AN ACT to modify laws concerning adult correction, as recommended by the department of adult correction.

The General Assembly of North Carolina enacts:

EXPAND AVAILABLE METHODS OF DRUG AND ALCOHOL SCREENING OF PROBATIONERS

SECTION 1.(a)  G.S. 15A‑1343(b) reads as rewritten:

(b)      Regular Conditions. – As regular conditions of probation, a defendant must:

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(16)      Supply a breath, urine, or blood specimen Submit to drug and alcohol screening for analysis of the possible presence of prohibited drugs or alcohol when instructed by the defendant's probation officer for purposes directly related to the probation supervision. If the results of the analysis are positive, the probationer may be required to reimburse the Division of Community Supervision and Reentry of the Department of Adult Correction for the actual costs of drug or alcohol screening and testing.

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In addition to these regular conditions of probation, a defendant required to serve an active term of imprisonment as a condition of special probation pursuant to G.S. 15A‑1344(e) or G.S. 15A‑1351(a) shall, as additional regular conditions of probation, obey the rules and regulations of the Division of Prisons of the Department of Adult Correction and, if applicable, the Division of Juvenile Justice of the Department of Public Safety, governing the conduct of inmates while imprisoned and report to a probation officer in the State of North Carolina within 72 hours of his discharge from the active term of imprisonment.

Regular conditions of probation apply to each defendant placed on supervised probation unless the presiding judge specifically exempts the defendant from one or more of the conditions in open court and in the judgment of the court. It is not necessary for the presiding judge to state each regular condition of probation in open court, but the conditions must be set forth in the judgment of the court.

Defendants placed on unsupervised probation are subject to the provisions of this subsection, except that defendants placed on unsupervised probation are not subject to the regular conditions contained in subdivisions (2), (3), (6), (8), (13), (14), (15), (16) and (17) of this subsection.

SECTION 1.(b)  This section becomes effective August 1, 2023, and applies to drug and alcohol screening performed on or after that date.

INCLUDE PROHIBITION OF FIREARM AMMUNITION IN REGULAR CONDITIONS OF PROBATION, POST‑RELEASE SUPERVISION, AND PAROLE

SECTION 2.(a)  G.S. 15A‑1343(b), as amended by Section 1 of this act, reads as rewritten:

(b)      Regular Conditions. – As regular conditions of probation, a defendant must:

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(5)        Possess no firearm, firearm ammunition, explosive device or other deadly weapon listed in G.S. 14‑269 without the written permission of the court.

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SECTION 2.(b)  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:

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(4)        Not possess a Possess no firearm, destructive firearm ammunition, explosive device, or other dangerous deadly weapon listed in G.S. 14‑269 unless granted written permission by the Commission or a post‑release supervision officer.Commission.

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SECTION 2.(c)  G.S. 15A‑1374(b) reads as rewritten:

(b)      Appropriate Conditions. – As conditions of parole, the Commission may require that the parolee comply with one or more of the following conditions:

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(5)        Refrain from possessing a Possess no firearm, destructive firearm ammunition, explosive device, or other dangerous deadly weapon listed in G.S. 14‑269 unless granted written permission by the Commission or the parole officer.Commission.

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EXPAND DELEGATED AUTHORITY RELATED TO SPECIAL PROBATION

SECTION 3.(a)  G.S. 15A‑1343.2 reads as rewritten:

§ 15A‑1343.2.  Special probation rules for persons sentenced under Article 81B.certain persons.

(a)        Applicability. – This section applies only to persons sentenced under Article 81B and Article 82 of this Chapter.Chapter, as well as those sentenced pursuant to Chapter 20 and Chapter 90 of the General Statutes.

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(e)        Delegation to Probation Officer in Community Punishment. – Unless the presiding judge specifically finds in the judgment of the court that delegation is not appropriate, the Division of Community Supervision and Reentry of the Department of Adult Correction may require an offender sentenced to community punishment to do any of the following:

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If the Division imposes any of the above requirements, then it may subsequently reduce or remove those same requirements.

