GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

H	3 

HOUSE BILL 39
Committee Substitute Favorable 2/21/94
Committee Substitute #2 Favorable 3/18/94

Short Title:  Omnibus 1994 Anti-Crime Act.	(Public)
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Sponsors:
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Referred to:  
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February 8, 1994

A BILL TO BE ENTITLED
AN ACT TO ADJUST THE APPROPRIATIONS MADE FOR THE 1993-94 FISCAL YEAR AND THE 1994-95 FISCAL YEAR TO CREATE THE BUDGET MODIFICATION ACT OF 1994, TO INCREASE THE PUNISHMENT UNDER STRUCTURED SENTENCING FOR FIRST DEGREE RAPE AND FIRST DEGREE SEXUAL OFFENSE, INCLUDING LIFE WITHOUT PAROLE FOR THE AGGRAVATED RANGE OF PRIOR RECORD LEVELS V AND VI, TO REPEAL THE PROVISIONS IN THE STRUCTURED SENTENCING ACT THAT RESTRICTED THE DEFINITION OF HABITUAL FELON AND LOWERED THE PUNISHMENT FOR AN HABITUAL FELON FROM CLASS C TO CLASS D, TO PROHIBIT THE POSSESSION OF FIREARMS AND WEAPONS OF MASS DEATH AND DESTRUCTION BY FELONS, TO PROVIDE THAT AN ENHANCED SENTENCE SHALL BE IMPOSED ON A PERSON CONVICTED OF A CLASS A THROUGH E FELONY IF THE PERSON USED, DISPLAYED, OR THREATENED TO USE OR DISPLAY A FIREARM DURING THE COMMISSION OF THE FELONY, AND TO PROVIDE THAT A FIREARM USED IN THE COMMISSION OF A FELONY SHALL BE CONFISCATED AND DISPOSED OF AS ORDERED BY THE COURT UNLESS IT CAN BE ESTABLISHED THAT THE FIREARM IS OWNED BY SOMEONE OTHER THAN THE CONVICTED DEFENDANT, TO LOWER THE AGE OF JUVENILES WHO MAY BE TRANSFERRED TO SUPERIOR COURT FROM 14 TO 13 YEARS OF AGE AND TO AUTHORIZE THE JUVENILE CODE COMMITTEE TO STUDY MANDATORY TRANSFER OF JUVENILES TO SUPERIOR COURT FOR SERIOUS FELONY OFFENSES, TO PROVIDE THAT UPON A THIRD CONVICTION OF CERTAIN VIOLENT FELONIES AN OFFENDER IS A VIOLENT HABITUAL FELON AND SHALL BE SENTENCED TO LIFE IMPRISONMENT WITHOUT PAROLE, UNLESS THE OFFENDER IS SENTENCED TO DEATH FOR A CAPITAL OFFENSE.
The General Assembly of North Carolina enacts:

PART 1.  INTRODUCTION

Section 1.  The appropriations made in this act are for maximum amounts necessary to provide the services and accomplish the purposes described in the budget.  Savings shall be effected where the total amounts appropriated are not required to perform these services and accomplish these purposes and, except as allowed by the Executive Budget Act or this act, the savings shall revert to the appropriate fund at the end of each fiscal year.
Sec. 2.  The appropriations made by the 1994 Extra Session of the 1993 General Assembly in this act for capital improvements are for constructing, repairing, or renovating State buildings, utilities, and other capital facilities, for acquiring sites for them where necessary, and for acquiring buildings and land for State government purposes.

PART 2.  TITLE OF ACT

Sec. 3.  This act shall be known and may be cited as "Omnibus Anti-Crime Act of 1994".

PART 3.  GENERAL FUND APPROPRIATIONS

CURRENT OPERATIONS/GENERAL FUND
Sec. 4.  Appropriations from the General Fund of the State for the maintenance of the State departments, institutions, and agencies, for one-time expenditures, and for other purposes as enumerated are made for the biennium ending June 30, 1995, according to the schedule that follows.  The designation "NR" placed after a money amount indicates that that amount is nonrecurring money.
Current Operations - General Fund	1993-94	1994-95

General Assembly
01.	Create a Legislative Study
on Welfare Reform 	$  20,000	NR	$  40,000	NR
Total General Assembly	20,000	40,000

Judicial Department
01.	Structured Sentencing Act
effective July 1, 1994–
a.	Community penalties 	1,788,253
	44,622	NR
b.	Legal and administrative
costs 	186,048	1,663,626
	274,740	NR	489,011	NR
02.	Reserve for "Teen Court"
programs 	75,000
03.	Reserve for court/drug
treatment program	     -   	800,000
Total Judicial Department	460,788	4,860,512

Office of the Governor
Office of State Budget and Management
01.	Study a statewide
Criminal Justice Information
Network (CJIN)  	50,000	NR	     -      
Total Office of the Governor	50,000

Public Education
State Aid to Local School
Administrative Units
01.	Basic Education Program
a. Fund social workers,
psychologists, counselors
in Grades K-8	   -      	25,716,600
02.	Intervention/Prevention 
Grant Program 	      -      	15,000,000
Total Public Education	-      	40,716,600

Department of Justice
01.	Upgrade Automated Fingerprint
Identification System (AFIS)	-     	397,692
	      -     	    3,074,000	NR
Total Department of Justice	-     	3,471,692

Department of Human Resources
Office of the Secretary
01.	Expand Family Preservation
Services Program	 500,000
Division of Mental Health, Developmental
Disabilities, and Substance Abuse Services
01.	Expand the Student Services Program
of the N.C. High School Athletic
Association - Coach Mentor
Training 	-     	534,000
02.	Structured Sentencing Act
effective July 1, 1994–
To provide substance abuse treatment
services to offenders under the
Treatment Alternatives to Street Crime
(TASC) Program	-     	4,620,000
Subtotal - Mental Health	   -     	5,154,000
Division of Youth Services
01.	Operating funds for two additional
Wilderness Camps 	-     	2,566,000
02.	Expand the Governor's One-on-One
Program and increase the funding
for each program 	-     	1,150,000
03.	Staff to operate 147 additional
beds in existing training
schools, including a special
education teacher and a guidance
counselor at each school	-     	7,279,419
04.	Contract for 12 beds at county
detention center	-     	487,360
05.	Community-Based Alternatives
Program 	-     	5,000,000
06.	Comprehensive study of juvenile
justice system	150,000 NR
Subtotal - Youth Services	150,000	16,482,779
Total Department of Human Resources	150,000	 	22,136,779

Department of Correction
01.	Structured Sentencing Act
effective July 1, 1994–	3,834,092	27,346,555
	4,053,445	NR
02.	Operating costs for 208 additional
beds at Piedmont, Lumberton,
Pender, Wayne, and Brown Creek
for a total of 1,040 additional
beds 	-     	13,466,330
	2,033,670	NR
03.	To lease jail space from
local governments 	-     	8,358,000
04.	To provide for out-of-State
housing of inmates 	-     	24,972,000
05.	To contract for 500 beds in
private substance abuse
treatment centers 	-     	5,156,740
	16,260	NR
06.	Use existing space more
efficiently in order to house
500 additional inmates 	-     	1,639,500
07.	Operating costs for a new Drug
and Alcohol Recovery Treatment
(DART) Center 	-     	1,007,436
	-     	192,564	NR
08.	Reserve for the operation of
a new 90-bed boot camp facility
for youthful offenders 	-     	1,124,373
	392,293	NR
09.	Additional operating funds
to bring on line the new
facilities constructed with	-     	18,991,090
$87.5 million prison bonds	-     	8,235,572	NR
10.	Operating costs for new
facilities coming on line–
Eastern Processing Center,
Marion Close Custody Addition, and
consolidation of five units	-     	    546,720
	-     	    125,932	NR
11.	Criminal Justice Partnership
Act effective January 1, 1995–
a. Grants	6,000,000
b. Administration	     -    	500,000
12.	Structured Sentencing Act
-adaptation of Offender Management
Information System	2,200,000 NR	     -      
Total Department of Correction 	2,200,000   	124,158,480

Department of Crime Control and Public Safety
01.	Structured Sentencing Act
effective July 1, 1994–
Community Services 	-     	110,000
02.	Victims Assistance
Network 	-     	150,000
03.	Additional funds to the Crime
Victims Compensation Fund	800,000
	     -     	3,000,000	 NR
Total Department of Crime Control
and Public Safety	-     	4,060,000

GRAND TOTAL CURRENT OPERATIONS -
GENERAL FUND - RECURRING	4,020,140	177,746,694
             NONRECURRING	  2,694,740	    21,697,369
         TOTAL	$6,714,880	$199,444,063

PART 4.  CAPITAL IMPROVEMENTS/GENERAL FUND

Sec. 5.  Appropriations are made from the General Fund for the 1993-94 and 1994-95 fiscal years for use by the State departments, institutions, and agencies to provide for capital improvement projects according to the following schedule:
Capital Improvements - General Fund	1993-94	1994-95

