GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2019

 

SESSION LAW 2019-229

HOUSE BILL 1001

 

 

AN ACT consistent with house bill 966 of the 2019 regular session providing the resources necessary to implement the legislation known as raise the age.

 

The General Assembly of North Carolina enacts:

 

part i. allocation of assistant district attorneys

SECTION 1.(a) G.S. 7A‑60(a1) reads as rewritten:

"(a1) The counties of the State are organized into prosecutorial districts, and each district has the counties and the number of full‑time assistant district attorneys set forth in the following table:

No. of Full‑Time

Prosecutorial Asst. District

District Counties Attorneys

1 Camden, Chowan, Currituck, 11

Dare, Gates, Pasquotank,

Perquimans

2 Beaufort, Hyde, Martin, 8

Tyrrell, Washington

3 Pitt 12

4 Carteret, Craven, Pamlico 13

5 Duplin, Jones, Onslow, 1920

Sampson

6 New Hanover, Pender 1920

7 Bertie, Halifax, Hertford, 11

Northampton

8 Edgecombe, Nash, Wilson 19

9 Greene, Lenoir, Wayne 1415

10 Wake 42

11 Franklin, Granville, Person 15

Vance, Warren

12 Harnett, Lee 11

13 Johnston 1011

14 Cumberland 25

15 Bladen, Brunswick, Columbus 14

16 Durham 18

17 Alamance 12

18 Orange, Chatham 10

19 Scotland, Hoke 10

20 Robeson 1213

21 Anson, Richmond 6

22 Caswell, Rockingham 8

23 Stokes, Surry 8

24 Guilford 3435

25 Cabarrus 910

26 Mecklenburg 58

27 Rowan 9

28 Montgomery, Stanly 6

29 Moore 5

30 Union 11

31 Forsyth 27

32 Alexander, Iredell 12

33 Davidson, Davie 12

34 Alleghany, Ashe, Wilkes, 9

Yadkin

35 Avery, Madison, Mitchell, 8

Watauga, Yancey

36 Burke, Caldwell, Catawba 1920

37 Randolph 10

38 Gaston 1516

39 Cleveland, 12

Lincoln

40 Buncombe 14

41 McDowell, Rutherford 8

42 Henderson, Polk, Transylvania 9

43 Cherokee, Clay, Graham, 12

Haywood, Jackson, Macon,

Swain."

SECTION 1.(b) G.S. 7A‑60(a1), as amended by subsection (a) of this section, reads as rewritten:

"(a1) The counties of the State are organized into prosecutorial districts, and each district has the counties and the number of full‑time assistant district attorneys set forth in the following table:

No. of Full‑Time

Prosecutorial Asst. District

District Counties Attorneys

1 Camden, Chowan, Currituck, 1112

Dare, Gates, Pasquotank,

Perquimans

2 Beaufort, Hyde, Martin, 8

Tyrrell, Washington

3 Pitt 12

4 Carteret, Craven, Pamlico 13

5 Duplin, Jones, Onslow, 20

Sampson

6 New Hanover, Pender 20

7 Bertie, Halifax, Hertford, 11

Northampton

8 Edgecombe, Nash, Wilson 19

9 Greene, Lenoir, Wayne 15

10 Wake 42

11 Franklin, Granville, Person 15

Vance, Warren

12 Harnett, Lee 1112

13 Johnston 11

14 Cumberland 25

15 Bladen, Brunswick, Columbus 1415

16 Durham 18

17 Alamance 12

18 Orange, Chatham 10

19 Scotland, Hoke 10

20 Robeson 13

21 Anson, Richmond 6

22 Caswell, Rockingham 89

23 Stokes, Surry 8

24 Guilford 35

25 Cabarrus 10

26 Mecklenburg 58

27 Rowan 9

28 Montgomery, Stanly 6

29 Moore 5

30 Union 11

31 Forsyth 27

32 Alexander, Iredell 1213

33 Davidson, Davie 12

34 Alleghany, Ashe, Wilkes, 9

Yadkin

35 Avery, Madison, Mitchell, 8

Watauga, Yancey

36 Burke, Caldwell, Catawba 20

37 Randolph 10

38 Gaston 16

39 Cleveland, 1213

Lincoln

40 Buncombe 14

41 McDowell, Rutherford 8

42 Henderson, Polk, Transylvania 9

43 Cherokee, Clay, Graham, 1213

Haywood, Jackson, Macon,

Swain."

