GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1035

Short Title:  Restorative Justice Act.	(Public)
─────────────────────────────────────── 
Sponsors: Representative Michaux.
─────────────────────────────────────── 
Referred to:  Judiciary I.
─────────────────────────────────────── 

April 19, 1993

A BILL TO BE ENTITLED
AN ACT TO PROVIDE A BALANCED STATE CORRECTIONAL SYSTEM THAT WILL BOTH PROTECT THE PUBLIC AND PROVIDE MORE EFFECTIVE AND EQUITABLE CORRECTIONAL PROGRAMMING FOR ALL SENTENCED OFFENDERS.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 15A of the General Statutes is amended by adding a new Article to read:
"ARTICLE 81B.
"Sentencing Options for Persons Convicted of Crimes.
"Part 1.  General Provisions.
"§ 15A-1340.10. Short title.
This Article is the 'Restorative Justice Act of 1993' and may be cited by that name.
"§ 15A-1340.11.  Applicability of sentencing options.
This Article applies to criminal offenses in North Carolina, other than impaired driving under G.S. 20-138.1, that occur on or after January 1, 1994.
"§ 15A-1340.12.  Definitions.
The following definitions apply to this Article:
(1)	Community restitution. – A type of court-ordered restitution made by all community and intermediate sanctions offenders to make amends for the harm they have caused the community.
(2)	Community service work. – Is unpaid labor usually for a public agency or a private, nonprofit organization that is intended to give offenders the opportunity to pay back the community for the harm that was caused when their crimes were committed.
(3)	Individual restitution. – A type of court-ordered restitution made by offenders who have identifiable crime victims.  The amount of restitution paid should be equal to the victim's actual loss, and is designed to make amends for the harm caused by the crime.
(4)	Institutional sanctions. – Also  known as 'prison' is the highest level of correctional programming.
(5)	Public service work. – Is paid labor usually for a public agency or private nonprofit organization that is intended to give indigent offenders the resources to pay their community and individual restitution obligations.
(6)	Restitution Fund. – A fund to be established by the Department of Correction.  Revenue is generated through community restitution payments by offenders.
(7)	Shock incarceration. – A probation violation punishment in which a violator is sent to prison for a period of up to 30 days.
(8)	Split sentence. – A sentence enhancement for intermediate sanctions offenders in which part of the probation term is served in jail.
(9)	TASC (Treatment Alternatives to Street Crime). – A program which serves a bridge between the criminal justice system and the substance abuse treatment community.  Refers offenders with substance abuse problems to appropriate treatment programs.  Also refers to any other similar programs in jurisdictions where there is no TASC program.
(10)	Violations hearing officers. – A position to be established by the Department of Correction.  The officer can recommend increased sanctions for probation violators or can recommend that violators be returned to court for contempt proceedings.
"§ 15A-1340.13.  Purposes of the act.
To assign the responsibility for providing correctional services to all sentenced misdemeanants and felons to the Department of Correction; to require the Department of Correction to develop a balanced correctional system that provides a continuum of offender punishment and treatment options for all sentenced offenders; to develop a State correctional system with four distinct levels of correctional programming; to reserve prison space for dangerous offenders and offenders with extensive prior records and to use prison only as a correctional option of last resort for misdemeanants; to establish a system for planning and funding alternatives to incarceration; to hold offenders accountable for their actions by requiring that they pay community and individual restitution; and, to assist incarcerated offenders to reintegrate into the community after they have served their sentences.
"§ 15A-1340.14.  Responsibility for sentenced offenders.
(a)	The Department of Correction shall provide correctional services to all sentenced misdemeanants and felons except misdemeanants sentenced to county jails under G.S. 20-138.1.
(b)	The Department of Correction shall develop a balanced State correctional system that provides a continuum of offender punishment and treatment options for all sentenced offenders.  The system shall have four distinct levels of correctional programming: community sanctions, intermediate sanctions, institutional sanctions, and community reintegration services.