Department of Administration
01.	Construct 208 additional beds
	at Piedmont, Lumberton,
Pender, Wayne, and Brown
Creek for a total of 1,040
additional prison beds 	$ 21,483,914	$     -       
02.	Construct Eastern Processing
Center.  Due to subsurface soil
conditions and wetlands that were
unknown at time of original project cost
estimate, may need up to $3.0 million
more to complete site development for
this unit 	      -    	21,006,000
03.	Construct an addition at
Marion Close Custody Unit	  -    	5,358,900
04.	Consolidation of five prison
units (GPAC Recommendations)	   -    	10,260,500
05.	Construction costs of a new
Drug and Alcohol Recovery
Treatment (DART) Center	1,425,000	    -       
06.	To construct new 90-bed boot
camp facility for youthful
offenders 	  1,100,000	      -        
Total Department of Administration	 24,008,914	 36,625,400

Department of Human Resources
01.	To support construction of
one additional Wilderness
Camp 	  750,000	      -       
02.	To construct two 24-bed
Detention Centers	3,200,000	   -        
Total Department of Human Resources	 3,950,000	    -       

GRAND TOTAL CAPITAL IMPROVEMENTS -
GENERAL FUND	$ 27,958,914	$36,625,400

PART 5.  PROCEDURES FOR DISBURSEMENT

Sec. 6.  The appropriations made by the 1994 Extra Session of the 1993 General Assembly for capital improvements shall be disbursed for the purposes provided by this act.  Expenditure of funds shall not be made by any State department, institution, or agency, until an allotment has been approved by the Governor as Director of the Budget.  The allotment shall be approved only after full compliance with the Executive Budget Act, Article 1 of Chapter 143 of the General Statutes.  Prior to the award of construction contracts for projects to be financed in whole or in part with self-liquidating appropriations, the Director of the Budget shall approve the elements of the method of financing of those projects including the source of funds, interest rate, and liquidation period.  If the Director of the Budget approves the method of financing a project, the Director shall report that action to the Joint Legislative Commission on Governmental Operations at its next meeting.
Where direct capital improvement appropriations include the purpose of furnishing fixed and movable equipment for any project, those funds for equipment shall not be subject to transfer into construction accounts except as authorized by the Director of the Budget.  The expenditure of funds for fixed and movable equipment and furnishings shall be reviewed and approved by the Director of the Budget prior to commitment of funds.
Capital improvement projects authorized by the 1994 Extra Session of the 1993 General Assembly shall be completed, including fixed and movable equipment and furnishings, within the limits of the amounts of the direct or self-liquidating appropriations provided, except as otherwise provided in this act.

PART 6.  GENERAL PROVISIONS

Requested by:  Representatives Nesbitt and Diamont
LIMITATIONS ON DEPARTMENTAL USE OF APPROPRIATIONS
Sec. 7. (a)	Notwithstanding G.S. 143-23(a1), the Director of the Budget shall not approve the expenditure by a department, institution, or other spending agency of more than was appropriated for any object or line item.
Notwithstanding G.S. 143-23(a1), funds appropriated for salaries and wages shall be used only for salaries and wages or for premium pay, overtime pay, longevity, unemployment compensation, workers' compensation, temporary wages, payment of accumulated annual leave, certain awards to employees, tort claims, and employer's security, retirement, and hospitalization payments.
(b)	This section is effective upon ratification and remains in effect through June 30, 1994.

Requested by:  Representatives Nesbitt and Diamont
SPECIAL FUNDS, FEDERAL FUNDS, AND DEPARTMENTAL RECEIPTS/AUTHORIZATION FOR EXPENDITURES
Sec. 8.  There is appropriated out of the cash balances, federal receipts, and departmental receipts available to each department, sufficient amounts to carry on authorized activities included under each department's operations.  All these cash balances, federal receipts, and departmental receipts shall be expended and reported in accordance with provisions of the Executive Budget Act, except as otherwise provided by statute, and shall be expended at the level of service authorized by the General Assembly.  If the receipts, other than gifts and grants that are unanticipated and are for a specific purpose only, collected in a fiscal year by an institution, department, or agency exceed the receipts certified for it in General Fund Codes or Highway Fund Codes, then the Director of the Budget shall decrease the amount he allots to that institution, department, or agency from appropriations from that Fund by the amount of the excess, unless the Director of the Budget finds that the appropriations from the Fund are necessary to maintain the function that generated the receipts at the level anticipated in the certified Budget Codes for that Fund.  Funds that become available from overrealized receipts in General Fund Codes and Highway Fund Codes, other than gifts and grants that are unanticipated and are for a specific purpose only, shall not be used for new permanent employee positions or to raise the salary of existing employees except:
(1)	As provided in G.S. 116-30.1, 116-30.2, 116-30.3, 116-30.4, or 143-27; or
(2)	If the Director of the Budget finds that the new permanent employee positions are necessary to maintain the function that generated the receipts at the level anticipated in the certified budget codes for that Fund.  The Director of the Budget shall notify the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the chairmen of the appropriations committees of the Senate and the House of Representatives, and the Fiscal Research Division of the Legislative Services Office that the Director intends to make such a finding at least 10 days before making the finding.  The notification shall set out the reason the positions are necessary to maintain the function.
The Office of State Budget and Management shall report to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division of the Legislative Services Office within 30 days after the end of each quarter the General Fund Codes or Highway Fund Codes that did not result in a corresponding reduced allotment from appropriations from that Fund.
The Director of the Budget shall develop necessary budget controls, regulations, and systems to ensure that these funds and other State funds subject to the Executive Budget Act, are not spent in a manner that would cause a deficit in expenditures.
Pursuant to G.S. 143-34.2, State departments, agencies, institutions, boards, or commissions may make application for, receive, or disburse any form of non-State aid.  All non-State monies received shall be deposited with the State Treasurer unless otherwise provided by State law.  These funds shall be expended in accordance with the terms and conditions of the fund award that are not contrary to the laws of North Carolina.

Requested by:  Representatives Nesbitt and Diamont
BUDGETING OF PILOT PROGRAMS
Sec. 9. (a)	Any program designated by the General Assembly as experimental, model, or pilot shall be shown as a separate budget item and shall be considered as an expansion item until a succeeding General Assembly reapproves it.
Any new program funded in whole or in part through a special appropriations bill shall be designated as an experimental, model, or pilot program.
(b)	The Governor shall submit to the General Assembly with the proposed budget a report of which items in the proposed budget are subject to the provisions of this section.

Requested by:  Representatives Nesbitt and Diamont
EXPENDITURES OF FUNDS IN RESERVES LIMITED
Sec. 10.  All funds appropriated by this act into reserves may be expended only for the purposes for which the reserves were established.

Requested by:  Representatives Nesbitt and Diamont
STATE MONEY RECIPIENTS/CONFLICT OF INTEREST POLICY
Sec. 11.  Each private, nonprofit entity eligible to receive State funds, either by General Assembly appropriation, or by grant, loan, or other allocation from a State agency, before funds may be disbursed to the entity, shall file with the disbursing agency a notarized copy of that entity's policy addressing conflicts of interest that may arise involving the entity's management employees and the members of its board of directors or other governing body.  The policy shall address situations where any of these individuals may directly or indirectly benefit, except as the entity's employees or members of the board or other governing body, from the entity's disbursing of State funds, and shall include actions to be taken by the entity or the individual, or both, to avoid conflicts of interest and the appearance of impropriety.

Requested by:  Representatives Nesbitt and Diamont
BUDGET REFORM STATEMENTS
Sec. 12. (a)	The General Fund availability used in developing the budget enacted in this Act, is shown below:
	1993-94	          1994-95 Non-	Non-
	Recurring	Recurring	Recurring
AVAILABILITY
Unappropriated Balance from
1993 Session	$4.7	$209.6	$380.5

Revenue Forecast Increase	156.0	160.0	   -

TOTAL AVAILABILITY	$160.7	369.6	380.5

(b)	The Unappropriated Balance from the 1993 Session stated in subsection (a) of this section is included in Total Availability as stated in Section 8(b) of Chapter 561 of the 1993 Session Laws.

