North Carolina § 143B-600 - Organization.

§ 143B-600. Organization.

There is established the Department of Public Safety. The head of the Department of Public Safety is the Secretary of Public Safety, who shall be known as the Secretary. The powers and duties of the deputy secretaries, commissioners, directors, and the divisions of the Department shall be subject to the direction and control of the Secretary of Public Safety, except that the powers and duties of the following agencies shall be exercised independently of the Secretary in accordance with the following statutes: The North Carolina Alcoholic Beverage Control Commission, in accordance with G.S. 18B-200. The State Bureau of Investigation, in accordance with G.S. 143B-915. History (2011-145, s. 19.1(b); 2011-183, s. 127(c); 2011-195, s. 1(d); 2011-260, s. 6(c); 2011-391, s. 43(a); 2012-83, ss. 8, 64; 2012-168, s. 5(b); 2013-289, s. 2; 2013-360, s. 16D.7(a); 2014-100, s. 15.2A(e); 2016-94, s. 17A.3.) Editor's Note. - This Article was enacted as Article 5A by Session Laws 2011-145, s. 19.1(b). It has been renumbered as Article 13 at the direction of the Revisor of Statutes. This section was enacted as G.S. 143B-259 by Session Laws 2011-145, s. 19.1(b), and was renumbered as this section at the direction of the Revisor of Statutes. Session Laws 2011-145, s. 19.1(a), provides: "The Department of Public Safety is established as a new executive department. All functions, powers, duties, and obligations vested in the following departments and agencies are transferred to, vested in, and consolidated within the Department of Public Safety by a Type I transfer, as defined in G.S. 143A-6 : "(1) The Department of Correction. "(2) The Department of Crime Control and Public Safety. "(3) The Department of Juvenile Justice and Delinquency Prevention." Session Laws 2011-145, s. 19.1(r), provides: "Both of the following apply to any recodification pursuant to subsections (s) through (x) of this section: "(1) Statutory sections of the former statutes that were reserved for future codification shall have corresponding sections that are reserved for future codification in the recodified statutes. "(2) The recodifications are of the affected statutes as rewritten by subsections (g) through (q) of this section, as applicable." Session Laws 2011-145, s. 19.1(hhh1), provides: "Notwithstanding any other provision of law, subject to the approval of the Director of the Budget, the Office of State Budget and Management or the Secretary of the Department of Public Safety may reclassify or eliminate existing administrative positions that are not specifically addressed in this act as needed for the efficient operation of the Department." Session Laws 2011-145, s. 19.1(iii), provides: "The Office of State Budget and Management, in consultation with the Department of Juvenile Justice and Delinquency Prevention, the Department of Crime Control and Public Safety, and the Department of Correction, shall make the following reports on progress implementing this section to the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee: "(1) An interim report on or before October 1, 2011. "(2) A final report on or before January 15, 2012. This report shall include information about any reclassifications of positions or reductions in force pursuant to subsection (hhh1) of this section and may include any recommendations for changes to the statutes that organize the Department of Public Safety." Session Laws 2011-145, s. 19.1(jjj), made this Article effective January 1, 2012. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5, is a severability clause. Session Laws 2012-83, s. 63, provides: "The evidence warehouse that was operated by the Law Enforcement Support Services Division of the Department of Crime Control and Public Safety prior to January 1, 2012, is transferred to the Office of External Affairs in the Department of Public Safety. All State-owned personal property located in or associated with the warehouse and all evidence of any type, including rape kits, located in the warehouse are reallocated to the Office of External Affairs in the Department of Public Safety. The warehouse shall be known as the 'Victim Services Warehouse.' The Department of Public Safety shall assume any lease to which the warehouse is subject at the time this section becomes effective." Session Laws 2014-100, s. 15.2A(a), provides: "The North Carolina Alcoholic Beverage Control Commission is hereby transferred to the Department of Public Safety. This transfer shall have all of the elements of a Type II transfer, as described in G.S. 143A-6 , except that the management functions of the ABC Commission shall not be performed under the direction and supervision of the Secretary of the Department of Public Safety." Session Laws 2014-100, s. 17.1(a)-(b), provides: "(a) The Division of Criminal Information of the Department of Justice is hereby transferred to the Department of Public Safety. This transfer shall have all of the elements of a Type I transfer, as described in G.S. 143A-6 . "(b) The remainder of the State Bureau of Investigation is hereby transferred to the Department of Public Safety as a new section within the Law Enforcement Division. This transfer shall have all of the elements of a Type II transfer, as described in G.S. 143A-6 , except as provided in G.S. 143B-927, as enacted by subsection (ttt) of this section." Session Laws 2014-100, s. 17.5(a)-(b), provides: "The Private Protective Services Board and the Alarm Systems Licensing Board are hereby transferred to the Department of Public Safety. These transfers shall have all of the elements of a Type II transfer, as described in G.S. 143A-6 ." Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2019-236, ss. 1-3, provide: "SECTION 1. The Joint Legislative Program Evaluation Oversight Committee shall include in the 2019-2020 Work Plan for the Program Evaluation Division of the General Assembly a study of alternative organization and management structures for the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. The Division, in consultation with the Department of Public Safety and the Fiscal Research Division of the General Assembly, shall examine the following alternatives: "(1) Creation of the Department of Correction. - A transfer of the authority, powers, duties, and functions of the Division of Prisons, and the Post-Release Supervision and Parole Commission, of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety into a new principal State department: the Department of Correction. "(2) Creation of the Department of Juvenile Justice and Delinquency Prevention. - A transfer of the authority, powers, duties, and functions of the Juvenile Justice Section in the Division of Adult Correction and Juvenile Justice, Teen Court, Youth Development Centers, Juvenile Court Services, and Juvenile Crime Prevention Councils, from the Division of Adult Correction and Juvenile Justice of the Department of Public Safety into a new principal State department: the Department of Juvenile Justice