be dismissed. Provided, however, that the court can waive the exhaustion requirement if it finds such waiver to be in the interest of justice.

SECTION 4.(e)  G.S. 143‑291.2 reads as rewritten:

§ 143‑291.2.  Costs and fees.

(a)        The Industrial Commission may by order tax the costs against the losing party in the same amount and the same manner as costs are taxed in the Superior Court Division of the General Court of Justice. In no event shall the Industrial Commission tax the cost against the prevailing party. When a State department, institution, or agency appeals to the full commission the decision rendered by a hearing commissioner, the State department, institution, or agency shall furnish a copy of the transcript of the hearing to the appellee without cost. The State department, institution, or agency concerned may pay the costs taxed against it. When costs are not paid by a party from whom they are due, the Industrial Commission shall issue an execution for the costs and attach a bill of costs to each execution. The Sheriff shall levy upon the execution as provided in Chapter 6 of the General Statutes in civil actions.



(c)        In no event shall a currently incarcerated inmate bringing a claim under this Article be granted indigent status if the inmate has, on three or more prior occasions while incarcerated or detained in any State facility, brought an action or appeal before the Industrial Commission which was dismissed on the grounds that it was either:

(1)        Frivolous.

(2)        Malicious.

(3)        Not within the statute of limitations.

(4)        Exceeding the exclusive jurisdiction of the Industrial Commission.

(5)        Failing to state a claim upon which relief may be granted.

SECTION 4.(f)  G.S. 143‑295 reads as rewritten:

§ 143‑295.  Settlement of claims.

(a)        Any claims claims, except claims of minors pending or hereafter filed filed, against the various departments, institutions and agencies of the State may be settled upon agreement between either the claimant and the Attorney General General or the claimant and the various departments, institutions, and agencies of the State for an any amount not in excess of twenty‑five thousand dollars ($25,000), without the approval of the Industrial Commission. The Attorney General may also make settlements by agreement for claims in excess of twenty‑five thousand dollars ($25,000) and claims of infants or persons non sui juris, provided such claims have been subject to review and approval by the Industrial Commission.

(b)        In settlements under twenty‑five thousand dollars ($25,000), agreed upon between the Attorney General General, or the various departments, institutions, and agencies of the State, and the claimant, the filing of an affidavit as set forth in G.S. 143‑297 shall not be required.

….

SECTION 4.(g)  G.S. 143‑299.1A is amended by adding a new subsection to read:

(c1)    Nothing in subsection (b) of this section shall limit the application of the public duty doctrine in cases where the claimant is an inmate in the custody of the Department of Public Safety, Division of Adult Correction and Juvenile Justice, except where the injury arises as the result of gross negligence on the part of the Department or its staff members.

SECTION 4.(h)  Article 31 of Chapter 143 of the General Statutes is amended by adding a new section to read:

§ 143‑299.5.  Limited liability for claims against the Department of Public Safety, Division of Adult Correction and Juvenile Justice.

The Department of Public Safety, Division of Adult Correction and Juvenile Justice, shall not be liable for damages under this Article for the acts or omissions of its employees tasked with the supervision, protection, control, confinement, or custody of the State's inmate population, unless such acts or omissions amount to gross negligence.

SECTION 4.(i)  This section becomes effective October 1, 2021, and applies to property held and actions or claims brought on or after that date.

SECTION 5.(a)  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 for investigation by the judges of the courts or by the Secretary of Public Safety. Such officer shall keep informed concerning the conduct and condition of each person on probation under his 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 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 conduct and condition. Such officer shall keep detailed records of his work; shall make such reports in writing to the Secretary of Public Safety as he may 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 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.

(b)        Probation officers may be assigned by the Secretary of Public Safety to perform additional duties during a declared state of emergency or a natural disaster.  This authority does not convey to probation officers any additional powers of arrest or other authority beyond that provided in subsection (a) of this section.

SECTION 5.(b)  This section becomes effective October 1, 2021.

SECTION 6.(a)  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 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 authority in granting reprieves, commutations, and pardons, and shall perform such other services as may be required by the Governor in exercising his 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. The Commission shall also have authority to 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.



(f1)      The Commission shall enter 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 into the Criminal Justice Law Enforcement Automated Data System (CJLEADS).

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SECTION 6.(b)  This section becomes effective October 1, 2021.

SECTION 7.(a)  Part 1 of Article 13 of Chapter 143B of the General Statutes is amended by adding a new section to read:

§ 143B‑603A.  Continuously Operating Reference Station Fund.

(a)        Establishment of Fund. – The Continuously Operating Reference Station (CORS) Fund is established as a special revenue fund. The Fund consists of General Fund appropriations, gifts, donations, grants, devises, fees, and monies contributed by State and non‑State entities for the operation, maintenance, and expansion of the North Carolina CORS/Real Time Network (RTN) operated and maintained by the North Carolina Geodetic Survey and any other revenues specifically allocated to the Fund by an act of the General Assembly.