PART 7.  OFFICE OF STATE BUDGET AND MANAGEMENT

Requested by:  Representatives Nesbitt, Diamont, Gist, Holt
CRIMINAL JUSTICE INFORMATION NETWORK
Sec. 13.  (a)	Of the funds appropriated in this act to the Office of State Budget and Management, the sum of fifty thousand dollars ($50,000) for the 1993-94 fiscal year shall be used to study the development of a Criminal Justice Information Network that links together data in existing databases and networks.  Any of these funds unexpended at the end of the 1993-94 fiscal year shall not revert but shall remain available to complete this study. This study shall include:
(1) 	An assessment of the functionality of information currently used by the General Court of Justice, State and local law enforcement agencies, correction agencies, and State departments or agencies related to the criminal justice system, and an evaluation of the need for systems integration or system enhancements, in particular the need for a comprehensive DWI database and for systems integration of the Department of Correction's Offender Management Information System;
(2)	A determination of the technical feasibility of incorporating all or portions of currently existing information systems and all or portions of new information systems into a comprehensive statewide Criminal Justice Information Network (CJIN);
(3)	An evaluation of feasible CJIN designs at no fewer than three alternative levels of costs (both capital and future operating), and a clear description of the benefits and costs associated with each level;
(4)	An estimation of a development and implementation schedule for each level of costs, showing milestones to be achieved during each phase of the schedule, costs to be incurred during each phase, and any benefits and savings expected at intermediate stages of CJIN development and implementation;
(5)	An evaluation of alternative structures for CJIN management, including accountability for CJIN operations, criteria for membership or participation, procedures to prevent inappropriate or illegal access, and steps to assure data quality and accuracy;
(6)	Recommendations of measures for savings, efficiency, and effectiveness that will enable the General Assembly to gauge CJIN performance;
(7)	Assurances that the integrated CJIN shall be consistent and compatible with a comprehensive telecommunications plan as approved by the Information Resource Management Commission; and
(8)	A plan for a statewide integrated law enforcement communications system and a study of the costs of making that system available to local governments.
(b)	There is created within the Office of State Budget and Management a Criminal Justice Information Network study committee to conduct the study required under this section.  The study committee shall be appointed by the Governor in consultation with the Lieutenant Governor, the Attorney General, and the Chief Justice of the North Carolina Supreme Court.  The Governor shall appoint no more than nine members to the study committee, and shall make the appointments based upon the appointees' knowledge, expertise, and responsibility within the criminal justice system and related areas.  All State and local government agencies shall cooperate fully with the study committee.  The study committee shall provide a monthly report on its progress (i) to the Chairs of the Senate and House Appropriations Committees, (ii) to the Chairs of the Senate and House Justice and Public Safety Appropriations Subcommittees, and (iii) to the Information Resources Management Commission established by G.S. 143B-426.21 at the regularly scheduled meetings of the Commission.  The study committee shall report its final findings and recommendations to the General Assembly on or before February 1, 1995, and shall make an interim report by May 15, 1994.

PART 8.1.  ADVANCE STRUCTURED SENTENCING

Requested by:  Representatives Nesbitt, Diamont, Gist, Holt, Barnes
ADVANCE STRUCTURED SENTENCING/CRIMINAL JUSTICE PARTNERSHIP ACT
Sec. 14.1.  (a) G.S. 15A-1340.10, as enacted by Section 1 of Chapter 538 of the 1993 Session Laws, reads as rewritten:
"§ 15A-1340.10.  Applicability of structured sentencing.
This Article applies to criminal offenses in North Carolina, other than impaired driving under G.S. 20-138.1 that occur on or after July 1, 1994."
(b) G.S. 15A-1371(a1), as amended by Section 22 of Chapter 538 of the 1993 Session Laws, reads as rewritten:
"(a1)	A prisoner serving a term of life imprisonment is eligible for parole after serving 25 years.  This subsection applies to offenses committed on and after July 1, 1994."
(c)	Section 56 of Chapter 538 of the 1993 Session Laws reads as rewritten:
"Sec. 56.  This act becomes effective July 1, 1994, and applies only to offenses occurring on or after that date.  Prosecutions for, or sentences based on, offenses occurring before the effective date of this act are not abated or affected by the repeal or amendment in this act of any statute, and the statutes that would be applicable to those prosecutions or sentences but for the provisions of this act remain applicable to those prosecutions or sentences."
(d) Section 1359 of Chapter 539 of the 1993 Session Laws reads as rewritten:
"Sec. 1359.  This act becomes effective July 1, 1994, and applies to offenses occurring on or after that date.  Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions."
(e)  Section 2 of Chapter 534 of the 1993 Session Laws reads as rewritten:
"Sec. 2.  This act becomes effective January 1, 1994. Grants administered under this act shall become effective January 1, 1995.  The Department of Correction may use funds available to support the administration of the State-County Criminal Justice Partnership program effective January 1, 1994."

PART 9.  DEPARTMENT OF CORRECTION

Requested by:  Representatives Gist and Holt
OUT-OF-STATE HOUSING OF INMATES
Sec. 15.  (a)	G.S. 148-37 reads as rewritten:
"§ 148-37.  Additional facilities authorized; contractual arrangements.
(a)	Subject to the provisions of G.S. 143-341, the State Department of Correction may establish additional facilities for use by the Department, such facilities to be either of a permanent type of construction or of a temporary or movable type as the Department may find most advantageous to the particular needs, to the end that the prisoners under its supervision may be so distributed throughout the State as to facilitate individualization of treatment designed to prepare them for lawful living in the community where they are most likely to reside after their release from prison. For this purpose, the Department may purchase or lease sites and suitable lands adjacent thereto and erect necessary buildings thereon, or purchase or lease existing facilities, all within the limits of allotments as approved by the Department of Administration.
(b)	The Secretary of Correction may contract with the proper official of the United States or of any county or city of this State for the confinement of federal prisoners after they have been sentenced, county, or city prisoners in facilities of the State prison system or for the confinement of State prisoners in any county or any city facility located in North Carolina, or any facility of the United States Bureau of Prisons, when to do so would most economically and effectively promote the purposes served by the Department of Correction. Any contract made under the authority of this section shall be for a period of not more than two years, and shall be renewable from time to time for a period not to exceed two years. Contracts for receiving federal, county and city prisoners shall provide for reimbursing the State in full for all costs involved. The financial provisions shall have the approval of the Department of Administration before the contract is executed. Payments received under such contracts shall be deposited in the State treasury for the use of the State Department of Correction. Such payments are hereby appropriated to the State Department of Correction as a supplementary fund to compensate for the additional care and maintenance of such prisoners as are received under such contracts.
(c)	In addition to the authority contained in subsections (a) and (b) of this section, the Secretary of Correction may enter into contracts with any public entity for the confinement and care of State prisoners in any out-of-state public correctional facility when to do so would most economically and effectively promote the purposes served by the Department of Correction.  The authority contained in this subsection may be used to house a maximum of 1,000 prisoners at any one time, which maximum shall include those presently housed.  Prisoners may be sent to out-of-state correctional facilities only when there are no available facilities in this State within the State prison system to appropriately house those prisoners.  Any contract made under the authority of this subsection shall expire not later than June 30, 1995, and shall be approved by the Department of Administration before the contract is executed.
(d)	Prisoners confined in out-of-state correctional facilities pursuant to subsection (c) of this section shall remain subject to the rules adopted for the conduct of persons committed to the State prison system.  The rules regarding good time and gain time, discipline, classification, extension of the limits of confinement, transfers, housing arrangements, and eligibility for parole shall apply to inmates housed in those out-of-state correctional facilities.  The operators of those out-of-state correctional facilities may promulgate any other rules as may be necessary for the operation of those facilities with the written approval of the Secretary of Correction.  Custodial officials employed by an out-of-state correctional facility are agents of the Secretary of Correction and may use authorized force procedures to defend themselves, to enforce the observance of discipline in compliance with correctional facility rules, to secure the person of a prisoner, and to prevent escape.  Prisoners confined to out-of-state correctional facilities may be required to perform reasonable work assignments within those facilities."
(b)	Subsection (a) of this section is effective upon ratification and expires on June 30, 1995.

Requested by:  Representatives Nesbitt, Diamont, Gist, Holt
DEPARTMENT OF CORRECTION LIMITATION ON CONTRACTING FOR IN-STATE HOUSING OF INMATES
Sec. 16.  The Department of Correction shall not contract to house in non-State-owned facilities within the State more than a total of 1500 inmates at any one time, excluding any beds in private substance abuse treatment centers authorized by the General Assembly.  Any number of inmates exceeding 500 will reduce from the 1000 out-of-State prisoners authorized in G.S. 148-37(c).

Requested by:  Representatives Nesbitt, Diamont, Mavretic
DEPARTMENT OF CORRECTION STUDY OF HOUSING OF CERTAIN FELONS OUTSIDE THE STATE OF NORTH CAROLINA 
Sec. 17.  The Department of Correction shall study the issue of private, out-of-country placement of felons of 16 years of age or older who are sentenced to prison for 10 or more years in correctional facilities that equal or exceed the standards for adult correctional institutions of the American Correctional Association for construction and habitation and are:
(1)	Operated by any governmental unit within any U.S. state, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; or
(2)	a.	Operated by any corporation or other business entity organized under the laws of any U.S. state, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; and
b.	Located within the boundaries of any U.S. state, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or any nation that is a signatory of the North American Free Trade Agreement (NAFTA), as approved by the United States in Pub. L. No. 103-182, 107 Stat. 2057 (1993).
The Department shall report the results of this study to the 1993 General Assembly, Regular Session 1994.

Requested by:  Representative Ellis
LRC STUDY PLACEMENT OF FELONS 16 YEARS OF AGE OR OLDER IN PRIVATE CORRECTIONAL FACILITIES
Sec. 17.1.  The Legislative Research Commission may study whether felons 16 years of age or older who are sentenced to State prison may be housed in private correctional facilities that equal or exceed the standards for adult correctional institutions of the American Correctional Association for construction and habitation.  The report shall be made to the 1993 General Assembly, Regular Session 1994.