"§ 15A-1340.15.  Sentencing authority and policy.
The courts in addition to their other authority are authorized to sentence offenders directly to community sanctions and intermediate sanctions, as well as institutional sanctions.
"§ 15A-1340.16.  Establishment of a community sanctions system.
(a)	The Department of Correction shall develop a community sanctions level of correctional programming designed to hold offenders accountable for making restitution to individual crime victims and to the community, and to monitor the activities of misdemeanants and lower-level, nondangerous offenders without extensive prior criminal records.
(b)	The community sanctions level of correctional programming shall have two primary programs: regular probation and fines.
(c)	The regular probation program operated by the Division of Adult Probation and Parole shall have two co-equal purposes: to hold offenders accountable for making restitution to individual crime victims and the community, and to monitor the activities of offenders to ensure compliance with all court-ordered sentence conditions.
(d)	All offenders sentenced to regular probation shall be required to pay community restitution unless the court determines that compliance is not possible due to physical or mental limitations of the offender.  The amount of restitution is to be determined by the court.
(e)	All offenders sentenced to regular probation who have identifiable crime victims shall also be required to pay individual restitution unless the court determines that compliance is not possible due to physical or mental limitations of the offender.  The amount of restitution is to be determined by the court and should be based on the victim's actual loss.
(f)	In addition to community and individual restitution, the court shall continue to have the authority to require offenders sentenced to regular probation to perform community service work.
(g)	Offenders sentenced to regular probation shall pay their community and individual restitution to the Department of Correction.  The Department shall within 10 working days transmit all individual restitution collected to the appropriate crime victim.  The Department of Correction shall deposit all community restitution collected into the Restitution Fund established for this purpose.
(h)	The Department of Correction may hire indigent offenders sentenced to regular probation, who owe community and individual restitution, to do public service work.  As these offenders accumulate public service work hours the Department is authorized to pay off their community and individual restitution obligations out of the Restitution Fund at a rate at least equal to the federal minimum wage.
(i)	The Department of Correction may use any excess funds that accumulate in the Restitution Fund in the following ways:
(1)	To fund a restitution accounting, billing, and collections system;
(2)	To fund supervisors for community service and public service work programs;
(3)	To fund the costs of delinquent restitution collections activities; and
(4)	To fund additional regular probation officers and intensive probation supervision officers.
(j)	The Department of Correction shall develop a comprehensive restitution billing and collections system.  The Department is authorized to engage a private sector contractor to assist in carrying out this responsibility.
(k)	The Attorney General shall establish a Special Restitution Collections Unit which is authorized to initiate civil actions on behalf of the State and individual crime victims when restitution obligations have not been paid.
(l)	Case loads for regular probation officers shall not exceed a range of 75 to 90 offenders per officer on or after July 1, 1995.  The Secretary of the Department of Correction shall have the responsibility to notify the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives at such time that the average case load of regular probation officers exceeds an offender to probation officer ratio of 90 to 1.
(m)	The court may sentence community sanctions offenders to regular probation terms of not less than six months nor more than 18 months for misdemeanants, and not less than 12 months nor more than 30 months for felons.  The Division of Adult Probation and Parole may administratively reduce the terms of regular probationers by up to six months if restitution obligations have been met and if no court-ordered sentence conditions have been violated.
(n)	The Division of Adult Probation and Parole may administratively increase the intensity of supervision for regular probation offenders who violate the court-ordered conditions of their sentence.  This increase in supervision may include:
(1)	Requiring the violator to perform up to 50 hours of community service;
(2)	Requiring the violator to report to his or her probation officer up to three times per week; or
(3)	Requiring the violator to submit to TASC monitoring or TASC treatment recommendations.