(b)        Uses of Fund. – Revenue credited to the Fund may only be used for costs associated with CORS/RTN operations, maintenance, and expansion.

SECTION 7.(b)  This section becomes effective July 1, 2021.

SECTION 8.(a)  G.S. 166A‑19.21(a) reads as rewritten:

(a)      Preliminary Damage Assessment. – When a state of emergency is declared pursuant to G.S. 166A‑19.20, G.S. 166A‑19.20 or G.S. 166A‑19.22, the Secretary shall provide the Governor and the General Assembly with a preliminary damage assessment as soon as the assessment is available.

SECTION 8.(b)  This section is effective when it becomes law and applies to states of emergency declared on or after that date.

SECTION 9.(a)  G.S. 8‑53.10(a) reads as rewritten:

(a)      Definitions. – The following definitions apply in this section:



(1a)      Emergency personnel officer. – Firefighting, search and rescue, or emergency medical service personnel, or any employee of any duly accredited State or local government agency possessing authority to enforce the criminal laws of the State who (i) is actively serving in a position with assigned primary duties and responsibilities for the prevention and detection of crime or the general enforcement of the criminal laws of the State and (ii) possesses the power of arrest by virtue of an oath administered under the authority of the State.



(3)        Peer counselor. – Any active or retired law enforcement officer officer, emergency personnel officer, or civilian employee of a law enforcement agency who:

a.         Has received training to provide emotional and moral support and counseling to client law enforcement employees employees, emergency personnel officers, and their immediate families; andfamilies.

b.         Was designated by the sheriff, police chief, or other head of a law enforcement or emergency agency to counsel a client law enforcement employee.

(4)        Privileged communication. – Any communication made by a client law enforcement employee employee, emergency personnel officer, or a member of the client law enforcement employee's immediate family to a peer counselor while receiving counseling.

SECTION 9.(b)  This section is effective when it becomes law and applies to communications made on or after that date.

SECTION 10.(a)  G.S. 86A‑14 is amended by adding a new subdivision to read:

(7)      Inmates under the jurisdiction of the North Carolina Department of Public Safety.

SECTION 10.(b)  This section is effective when it becomes law and applies to actions performed on or after that date.

SECTION 11.(a)  G.S. 15B‑2 reads as rewritten:

§ 15B‑2.  Definitions.

As used in this Article, the following definitions apply, unless the context requires otherwise:

(1)        Allowable expense. – Reasonable charges incurred for reasonably needed products, services, and accommodations, including those for medical care, rehabilitation, medically‑related property, and other remedial treatment and care. Reasonably needed services include (i) counseling for immediate family members of children under the age of 18 who are victims of rape, sexual assault, or domestic violence and (ii) family counseling and grief counseling for immediate family members of homicide victims. The cumulative total for counseling services provided to immediate family members shall not exceed three thousand dollars ($3,000) per family.

Allowable expense includes a total charge not in excess of five eight thousand dollars ($5,000) ($8,000) for expenses related to funeral, cremation, and burial, including transportation of a body, but excluding expenses for flowers, gravestone, and other items not directly related to the funeral service.

Allowable expense for medical care, counseling, rehabilitation, medically‑related property, and other remedial treatment and care of a victim shall be limited to sixty‑six and two‑thirds percent (66 2/3%) of the amount usually charged by the provider for the treatment or care. By accepting the compensation paid as allowable expense pursuant to this subdivision, the provider agrees that the compensation is payment in full for the treatment or care and shall not charge or otherwise hold a claimant financially responsible for the cost of services in addition to the amount of allowable expense.

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SECTION 11.(b)  This section becomes effective July 1, 2021, and applies to expenses incurred on or after that date.

SECTION 12.(a)  G.S. 15A‑1368.4(e) reads as rewritten:

(e)      Controlling Conditions. – Appropriate controlling conditions, violation of which may result in revocation of post‑release supervision, are:



(10)      Submit at reasonable times to warrantless searches of the supervisee's person by a post‑release supervision officer of the supervisee's person and of the supervisee's vehicle and premises while the supervisee is present for purposes reasonably related to the post‑release supervision. The Commission shall not require as a condition of post‑release supervision that the supervisee submit to any other searches that would otherwise be unlawful. Whenever the search consists of testing for the presence of illegal drugs, the supervisee may also be required to reimburse the Division of Adult Correction and Juvenile Justice of the Department of Public Safety for the actual cost of drug testing and drug screening, if the results are positive.

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SECTION 12.(b)  This section is effective when it becomes law and applies to searches on or after that date.

SECTION 13.  Except as otherwise provided, this act is effective when it becomes law.