North Carolina § 148-10 - 4. Statewide Misdemeanant Confinement Fund.

§ 148-10. 4. Statewide Misdemeanant Confinement Fund.

Definitions. - The following definitions apply in this section: Division. - Division of Adult Correction and Juvenile Justice of the Department of Public Safety. Fund. - The Statewide Misdemeanant Confinement Fund established by this section. Program. - Statewide Misdemeanant Confinement Program established under G.S. 148-32.1(b3) [G.S. 148-32.1(b2)]. Sheriffs' Association. - North Carolina Sheriffs' Association, Inc. Intent and Purpose. - It is the intent of the General Assembly that the funds in the Fund established by this section be used to reimburse local governments for expenses incurred for housing misdemeanants under the Program, and other related expenses; and to cover administrative costs incurred by the Sheriffs' Association for services provided by it regarding the housing of these misdemeanants. Statewide Misdemeanant Confinement Fund established. - There is created within the Division of Adult Correction and Juvenile Justice a special nonreverting fund called the Statewide Misdemeanant Confinement Fund. Fund Uses. - Moneys in the Fund may be used for the following: Reimbursements by the Sheriffs' Association to counties for the costs of housing misdemeanants under the Program, including the care, supervision, and transportation of those misdemeanants. Reimbursements to the Division of Adult Correction and Juvenile Justice for the cost of housing misdemeanants transferred to the Division pursuant to G.S. 148-32.1(b3), including the care, supervision, and transportation of those misdemeanants. To pay the Sheriffs' Association for administrative and operating expenses pursuant to subsection (e) of this section. To pay the Division of Adult Correction and Juvenile Justice for administrative and operating expenses pursuant to subsection (e) of this section. Repealed by Session Laws 2016-94, s. 17C.1(b), effective July 1, 2016. Upon notification from the Division of Adult Correction and Juvenile Justice that an amount owed by a county for safekeeper reimbursements authorized under G.S. 162-39 is more than 120 days overdue, the Sheriffs' Association shall withhold funds from any reimbursements due to a county under this section and transmit those funds to the Division until that overdue safekeeper reimbursement is satisfied. History (2011-145, s. 19.1(h), (i); 2011-192, s. 7(h); 2013-360, s. 16C.6(a); 2015-241, ss. 16C.6(c), 16C.12; 2016-94, s. 17C.1(b); 2017-186, ss. 2(ccccccc), 3(a).) Prison Reform Funding and Reporting. - Session Laws 2018-5, s. 16C.2(a), (b), provides: "(a) Notwithstanding G.S. 148-10.4, for fiscal year 2018-2019, the sum of fifteen million dollars ($15,000,000) nonrecurring shall be transferred from Budget Code 24550, Fund Code 2325, to Budget Code 14550, Fund Code 1399, for prison facility infrastructure improvements related to safety equipment. "(b) The Department of Public Safety (Department) shall report quarterly beginning November 1, 2018, and continuing quarterly until November 1, 2019, to the Joint Legislative Oversight Committee on Justice and Public Safety on the implementation of the recommendations contained in the National Institute of Corrections Security Operational Assessment report of November 2017. "The report by the Department shall include all of the following: "(1) All modifications to Department rules, policies, and procedures related to disciplinary actions against correctional officers and other correctional staff. "(2) All modifications to Department rules, policies, and procedures related to disciplinary actions against inmates. "(3) Information regarding improvements in collaboration between the Department and Correction Enterprises. "(4) The amount, content, quality, and frequency of staff training. "(5) Modifications to inmate work assignments, including assessments of the appropriateness of particular work assignments based on inmate classification. "(6) The results of security audits and inspections, listed both by facility and aggregated. "(7) Facility infrastructure improvements made to emergency communication, location tracking capabilities, and installation of additional cameras. "(8) Increased availability of staff personal safety equipment and institutional safety equipment. "(9) Adequacy of staffing of prison facilities and actions taken to increase staffing levels. "(10) Changes to the hiring and orientation processes and procedures for correctional officers." Editor's Note. - The bracketed reference to "[G.S. 148-32.1(b2)]" in subdivision (a)(3), has been inserted at the direction of the Revisor of Statutes. Session Laws 2011-192, s. 7( l ), provides: "If there is not adequate capacity in the Statewide Misdemeanant Confinement program, such that the Department of Correction [Division of Adult Correction and Juvenile Justice of the Department of Public Safety] must continue to house prisoners serving more than 90 days and up to 180 days pursuant to G.S. 148-32.1(b4), then the Department of Correction is authorized to use funds received from the Statewide Misdemeanant Confinement Fund to operate facilities previously identified for closure and for diagnostic staff positions." Session