The probation officer may exercise authority delegated to him or her by the court pursuant to subsection (e) of this section after administrative review and approval by a Chief Probation Officer. The offender may file a motion with the court to review the action taken by the probation officer. The offender shall be given notice of the right to seek such a court review. However, the offender shall have no right of review if he or she has signed a written waiver of rights as required by this subsection. The Division may exercise any authority delegated to it under this subsection only if it first determines that the offender has failed to comply with one or more of the conditions of probation imposed by the court or the offender is determined to be high risk based on the results of the risk assessment in G.S. 15A‑1343.2, except that the condition at subdivision (5) of this subsection may not be imposed unless the Division determines that the offender failed to comply with one or more of the conditions imposed by the court. of probation. Nothing in this section shall be construed to limit the availability of the procedures authorized under G.S. 15A‑1345.

The Division shall adopt guidelines and procedures to implement the requirements of this section, which shall include a supervisor's approval prior to exercise of the delegation of authority authorized by this section. Prior to imposing confinement pursuant to subdivision (5) of this subsection, the probationer must first be presented with a violation report, with the alleged violations noted and advised of the right (i) to a hearing before the court on the alleged violation, with the right to present relevant oral and written evidence; (ii) to have counsel at the hearing, and that one will be appointed if the probationer is indigent; (iii) to request witnesses who have relevant information concerning the alleged violations; and (iv) to examine any witnesses or evidence. The probationer may be confined for the period designated on the violation report upon the execution of a waiver of rights signed by the probationer and by two officers acting as witnesses. Those two witnesses shall be the probation officer and another officer to be designated by the Director Deputy Secretary of the Division of Community Supervision and Reentry in written Division policy.

(e1)      Delegation to Probation Officer for Supervision for Conditional Discharge and Deferred Prosecution. – Unless the presiding judge specifically finds in the judgment of the court that delegation is not appropriate, the Division of Community Supervision and Reentry of the Department of Adult Correction may require an offender placed on supervised probation for a conditional discharge or a deferred prosecution to comply with any of the conditions in subsection (e) of this section, with the exception of subdivision (5) of that subsection. If the Division of Community Supervision and Reentry imposes any of the above requirements, then it may subsequently reduce or remove those same requirements.

The probation officer may exercise authority delegated to the probation officer by the court pursuant to this subsection after administrative review and approval by a chief probation officer. The offender may file a motion with the court to review the action taken by the probation officer. The offender shall be given notice of the right to seek such a court review. The Division of Community Supervision and Reentry may exercise any authority delegated to it under this subsection only if it first determines that the offender has failed to comply with one or more of the conditions of probation or the offender is determined to be high risk based on the results of a validated instrument to assess each probationer for risk of reoffending. Nothing in this section shall be construed to limit the availability of the procedures authorized under G.S. 15A‑1345.

(f)        Delegation to Probation Officer in Intermediate Punishments. – Unless the presiding judge specifically finds in the judgment of the court that delegation is not appropriate, the Division of Community Supervision and Reentry of the Department of Adult Correction may require an offender sentenced to intermediate punishment to do any of the following:

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(6)        Submit to a period or periods of confinement in a local confinement facility for a total of no more than six days per month during any three separate months during the period of probation. The six days per month confinement provided for in this subdivision may only be imposed as two‑day or three‑day consecutive periods. When a defendant is on probation for multiple judgments, confinement periods imposed under this subdivision shall run concurrently and may total no more than six days per month. If the person being ordered to a period or periods of confinement is under the age of 18, that person must be confined in a detention facility approved by the Division of Juvenile Justice of the Department of Public Safety to provide secure confinement and care for juveniles or to a holdover facility as defined in G.S. 7B‑1501(11). If the person being ordered to a period or periods of confinement reaches the age of 18 years while in confinement, the person may be transported by personnel of the Division of Juvenile Justice, or personnel approved by the Division of Juvenile Justice, to the custody of the sheriff of the applicable local confinement facility.

