North Carolina § 143B-707 - Reports to the General Assembly.

§ 143B-707. Reports to the General Assembly.

The Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall report by March 1 of each year to the Chairs of the Senate and House Appropriations Committees and the Chairs of the Senate and House Appropriations Subcommittees in Justice and Public Safety on their efforts to provide effective treatment to offenders with substance abuse problems. The report shall include: Details of any new initiatives and expansions or reduction of programs. Details on any treatment efforts conducted in conjunction with other departments. Utilization of the community-based programs at DART-Cherry and Black Mountain Substance Abuse Treatment Center for Women. , (5) Repealed by Session Laws 2007-323, s. 17.3(a), effective July 1, 2007. (6) Statistical information on the number of current inmates with substance abuse problems that require treatment, the number of treatment slots, the number who have completed treatment, and a comparison of available treatment slots to actual utilization rates. The report shall include this information for each funded program. (7) Evaluation of each substance abuse treatment program funded by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. Evaluation measures shall include reduction in alcohol and drug dependency, improvements in disciplinary and infraction rates, recidivism (defined as return-to-prison rates), and other measures of the programs' success. History (1998-212, s. 17.12(d); 2003-284, s. 16.19; 2007-323, s. 17.3(a); 2011-145, s. 19.1(h), (s); 2012-83, s. 51; 2017-186, s. 1(j).) Cross References. - As to reports on vacant positions in the Judicial Department and two other departments, see G.S. 120-12.1. Federal Grant Reporting. - Session Laws 2011-145, s. 18.1, provides: "The Department of Correction [Division of Adult Correction of the Department of Public Safety], the Department of Justice, the Department of Crime Control and Public Safety [Department of Public Safety], the Judicial Department, and the Department of Juvenile Justice and Delinquency Prevention [Division of Juvenile Justice of the Department of Public Safety] shall report by May 1 of each year to the Joint Legislative Commission on Governmental Operations, the Chairs of the House of Representatives and Senate Appropriations Committees, and the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Justice and Public Safety on federal grant funds received or preapproved for receipt by those departments. The report shall include information on the amount of grant funds received or preapproved for receipt by each department, the use of the funds, the State match expended to receive the funds, and the period to be covered by each grant. If the department intends to continue the program beyond the end of the grant period, the department shall report on the proposed method for continuing the funding of the program at the end of the grant period. Each department shall also report on any information it may have indicating that the State will be requested to provide future funding for a program presently supported by a local grant." For prior similar provisions, see Session Laws 2003-284, s. 16.1, Session Laws 2005-276, s. 17.1, Session Laws 2007-323, s. 17.5, and Session Laws 2009-451, s. 19.2. Pilot Programs to Determine Cost-Effectiveness of Placing All Inmates On Work Release. - Session Laws 1998-212, s. 17.25, as amended by Session Laws 1999-237, s. 18.17, provides: "(b) The Department of Correction [Division of Adult Correction of the Department of Public Safety] shall establish a pilot program for determining the benefits of work-release prison units by placing all eligible inmates in the Union Correctional Center, except those needed for Department of Transportation road squads, on work release to the extent possible. The Department shall provide a progress report on this pilot program to the Chairs of the Senate and House Appropriations Committees and the Chairs of the Senate and House Appropriations Subcommittees on Justice and Public Safety by June 30, 2000. The Department shall provide a final report to the Chairs of the House and Senate Appropriations Committees and the Chairs of the House and Senate Appropriations Subcommittees on Justice and Public Safety by March 1, 2001, on the cost-effectiveness of the program." Report on Probation and Parole Caseloads. - Session Laws 2011-145, s. 18.13(a)-(d), provides: "(a) The Department of Correction [Division of Adult Correction of the Department of Public Safety] shall report by March 1 of each year to the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Justice and Public Safety and the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee on caseload averages for probation and parole officers. The report shall include: "(1) Data on current caseload averages and district averages for probation/parole officer positions; "(2) Data on current span of control for chief probation officers; "(3) An analysis of the optimal caseloads for these officer classifications; "(4) An assessment of the role of surveillance officers; "(5) The number and role of paraprofessionals in supervising low-risk caseloads; "(6) An update on the Department's implementation of the recommendations contained in the National Institute of Correction study conducted on the Division of Community Corrections [Section of Community