GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 301*

Short Title:  GPAC/Consolidate Comm. Corrections.	(Public)
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Sponsors: (by request) Representatives Hensley, Blue, Barnes, Diamont, Hackney, H. Hunter, G. Miller, Nesbitt, and Robinson.
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Referred to:  Appropriations.

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February 25, 1993

A BILL TO BE ENTITLED
AN ACT TO IMPLEMENT A RECOMMENDATION OF THE GOVERNMENT PERFORMANCE AUDIT COMMITTEE TO CONSOLIDATE NORTH CAROLINA'S COMMUNITY CORRECTIONS PROGRAMS.
The General Assembly of North Carolina enacts:
Section 1.  The General Assembly finds that community corrections programs in North Carolina suffer from program fragmentation and redundant administrations.  In order to make more effective use of existing resources, to improve service delivery, and to provide uniform management of community corrections programs, the administration of those programs should be consolidated under 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, Division of Victim and Justice Services, to conduct the Community Service Work Program, are transferred to the Department of Correction, Division of Adult Probation and Parole. 
Sec. 3.  The Department of Correction shall eliminate the separate administrative structures of the Division of Adult Probation and Parole and the Community Service Work Program, and shall consolidate the planning, coordination, and management of all community corrections programs under a single administrative structure using regional offices.  The Department shall establish court intake positions to reduce court intake fragmentation among the community corrections programs consolidated pursuant to this act.
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.  This act becomes effective July 1, 1993.