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If the Division of Community Supervision and Reentry imposes any of the above requirements, then it may subsequently reduce or remove those same requirements.

The probation officer may exercise authority delegated to him or her by the court pursuant to subsection (f) of this section after administrative review and approval by a Chief Probation Officer. The offender may file a motion with the court to review the action taken by the probation officer. The offender shall be given notice of the right to seek such a court review. However, the offender shall have no right of review if he or she has signed a written waiver of rights as required by this subsection. The Division may exercise any authority delegated to it under this subsection only if it first determines that the offender has failed to comply with one or more of the conditions of probation imposed by the court or the offender is determined to be high risk based on the results of the risk assessment in G.S. 15A‑1343.2, except that the condition at subdivision (6) of this subsection may not be imposed unless the Division determines that the offender failed to comply with one or more of the conditions imposed by the court. of probation. Nothing in this section shall be construed to limit the availability of the procedures authorized under G.S. 15A‑1345.

The Division shall adopt guidelines and procedures to implement the requirements of this section, which shall include a supervisor's approval prior to exercise of the delegation of authority authorized by this section. Prior to imposing confinement pursuant to subdivision (6) of this subsection, the probationer must first be presented with a violation report, with the alleged violations noted and advised of the right (i) to a hearing before the court on the alleged violation, with the right to present relevant oral and written evidence; (ii) to have counsel at the hearing, and that one will be appointed if the probationer is indigent; (iii) to request witnesses who have relevant information concerning the alleged violations; and (iv) to examine any witnesses or evidence. The probationer may be confined for the period designated on the violation report upon the execution of a waiver of rights signed by the probationer and by two officers acting as witnesses. Those two witnesses shall be the probation officer and another officer to be designated by the Director Deputy Secretary of the Division of Community Supervision and Reentry in written Division policy.

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SECTION 3.(b)  G.S. 20‑179 is amended by adding a new subsection to read:

(k5)    Delegation to Probation Officer. – Unless the presiding judge specifically finds in the judgement of the court that delegation is not appropriate, the Division of Community Supervision and Reentry of the Department of Adult Correction may require an offender sentenced pursuant to subsection (f3), (g), (h), (i), (j), or (k) of this section and placed on supervised probation to do any of the following:

(1)        Perform up to 20 hours of community services and pay the applicable supervision fee prescribed by law.

(2)        Report to the offender's probation officer on a frequency to be determined by the officer.

(3)        Submit to substance abuse assessment, monitoring, or treatment.

(4)        Submit to house arrest with electronic monitoring.

(5)        Submit to a period or periods of confinement in a local confinement facility for a total of no more than six days per month during any three separate months during the period of probation. The six days per month confinement provided for in this subdivision may only be imposed as two‑day or three‑day consecutive periods. When a defendant is on probation for multiple judgments, confinement periods imposed under this subdivision shall run concurrently and may total no more than six days per month. If the person being ordered to a period or periods of confinement is under the age of 18, that person must be confined in a detention facility approved by the Division of Juvenile Justice of the Department of Public Safety to provide secure confinement and care for juveniles or to a holdover facility as defined in G.S. 7B‑1501(11). If the person being ordered to a period or periods of confinement reaches the age of 18 years while in confinement, the person may be transported by personnel of the Division of Juvenile Justice, or personnel approved by the Division of Juvenile Justice, to the custody of the sheriff of the applicable local confinement facility.

(6)        Submit to a curfew which requires the offender to remain in a specified place for a specified period each day and wear a device that permits the offender's compliance with the condition to be monitored electronically.

(7)        Participate in an educational or vocational skills development program, including an evidence‑based program.

If the Division of Community Supervision and Reentry imposes any of the above requirements, then it may subsequently reduce or remove those same requirements.