Requested by:  Representatives Nesbitt, Diamont, Gist, Holt
GOVERNOR TO SET PRISON POPULATION CAP
Sec. 18.  (a)	G.S. 148-4.1 reads as rewritten:
"§ 148-4.1.  Release of inmates.
(a)	Whenever the Secretary of Correction determines from data compiled by the Department of Correction that it is necessary to reduce the prison population to a more manageable level, he shall direct the Parole Commission to release on parole over a reasonable period of time a number of prisoners sufficient to that purpose.
(b)	Except as provided in subsection (c) and (e), only inmates who are otherwise eligible for parole pursuant to Article 85 of Chapter 15A or pursuant to Article 3B of this Chapter may be released under this section.
(c)	Persons eligible for parole under Article 85A of Chapter 15A shall be eligible for early parole under this section nine months prior to the discharge date otherwise applicable, and six months prior to the date of automatic 90-day parole authorized by G.S. 15A-1380.2.
(c1)	For purposes of this section only, 'prison capacity' means the number of prisoners housed in facilities located in North Carolina and owned or operated by the State of North Carolina, as set by the Governor.  In setting the prison capacity for purposes of this section, the Governor shall consider the number of beds available and shall make a finding that the number set would not jeopardize the State's ability to perform its obligations under the law.  In no event shall the number set by the Governor under this subsection exceed 23,500.
(d)	If the number of prisoners housed in facilities located in North Carolina and owned or operated by the State of North Carolina for the Division of Prisons exceeds ninety-eight percent (98%) of prison capacity for 15 consecutive days, the Secretary of Correction shall notify the Governor and the Chairman of the Parole Commission of this fact. Upon receipt of this notification, the Parole Commission shall within 90 days release on parole a number of inmates sufficient to reduce the prison population to ninety-seven percent (97%) of prison capacity.
From the date of the notification until the prison population has been reduced to ninety-seven percent (97%) of prison capacity, the Secretary may not accept any inmates ordered transferred from local confinement facilities to the State prison system under G.S. 148-32.1(b). Further, the Secretary may return any inmate housed in the State prison system under an order entered pursuant to G.S. 148-32.1(b) to the local confinement facility from which the inmate was transferred.
(e)	In addition to those persons otherwise eligible for parole, from the date of notification in subsection (d) until the prison population has been reduced to ninety-seven percent (97%) of prison capacity, any person imprisoned only for a misdemeanor also shall be eligible for parole and immediate termination upon admission, notwithstanding any other provision of law, except:
(1)	Those persons convicted under G.S. 20-138.1 of driving while impaired or any offense involving impaired driving, and
(2)	Those persons convicted pursuant to G.S. 130A-25 of failing to obtain the treatment required by Part 3 or Part 5 of Article 6 of Chapter 130A or of violating G.S. 130A-144(f) or G.S. 130A-145.
(f)	In complying with the mandate of subsection (d), the Parole Commission may exercise the discretion granted to refuse parole by G.S. 15A-1371 in selecting felons to be paroled under this section so long as the prison population does not exceed prison capacity.
(g)	In order to meet the requirements of this section, the Parole Commission shall not parole any person convicted under Article 7A of Chapter 14 of a sex offense, under G.S. 14-39, 14-41, or 14-43.3, under G.S. 90-95(h) of a drug trafficking offense, or under G.S. 14-17. The Parole Commission may continue to consider the suitability for release of such persons in accordance with the criteria set forth in Articles 85 and 85A of Chapter 15A."
(b)	Sections 7 through 9 of Chapter 91 of the 1993 Session Laws are repealed.

Requested by:  Representatives Nesbitt, Diamont, Gist, Holt
REPORT ON PLAN FOR CONTRACTING WITH PRIVATE SUBSTANCE ABUSE TREATMENT CENTERS
Sec. 19.  The Department of Correction shall report to the General Assembly by May 1, 1994, on its plan for the use of funds appropriated to it in this act for the 1994-95 fiscal year for contracts for 500 beds in private substance abuse treatment centers, not to exceed 100 beds at any one center, including any recommended changes in legislation necessary to authorize these contracts. The Department of Human Resources shall provide any technical assistance requested by the Department of Correction on the preparation of the plan.

Requested by:  Representatives Nesbitt and Diamont
PROBATION/PAROLE STUDY
Sec. 20.  The Department of Correction shall study methods for reducing the paperwork required of probation and parole officers in order to allow more time for those officers to supervise probationers and parolees.  The Department shall report its findings to the Joint Legislative Commission on Governmental Operations, to the Chairs of the House and Senate Appropriations Committees, and to the Chairs of the House and Senate Appropriations Subcommittees on Justice and Public Safety by May 1, 1994.

PART 10.  DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY

Requested by:  Representatives Gist and Holt
VICTIMS ASSISTANCE NETWORK FUNDS
Sec. 21.  (a)	Of the funds appropriated in this act to the Department of Crime Control and Public Safety, the sum of one hundred fifty thousand dollars ($150,000) for the 1994-95 fiscal year shall be used to support the Victims Assistance Network.  These funds shall be used by the Victims Assistance Network to perform the following functions under the direction of and as required by the Department of Crime Control and Public Safety:
(1)	Conduct surveys and gather data on crime victims and their needs;
(2)	Act as a clearinghouse for crime victims services;
(3)	Provide an automated crime victims bulletin board for subscribers;
(4)	Coordinate and support the activities of other crime victims advocacy groups;
(5)	Identify training needs of crime victims services providers and criminal justice personnel and coordinate training efforts for those persons; and
(6)	Provide other services as identified by the Governor's Crime Commission or the Department of Crime Control and Public Safety.
(b) This section becomes effective July 1, 1994.

PART 11.  JUDICIAL DEPARTMENT

Requested by:  Representatives Nesbitt, Diamont, Gist, Holt
TEEN COURT PROGRAM FUNDS
Sec. 22.  (a)	Of the funds appropriated in this act to the Judicial Department, the sum of seventy-five thousand dollars ($75,000) for the 1994-95 fiscal year shall be used to develop and implement "teen court" programs, which programs are to be made available to all junior and senior high school students in selected judicial districts for the purpose of handling problems that develop at school.
(b)	The Administrative Office of the Courts shall report to the General Assembly by January 1, 1995, on its use of these funds and on the effectiveness of the programs funded.
(c)	In addition to the reports required in subsection (d) of Section 80 of Chapter 561 of the 1993 Session Laws, the Administrative Office of the Courts shall make an interim report by May 15, 1994, on the effectiveness of the Cumberland County "Teen Court" Program established pursuant to Section 80 of Chapter 561 of the 1993 Session Laws.

Requested by:  Representatives Nesbitt, Diamont, Gist, Holt
RESERVE FOR COURT/DRUG TREATMENT PROGRAM
Sec. 23.  There is created in the Judicial Department a Reserve for Court/Drug Treatment Program.  Of the funds appropriated in this act to the Judicial Department, the sum of eight hundred thousand dollars ($800,000) for the 1994-95 fiscal year shall be held in this reserve.  The funds in this reserve shall be allocated as prescribed by the 1993 General Assembly, Regular Session 1994.

PART 12.  DEPARTMENT OF HUMAN RESOURCES

Requested by:  Representatives Nesbitt, Diamont, Easterling, Nye
DIVISION OF YOUTH SERVICES' COMPREHENSIVE STUDY OF THE JUVENILE JUSTICE SYSTEM
Sec. 25.  (a)	The Department of Human Resources shall conduct a comprehensive study of the Division of Youth Services' juvenile justice system in order to ensure the efficacy, cost-effectiveness, and optimal utilization of the system and its continuum of services.
This study shall include:
(1)	An evaluation of the Community-Based Alternative Program;
(2)	An evaluation of vocational education in the training schools;
(3)	An evaluation of the alternatives to detention and to training schools;
(4)	Development of a plan for an early warning system in which potential youthful offenders are identified at a very early age so that intervention can be made to prevent adverse outcomes; and
(5)	Diagnostic assessment of all youth in training schools and detention centers to determine if each youth has been properly placed.  The assessment criteria shall conform to standards developed by the Division of Youth Services, juvenile court counselors, and mental health/substance abuse services professionals.
(b)	The Department shall complete this study by November 30, 1994, and shall report its findings and recommendations to the 1995 General Assembly by March 1, 1995.
(c)	Of the funds appropriated to the Department of Human Resources, Division of Youth Services, in this act, the sum of one hundred fifty thousand dollars ($150,000) for the 1993-94 fiscal year shall be used to fund this study.  Any of these funds that are unexpended at the end of the 1993-94 fiscal year shall not revert but shall remain available to complete the study required by this section.

Requested by:  Representatives Nesbitt, Diamont, Nye, Easterling
DIRECTOR OF JOINT SECURITY FORCE
Sec. 26.  The Secretary of the Department of Human Resources shall designate the Director of the Juvenile Evaluation Center as the Director of the Joint Security Force established in G.S. 122C-421, serving the territory of the Black Mountain Center, the Alcohol Rehabilitation Center, and the Juvenile Evaluation Center, all in Buncombe County, and having the power prescribed by G.S. 7A-571(4) and G.S. 122C-421 outside the territory embraced by the named centers but within the confines of Buncombe County.

