GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 1115

Short Title:  Create Div. Of Adult Services.	(Public)
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Sponsors: Representative H. Hunter.
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Referred to:  Appropriations.
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April 24, 1991

A BILL TO BE ENTITLED
AN ACT TO CREATE A DIVISION OF ADULT SERVICES IN THE DEPARTMENT OF CORRECTION AND TO TRANSFER CERTAIN PROGRAMS TO THE NEW DIVISION FROM THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY AND THE DEPARTMENT OF HUMAN RESOURCES.
The General Assembly of North Carolina enacts:
Section 1.   The statutory authority, powers, duties, and functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and purchasing, of the Department of Crime Control and Public Safety to conduct the deferred prosecution, community service restitution, and volunteer program for youthful and adult offenders, as provided by G.S. 143B-475.1, is transferred to the Department of Correction.
Sec. 2.   The statutory authority, powers, duties, and functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and purchasing, of the Department of Crime Control and Public Safety to conduct the community service alternative punishment program, as provided by G.S. 20-179.4, is transferred to the Department of Correction.
Sec. 3.   The statutory authority, powers, duties, and functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and purchasing, of the Department of Human Resources to operate the alcohol and drug education traffic school (ADETS) programs established in G.S. 20-179.2, the drug education schools (DES), and the treatment alternative to street crime (TASC) programs, is transferred to the Department of Correction.
Sec. 4.  G.S. 20-179.4 reads as rewritten:
"§ 20-179.4. Community service alternative punishment;  responsibilities of the Department of Correction; fee.
(a)	The Department of Correction must conduct a community service alternative punishment program for persons sentenced under G.S. 20-179(i), (j) or (k).
	(b) The Secretary of Correction must assign at least one coordinator to each district court district as defined in G.S. 7A-133 to assure and report to the court the person's compliance with the community service sentence. The appointment of each coordinator shall be made in consultation with and is subject to the approval of the chief district court judge in the district to which the coordinator is assigned. Each county must provide office space in the courthouse or other convenient place, necessary equipment, and secretarial service for the use of each coordinator assigned to that county.
(c)	A fee of one hundred dollars ($100.00) must be paid by all persons serving a community service sentence. That fee must be paid to the clerk of court in the county in which the person is convicted. The fee must be paid in full within two weeks unless the court, upon a showing of hardship by the person, allows him additional time to pay the fee. The person may not be required to pay the fee before he begins the community service unless the court specifically orders that he do so. If the person is also ordered to attend an Alcohol and Drug Education Traffic School established pursuant to G.S. 20-179.2, the fee for supervision of community service punishment is fifty dollars ($50.00).
(d)	Fees collected under this section must be deposited in the general fund.
(e)	The coordinator must report to the court in which the community service was ordered a significant violation of the terms of the probation judgment related to community service. In such cases, the court must conduct a hearing to determine if there is a willful failure to comply. If the court determines there is a willful failure to pay the prescribed fee or to complete the work as ordered by the coordinator within the applicable time limits, the court must revoke any limited driving privilege issued in the impaired driving case, and in addition may take any further action authorized by Article 82 of General Statutes Chapter 15A for violation of a condition of probation."
Sec. 5.  G.S. 143B-475.1 is recodified as G.S. 143B-264.2.  The Revisor of Statutes shall change any references to "Crime Control and Public Safety" to "Correction".
Sec. 6. G.S. 20-179.2 is amended by adding a new subsection to read:
"( g)	This section expires December 31, 1991."
Sec. 7.  Article 3 of Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20-179.2A. Alcohol and drug education traffic school programs; guidelines and implementation by Department of Correction; fees.
(a)	The Department of Correction shall establish standards and guidelines  for the curriculum and operation of local alcohol and drug education traffic school programs. The Department shall oversee the development of a statewide system of schools and shall insure that schools are available in all localities of the State as soon as is practicable.
(b)	A fee of one hundred dollars ($100.00) shall be paid by all persons enrolling in an alcohol and drug education traffic school program established pursuant to this section. That fee must be paid to an official designated for that purpose and at a time and place specified by the Department of Correction.  The fee must be paid in full within two weeks from the date school attendance is ordered as a condition of probation, unless the court, upon a showing of hardship by the person, allows the person additional time to pay the fee. If the person enrolling in the school demonstrates to the satisfaction of the court that ordered him to enroll in the school that he is unable to pay and his inability to pay is not willful, the court may excuse him from paying the fee.
(c)	The Department of Correction may subcontract with public and private governmental and nongovernmental bodies for the delivery of alcohol and drug education traffic school program services required by this section.