The probation officer may exercise authority delegated to the probation officer by the court pursuant to this subsection after administrative review and approval by a chief probation officer. The offender may file a motion with the court to review the action taken by the probation officer. The offender shall be given notice of the right to seek such a court review. However, the offender shall have no right of review if the offender has signed a written waiver of rights as required by this subsection. The Division may exercise any authority delegated to it under this subsection only if it first determines that the offender has failed to comply with one or more of the conditions of probation or the offender is determined to be high risk based on the results of a validated instrument to assess each probationer for risk of reoffending, except that the condition in subdivision (5) of this subsection may not be imposed unless the Division determines that the offender failed to comply with one or more of the conditions of probation. Nothing in this subsection shall be construed to limit the availability of the procedures authorized under G.S. 15A‑1345.

This Division of Community Supervision and Reentry shall adopt guidelines and procedures to implement the requirements of this subsection, which shall include a supervisor's approval prior to exercise of the delegation of authority authorized by this subsection. Prior to imposing confinement pursuant to subdivision (5) of this subsection, the probationer must first be presented with a violation report, with the alleged violations noted and advised of the right to (i) a hearing before the court on the alleged violation, with the right to present relevant oral and written evidence, (ii) have counsel at the hearing, and that one will be appointed if the probationer is indigent, (iii) request witnesses who have relevant information concerning the alleged violations, and (iv) examine any witnesses or evidence. The probationer may be confined for the period designated on the violation report upon the execution of a waiver of rights signed by the probationer and by two officers acting as witnesses. Those two witnesses shall be the probation officer and another officer to be designated by the Deputy Secretary of the Division of Community Supervision and Reentry in written Division policy.

SECTION 3.(c)  This section becomes effective October 1, 2023.

EARLY TRANSFERS TO JAILS AND LOCAL DETENTION FACILITIES

SECTION 4.(a)  G.S. 15A‑1352 is amended by adding a new subsection to read:

(g)      Early Transfer. – To facilitate an efficient and orderly transfer of custody, a person serving a sentence in the Department of Adult Correction who is subject to an outstanding sentence, detainer, or other lawful process authorizing detention may be transferred up to five days before the expiration of the person's current sentence, and the remainder of the person's current sentence may be served in the custody of the requesting local confinement facility. Early transfers conducted pursuant to this subsection shall only be conducted at the request and expense of the receiving local confinement facility.

Nothing in this subsection shall be construed to authorize the holding of a person beyond the release date of the current sentence absent an outstanding sentence to be served, detainer, or service of other lawful process authorizing detention.

For purposes of this subsection, local confinement facility means those facilities defined in G.S. 153A‑217(5).

SECTION 4.(b)  This section becomes effective October 1, 2023, and applies to transfers occurring on or after that date.

MODIFY LAWS SURROUNDING PRISONER TORT CLAIMS

SECTION 5.(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 Adult Correction 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 Adult Correction is lost, destroyed, or otherwise damaged through the negligent handling of a correctional facility or its staff members, the Department of Adult Correction 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.

(c)        Reimbursement pursuant to this section shall be calculated in a manner authorized by the Department of Adult Correction, 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 Adult Correction be reimbursed for lost, destroyed, or damaged State‑issued property.

SECTION 5.(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 Adult Correction.

When the property of an inmate in the custody of the Department of Adult Correction is lost, destroyed, or otherwise damaged through the negligent handling of a correctional facility or its staff members, the Department of Adult Correction 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 5.(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 Adult Correction, unless and until the inmate has first exhausted the Department's Administrative Remedy Procedure, as established by G.S. 148‑118.2.

SECTION 5.(d)  G.S. 148‑118.2(b) reads as rewritten:

(b)      No State court administrative body or court, including the North Carolina Industrial Commission, 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 5.(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.

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(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 any one or more of the following:

(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 5.(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 (i) the claimant and the Attorney General or (ii) 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 the 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 either the Attorney General and the claimant 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.

