GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	3 

HOUSE BILL 18*
Committee Substitute Favorable 3/30/89
Committee Substitute #2 Favorable 8/3/89

Short Title:  Satellite Jail Fund.	(Public)
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Sponsors:
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Referred to:  
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January 13, 1989

A BILL TO BE ENTITLED
AN ACT TO DESIGNATE APPROPRIATED FUNDS FOR THE ADMINISTRATION OF THE SATELLITE JAIL/WORK RELEASE UNIT FUND AND TO REDUCE PRISON AND JAIL OVERCROWDING. 
The General Assembly of North Carolina enacts:
Section 1.  From the funds appropriated to the Office of State Budget and Management for the 1989-90 fiscal year and the 1990-91 fiscal year for the County Satellite Jail/Work Release Units, the Office of State Budget and Management may use no more than one percent (1%) of the funds appropriated for costs of administering the Fund.  These funds shall not revert at the end of the fiscal year for which they are appropriated but shall remain available until expended for the County Satellite Jail/Work Release Units Fund.
Sec. 2.  G. S. 153A-230.2 reads as rewritten:
"§ 153A-230.2.  Creation of Satellite Jail/Work Release Unit Fund.
(a)	There is created in the Office of State Budget and Management  the County Satellite Jail/Work Release Unit Fund to provide State grant funds for counties or groups of counties for construction of satellite jail/work release units for certain misdemeanants who receive active sentences.  A county or group of counties may apply to the Office for a grant under this section.  The application shall be in a form established by the Office.  The Office shall:
(1)	Develop application and grant criteria based on the basic requirements listed in this Part,
(2)	Provide all Boards of County Commissioners and Sheriffs with the criteria and appropriate application forms, technical assistance, if requested, and a proposed written agreement,
(3)	Review all applications,
(4)	Select grantees and award grants,
(5)	Award no more than seven hundred fifty thousand dollars ($750,000) for any one county or group of counties except that if a group of counties agrees to jointly operate one unit for males and one unit for females, the maximum amount may be awarded for each unit,
(6)	Take into consideration the potential number of misdemeanants and the percentage of the county's or counties' misdemeanant population to be diverted from the State prison system,
(7)	Take into consideration the utilization of existing buildings suitable for renovation where appropriate,
(8)	Take into consideration the timeliness with which a county proposes to complete and occupy the unit,
(9)	Take into consideration the appropriateness and cost effectiveness of the proposal, 
(10)	Take into consideration the plan with which the county intends to coordinate the unit with other community service programs such as intensive probation, community penalties, and community service.
When considering the items listed in subdivisions (6) through (10), the Office shall determine the appropriate weight to be given each item.
(b)	A county or group of counties is eligible for a grant under this section if it agrees to abide by the basic requirements for satellite jail/work release units established in G.S. 153A-230.3.  In order to receive a grant under this section, there must be a written agreement to abide by the basic requirements for satellite jail/work release units set forth in G.S. 153A-230.3.  The written agreement shall be signed by the Chairman of the Board of County Commissioners, with approval of the Board of County Commissioners, and a representative of the Office of State Budget and Management. If a group of counties applies for the grant, then the agreement must be signed by the Chairman of the Board of County Commissioners of each county.  Any variation from, including termination of, the original signed agreement must be approved by both the Office of State Budget and Management and by a vote of the Board of County Commissioners of the county or counties.
When the county or group of counties receives a grant under this section, the county or group of counties accepts ownership of the satellite jail/work release unit and full financial responsibility for maintaining and operating the unit, and for the upkeep of its occupants who comply with the eligibility criteria in G.S. 153A-230.3(a)(1)."
Sec. 3.  G.S. 153A-230.3 reads as rewritten:
"(a)	Eligibility for Unit. – The following rules shall govern which misdemeanants are housed in a satellite jail/work release unit:
(1)	Any convicted misdemeanant who:
a.	Receives an active sentence in the county or group of counties operating the unit,
b.	Is employed in the area or can otherwise earn his keep by working at the unit on maintenance and other jobs related to upkeep and operation of the unit or by assignment to community service work, and
c.	Consents to placement in the unit under these conditions, shall not be sent to the State prison system except by written findings of the sentencing judge that the misdemeanant is violent or otherwise a threat to the public and therefore unsuitable for confinement in the unit.
(2)	The County shall offer work release programs to both male and female misdemeanants, through local facilities for both, or through a contractual agreement with another entity for either, provided that such arrangement is in reasonable proximity to the misdemeanant's workplace.