(o)	If a regular probation offender continues to violate the court-ordered conditions of his sentence after the Division of Adult Probation and Parole has administratively increased the intensity of the offender's supervision, the Division may refer the offender to a Department of Correction violations hearing officer for hearing.  The violations hearing officer may determine whether the violator should be returned to the court to be resentenced to the intermediate sanctions level of correctional programming or whether the violator should be kept in regular probation at an even higher level of supervision.  This increased level of supervision may include:
(1)	Requiring the violator to perform up to 100 hours of community service;
(2)	Requiring the violator to submit to TASC monitoring or TASC treatment recommendations; or
(3)	Requiring the violator to report to his probation officer up to five times per week.
(p)	All community sanctions offenders who do not receive regular probation sentences are required to pay community restitution in addition to any fine ordered by the court.  The amount of community restitution shall be determined by the court, but shall in no case be less than one hundred dollars ($100.00).  All community restitution from this source shall be paid to the clerk of the court.  The clerk shall deposit these funds in the Intermediate Sanctions Program Development Fund to be established and administered by the Intermediate Sanctions Commission.
"§ 15A-1340.17.  Establishment of an intermediate sanctions system.
(a)	The Department of Correction shall establish an intermediate sanctions level of correctional programming designed to closely monitor the activities of misdemeanants and lower-level, nondangerous felons with moderate prior criminal records and mid-level, nondangerous felons with short prior criminal records.  Intermediate sanctions shall also be designed to hold these offenders accountable for making restitution to individual crime victims and to the community and to provide offenders with effective rehabilitative programs.
(b)	The intermediate sanctions level of correctional programming shall have a single primary program: intensive probation supervision.  However, the court shall have the option of requiring offenders sentenced to intensive probation supervision to also participate in a variety of sentence enhancements aimed at rehabilitating offenders and correcting some of the deficiencies that contributed to their inclination to commit crimes.
(c)	All intermediate sanctions offenders shall be sentenced to intensive probation supervision.  The intensive probation supervision program operated by the Division of Adult Probation and Parole shall have three purposes: to monitor the activities of offenders to ensure compliance with all court-ordered sentence conditions, to effectively rehabilitate offenders by providing specialized treatment enhancement programs, and to hold offenders accountable for their crimes by making restitution to individual crime victims and to the community.
(d)	All offenders sentenced to intensive probation supervision shall be required to pay community restitution unless the court determines that compliance is not possible due to physical or mental limitations of the offender.  The amount of restitution is to be determined by the court.
(e)	All offenders sentenced to intensive probation supervision who have identifiable crime victims shall also be required to pay individual restitution unless the court determines that compliance is not possible due to physical or mental limitations of the offender.  The amount of restitution is to be determined by the court and should be based on the victim's actual loss.
(f)	In addition to community and individual restitution, the court shall continue to have the authority to require offenders sentenced to intensive probation supervision to perform community service work.
(g)	Offenders sentenced to intensive probation supervision shall pay their community and individual restitution to the Department of Correction.  The Department shall within 10 working days transmit all individual restitution collected to the appropriate crime victim.  The Department of Correction shall deposit all community restitution collected into the Restitution Fund.
(h)	The Department of Correction may hire indigent offenders sentenced to intensive probation supervision to do public service work.  As these offenders accumulate public service work hours, the Department may pay off their community and individual restitution obligations out of the Restitution Fund at a rate at least equal to the federal minimum wage.
(i)	The provisions of G.S. 15A-1340.16(i), (j), and (k) above shall apply to this section.
(j)	The Division of Adult Probation and Parole shall initially place all offenders sentenced to intensive probation supervision in case loads that do not exceed an offender to probation officer ratio 25 to 2.  All offenders sentenced to intensive probation supervision shall serve no less than 30 days nor more than 180 days at this level of intensive probation supervision.
(k)	The Division of Adult Probation and Parole may transfer offenders sentenced to intensive probation supervision who have served at least 30 days in a case load with an offender to probation officer ratio of at least 25 to 2 to case loads that do not exceed an offender to probation officer ratio of 100 to 2 for the remainder of their sentences.
(l)	The Division of Adult Probation and Parole may place offenders sentenced to intensive probation supervision who are actively participating in a supervised intermediate sanctions sentence enhancement program in administrative case loads that have no required offender to probation officer ratio limitations.