SECTION 1.(c) G.S. 7A‑60(a1), as amended by subsections (a) and (b) of this section, reads as rewritten:

"(a1) The counties of the State are organized into prosecutorial districts, and each district has the counties and the number of full‑time assistant district attorneys set forth in the following table:

No. of Full‑Time

Prosecutorial Asst. District

District Counties Attorneys

36 Burke, Caldwell 910

."

SECTION 1.(d) Subsection (a) of this section becomes effective July 1, 2019. Subsection (b) of this section becomes effective July 1, 2020. Subsection (c) of this section becomes effective January 1, 2023.

 

part ii. additional district court judges

SECTION 2.(a) G.S. 7A‑133 reads as rewritten:

" 7A‑133. Numbers of judges by districts; numbers of magistrates and additional seats of court, by counties.

(a) Each district court district shall have the numbers of judges as set forth in the following table:

District Judges County

1 5 Camden

Chowan

Currituck

Dare

Gates

Pasquotank

Perquimans

2 4 Martin

Beaufort

Tyrrell

Hyde

Washington

3A 56 Pitt

3B 6 Craven

Pamlico

Carteret

4 89 Sampson

Duplin

Jones

Onslow

5 9 New Hanover

Pender

6 4 Northampton

Bertie

Hertford

Halifax

7 7 Nash

Edgecombe

Wilson

8 6 Wayne

Greene

Lenoir

9 5 Granville

(part of Vance

see subsection (b))

Franklin

Person

9B 2 Warren

(part of Vance

see subsection (b))

10A 3 (part of Wake

see subsection (b))

10B 3 (part of Wake

see subsection (b))

10C 3 (part of Wake

see subsection (b))

10D 65 (part of Wake

see subsection (b))

10E 3 (part of Wake

see subsection (b))

10F 3 (part of Wake

see subsection (b))

11 11 Harnett

Johnston

Lee

12 10 Cumberland

13 6 Bladen

Brunswick

Columbus

14 7 Durham

15A 4 Alamance

15B 5 Orange

Chatham

16A 4 Scotland

Anson

Richmond

16B 56 Robeson

17A 4 Caswell

Rockingham

17B 4 Stokes

Surry

18 14 Guilford

19A 56 Cabarrus

19B 5 Randolph

19C 5 Rowan

19D 4 Hoke, Moore

20A 3 Montgomery, Stanly

20B 1 (part of Union

see subsection (b))

20C 2 (part of Union

see subsection (b))

20D 12 Union

21 11 Forsyth

22A 56 Alexander

Iredell

22B 6 Davidson

Davie

23 4 Alleghany

Ashe

Wilkes

Yadkin

24 4 Avery

Madison

Mitchell

Watauga

Yancey

25 910 Burke

Caldwell

Catawba

26A 3 (part of Mecklenburg

see subsection (b))

26B 3 (part of Mecklenburg

see subsection (b))

26C 2 (part of Mecklenburg

see subsection (b))

26D 2 (part of Mecklenburg

see subsection (b))

26E 3 (part of Mecklenburg

see subsection (b))

26F 3 (part of Mecklenburg

see subsection (b))

26G 2 (part of Mecklenburg

see subsection (b))

26H 3 (part of Mecklenburg

see subsection (b))

27A 7 Gaston

27B 6 Cleveland

Lincoln

28 7 Buncombe

29A 34 McDowell

Rutherford

29B 4 Henderson

Polk

Transylvania

30 6 Cherokee

Clay

Graham

Haywood

Jackson

Macon

Swain.