and Delinquency Prevention. "(3) Establishment of the Division of Correction. - A transfer of the authority, powers, duties, and functions of the Division of Prisons, and the Post-Release Supervision and Parole Commission, from the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, to establish a new Division of Correction which would be administratively located in the Department of Public Safety. The Division would be an independent agency under the direction and supervision of the Director, who would serve as chief executive officer of the Division and would be solely responsible for all management functions. "(4) Establishment of the Division of Juvenile Justice and Delinquency Prevention. - A transfer of the authority, powers, duties, and functions of the Juvenile Justice Section in the Division of Adult Correction and Juvenile Justice, Teen Court, Youth Development Centers, Juvenile Court Services, and Juvenile Crime Prevention Councils, from the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, to establish a new Division of Juvenile Justice and Delinquency Prevention which would be administratively located in the Department of Public Safety. The Division would be an independent agency under the direction and supervision of the Director, who would serve as chief executive officer of the Division and would be solely responsible for all management functions. "(5) Establishment of the Division of Adult Correction and Juvenile Justice. - A transfer of the authority, powers, duties, and functions of the Division of Prisons, Post-Release Supervision and Parole Commission, Community Corrections, the Treatment for Effective Community Supervision Program, the Justice-Reinvestment Council, and Juvenile Justice sections, including Teen Court, Youth Development Centers, Juvenile Court Services, and Juvenile Crime Prevention Councils from the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, to establish a new Division of Adult Correction and Juvenile Justice which would be administratively located in the Department of Public Safety. The Division would be an independent agency under the direction and supervision of the Director, who would serve as chief executive officer of the Division and would be solely responsible for all management functions. "SECTION 2. The study shall include the following for each of the five specified alternatives to the current organization and management structure for the Division of Adult Correction and Juvenile Justice of the Department of Public Safety: "(1) Organization. - The organizational structure of the new department or division, a summary of any central administrative office support provided by the Department of Public Safety, including an analysis of the separation of support areas of fiscal, budget, legal, purchasing, controller, legislative, training, records, communication, engineering, and any other necessary aspects needed to form a new department, and a statement of the total personnel positions for management, administration, and programs. "(2) Budget. - The proposed budget for fiscal year 2021-2022 for each new department or division including any proposed new positions, position reclassifications, or changes to salary structure of personnel that would be required for the transfer or reorganization, as well as an analysis of the financial means necessary to cover the structural budget of each function currently and under any proposed alternative. "(3) Considerations. - A written statement of all relevant considerations identified by the Department regarding each alternative plan for transfer or reorganization, a summary of why each option should and should not be adopted, including any impact separation may have on coordination and cooperation between agencies concerning intelligence sharing, joint law enforcement operations, or training, and an explanation of how the proposed alternative organization and management structure could result in the most effective and efficient delivery of services and programs. "(4) Cost. - An analysis of the following: "a. The full cost of a new department or division, including subdivisions (1) and (2) of this section, as well as indirect costs such as signage, uniforms, media, vehicle decals, and any other relevant indirect costs. "b. The cost to fund incentive programs within a new department or division, such as retention incentives and employee step pay plans, as well as the means to address any structural budget deficits. "(5) Implementation details. - A plan of implementation, proposed legislation required, and an implementation time line for each of the five alternatives. "SECTION 3. The Program Evaluation Division shall submit its findings to the Joint Legislative Program Evaluation Oversight Committee and to the Joint Legislative Oversight Committee on Justice and Public Safety no later than November 1, 2020." Effect of Amendments. - Session Laws 2011-260, s. 6(c), effective June 23, 2011, deleted "the Butner Public Safety Division" following "the Alcohol Law Enforcement Division" in subdivision (a)(3). Session Laws 2011-391, s. 43(a), effective July 1, 2011, in the introductory language of subsection (a), substituted "six divisions" for "seven divisions"; in subdivision (a)(3), in the first sentence, deleted "and the Department of Justice" following "and Public Safety"; and in subdivision (a)(4), inserted "Crime Control and." Session Laws 2012-83, ss. 8, 64, effective June 26, 2012, in subdivision (a)(1), substituted "correction enterprises, alcoholism and chemical dependency treatment, offender records management, and extradition" for "and correction enterprises"; near the beginning of subdivision (a)(6), inserted "chief," and near the end substituted "Commission" for "Commission, the Criminal Justice Partnership Program,"; in subdivision (a)(7), inserted "the Victim Services Warehouse and the storage and management of evidence and other contents housed in the warehouse." Session Laws 2012-168, s. 5(b), effective July 12, 2012, added the last three sentences in subdivision (a)(6). Session Laws 2013-289, s. 2, effective July 18, 2013, deleted the third sentence in subsection (a), which formerly read "The Department shall consist of six divisions and an Office of External Affairs as follows"; and deleted subdivisions (a)(1) through (a)(7). Session Laws 2013-360, s. 16D.7(a), effective July 1, 2013, in subsection (b), substituted "deputy secretaries, commissioners, directors, and the divisions of the Department" for "deputy secretaries and the respective divisions." Session Laws 2014-100, s. 15.2A(e), effective October 1, 2014, added the exception at the end of subsection (b). Session Laws 2016-94, s. 17A.3, effective July 1, 2016, in subsection (b), substituted "following agencies shall be exercised independently of the Secretary in accordance with the following statutes" for "North Carolina Alcoholic Beverage Control Commission shall be exercised independently of the Secretary, in accordance with G.S. 18B-200 " and added subdivisions (b)(1) and (b)(2).