(m)	The courts may sentence intermediate sanctions offenders to intensive probation supervision terms of not less than 12 months nor more than 24 months for misdemeanants and not less than 18 months nor more than 36 months for felons.  The Division of Adult Probation and Parole may administratively reduce the terms of intensive probation supervision offenders by as much as six months if restitution obligations have been met and if no court-ordered sentence conditions have been violated.
(n)	In addition to sentencing intermediate sanctions offenders to intensive probation supervision and requiring them to pay community and individual restitution, the court may require intermediate sanctions offenders to participate in any offender punishment or rehabilitation program recommended by a Community Penalties Program or in one of the following activities:
(1)	A mental health, substance abuse, or any other correctional treatment program provided by a State or local governmental agency or by a private-sector human services provider;
(2)	An educational or vocational skills development program provided by a State or local governmental agency or by a private-sector human services provider;
(3)	Up to three months of electronic house arrest supervised by the Division of Adult Probation and Parole;
(4)	Up to three months of the correctional boot camp or IMPACT program provided by the Department of Correction; or
(5)	Up to one month of a county jail split-sentence program, where it is available.
(o)	The Department of Correction may contract with county jails that have excess bed space, and which meet commonly accepted minimum standards for correctional facilities, to house intermediate sanctions offenders who are required by the court to participate in a county jail split-sentence program.  The split-sentence enhancement option shall be available only in those jurisdictions that have a split-sentence contract with the Department of Correction.  The split-sentence option shall be used only for intermediate sanctions offenders and no offender shall be required to serve more than 30 days in a county jail.
(p)	The Administrative Office of the Courts may expand the Community Penalties Program to all judicial districts and to increase the resources available to Community Penalties Programs so that individualized intermediate sanctions sentencing plans can be prepared for the court for all intermediate sanctions offenders.
(r)	The Division of Adult Probation and Parole may administratively increase the intensity of supervision for intermediate sanctions offenders who violate the court-ordered conditions of their intensive probation supervision sentences.  This increase in supervision may include:
(1)	Requiring the violator to perform up to 50 hours of community service;
(2)	Requiring the violator to submit to electronic house arrest;
(3)	Requiring the violator to submit to TASC monitoring or TASC treatment recommendations; or
(4)	Requiring the violator to participate in an educational or vocational skills development program until a specified level of achievement is reached.
(s)	If an intermediate sanctions offender continues to violate the court-ordered conditions of his intensive supervision probation sentence after the Division of Adult Probation and Parole has administratively increased the intensity of the offender's supervision, the Division may refer the offender to a Department of Correction violations hearing officer for hearing.  The violations hearing officer may determine whether the violator should be returned to court for a contempt of court hearing, or whether the violator should be required to participate in the Department of Correction's Shock Incarceration Program or whether the violator should be returned to his intensive probation supervision case load with no further action taken.
(t)	Department of Correction violations hearing officers may order intensive probation supervision offenders who have repeatedly violated the court-ordered conditions of their sentences to serve up to 30 days of Shock Incarceration in a Department of Correction institution.  The Department of Correction may use up to 1,000 prison beds at any given time for the Shock Incarceration Program.
(u)	The court may sentence intensive probation supervision offenders who have violated the court-ordered conditions of their sentences to up to 180 days of incarceration in a Department of Correction institution for contempt of court.  Time served for contempt of court shall not count toward satisfying the original intensive probation supervision sentence.  The Department of Correction may use up to 4,000 prison beds at any given time for offenders sentenced to prison for contempt of court for intensive probation supervision violations.
"§ 15A-1340.18.  Establishment of an intermediate sanctions sentence enhancement planning and funding system.
(a)	The Intermediate Sanctions Commission is established to oversee the development of a statewide Intermediate Sanctions Enhancement Plan and to allocate financial resources for the development and implementation of intermediate sanctions enhancement programs across the State.  The Commission shall be an independent State governmental agency.