Requested by:  Representatives Nesbitt, Diamont, Nye, Easterling, Redwine, Fitch, McAllister, Berry, Balmer, Creech
WELFARE REFORM STUDY
Sec. 27. (a)	There is created the Legislative Study Commission on Welfare Reform.  The Commission shall consist of 14 members as follows:
(1)	Five members of the House of Representatives appointed by the Speaker of the House of Representatives;
(2)	Two persons appointed by the Speaker of the House of Representatives who are not members of the General Assembly;
(3)	Five Senators appointed by the President Pro Tempore of the Senate; and 
(4)	Two persons appointed by the President Pro Tempore of the Senate who are not members of the General Assembly.
(b)	The Speaker of the House of Representatives shall designate one representative as cochair and the President Pro Tempore of the Senate shall designate one Senator as cochair.
(c)	The Commission shall study the whole issue of the need for welfare reform in light of the current social crisis caused, in part, by the rapidly increasing incidence of violent crimes.  This study shall include:
(1)	A reexamination of the whole purpose of the welfare system and an identification of those disincentives to raising responsible, independent participants in society that are built into the system;
(2)	An analysis of the federal welfare reform proposals and of other states' initiatives; and
(3)	A compilation and detailed examination, including detailed fiscal analysis, of proposals to reform the welfare system.
(d)	The reexamination prescribed by subdivision (1) of this subsection shall specifically include consideration of the following bills introduced in the 1993 General Assembly, Extra Session 1994:  House Bill 141, introduced by Representative Fitch, House Bill 209, introduced by Representative McAllister, House Bill 80, introduced by Representative Berry, and any other welfare reform initiatives introduced in this session.
(e)  The Commission may submit an interim report to the General Assembly on or before the first day of the 1994 Regular Session of the 1993 General Assembly and shall submit a final report, including a complete proposal for welfare reform, to the 1995 General Assembly within one week of its convening, by filing the report with the Speaker of the House of Representatives and the President Pro Tempore of the Senate.  Upon filing its final report, the Commission shall terminate.
(f)  The Commission, while in the discharge of official duties, may exercise all the powers provided for under the provisions of G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4.  The Commission may meet at any time upon the joint call of the cochairs.  The Commission may meet in the Legislative Building or the Legislative Office Building.
(g)  Members of the Commission shall receive subsistence and travel expenses at the rates set forth in G.S. 120-3.1 or G.S. 138-5, as appropriate.
(h)  The Commission may contract for professional, clerical, or consultant services as provided by G.S. 120-32.02.  The Legislative Services Commission, through the Legislative Administrative Officer, shall assign professional staff to assist in the work of the Commission.  The House of Representatives' and the Senate's Supervisors of Clerks shall assign clerical staff to the Commission or committee, upon the direction of the Legislative Services Commission.  The expenses relating to clerical employees shall be borne by the Commission.
(i)  When a vacancy occurs in the membership of the Commission, the vacancy shall be filled by the same appointing officer who made the initial appointment.
(j)  All State departments and agencies and local governments and their subdivisions shall furnish the Commission with any information in their possession or available to them.

PART 13.  INTERVENTION/PREVENTION INITIATIVES

Requested by: Representatives Barnes, Black, Diamont, Easterling, Holt, H. Hunter, Nesbitt, Rogers
BASIC EDUCATION PROGRAM
Sec. 28.  Of the funds appropriated to Aid to Local School Administrative Units, the sum of twenty-five million seven hundred sixteen thousand six hundred dollars ($25,716,600) for the 1994-95 fiscal year shall be used to fund fully all the school counselors, social workers, and psychologists required for kindergarten through grade eight by the Basic Education Program.
Local boards of education are encouraged to use these positions, when feasible, to implement programs funded with Intervention/Prevention Program grants.  These funds are appropriated to provide school systems with personnel to reduce the incidence of juvenile crime and to provide services to students who are at risk of school failure and their families; therefore, it is the intent of the General Assembly that the Superintendent not recommend and the State Board not grant waivers pursuant to G.S. 115C-238.6 pertaining to the purposes for which these funds may be used.