(3)	The sentencing judge shall make a finding of fact as to whether the misdemeanant is qualified for occupancy in the unit pursuant to G.S. 15A-1352(a). If the sentencing judge determines that the misdemeanant is either (i) qualified for occupancy in the unit and the misdemeanant meets the requirements of subdivision (1), or (ii) if the custodian of the local confinement facility certifies in writing that the local confinement facility is filled to capacity, or that the facility cannot reasonably accommodate any more prisoners due to segregation requirements for particular prisoners, or that the custodian anticipates, in light of local experiences, an influx of temporary prisoners at that time, or if the local confinement facility does not meet the minimum standards published pursuant to G.S. 153A-221, and the judge determines that the misdemeanant is not violent or otherwise a threat to the public and therefore unsuitable for confinement in the unit, then the judge may order the misdemeanant to be placed in the unit.  If at any time either prior to or after placement of an inmate into the unit the Sheriff determines that there is an indication of violence, unsuitable behavior, or other threat to the public that could make the prisoner unsuitable for the unit, the Sheriff may hold the prisoner in the county jail while petitioning the court for a final decision regarding placement of the prisoner. 
(4)	The Sheriff may accept work release misdemeanants from other counties provided that those inmates agree to pay for their upkeep, that space is available, and that the Sheriff is willing to accept responsibility for the prisoner after screening.
(5)	The Sheriff may accept work release misdemeanants or felons from the Department of Correction provided that those inmates agree to pay for their upkeep, that space is available, and that the Sheriff is willing to accept responsibility for the prisoner after screening.
(b)	Operation of Satellite Jail/Work Release Unit. – A county or group of counties operating a satellite jail/work release unit shall comply with the following requirements concerning operation of the unit:
(1)	The county shall make every effort to ensure that at least eighty percent (80%) of the unit occupants shall be employed and on work release, and that the remainder shall earn their keep by working at the unit on maintenance and other jobs related to the upkeep and operation of the unit or by assignment to community service work, and that alcohol and drug rehabilitation be available through community resources.
(2)	The county shall require the occupants to give their earnings, less standard payroll deductions required by law and premiums for group health insurance coverage, to the Sheriff.  The county may charge a per day charge from those occupants who are employed or otherwise able to pay from other resources available to the occupants. The per day charge shall be calculated based on the following formula: The charge shall be either the amount that the Department of Correction deducts from a prisoner's work-release earnings to pay for the cost of the prisoner's keep or fifty percent (50%) of the occupant's net weekly income divided by seven, whichever is greater, but in no event may the per day charge exceed an amount that is twice the amount that the Department of Correction pays each local confinement facility for the cost of providing food, clothing, personal items, supervision, and necessary ordinary medical expenses. The per day charge may be adjusted on an individual basis where restitution and/or child support has been ordered, or where the occupant's salary or resources are insufficient to pay the charge.  The county may receive from the Department of Correction the amount paid to local confinement facilities under G.S. 148-32.1 for prisoners which have been sentenced to the unit under G.S. 153A-230.3(a)(3)(ii).
		The county also shall accumulate a reasonable sum from the earnings of the occupant to be returned to him when he is released from the unit.  The county also shall follow the guidelines established for the Department of Correction in G.S. 148-33.1(f) for determining the amount and order of disbursements from the occupant's earnings.
(3)	Any and all proceeds from daily fees shall belong to the county's General Fund to aid in offsetting the operation and maintenance of the satellite unit.
(4)	The unit shall be operated on a full-time basis, i.e., seven days/nights a week, but weekend leave may be granted by the Sheriff.  In granting weekend leave, the Sheriff shall follow the policies and procedures of the Department of Correction for granting weekend leave for Level 3 minimum custody inmates.
(5)	Good time and gain time shall be applied to these county prisoners in the same manner as prescribed in G.S. 15A-1340.7 and G.S. 148-13 for State prisoners.
(6)	The Sheriff shall maintain complete and accurate records on each inmate. These records shall contain the same information as required for State prisoners that are housed in county local confinement facilities.”
Sec. 4.  G.S. 153A-230.5(a) reads as rewritten:
"(a)	If a county is operating a satellite jail/work release unit prior to the enactment of this act, the county may apply to the Office of State Budget and Management for grant funds to recover any verifiable construction or renovation costs for those units and for improvement funds except that the total for reimbursement and improvement shall not exceed seven hundred fifty thousand dollars ($750,000).  Any county accepting such a grant or any other State monies for county satellite jails must agree to all of the basic requirements listed in G.S. 153A-230.2 and G.S. 153A-230.3."
Sec. 5.  This act shall become effective July 1, 1989.