(b)	The Intermediate Sanctions Commission shall consist of 21 members, each of whom should have knowledge and interest in providing effective treatment for offenders in noninstitutional settings.  Membership on the Commission shall be composed of representatives of the private sector, State government, local government, and community interests, and shall include at least one representative from each of the following interests: law enforcement officers, correctional service providers, substance abuse treatment providers, mental health treatment providers, district attorneys, public defenders, trial court judges, ex-offenders, trial lawyers, Community Penalties Program administrators, TASC program administrators, elected officials, and interested citizens.
(c)	The membership of the Intermediate Sanctions Commission shall be appointed by the Governor in consultation with the President Pro Tempore of the Senate and the Speaker of the House of Representatives.  The Governor shall select the chairman.
In appointing the members of the Commission, the Governor shall make every effort to ensure fair geographic representation and further ensure that minorities and women are fairly represented.
(d)	The initial membership of the Intermediate Sanctions Commission shall be appointed to staggered terms with one-third of the members being appointed for a term of one year, one-third of the members being appointed for a term of two years, and one-third of the members being appointed for a term of three years.  The Governor shall determine the duration of each appointee's initial term.  Membership on the Commission after the initial appointments have been made shall be for terms of three years.
(e)	The Governor may remove a member from the Commission before the end of his term for misfeasance, malfeasance, or nonfeasance in office.
(f)	The Commission shall meet at the call of the chair, but not less than quarterly.  For purposes of transacting business, a majority of the Commission's membership shall constitute a quorum.
(g)	The members of the Commission shall serve without compensation but shall be reimbursed for necessary travel and subsistence expenses.
(h)	The Intermediate Sanctions Commission shall prepare a Comprehensive Intermediate Sanctions Plan biannually for the State which shall do the following:
(1)	Estimate the number of felons and misdemeanants eligible for intermediate sanctions during the coming two years in each judicial district;
(2)	Identify the types of intermediate sanctions program enhancements and the number of treatment slots needed to adequately provide programming to offenders in each judicial district;
(3)	Estimate the cost of enhancement program slots needed in each judicial district; and
(4)	Present an equitable formula and procedure for distributing grant money made available to the Commission.
(i)	The Intermediate Sanctions Commission shall make every effort to involve local units of government, local communities, local Community Penalties Programs, local TASC programs, and local public and private sector correctional service providers in the biannual Comprehensive Intermediate Sanctions Plan development process.  Counties or groups of counties are authorized to form local Intermediate Sanctions Advisory Committees to participate in the Plan development process.  Each local Intermediate Sanctions Advisory Committee shall consist of 11 members with at least one representative from each of the following interests:  law enforcement officers, elected officials, correctional service providers, Community Penalties Program administrators, TASC program administrators, trial court judges, ex-offenders, victim rights advocates, public defenders, and district attorneys.  In the alternative, counties or groups of counties may designate an existing Community Penalties Program Board to serve as the local Intermediate Sanctions Advisory Committee.
(j)	All recommendations developed by local Intermediate Sanctions Advisory Committees shall be submitted to the appointing county government or county governments for review and comment before they are submitted to the Intermediate Sanctions Commission.
(k)	In the event that a county chooses not to form a local Intermediate Sanctions Advisory Committee, the Intermediate Sanctions Commission is authorized to work directly with local interests in that jurisdiction in the Plan development process.
(l)	The Intermediate Sanctions Commission may make grants to State agencies, local agencies, or private nonprofit organizations to develop or expand intermediate sanctions enhancement programs that are compatible with the State's Intermediate Sanctions Enhancement Plan.  The Commission's program implementation funding shall come from two sources:
(1)	The Intermediate Sanctions Program Development Fund which shall consist of revenues generated from community restitution paid by community sanctions offenders who are not sentenced to regular probation; and
(2)	A block grant appropriation from the General Assembly designated for the development and expansion of intermediate sanctions enhancement programs.