Corrections of the Division of Adult Correction] in 2004 and 2008; "(7) The process of assigning offenders to an appropriate supervision level based on a risk assessment and an examination of other existing resources for assessment and case planning, including the Sentencing Services Program in the Office of Indigent Defense Services and the range of screening and assessment services provided by the Division of Mental Health, Developmental Disability, and Substance Abuse Services in the Department of Health and Human Services; and "(8) Data on cases supervised solely for the collection of court-ordered payments. "(b) The Department of Correction shall conduct a study of probation/parole officer workload. The tudy shall include analysis of the type of offenders supervised, the distribution of the probation/parole officers' time by type of activity, the caseload carried by the officers, and comparisons to practices in other states. The study shall be used to determine whether the caseload goals established by the Structured Sentencing Act are still appropriate, based on the nature of the offenders supervised and the time required to supervise those offenders. "(c) The Department of Correction shall report the results of the study and recommendations for any adjustments to caseload goals to the House of Representatives and Senate Appropriations Subcommittees on Justice and Public Safety by January 1, 2013. "(d) The Department of Correction shall report by March 1 of each year to the Chairs of the House and Senate Appropriations Committees, the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Justice and Public Safety, and the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee on the following: "(1) The number of sex offenders enrolled on active and passive GPS monitoring. "(2) The caseloads of probation officers assigned to GPS-monitored sex offenders. "(3) The number of violations. "(4) The number of absconders. "(5) The projected number of offenders to be enrolled by the end of the 2011-2012 fiscal year and the end of the 2012-2013 fiscal year." For prior similar provisions, see Session Laws 2003-284, s. 16.18(a)-(c), Session Laws 2005-276, s. 17.20(a)-(c), Session Laws 2007-323, s. 17.16(a)-(c), as amended by Session Laws 2008-107, s. 17.4, and Session Laws 2009-451, s. 19.12(a)-(c). Community Service Work Program. - Session Laws 2005-276, s. 17.21, provides: "The Department of Correction [Division of Adult Correction of the Department of Public Safety] shall report to the Chairs of the Senate and House of Representatives Appropriations Subcommittees on Justice and Public Safety by February 1 of each year on the integration of the Community Service Work Program into the Division of Community Corrections [Section of Community Corrections of the Division of Adult Correction], including the Department's ability to monitor the collection of offender payments from unsupervised offenders sentenced to community service. The Department shall also report to the Chairs of the Senate and House of Representatives Appropriations Subcommittees on Justice and Public Safety by February 1 of each year on the average caseloads of Community Service Work Program coordinators, by district, division, and statewide. The report shall also include the money collected, the type and value of the work performed, and the number of offenders in the Community Service Work Program, by type of referral (i.e. parole, supervised probation, unsupervised probation or community punishment, DWI, or any other agency referrals)." Session Laws 2007-323, s. 17.17, provides: "The Department of Correction [Division of Adult Correction of the Department of Public Safety] shall report to the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Justice and Public Safety by February 1 of each year on the integration of the Community Service Work Program into the Division of Community Corrections [Section of Community Corrections of the Division of Adult Correction], including the Department's ability to monitor the collection of offender payments from unsupervised offenders sentenced to community service. The Department shall also report to the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Justice and Public Safety by February 1 of each year on the average caseloads of Community Service Work Program coordinators, by district, division, and statewide. The report shall also include the money collected, the type and value of the work performed, and the number of offenders in the Community Service Work Program, by type of referral (i.e. parole, supervised probation, unsupervised probation or community punishment, DWI, or any other agency referrals)." Mutual Agreement Parole Program. - Session Laws 2011-145, s. 18.7(d), provides: "The Department of Correction and the Post-Release Supervision and Parole Commission shall report by March 1 of each year to the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Justice and Public Safety and to the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee on the number of inmates enrolled in the mutual agreement parole program, the number completing the program and being paroled, and the number who enrolled but were terminated from the program. The information should be based on the previous calendar year." For prior similar provisions, see Session Laws 2007-323, s. 17.1, and Session Laws 2009-451, s. 19.8(d). Editor's Note. - Session Laws 1998-212, s. 17.12(d) was codified as former G.S. 143B-262.3 at the direction of the Revisor of Statutes. Former G.S. 143B-262.3 was recodified by Session Laws 2011-145, s. 19.1(s), effective January 1, 2012. It was subsequently renumbered as this section at the direction of the Revisor of Statutes. The subdivision (a) designation was deleted at the direction of the Revisor of Statutes. Session Laws 1998-212, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations and Capital Improvement Appropriations Act of 1998'." Session Laws 1998-212, s. 30.