SCHOOL-BASED PROGRAM GRANTS
Sec. 29.  (a)	The General Assembly finds that:
(1)	Growing numbers of children live in conditions that place them at risk of school failure as students;
(2)	The provision of school and support services to these children and their families by public and nonprofit agencies is fragmented and does not prepare these children to learn effectively and have a successful school experience;
(3)	The lack of collaboration among schools, families, local agencies, and other groups involved in family support and youth development activities results in the inefficient and ineffective use of resources to meet the needs of these children;
(4)	Schools are dedicating an increasing amount of their time and resources to responding to disruptive and violent behavior rather than fulfilling their mission to challenge with high expectations each child to learn, to achieve, and to fulfill his or her potential;
(5)	The relationships between school failure, disruptive and violent behavior in schools, unemployment, and criminal behavior are clear;
(6)	Responding to the needs of students who are at risk of school failure and providing for a safe and secure learning environment are cost-effective because it enables the State to substitute preventive measures for expensive crisis intervention; and
(7)	Differing local needs and local resources necessitate the development of locally generated, community-based plans that coordinate and leverage existing resources, not the imposition of uniform and inflexible, State-mandated plans;
therefore, of the funds appropriated to Aid to Local School Administrative Units, the sum of fifteen million dollars ($15,000,000) shall be used for the 1994-95 fiscal year to implement the Intervention/Prevention Grant Program for North Carolina School Children.
(b)	Article 16 of of Chapter 115C of the General Statutes is amended by adding a new Part to read:
"Part 8.  Intervention/Prevention
Grant Program for North Carolina School Children.
"§ 115C-238.40.  Establishment of program; purpose.
There is established the Intervention/Prevention Grant Program for North Carolina School Children.  The purpose of the program is to provide grants to local school administrative units for locally designed innovative local programs that target juvenile crime by (i)	enhancing educational attainment through coordinated services to respond to the needs of students who are at risk of school failure and at risk of participation in juvenile crime and (ii) providing for a safe and secure learning environment.
"§ 115C-238.41.  Applications for grants.
(a)	A local school administrative unit may apply for a grant, or up to three adjacent local school administrative units may apply jointly for a grant.
(b)	In preparing grant applications, an applicant shall consult with a local task force appointed by the county board of commissioners and comprised of educators, parents, students, community leaders, the juvenile justice system, human services, and nongovernmental agencies providing services to children.  In appointing members of the task force, the county board of commissioners shall attempt to include individuals who are representative of the racial and socioeconomic composition of the geographic area to be served by the grant.  If a local school administrative unit or the geographic area covered by a grant proposal is located in more than one county, the board of commissioners of the counties shall jointly appoint the task force.
(c)	The application shall include the following information:
(1)	Data on the incidence of juvenile crime in the geographical area to be served by the grant.  Sources of data may include the chief juvenile court counselor in the judicial district, the clerk of superior court, and local law enforcement officials.
(2)	An assessment of local resources from all sources for, and local deficiencies with regard to, responding to the needs of children who live in conditions that place them at risk of school failure as students.  This assessment shall be prepared by the local task force.
(3)	A detailed plan for removing barriers to success in school that exist for these children and for minimizing disruptive and violent behavior among all students.  This plan shall include proposed goals and anticipated outcomes, prepared after consultation with the task force.  This plan shall provide for the establishment or expansion of programs that have components based on one or more of the following models or other collaborative models:
a.	Family Resource Center Model. – A Family Resource Center is a school-based center that coordinates the delivery of comprehensive and integrated services in or near a school to children from kindergarten through the eighth grade and their families.  Services are provided through broad-based collaboration among governmental and nongovernmental agencies and persons reflective of the racial and socioeconomic diversity in a community.  Services are designed to (i) prepare children to attain academic and social success, (ii) enhance the ability of families to become advocates for and supporters of education for the children in their families, (iii) provide parenting classes to the parents of children who are at risk of school failure, and (iv) otherwise enhance the ability of families to function as nurturing and effective family units.
b.	S.O.S. Program or Other After School Program Model. – An After School Program is a program that provides high quality, educationally appropriate activities to students, especially middle school-aged students, after the regular school day.  Local boards of education may permit teachers to adjust their work schedules so they can work in the program.
		The program may follow the S.O.S. Program Model, which was developed by Governor Hunt.  A program following the S.O.S. Program Model should be targeted toward providing academic support for middle school-aged students who perform significantly below their age-level peers or for students with learning disabilities. The program should rely heavily on community volunteers to provide positive adult role models for students and to help supervise the activities.  The local board of education may appoint school-based Neighborhood Councils to advise it on the development of a grant proposal for a program following the S.O.S. Program Model. A Neighborhood Council may be either an existing community group, nonprofit corporation, or other governmental or nongovernmental entity, or a new entity that reflects the demographics of the community being served and includes broad representation of government, school, and community agencies.
c.	Cities in Schools Program Model. – A Cities in Schools Program is a community partnership among public agencies, private nonprofit agencies, volunteer organizations, and local businesses that delivers services to students who are at risk of dropping out of school or who display discipline problems.  Services offered are based on an assessment of local needs and resources.
d.	Alternative Learning Program Model. – An Alternative Learning Program is a program that provides individualized programs outside of a standard classroom setting in a caring atmosphere in which students learn the skills necessary to redirect their lives and return to a standard classroom setting.  The program should maintain State standards and may include smaller classes and lower student/teacher ratios, school-to-work transition activities, modification of curriculum and instruction to meet individual needs, flexible scheduling, and necessary academic, vocational, and support services for students and their families.  Services may also include appropriate measures to correct disruptive behavior, teach responsibility, good citizenship, and respect for rules and authority.
		The goals of the alternative school programs should be to (i) reduce the school dropout rate through improved student attendance, behavior, and educational achievement; and (ii) increase successful school-to-work transitions for students through educationally linked job internships, mentored job shadowing experiences, and the development of personalized education and career plans for participating students.
e.	Safe Schools Program Model. – A Safe Schools Program is a locally designed program for making schools safe for students and school employees.  The program may involve peer mediation and conflict resolution activities.
(4)	A statement of whether and to what extent the local board of education intends to contract with local, private, nonprofit 501(c)(3) corporations to staff, operate, or otherwise provide services for one or more elements of the plan.  Local boards are encouraged to contract for services, when appropriate.
(5)	A statement of (i) how the grant funds would be used to address these local problems, (ii) what other resources, including Safe Schools Grants, Chapter 1 funds, Chapter 2 block grant funds, dropout prevention funds, Basic Education Program funds, remediation funds, small school system supplemental funds, and low-wealth counties supplemental funds, would be used to address the problems, and (iii) how all available community resources and the components of the proposed plan would be coordinated to enhance the effectiveness of existing services and of services proposed in the plan.
(6)	A statement of how the proposed plan would assist a local school administrative unit in implementing the local school improvement plan.
(7)	A process for assessing on an annual basis the success of the local plan in addressing problems.
"§ 115C-238.42.  Review of applications.
(a)	The Superintendent of Public Instruction shall appoint a State task force to assist the Superintendent in reviewing grant applications.  The State task force shall include representatives of the Department of Public Instruction, the Department of Human Resources, local school administrative units, educators, parents, the juvenile justice system, social services, and governmental agencies providing services to children, and other members the Superintendent considers appropriate.  In reviewing grant applications, the Superintendent and the State task force shall consider the prevalence of underserved students and families in low-income neighborhoods and in isolated rural areas in the area for which the grant is requested, the severity of the local problems with regard to children at risk of school failure and with regard to school discipline, whether the proposed program meets State standards, and the likelihood that the locally designed plan will deal with the problems successfully.
During the review process, the Superintendent may recommend modifications in grant applications to applicants.
(b)	The Superintendent shall submit recommendations to the State Board of Education on which applicants should receive grants and the amount they should receive.
"§ 115C-238.43.  Award of grants.
In selecting grant recipients, the State Board of Education shall consider (i)	the recommendations of the Superintendent (ii) the geographic location of the applicants and (iii) the demographic profile of the applicants.  The State Board shall award grants to applicants that will serve areas that have a high incidence of juvenile crime and that propose different approaches that can serve as models for other communities.
The State Board shall select the grant recipients prior to July 15, 1994, for local programs that will be in operation at the beginning of the 1994-95 school year.  The State Board shall select the grant recipients prior to October 1, 1994, for local programs that will be in operation after the beginning of the 1994-95 school year.
"§ 115C-238.44.  Requests for modifications of grants or for additional funds to implement grants.
A grant recipient may request a modification of a grant or additional funds to implement a grant through the grant application process.  The request shall be reviewed and accepted or rejected in the same manner as a grant application.
"§ 115C-238.45.  Administration of the grant program.
The Superintendent of Public Instruction shall administer the grant program, under the direction of the State Board of Education.  The Department of Public Instruction and the Department of Human Resources shall provide technical assistance to grant applicants and recipients.
"§ 115C-238.46.  Cooperation of State and local agencies.
All agencies of the State and local government, including departments of social services, health departments, local mental health, mental retardation, and substance abuse authorities, court personnel, law enforcement agencies, The University of North Carolina, the community college system, and cities and counties, shall cooperate with the Department of Public Instruction, local boards of education, and local nonprofit corporations that receive grants in coordinating the program at the State level and in implementing the program at the local level.  The Superintendent, after consultation with the Secretary of Human Resources, shall develop a plan for ensuring the cooperation of State agencies and local agencies, and encouraging the cooperation of private entities, especially those receiving State funds, in the coordination and implementation of the program.
"§ 115C-238.47.  Reporting requirements.
The State Board of Education shall report to the General Assembly prior to June 1, 1994, on grant applications received prior to June 1, 1994, and prior to January 1, 1995, on grant applications received prior to January 1, 1995.
The State Board of Education shall report to the Joint Legislative Education Oversight Committee prior to January 15 of each year on (i)	how the funds appropriated by the General Assembly for the program are being used, (ii) additional funds required to implement the program, and (iii) any necessary modifications to the program."
(c)	The Department of Public Instruction shall use funds within its budget for travel and for supplies and materials for the 1993-94 fiscal year to implement subsection (b) of this section of this act prior to July 1, 1994.
(d)	Subsection (a) of this section becomes effective July 1, 1994.  The remainder of this section is effective upon ratification.

COMMUNITY-BASED ALTERNATIVES FUNDS
Sec. 30.  (a)	Of the funds appropriated to the Department of Human Resources, Division of Youth Services, in this act, the sum of five million dollars ($5,000,000) for the 1994-95 fiscal year shall be used to expand Community-Based Alternatives services. Of these funds, four million dollars ($4,000,000) shall be allocated per capita among the counties, based on the number of children in the county between the ages of 10 and 17, and one million dollars ($1,000,000) shall be allocated evenly among all counties.
To receive these funds, the county shall develop and submit to the Division of Youth Services for approval a plan for the use of these additional funds.  The plan shall provide for the county to use funds appropriated in this section to purchase care or services from local, private, nonprofit 501(c)(3) corporations and housing authorities providing delinquency prevention programs or community-based services.  The plan shall emphasize the provision of services for children against whom a complaint of delinquency has been made, regardless of whether the juvenile was diverted to a community resource or adjudicated delinquent.
As a prerequisite for receiving these additional Community-Based Alternatives funds, the county board of commissioners shall annually update the membership of the existing Community-Based Alternatives Youth Services Advisory Committee to ensure that appropriate membership is maintained.
The Community-Based Alternatives Youth Services Advisory Committee shall annually review the needs of troubled youth and submit a written plan of action to the county board of commissioners for approval.  In those counties that have a commitment rate above one person per thousand, the plan shall describe how these funds will be used to reduce the county commitment rate.  In those counties that have a commitment rate at or less than one per thousand, the plan shall specify how the funds will be used to maintain or reduce the commitment rate.  The approved plan shall then be submitted to the Division of Youth Services for approval.
(b)	As vacancies occur on Community Based Alternatives Youth Services Advisory Committees, or as new committees are appointed, the committee membership shall be reflective of the racial and socioeconomic diversity of the community.

PART 14.  CAPITAL IMPROVEMENT PROVISIONS

Requested by:  Representatives Nesbitt and Diamont
RESERVE FOR ADVANCE PLANNING
Sec. 31.  The Office of State Budget and Management shall report to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division on how it intends to spend funds from the Reserve for Advance Planning at least 45 days before it spends the funds.
	The Office of State Budget and Management shall also report the results of any project on which it uses funds from the Reserve for Advance Planning to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division.

Requested by:  Representatives Nesbitt and Diamont
ENCUMBERED APPROPRIATIONS AND PROJECT RESERVE FUND
Sec. 32.  When each capital improvement project appropriated by the 1994 Extra Session of the General Assembly, other than those projects under the Board of Governors of The University of North Carolina, is placed under construction contract, direct appropriations shall be encumbered to include all costs for construction, design, investigation, administration, movable equipment, and a reasonable contingency.  Unencumbered direct appropriations remaining in the project budget shall be placed in a project reserve fund credited to the Office of State Budget and Management.  Funds in the project reserve may be used for emergency repair and renovation projects at State facilities with the approval of the Director of the Budget.  The project reserve fund may be used, at the discretion of the Director of the Budget, to allow for award of contracts where bids exceed appropriated funds, if those projects supplemented were designed within the scope intended by the applicable appropriation or any authorized change in it, and if, in the opinion of the Director of the Budget, all means to award contracts within the appropriation were reasonably attempted.  At the discretion of the Director of the Budget, any balances in the project reserve fund shall revert to the original source.

Requested by:  Representatives Nesbitt and Diamont
PROJECT COST INCREASE
Sec. 33.  Upon the request of the administration of a State department or institution, the Director of the Budget may, when in the Director's opinion it is in the best interest of the State to do so, increase the cost of a capital improvement project.  Provided, however, that if the Director of the Budget increases the cost of a project, the Director shall report that action to the Joint Legislative Commission on Governmental Operations at its next meeting.  The increase may be funded from gifts, federal or private grants, special fund receipts, excess patient receipts above those budgeted at University of North Carolina Hospitals at Chapel Hill, or direct capital improvement appropriations to that department or institution.