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SECTION 5.(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 Adult Correction, except where the injury arises as the result of gross negligence on the part of the Department or its staff members.

SECTION 5.(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 Adult Correction.

The Department of Adult Correction 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 the acts or omissions amount to gross negligence.

OFFENDER POPULATION MAY PURCHASE CORRECTION ENTERPRISES PRODUCTS

SECTION 6.(a)  G.S. 148‑132 reads as rewritten:

§ 148‑132.  Distribution of products and services.

The Division of Correction Enterprises of the Department of Adult Correction is empowered and authorized to market and sell products and services produced by Correction Enterprises to any of the following entities:

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(5a)      Any individual currently incarcerated within a Department of Adult Correction facility.

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SECTION 6.(b)  This section is effective when it becomes law.

RETENTION AND REINVESTMENT OF UTILITY SAVINGS

SECTION 7.(a)  Part 1 of Article 16 of Chapter 143B of the General Statutes is amended by adding a new section to read:

§ 143B‑1445.  Energy conservation savings.

(a)        The General Fund current operations appropriations credit balance remaining at the end of each fiscal year for utilities from the Department of Adult Correction that is energy savings realized from implementing an energy conservation measure shall be carried forward to the next fiscal year. Sixty percent (60%) of the energy savings realized shall be utilized for energy conservation measures by the Department of Adult Correction. The use of funds under this section shall be limited to one‑time capital and operating expenditures that will not impose additional financial obligations on the State and are nonreverting. The Director of the Budget, under the authority set forth in G.S. 143C‑6‑2, shall establish the General Fund current operations credit balance remaining in each budget code of the Department of Adult Correction.

(b)        The Director of the Budget shall not decrease the recommended continuation budget requirements for utilities from the previous fiscal year for the Department of Adult Correction by the amount of energy savings realized from implementing energy conservation measures, including savings achieved through a guaranteed energy savings contract.

(c)        The Department of Adult Correction shall submit an annual report on the use of funds authorized pursuant to this section as required under G.S. 143‑64.12.

(d)       As used in this section, energy savings, guaranteed energy savings contract, and energy conservation measure have the same meaning as in G.S. 143‑64.17.

SECTION 7.(b)  This section is effective when it becomes law.

RETAIN PROCEEDS FROM SALE OF DEPARTMENT OF ADULT CORRECTION PROPERTY

SECTION 8.(a)  G.S. 146‑30(d) reads as rewritten:

(d)      Notwithstanding any other provision of this Subchapter, the following exceptions apply:

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(15)      The net proceeds derived from the sale or lease of land or facilities owned by the Department of Adult Correction or owned by the State and solely maintained by the Department of Adult Correction shall be deposited in a capital improvement fund to the credit of the Department of Adult Correction to make capital improvements on or to property owned by the Department of Adult Correction or owned by the State and solely maintained by the Department of Adult Correction. Expenditures from this capital fund shall be subject to approval by the Office of State Budget and Management.

SECTION 8.(b)  This section is effective when it becomes law and applies to proceeds from sales occurring on or after that date.

AUTHORIZATION TO DESIGNATE DAC EMPLOYEES TO CARRY CONCEALED WEAPONS

SECTION 9.(a)  G.S. 14‑269(b) reads as rewritten:

(b)      This prohibition shall not apply to any of the following persons:

(1)        Officers and enlisted personnel of the Armed Forces of the United States when in discharge of their official duties as such and acting under orders requiring them to carry arms and weapons;weapons.

(2)        Civil and law enforcement officers of the United States;States.

(3)        Officers and soldiers of the militia and the National Guard when called into actual service;service.

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(4)        Officers of the State, or of any county, city, town, or company police agency charged with the execution of the laws of the State, when acting in the discharge of their official duties;duties.