Laws 2011-192, s. 7(m), repealed Session Laws 2011-145, s. 31.26(a). Session Laws 2011-145, s. 31.26(a) would have enacted a different G.S. 148-10.4. Session Laws 2011-192, s. 7(m), was contingent on House Bill 200, 2011 Regular Session, becoming law. House Bill 200 was enacted as Session Laws 2011-145. Session Laws 2011-192, s. 9, provides: "This act shall be known as 'The Justice Reinvestment Act of 2011.'" Session Laws 2015-241, s. 16C.6(a), (b), provides: "(a) The North Carolina Sheriffs' Association shall report monthly by the 15th day of each month to the Office of State Budget and Management and the Fiscal Research Division on the Statewide Misdemeanant Confinement Program. Each monthly report shall include the following: "(1) The daily population, delineated by misdemeanant or DWI monthly housing. "(2) The cost of housing prisoners under the Program. "(3) The cost of transporting prisoners under the Program. "(4) Personnel costs. "(5) Inmate medical care costs. "(6) The number of counties that volunteer to house inmates under the Program. "(7) The administrative costs paid to the Sheriffs' Association and to the Department of Public Safety. "(b) The North Carolina Sheriffs' Association shall report by October 1, 2015, to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety and the Joint Legislative Oversight Committee on Justice and Public Safety on the Statewide Misdemeanant Confinement Program. The annual report shall include the following with respect to the prior fiscal year: "(1) Revenue collected by the Statewide Misdemeanant Confinement Program. "(2) The cost of housing prisoners by county under the Program. "(3) The cost of transporting prisoners by county under the Program. "(4) Personnel costs by county. "(5) Inmate medical care costs by county. "(6) The number of counties that volunteer to house inmates under the Program. "(7) The administrative costs paid to the Sheriffs' Association and to the Department of Public Safety." For similar prior provisions, see Session Laws 2013-36 s. 16C.6(b). Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2016-94, s. 17C.1(a), provides: "Recurring funds appropriated for the Statewide Misdemeanant Confinement Fund shall be used for the Statewide Misdemeanant Confinement Program. These funds shall not be transferred to a special fund. This subsection shall apply beginning with the 2016-2017 fiscal year and shall remain in effect beyond the 2015-2017 fiscal biennium." Session Laws 2016-94, s. 17C.1(d) amends G.S. 148-32.1 to delete a reference to that fund and a provision continuing the Program only as long as funds were available through that fund. Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'" Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year." Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2017-186, s. 3(a), provides: "The Revisor of Statutes shall change any additional references in the General Statutes to the 'Division of Adult Correction' to the 'Division of Adult Correction and Juvenile Justice.' " Session Laws 2018-5, s. 16B.2, provides: "Notwithstanding G.S. 148-10.4, for fiscal year 2018-2019, the sum of sixteen million five hundred thousand dollars ($16,500,000) nonrecurring shall be transferred from Budget Code 24550, Fund Code 2325, to Budget Code 14550, Fund Code 1414, to be used to upgrade and support North Carolina's Voice Interoperability Plan for Emergency Responders (VIPER) and to be allocated as follows: "(1) Eight million seven hundred thousand dollars ($8,700,000) for GTR base station hardware upgrades. "(2) Five million dollars ($5,000,000) for Service Upgrade Assurance catch-up. "(3) One million five hundred thousand dollars ($1,500,000) for long-term contract for Service Upgrade Assurance. "(4) One million three hundred thousand dollars ($1,300,000) for MOSCAD security monitoring." Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year." Session Laws 2018-5, s. 39.7, is a severability clause. Effect of Amendments. - Session Laws 2015-241, ss. 16C.6(c), 16C.12, effective July 1, 2015, substituted "funds" for "monthly receipts collected and" twice in subsection (e); and added subsection (f). Session Laws 2015-241, s. 16C.6(c), effective July 1, 2015, substituted "funds" for "monthly receipts collected and" twice in subsection (e). Session Laws 2015-241, s. 16C.12, effective July 1, 2015, added subsection (f). Session Laws 2016-94, s. 17C.1(b), effective July 1, 2016, deleted former subsection (e) which read: "Operating and Administrative Expenses. - Five percent (5%) of the funds credited to the Statewide Misdemeanant Confinement Fund, not to exceed the sum of one million dollars ($ 1,000,000) annually, shall be transferred on a monthly basis to the Sheriffs' Association to be used to support the Program and for administrative and operating expenses of the Association and its staff. One percent (1%) of the funds credited to the Statewide Misdemeanant Confinement Fund shall be transferred on a monthly basis to the General Fund to be allocated to the Division of Adult Correction for its administrative and operating expenses for the Program." Session Laws 2017-186, s. 2(cccccc), effective December 1, 2017, inserted "and Juvenile Justice" throughout the section.