Requested by:  Representatives Nesbitt and Diamont
NEW PROJECT AUTHORIZATION
Sec. 34.  Upon the request of the administration of any State department or institution, the Director of the Budget may authorize the construction of a capital improvement project not specifically authorized by the General Assembly if this project is to be funded by gifts, federal or private grants, special fund receipts, excess patient receipts above those budgeted at University of North Carolina Hospitals at Chapel Hill, or self-liquidating indebtedness.  If the Director of the Budget authorizes the construction of such a capital improvement project, the Director shall report that action to the Joint Legislative Commission on Governmental Operations at its next meeting.

Requested by:  Representatives Nesbitt and Diamont
ADVANCE PLANNING OF CAPITAL IMPROVEMENT PROJECTS
Sec. 35.  Funds that become available by gifts, excess patient receipts above those budgeted at University of North Carolina Hospitals at Chapel Hill, federal or private grants, receipts becoming a part of special funds by act of the General Assembly, or any other funds available to a State department or institution may be utilized for advance planning through the working-drawing phase of capital improvement projects, upon approval of the Director of the Budget.  The Director of the Budget may make allocations from the Advance Planning Fund for advance planning through the working-drawing phase of capital improvement projects, except that this revolving fund may not be utilized by the Board of Governors of The University of North Carolina or the State Board of Community Colleges.

Requested by:  Representatives Nesbitt and Diamont
APPROPRIATIONS LIMITS/REVERSION OR LAPSE
Sec. 36.  Except as permitted in previous sections of this act, the appropriations for capital improvements made by the 1994 Extra Session of the 1993 General Assembly may be expended only for specific projects set out by the 1994 Extra Session of 1993 the General Assembly and for no other purpose.  Construction of all capital improvement projects enumerated by the 1994 Extra Session of the 1993 General Assembly shall be commenced, or self-liquidating indebtedness with respect to them shall be incurred no later than the end of the 1993-95 biennium.  If construction contracts on those projects have not been awarded or self-liquidating indebtedness has not been incurred within that period, the direct appropriation for those projects shall revert to the original source, and the self-liquidating appropriation shall lapse; except that direct appropriations may be placed in a reserve fund as authorized in this act.  This deadline with respect to both direct and self-liquidating appropriations may be extended with the approval of the Director of the Budget up to an additional 12 months if circumstances and conditions warrant such extension.

Requested by:  Representatives Nesbitt and Diamont
CONSTRUCTION FUND LIMITATIONS
Sec. 37. (a)	With respect to funds appropriated in this act for construction of additional prison beds at Piedmont, Lumberton, Pender, Wayne, and Brown Creek, the Director of the Budget may increase or decrease the amount allocated to a particular institution within the aggregate amount of construction funds available.
(b)	With respect to funds appropriated to the Department of Administration for capital improvements and to the Department of Human Resources for construction of a detention center, the Office of State Construction of the Department of Administration may contract for and supervise all aspects of administration, technical assistance, design, construction, or demolition of facilities in order to implement the providing of facilities under the provisions of this act.
The facilities authorized under this act shall be constructed in accordance with the provisions of general law applicable to the construction of State facilities.  If the Secretary of Administration, after consultation with the Secretary of Correction, or with the Secretary of Human Resources, as applicable, finds that the delivery of facilities must be expedited for good cause, the Office of State Construction of the Department of Administration shall be exempt from the following statutes and rules implementing those statutes, to the extent necessary to expedite delivery: G.S. 143-135.26, 143-128, 143-129, 143-131, 143-132, 143-134, 113A-1 through 113A-10, 113A-50 through 113A-66, 133-1.1(g), and 143-408.1 through 143-408.7.
Prior to exercising the exemptions allowable under this section, the Secretary of Administration shall give reasonable notice in writing of the Department's intent to exercise the exemptions to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Chairs of the House and Senate Appropriations Committees, the Chairs of the House and Senate Appropriations Subcommittees on Justice and Public Safety, and the Fiscal Research Division.  The written notice shall contain at least the following information: (i) the specific statutory requirement or requirements from which the Department intends to exempt itself; (ii) the reason the exemption is necessary to expedite delivery of facilities; (iii) the way in which the Department anticipates the exemption will expedite the delivery of facilities; and (iv) a brief summary of the proposed contract for the project that is to be exempted.
The Office of State Construction of the Department of Administration shall have a verifiable ten percent (10%) goal for participation by minority- and women-owned businesses.  All contracts for the design, construction, or demolition of facilities shall include a penalty for failure to complete the work by a specified date.
The Office of State Construction of the Department of Administration shall involve the Department of Correction or the Department of Human Resources, as applicable, in all aspects of the projects to the extent that such involvement relates to the appropriate Department's program needs and to its responsibility for the care of the prison or juvenile population.
(c)	The Office of State Construction of the Department of Administration shall provide quarterly reports to the Chairs of the Appropriations Committee and the Base Budget Committee in the Senate, the Chairs of the Appropriations Committee in the House of Representatives, the Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division as to any changes in projects and allocations made under this act.  The report shall include any changes in the projects and allocations made pursuant to this act, information on which contractors have been selected, what contracts have been entered into, the projected and actual occupancy dates of facilities contracted for, the number of beds to be constructed on each project, the location of each project, and the projected and actual cost of each project.
The Department of Insurance and the Department of Correction shall report quarterly to the Joint Legislative Commission on Governmental Operations on their involvement in the construction program.

PART 15.  MISCELLANEOUS PROVISIONS

Requested by:  Representatives Nesbitt and Diamont
EFFECT OF HEADINGS
Sec. 38.  The headings to the Parts and sections of this act are a convenience to the reader and are for reference only.  The headings do not expand, limit, or define the text of this act.

Requested by:  Representatives Nesbitt and Diamont
EXECUTIVE BUDGET ACT REFERENCE
Sec. 39.  The provisions of the Executive Budget Act, Chapter 143, Article 1 of the General Statutes, are reenacted and shall remain in full force and effect and are incorporated in this act by reference.

Requested by:  Representatives Nesbitt and Diamont
MOST TEXT APPLIES ONLY TO 1993-95 BIENNIUM
Sec. 40.  Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1993-95 biennium, the textual provisions of this act shall apply only to funds appropriated for and activities occurring during the 1993-95 biennium.

Requested by:  Representatives Nesbitt and Diamont
SEVERABILITY CLAUSE
Sec. 41.  If any section or provision of this act is declared unconstitutional or invalid by the courts, it does not affect the validity of the act as a whole or any part other than the part so declared to be unconstitutional or invalid.

Requested by:  Representatives Nesbitt and Diamont 
1993-94 APPROPRIATIONS LIMITATIONS AND DIRECTIONS APPLY
Sec. 42.  Except where expressly repealed or amended by this act, the provisions of Chapters 321 and 561 of the 1993 Session Laws remain in effect.  Section 9 of Chapter 321 of the 1993 Session Laws does not apply to this act.

PART 16.  BRUTAL RAPE SENTENCES (3)