(4a)      Any person who is a district attorney, an assistant district attorney, or an investigator employed by the office of a district attorney and who has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24; provided that the person shall not carry a concealed weapon at any time while in a courtroom or while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body. The district attorney, assistant district attorney, or investigator shall secure the weapon in a locked compartment when the weapon is not on the person of the district attorney, assistant district attorney, or investigator. Notwithstanding the provisions of this subsection, a district attorney may carry a concealed weapon while in a courtroom;courtroom.

(4b)      Any person who is a qualified retired law enforcement officer as defined in G.S. 14‑415.10 and meets any one of the following conditions:

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c.         Is certified by the North Carolina Criminal Justice Education and Training Standards Commission pursuant to G.S. 14‑415.26;G.S. 14‑415.26.

(4c)      Detention personnel or correctional officers employed by the State or a unit of local government who park a vehicle in a space that is authorized for their use in the course of their duties may transport a firearm to the parking space and store that firearm in the vehicle parked in the parking space, provided that: (i) the firearm is in a closed compartment or container within the locked vehicle, or (ii) the firearm is in a locked container securely affixed to the vehicle;vehicle.

(4d)     Any person who is a North Carolina district court judge, North Carolina superior court judge, or a North Carolina magistrate and who has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24; provided that the person shall not carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body. The judge or magistrate shall secure the weapon in a locked compartment when the weapon is not on the person of the judge or magistrate;magistrate.

(4e)      Any person who is serving as a clerk of court or as a register of deeds and who has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24; provided that the person shall not carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body. The clerk of court or register of deeds shall secure the weapon in a locked compartment when the weapon is not on the person of the clerk of court or register of deeds. This subdivision does not apply to assistants, deputies, or other employees of the clerk of court or register of deeds;deeds.

(5)        Sworn law‑enforcement officers, when off‑duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body;body.

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(7a)      A person employed by the Department of Adult Correction who (i) has been designated in writing by the Secretary of the Department, (ii) has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24, and (iii) has in the person's possession written proof of the designation by the Secretary of the Department, provided that the person shall not carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body.

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

EXEMPTIONS FROM CONTESTED CASE PROVISIONS

SECTION 10.(a)  G.S. 150B‑1(e) reads as rewritten:

(e)      Exemptions From Contested Case Provisions. – The contested case provisions of this Chapter apply to all agencies and all proceedings not expressly exempted from the Chapter. The contested case provisions of this Chapter do not apply to the following:

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(7)        The Division of Prisons of the Department of Adult Correction.

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

EXTEND SUNSET DATE FOR USE OF SECURITY GUARDS AT STATE PRISONS

SECTION 11.(a)  Section 4.15(c) of S.L. 2020‑3, as amended by Section 2 of S.L. 2020‑15, Section 19D.2 of S.L. 2021‑180, and Section 19D.1 of S.L. 2022‑74, reads as rewritten:

SECTION 4.15.(c)  This section is effective when it becomes law and expires upon the earlier of January 1, 2024, 2026, or the date of completion of the Youth Development Center in Rockingham County.

SECTION 11.(b)  This section is effective when it becomes law.

EXPAND AUTHORITY TO INCREASE WAGES PAID TO WORKING NORTH CAROLINA INMATES

SECTION 12.(a)  G.S. 148‑18(a) reads as rewritten:

(a)      Prisoners employed by Correction Enterprises shall be compensated as set forth in Article 14 of this Chapter. Prisoners participating in work assignments established by the Division of Prisons shall be compensated at rates fixed by the Division of Prisons of the Department of Adult Correction's rules and regulations; provided, that no prisoner so paid shall receive more than one dollar ($1.00) per day, unless the prisoner is performing work for the Division's BRIDGE Program or the Secretary determines that the work assignment requires special skills or training. Upon approval of the Secretary, inmates working for the BRIDGE Program or in job assignments requiring special skills or training may be paid up to five dollars ($5.00) per day. The Correction Enterprises Fund shall be the source of wages and allowances provided to inmates who are employed by the Division of Prisons of the Department of Adult Correction in work assignments established by the Division of Prisons.

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

EFFECTIVE DATE

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