(d)	Fees collected under this section by the Department of Correction shall be placed in a nonreverting fund. That fund must be used, as necessary, for the operation, evaluation, and administration of alcohol and drug education traffic school programs; excess funds may only be used to fund other drug or alcohol programs. Fees received by the Department as required by this section may only be used in supporting, evaluating, and administering alcohol and drug education traffic schools, and any excess funds will revert to the General Fund.
(e)	No fees collected by the Department of Correction under the authority of this section shall be used in any manner to match other State funds or to be included in any computation for State formula-funded allocations.
(f)	Standards and guidelines established pursuant to former G.S. 20-179.2 not inconsistent with the provisions of this section shall remain in effect until amended or repealed by the Department of Correction.
(g)	This section becomes effective January 1, 1992."
Sec. 8. G.S. 143B-264 reads as rewritten:
"§ 143B-264. Department of Correction – organization.
The Department of Correction shall be organized initially to include the Parole Commission, the Board of Correction, the Division of Prisons, the Division of Youth Development, the Division of Adult Probation and Parole, and such other divisions as may be established under the provisions of the Executive Organization Act of 1973.
Effective January 1, 1992, the Department of Correction shall establish a Division of Adult Services, as described in G.S. 143B-264.  Effective January 1, 1992, the Division of Adult Probation and Parole shall become the Division of Adult Parole.
The Department shall establish a Substance Abuse Program.  All substance abuse programs established or in existence shall be administered by the Department of Correction under the Substance Abuse Program."
Sec. 9.  Article 6 of Chapter 143B is amended by adding a new section to read:
"§ 143B-264.1. Department of Correction – Division of Adult Services.
The Division of Adult Services shall:
(1)	Operate the alcohol and drug education traffic school (ADETS), the drug education school (DES), and the treatment alternative to street crime (TASC) programs;
(2)	Supervise probationers;
(3)	Operate the community service alternative punishment program established in G.S. 20-179.4;
(4)	Operate the deferred prosecution, community service restitution, and volunteer program established in G.S. 143B-264.2;
(5)	Operate the intensive probation and parole program established in G.S. 143B-262(c);
(6)	Operate the electronic house arrest program;
(7)	Monitor courtrooms for the purpose of recording data regarding offenders assigned to the programs within the Division."
Sec. 10.  G.S. 143B-262(c) reads as rewritten:
"(c)	The Department shall establish within the Division of Adult Services a program of Intensive Probation and Parole.  This program shall provide intensive supervision for probationers and parolees who require close supervision in order to remain in the community pursuant to a community penalties plan, community work plan, community restitution plan, or other plan of rehabilitation.  The intensive probation and parole program shall be available to both felons and misdemeanants."
Sec. 11.  G.S. 115D-5(b) reads as rewritten:
"(b)	In order to make instruction as accessible as possible to all citizens, the teaching of curricular courses and of noncurricular extension courses at convenient locations away from institution campuses as well as on campuses is authorized and shall be encouraged.  A pro rata portion of the established regular tuition rate charged a full-time student shall be charged a part-time student taking any curriculum course.  In lieu of any tuition charge, the State Board of Community Colleges shall establish a uniform registration fee, or a schedule of uniform registration fees, to be charged students enrolling in extension courses for which instruction is financed primarily from State funds; provided, however, that the State Board of Community Colleges may provide by general and uniform regulations for waiver of tuition and registration fees for persons not enrolled in elementary or secondary schools taking courses leading to a high school diploma or equivalent certificate, for training courses for volunteer firemen, local fire department personnel, volunteer rescue and lifesaving department personnel, local rescue and lifesaving department personnel, Radio Emergency Associated Citizens Team (REACT) members when the REACT team is under contract to a county as an emergency response agency, local law-enforcement officers, patients in State alcoholic rehabilitation centers, all full-time custodial employees of the Department of Correction, employees of the Department's Divisions of Adult Parole and Adult Services and employees of the Division of Youth Services of the Department of Human Resources required to be certified pursuant to Chapter 17C of the General Statutes and the rules of the Criminal Justice and Training Standards Commission, trainees enrolled in courses conducted under the New and Expanding Industry Program, clients of sheltered workshops, clients of adult developmental activity programs, students in Human Resources Development Programs, juveniles of any age committed to the Division of Youth Services of the Department of Human Resources by a court of competent jurisdiction, and prison inmates.  Provided further, tuition shall be waived for senior citizens attending institutions operating pursuant to this Chapter as set forth in Chapter 115B of the General Statutes, Tuition Waiver for Senior Citizens."
Sec. 12.  This act becomes effective January 1, 1992.