."

SECTION 2.(b) Section 2(b) of S.L. 2018‑14 reads as rewritten:

"SECTION 2.(b) In order to implement the district court districts as enacted by this section, the following shall apply:

(1) Judges in the following districts, as set out in this section, shall take office on January 1, 2019, with elections in 2018, and every four years thereafter, to be held accordingly:

a. District 10A one judge.

b. District 10B one judge.

c. District 10D three judges.

d. District 10E two judges.

e. District 10F one judge.

f. District 26A three judges.

g. District 26B one judge.

h. District 26E two judges.

i. District 26F two judges.

j. District 26G one judge.

(2) Judges in the following districts, as set out in this section, shall take office on January 1, 2021, with elections in 2020, and every four years thereafter, to be held accordingly:

a. District 10A two judges.

b. District 10B two judges.

c. District 10C three judges.

d. District 10D three two judges.

e. District 10E one judge.

f. District 10F two judges.

g. District 26B two judges.

h. District 26C two judges.

i. District 26D two judges.

j. District 26E one judge.

k. District 26F one judge.

l. District 26G one judge.

m. District 26H three judges."

SECTION 2.(c) Subsection (b) of this section becomes effective July 1, 2019. Subsection (a) of this section becomes effective January 1, 2021, and elections conducted in 2020 shall be conducted in accordance with the judgeships created in subsection (a) of this section.

 

part iii. appropriations to the Administrative Office of the Courts

SECTION 3.(a) To support implementation of Section 16D.4 of S.L. 2017‑57 ("Raise the Age legislation"), there is appropriated from the General Fund to the Administrative Office of the Courts the sum of three hundred seventy‑three thousand one hundred ninety‑one dollars ($373,191) in recurring funds for the 2019‑2020 fiscal year, the sum of sixteen thousand ninety‑three dollars ($16,093) in nonrecurring funds for the 2019‑2020 fiscal year, the sum of one million three hundred sixty‑six thousand one hundred thirty‑one dollars ($1,366,131) in recurring funds for the 2020‑2021 fiscal year, and the sum of sixty‑nine thousand five hundred three dollars ($69,503) in nonrecurring funds for the 2020‑2021 fiscal year, to be used for all of the following:

(1) Create seven deputy clerk positions, effective July 1, 2019. The positions authorized under this subdivision shall be located in the Counties of Alamance, Burke, Davidson, Johnston, McDowell, Randolph, and Yadkin.

(2) Create seven district court judge positions, effective January 1, 2021.

SECTION 3.(b) To support implementation of the Raise the Age legislation, there is appropriated from the General Fund to the Administrative Office of the Courts the sum of one million three hundred thirty‑two thousand two hundred fifty‑two dollars ($1,332,252) in recurring funds for each fiscal year of the 2019‑2021 fiscal biennium, and the sum of forty‑six thousand three hundred sixty‑two dollars ($46,362) in nonrecurring funds for the 2019‑2020 fiscal year, to be used to create nine assistant district attorney positions and three district attorney legal assistant positions. The positions authorized under this subsection are effective July 1, 2019. The legal assistant positions authorized under this subsection shall be assigned to Prosecutorial District 28 (Stanley and Montgomery Counties), Prosecutorial District 33 (Davie and Davidson Counties), and Prosecutorial District 36 (Burke, Caldwell, and Catawba Counties).

SECTION 3.(c) To support implementation of the Raise the Age legislation, there is appropriated from the General Fund to the Administrative Office of the Courts the sum of eight hundred seventy‑nine thousand one hundred twenty‑three dollars ($879,123) in recurring funds for the 2020‑2021 fiscal year to be used to create seven assistant district attorney positions starting in the 2020‑2021 fiscal year to address existing deficiencies in district attorney office workload.