The Intermediate Sanctions Commission shall, to the extent possible, allocate the revenues in the Intermediate Sanctions Program Development Fund on a pro rata basis back to enhancement programs that will serve the judicial districts that generated the revenue.  The Intermediate Sanctions Commission shall allocate the revenues from the General Assembly's block grant appropriations in a manner that is consistent with the strategies described in the Comprehensive Intermediate Sanctions Plan.
(m)	The Intermediate Sanctions Commission may develop rules and regulations relating to the Comprehensive Intermediate Sanctions Enhancement Plan development process and to the grant application and approval process.  The Commission shall keep appropriate financial and program records and report annually to the Governor and General Assembly regarding the progress made toward developing a statewide system of intermediate sanctions enhancement programs.  The Commission shall evaluate and audit all programs funded to determine their effectiveness and if funding should be continued in the future.
(n)	The Department of Correction's strategic planning section shall provide professional staff support to the Intermediate Sanctions Commission.  In addition to providing staff support to the Intermediate Sanctions Commission, the strategic planning section shall be assigned the following responsibilities:
(1)	To prepare long-range plans for improving State correctional services;
(2)	To monitor the utilization of correctional resources at all levels of correctional programming; and
(3)	To evaluate the effectiveness of all treatment programs serving offenders.
(o)	The General Assembly shall appropriate a block of funds to the Intermediate Sanctions Commission for the purpose of establishing at least five pilot intermediate sanctions sentence enhancement programs across the State during the 1993-94 fiscal year.  Thereafter, the General Assembly shall appropriate a block of funds annually to the Intermediate Sanctions Commission for the purpose of developing and implementing the statewide system of intermediate sanctions enhancement programs.
"§ 15A-1340.19.  Purposes of the institutional sanctions.
The Department of Correction shall continue to operate the institutional sanctions level of correctional programming.  The two primary purposes of the Division of Prison's institutional sanctions level of correctional programming shall be to protect the public against dangerous and habitual offenders and to provide offenders with the opportunity to participate in quality treatment, educational, and vocational programs that are designed to rehabilitate.
"§ 15A-1340.20.  Development of a master plan for institutional treatment, educational, and vocational programs.
(a)	The Department of Correction shall develop a master plan for institutional treatment, educational, and vocational programs.  The master plan, at minimum, shall identify the deficiencies that exist among institutional sanctions offenders in the areas of literacy, basic education, higher education, moral development, vocational training, mental health, and substance abuse control, and shall establish offender rehabilitation goals in each of these areas.  The master plan shall also identify the types of treatment and educational programs required to meet the goals developed and the relative priority of each type of program.
(b)	The Secretary of Correction shall appoint an interdisciplinary advisory group composed of representatives of public and private agencies involved in offender treatment and education to assist the Department of Correction in the development of the master plan for institutional treatment, educational, and vocational programs.
(c)	The Department of Correction may award incarcerated offenders Merit-Based Good Time Credits for participating in and successfully completing certified institutional rehabilitation programs that meet the goals set forth in the master plan.
(d)	The Department of Correction may establish a process for certifying rehabilitation programs conducted in Department of Correction correctional facilities.  The certification process should review the relevance of the treatment and education programs offered to the offender rehabilitation process and evaluate the quality of each program.  The process should lead to the development of an objective set of criteria for program certification and should lead to the certification of programs that meet the criteria.
(e)	The Department of Correction may develop a schedule of Merit-Based Good Time Credits to be awarded to incarcerated offenders for participating in and successfully completing certified rehabilitation programs.  The schedule shall be submitted to the General Assembly for review and approval.
"§ 15A-1340.21.  Community reintegration services.
(a)	The community reintegration level of correctional programs is intended to assist incarcerated offenders to reintegrate into the community after they have served their sentences.  The purpose of community reintegration services is to increase the likelihood that offenders released from prison will remain crime-free after their release.
(b)	The Department of Correction shall develop a comprehensive life-skills training program for all incarcerated offenders who are within one year of their earliest release date.