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1998-99 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 1998-99 fiscal year." Session Laws 1998-212, s. 30.5, is a severability clause. Session Laws 1999-237, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvement Appropriations Act of 1999'." Session Laws 1999-237, s. 30.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1999-2001 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 1999-2001 biennium." Session Laws 1999-237, s. 30.4, is a severability clause. Session Laws 2007-323, s. 17.3(b), provides: "During the 2007-2009 fiscal biennium, the Department of Correction [Division of Adult Correction of the Department of Public Safety] evaluation effort shall focus mainly on evaluation of the long-term residential programs operated by the Department of Correction through private contract and those operated directly by the Department of Correction. The evaluation component of the March 1, 2008, annual report shall be primarily a status report and provide only preliminary information on the evaluation of the residential program. The final evaluation report shall be included in the March 1, 2009, annual report." Session Laws 2007-323, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2007'." Session Laws 2007-323, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2007-2009 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2007-2009 fiscal biennium." Session Laws 2007-323, s. 32.5, is a severability clause. Session Laws 2009-451, s. 19.8(e), provides: "The Department of Correction [Division of Adult Correction of the Department of Public Safety] and the Post-Release Supervision and Parole Commission shall report by March 1 of each year to the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Justice and Public Safety and to the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee on the number of inmates proposed for release, considered for release, and granted release under Chapter 84B of Chapter 15A of the General Statutes, providing for the medical release of inmates who are either permanently and totally disabled, terminally ill, or geriatric." Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'." Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium." Session Laws 2009-451, s. 28.5, is a severability clause. Session Laws 2011-145, s. 19.1(s) recodified former Article 6 of Chapter 143B as Part 2 of Article 5A of Chapter 143B , effective January 1, 2012, but the statutory numbering remained the same. Article 5A was renumbered as Article 13, and former G.S. 143B-260 through 143B-271 were renumbered as G.S. 143B-700 through 143B-726 at the direction of the Revisor of Statutes. 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. Effect of Amendments. - Session Laws 2007-323, s. 17.3(a), effective July 1, 2007, in subsection (a), deleted "including its aftercare" following "program" in subdivision (a)(3), deleted former subdivision (a)(4) which read: "Progress in the development on an offender and inmate tracking and program evaluation system; and," deleted former subdivision (a)(5) which read: "A report on the number of current inmates with substance abuse problems, the numbers currently receiving treatment, and the numbers who have completed treatment. As an offender and inmate tracking system becomes operational, this report shall also include information on the recidivism of inmates who have previously completed substance abuse treatment and been released from prison.", and added subdivisions (a)(6) and (a)(7); and deleted former subsection (b) which read: "The Department shall also report to the Chairs of the Senate and House of Representatives Appropriations Subcommittees on Justice and Public Safety by May 1, 2004, and by February 1 annually beginning in 2005, on the average caseloads of Community Service Work Program coordinators, by district, division, and statewide. The report shall also include the money collected, the type and value of the work performed, and the number of offenders in the Community Service Work Program, by type of referral (i.e. parole, supervised probation, unsupervised probation or community punishment, DWI, or any other agency referrals)." Session Laws 2011-145, s. 19.1(h), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" in the introductory language, and in subdivision (7). Session Laws 2012-83, s. 51, effective June 26, 2012, in subdivision (3), substituted "community-based programs at DART-Cherry and Black Mountain Substance Abuse Treatment Center for Women" for "DART/DWI program"; in subdivision (6), substituted "program." for "program; and"; and made minor punctuation changes. Session Laws 2017-186, s. 1(j), effective December 1, 2017, inserted "and Juvenile Justice" in the introductory language and subdivision (7); and deleted "DOC" preceding "funded: in the last sentence of subdivision (6).