 

part iv. appropriation to the office of indigent defense services

SECTION 4. To support implementation of the Raise the Age legislation, there is appropriated from the General Fund to the Office of Indigent Defense Services the sum of eighty‑seven thousand six hundred eighty‑one dollars ($87,681) in recurring funds for the 2019‑2020 fiscal year, and the sum of one hundred nine thousand one hundred thirty‑one dollars ($109,131) in recurring funds for the 2020‑2021 fiscal year, to be used to create a position, effective October 1, 2019, to provide training and consulting services to private assigned counsel attorneys in the State assigned to juvenile justice cases.

 

part v. appropriations to the department of public safety

SECTION 5. To support implementation of the Raise the Age legislation, the sum of thirty million nine hundred fifteen thousand four hundred thirty‑one dollars ($30,915,431) for the 2019‑2020 fiscal year and the sum of forty‑three million five hundred thirty‑eight thousand seven hundred four dollars ($43,538,704) for the 2020‑2021 fiscal year are appropriated from the General Fund to the Department of Public Safety as follows:

(1) One million four hundred twenty thousand fifty‑three dollars ($1,420,053) in recurring funds for the 2019‑2020 fiscal year, two hundred thousand dollars ($200,000) in nonrecurring funds for the 2019‑2020 fiscal year, and one million eight hundred ninety‑three thousand four hundred four dollars ($1,893,404) in recurring funds for the 2020‑2021 fiscal year, to provide funding to the Division of Juvenile Justice to create, effective October 1, 2019, five staff training positions, two statistician positions, three information technology positions, and two human resources positions.

(2) Five hundred thousand dollars ($500,000) in recurring funds for the 2019‑2020 fiscal year, forty thousand dollars ($40,000) in nonrecurring funds for the 2019‑2020 fiscal year, and five hundred thousand dollars ($500,000) in recurring funds for the 2020‑2021 fiscal year, to be used to create one facility management position and six field support specialist positions to support operations at the juvenile detention centers, youth development centers, and other Division of Juvenile Justice facilities throughout the State.

(3) Five hundred ninety‑three thousand nine hundred eighty‑four dollars ($593,984) in recurring funds for the 2019‑2020 fiscal year, one million forty‑four thousand dollars ($1,044,000) in nonrecurring funds for the 2019‑2020 fiscal year, and eight hundred ninety thousand nine hundred seventy‑six dollars ($890,976) in recurring funds for the 2020‑2021 fiscal year, to be used to (i) create, effective October 1, 2019, 15 transportation positions and (ii) purchase 29 vans.

(4) Four million five hundred thousand dollars ($4,500,000) in recurring funds for the 2019‑2020 fiscal year and six million seven hundred thousand dollars ($6,700,000) in recurring funds for the 2020‑2021 fiscal year, to be used to increase bed capacity at juvenile detention centers. The funds appropriated in this subdivision shall be used to support operations at juvenile detention centers across the State, including those owned and operated by the State and those owned and operated on a contract basis by certain counties.

(5) One million five hundred thirty‑five thousand four hundred eighty‑six dollars ($1,535,486) in recurring funds for the 2019‑2020 fiscal year, three hundred twenty‑two thousand dollars ($322,000) in nonrecurring funds for the 2019‑2020 fiscal year, and two million three hundred thousand dollars ($2,300,000) in recurring funds for the 2020‑2021 fiscal year, to create 38 positions at, and cover certain operating expenses for, the C.A. Dillon Youth Development Center in the Town of Butner.

(6) Three hundred fifty thousand dollars ($350,000) in recurring funds for the 2019‑2020 fiscal year, twenty‑four thousand nine hundred fourteen dollars ($24,914) in nonrecurring funds for the 2019‑2020 fiscal year, and five hundred thousand dollars ($500,000) in recurring funds for the 2020‑2021 fiscal year, to create, effective October 1, 2019, four new school counselor positions to provide reentry and placement services, career planning, vocational training, and other services for juveniles who are preparing to exit secure custody.