(c)	The Department of Correction may place incarcerated offenders who are within one year of their earliest release dates in half-way houses or community-based substance abuse treatment facilities.  The Department may contract with public or private sector service providers to provide prerelease services to the offenders selected for the program.  The Department of Correction shall be responsible for monitoring both the quality of the community-based program involved and the progress of offenders participating in the program.  Offenders who fail to abide by the rules of the community-based programs to which they are assigned shall be reincarcerated for the remainder of their sentences.
(d)	Notwithstanding any other provisions of law, the Parole Commission may parole incarcerated offenders who are within one year of their earliest release dates to an intensive parole supervision program designed to assist offenders in their transition from prison back into the community and ensure that all conditions of release required by the Parole Commission are followed.  Intensive parole supervision caseloads for this program shall not exceed an offender to parole officer ratio of 60 to 1.
(e)	The Department of Correction may establish a network of ex-offender assistance centers across the State.  The purpose of these centers shall be to assess the needs of ex-offenders and to point them to existing mental health, substance abuse, religious, educational, and job placement organizations where services can be obtained.  The Department may contract with private service providers to operate ex-offender assistance centers.
"§ 15A-1340.22.  Pretrial diversion services.
(a)	The Department of Correction may provide funding to county jails for pilot programs designed to screen pretrial detainees within 48 hours of their arrest for potential mental health problems and to divert those found to have serious mental health problems into existing community-based mental health treatment programs in lieu of prosecution.
(b)	The Department of Human Resources, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services may expand the TASC program so that pretrial detainees held in county jails can be screened for substance abuse problems and diverted into substance abuse rehabilitation programs in lieu of prosecution.
"§ 15A-1340.23.  North Carolina Sentencing and Policy Advisory Commission.
The North Carolina Sentencing and Policy Advisory Commission is established as a permanent, independent State agency to advise the General Assembly on sentencing matters."
Sec. 2.  G.S. 15A-1341(c) is repealed.
Sec. 3.  G.S. 7A-771(5) reads as rewritten:
"(5)	'Targeted offenders' means any person convicted of a misdemeanor or felony who is eligible for intermediate sanctions or who is being considered by the court as a candidate for intermediate sanctions."
Sec. 4. (a)	There is appropriated from the General Fund to the Department of Correction the sum of twenty million two hundred thousand dollars ($20,200,000) for the 1993-94 fiscal year to support the following reform initiatives:
(1)	$500,000 for the establishment of a restitution accounting system;
(2)	$3,900,000 for the expansion of the regular probation system;
(3)	$300,000 for the establishment of a violations hearings officer system;
(4)	$4,200,000 for expansion of the intensive probation supervision system;
(5)	$100,000 for the establishment of an Intermediate Sanctions Commission;
(6)	$300,000 for the expansion of the strategic planning unit;
(7)	$7,400,000 for the establishment of an intermediate sanctions enhancement pilot program;
(8)	$3,000,000 for the expansion of the structured prerelease system for incarcerated offenders;
(9)	$300,000 for the establishment of a life-skills training program; and
(10)	$200,000 for the establishment of a pilot mental health diversion system.
(b)	There is appropriated from the General Fund to the Department of Justice the sum of three hundred thousand dollars ($300,000) for the 1993-94 fiscal year to support the establishment of a delinquent restitution collection unit.
(c)	There is appropriated from the General Fund to the Administrative Office of the Courts the sum of one million five hundred thousand dollars ($1,500,000) for the 1993-94 fiscal year for the expansion of the Community Penalties Program.
(d)	There is appropriated from the General Fund to the Department of Human Resources, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services the sum of three million dollars ($3,000,000) for the 1993-94 fiscal year to be used to expand the existing Treatment Alternatives to Street Crimes (TASC) program so that detainees with substance abuse problems held in county jails can be diverted to drug and alcohol treatment in lieu of prosecution.
Sec. 5.  Section 4 of this act becomes effective July 1, 1993, and the remainder of this act becomes effective January 1, 1994.