(7) Six million five hundred thousand dollars ($6,500,000) in recurring funds for the 2019‑2020 fiscal year, three hundred fifty thousand dollars ($350,000) in nonrecurring funds for the 2019‑2020 fiscal year, and eleven million one hundred thousand dollars ($11,100,000) in recurring funds for the 2020‑2021 fiscal year, to (i) provide additional funding for contracts for Level II community‑based and residential programs for juveniles who have been adjudicated delinquent and (ii) create, effective December 1, 2019, one contract management position.

(8) Two hundred fifty thousand dollars ($250,000) in recurring funds for the 2019‑2020 fiscal year, eighty thousand dollars ($80,000) in nonrecurring funds for the 2019‑2020 fiscal year, and four hundred thousand dollars ($400,000) in recurring funds for the 2020‑2021 fiscal year, to create, effective November 1, 2019, five positions in the Community Programs section to provide administrative support and technical assistance and to monitor programmatic quality and fiscal accountability for Juvenile Crime Prevention Council programs.

(9) Four million two hundred fifty thousand dollars ($4,250,000) in recurring funds for the 2019‑2020 fiscal year and six million six hundred sixty‑one thousand nine hundred thirty dollars ($6,661,930) in recurring funds for the 2020‑2021 fiscal year, to provide additional funding to be allocated to the county‑level Juvenile Crime Prevention Councils.

(10) Three million eighty‑two thousand six hundred dollars ($3,082,600) in recurring funds for the 2019‑2020 fiscal year, one million nine hundred eighty thousand dollars ($1,980,000) in nonrecurring funds for the 2019‑2020 fiscal year, and eight million seven hundred thousand dollars ($8,700,000) in recurring funds for the 2020‑2021 fiscal year, to create, beginning November 1, 2019, and phased in over the course of the 2019‑2020 fiscal year, 97 Juvenile Court Counselor positions that will act as the primary point of contact for juveniles and their families as the juveniles move through the juvenile justice system.

(11) Three million eight hundred ninety‑two thousand three hundred ninety‑four dollars ($3,892,394) in recurring funds for the 2019‑2020 fiscal year and three million eight hundred ninety‑two thousand three hundred ninety‑four dollars ($3,892,394) in recurring funds for the 2020‑2021 fiscal year, to provide annualized recurring funding for the 65 full‑time equivalent (FTE) positions in the Court Services section of the Division of Juvenile Justice authorized in the Committee Report described in Section 39.2 of S.L. 2018‑5.

 

part vi. conforming changes

SECTION 6. If House Bill 966, 2019 Regular Session, becomes law, then Sections 15.6 and 15.10 of that act are repealed.

 

part vii. miscellaneous and effective date

SECTION 7.(a) Departmental receipts, as defined in G.S. 143C‑1‑1, are appropriated for each fiscal year of the 2019‑2021 fiscal biennium up to the amounts needed to implement the provisions set forth in this act.

SECTION 7.(b) If any provision of this act and G.S. 143C‑5‑4 are in conflict, the provisions of this act shall prevail. The appropriations and the authorizations to allocate and spend funds which are set out in this act shall remain in effect until the Current Operations Appropriations Act for the applicable fiscal year becomes law, at which time that act shall become effective and shall govern appropriations and expenditures. When the Current Operations Appropriations Act for that fiscal year becomes law, the Director of the Budget shall adjust allotments to give effect to that act from July 1 of the fiscal year.

SECTION 7.(c) Except as otherwise provided in this act, this act becomes effective July 1, 2019.

In the General Assembly read three times and ratified this the 10th day of October, 2019.

 

 

s/ Philip E. Berger

President Pro Tempore of the Senate

 

 

s/ Tim Moore

Speaker of the House of Representatives

 

 

s/ Roy Cooper

Governor

 

 

Approved 11:24 a.m. this 14th day of October, 2019