Sec. 116.1.  G.S. 14-27.2(b) reads as rewritten:
"(b)	Any person who commits an offense defined in this section is guilty of a Class B1 felony."
Sec. 116.2.  G.S. 14-27.4(b) reads as rewritten:
"(b)	Any person who commits an offense defined in this section is guilty of a Class B1 felony."
Sec. 116.3.  G.S. 14-17, as amended by Section 1127 of Chapter 539 of the 1993 Session Laws, reads as rewritten:
"§ 14-17.  Murder in the first and second degree defined; punishment.
A murder which shall be perpetrated by means of poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempted perpetration of any arson, rape or a sex offense, robbery, kidnapping, burglary, or other felony committed or attempted with the use of a deadly weapon shall be deemed to be murder in the first degree, a Class A felony, and any person who commits such murder shall be punished with death or imprisonment in the State's prison for life as the court shall determine pursuant to G.S. 15A-2000, except that any such person who was under 17 years of age at the time of the murder shall be punished with imprisonment in the State's prison for life.  Provided, however, any person under the age of 17 who commits murder in the first degree while serving a prison sentence imposed for a prior murder or while on escape from a prison sentence imposed for a prior murder shall be punished with death or imprisonment in the State's prison for life as the court shall determine pursuant to G.S. 15A-2000.  All other kinds of murder, including that which shall be proximately caused by the unlawful distribution of opium or any synthetic or natural salt, compound, derivative, or preparation of opium, or cocaine or other substance described in G.S. 90-90(a)4., when the ingestion of such substance causes the death of the user, shall be deemed murder in the second degree, and any person who commits such murder shall be punished as a Class B2 felon."
Sec. 116.4.  G.S. 14-20, as amended by Section 1129 of Chapter 539 of the 1993 Session Laws, read as rewritten:
"§ 14-20.  Killing adversary in duel; aiders and abettors declared accessories.
If any person fight a duel in consequence of a challenge sent or received, and either of the parties shall be killed, then the survivor, on conviction thereof, shall be punished as a Class B2 felon.  All their aiders and abettors shall be considered accessories before the fact.
Any person charged with killing an adversary in a duel may enter a plea of guilty to said charge in the same way and manner and under the conditions and restrictions set forth in G.S. 15-162.1 relating to pleas of guilty for first degree murder, first degree burglary, arson and rape."
Sec. 116.5.  G.S. 14-5.2 reads as rewritten:
"§ 14-5.2.  Accessory before fact punishable as principal felon.
All distinctions between accessories before the fact and principals to the commission of a felony are abolished. Every person who heretofore would have been guilty as an accessory before the fact to any felony shall be guilty and punishable as a principal to that felony. However, if a person who heretofore would have been guilty and punishable as an accessory before the fact is convicted of a capital felony, and the jury finds that his conviction was based solely on the uncorroborated testimony of one or more principals, coconspirators, or accessories to the crime, he shall be guilty of a Class B2 felony."
Sec. 116.6.  G.S. 15A-1371(a1), as amended by Section 22 of Chapter 538 of the 1993 Session Laws, reads as rewritten:
"(a1)	A prisoner serving a term of life imprisonment for a Class A felony is eligible for parole after serving 25 years.  A prisoner serving a term of life imprisonment for first degree rape or first degree sexual offense shall be imprisoned for the remainder of the prisoner's natural life.  This subsection applies to offenses committed on and after January 1, 1995."
Sec. 116.7.  G.S. 15A-1340.17, as enacted by Section 1 of Chapter 538 of the 1993 Session Laws and as amended by Sections 20 and 21 of Chapter 14 of the Session Laws of the 1994 Extra Session, reads as rewritten:
"§ 15A-1340.17.  Punishment limits for each class of offense and prior record level.
(a)	Offense Classification; Default Classifications. – The offense classification is as specified in the offense for which the sentence is being imposed.  If the offense is a felony for which there is no classification, it is a Class I felony.
(b)	Fines. – Any judgment that includes a sentence of imprisonment may also include a fine.  If a community punishment is authorized, the judgment may consist of a fine only.  Additionally, when the defendant is other than an individual, the judgment may consist of a fine only.  Unless otherwise provided, the amount of the fine is in the discretion of the court.
(c)	Punishments for Each Class of Offense and Prior Record Level; Punishment Chart Described. – The authorized punishment for each class of offense and prior record level is as specified in the chart below.  Prior record levels are indicated by the Roman numerals placed horizontally on the top of the chart.  Classes of offense are indicated by the letters placed vertically on the left side of the chart.  Each cell on the chart contains the following components:
(1)	A sentence disposition or dispositions: 'C' indicates that a community punishment is authorized; 'I' indicates that an intermediate punishment is authorized; 'A' indicates that an active punishment is authorized; and 'Life Imprisonment Without Parole' indicates that the defendant shall be imprisoned for the remainder of the prisoner's natural life.
(2)	A presumptive range of minimum durations, if the sentence of imprisonment is neither aggravated or mitigated; any minimum term of imprisonment in that range is permitted unless the court finds pursuant to G.S. 15A-1340.16 that an aggravated or mitigated sentence is appropriate.  The presumptive range is the middle of the three ranges in the cell.
(3)	A mitigated range of minimum durations if the court finds pursuant to G.S. 15A-1340.16 that a mitigated sentence of imprisonment is justified; in such a case, any minimum term of imprisonment in the mitigated range is permitted.  The mitigated range is the lower of the three ranges in the cell.
(4)	An aggravated range of minimum durations if the court finds pursuant to G.S. 15A-1340.16 that an aggravated sentence of imprisonment is justified; in such a case, any minimum term of imprisonment in the aggravated range is permitted.  The aggravated range is the higher of the three ranges in the cell.

PRIOR RECORD LEVEL

I	II	III	IV	V	VI
0 Pts	1-4 Pts	5-8 Pts	 9-14 Pts	15-18 Pts	19+ Pts

A	Life Imprisonment or Death as Established by Statute

A	A	A	A	A	A	DISPOSITION
240-300	288-360	336-420	384-480	Life Imprisonment	Aggravated
Without Parole
B1	192-240	230-288	269-336	307-384	346-433	384-480	PRESUMPTIVE
144-192	173-230	202-269	230-307	260-346	288-384	Mitigated

A	A	A	A	A	A	DISPOSITION 
135-169	163-204	190-238	216-270	243-304	270-338	Aggravated 
B2 108-135	130-163	152-190	173-216	194-243	216-270	PRESUMPTIVE 
81-108	 98-130	114-152	130-173	146-194	162-216	Mitigated 

A	A	A	A	A	A	DISPOSITION 
63-79	 86-108	100-125	115-144	130-162	145-181	Aggravated 
C	 50-63	 69-86	 80-100	 92-115	104-130	116-145	PRESUMPTIVE 
38-50	 52-69	 60-80	 69-92	 78-104	 87-116	Mitigated 

A	A	A	A	A	A	DISPOSITION 
55-69	 66-82	 89-111	101-126	115-144	126-158	Aggravated 
D	 44-55	 53-66	 71-89	 81-101	 92-115	101-126	PRESUMPTIVE 
33-44	 40-53	 53-71	 61-81	 69-92	76-101	Mitigated 

I/A	I/A	A	A	A	A	DISPOSITION 
25-31	 29-36	34-42	46-58	53-66	59-74	Aggravated 
E	 20-25	 23-29	27-34	37-46	42-53	47-59	PRESUMPTIVE 
15-20	 17-23	20-27	28-37	32-42	35-47	Mitigated 

I/A	I/A	I/A	A	A	A	DISPOSITION 
16-20	19-24	21-26	25-31	34-42	39-49	Aggravated 
F	13-16	15-19	17-21	20-25	27-34	31-39	PRESUMPTIVE 
10-13	11-15	13-17	15-20	20-27	23-31	Mitigated 

I/A	I/A	I/A	I/A	A	A	DISPOSITION 
13-16	15-19	16-20	20-25	21-26	29-36	Aggravated 
G	10-13	12-15	13-16	16-20	17-21	23-29	PRESUMPTIVE 
8-10	 9-12	10-13	12-16	13-17	17-23	Mitigated 

C/I	I	I/A	I/A	I/A	A	DISPOSITION 
6-8	8-10	10-12	11-14	15-19	20-25	Aggravated 
H	5-6	6-8	 8-10	 9-11	12-15	16-20	PRESUMPTIVE 
4-5	4-6	 6-8	 7-9	 9-12	12-16	Mitigated 

C	C/I	I	I/A	I/A	I/A	DISPOSITION 
6-8	6-8	6-8	8-10	9-11	10-12	Aggravated 
I	4-6	4-6	5-6	6-8	7-9	 8-10	PRESUMPTIVE 
3-4	3-4	4-5	4-6	5-7	 6-8	Mitigated 
(d)	Maximum Sentences Specified for Class F through Class I Felonies. – Unless provided otherwise in a statute establishing a punishment for a specific crime, for each minimum term of imprisonment in the chart in subsection (c) of this section, expressed in months, the corresponding maximum term of imprisonment, also expressed in months, is as specified in the table below for Class F through Class I felonies.  The first figure in each cell in the table is the minimum term and the second is the maximum term.

3-4 	4-5	5-6	6-8	7-9	8-10	9-11	10-12
11-14	12-15	13-16	14-17	15-18	16-20	17-21	18-22
19-23	20-24	21-26	22-27	23-28	24-29	25-30	26-32
27-33	28-34	29-35	30-36	31-38	32-39	33-40	34-41
35-42	36-44	37-45	38-46	39-47	40-48	41-50	42-51
43-52	44-53	45-54	46-56	47-57	48-58	49-59

(e)	Maximum Sentences Specified for Class B1 through Class E Felonies for Minimum Terms up to 339 Months. – Unless provided otherwise in a statute establishing a punishment for a specific crime, for each minimum term of imprisonment in the chart in subsection (c) of this section, expressed in months, the corresponding maximum term of imprisonment, also expressed in months, is as specified in the table below for Class B1 through Class E felonies.  The first figure in each cell of the table is the minimum term and the second is the maximum term.

15-27	16-29	17-30	18-31	19-32	20-33	21-35	22-36
23-37	24-38	25-39	26-41	27-42	28-43	29-44	30-45
31-47	32-48	33-49	34-50	35-51	36-53	37-54	38-55
39-56	40-57	41-59	42-60	43-61	44-62	45-63	46-65
47-66	48-67	49-68	50-69	51-71	52-72	53-73	54-74
55-75	56-77	57-78	58-79	59-80	60-81	61-83	62-84
63-85	64-86	65-87	66-89	67-90	68-91	69-92	70-93
71-95	72-96	73-97	74-98	75-99	76-101	77-102	78-103
79-104	80-105	81-107	82-108	83-109	84-110	85-111	86-113
87-114	88-115	89-116	90-117	91-119	92-120	93-121	94-122
95-123	96-125	97-126	98-127	99-128	100-129	101-131	102-132
103-133	104-134	105-135	106-137	107-138	108-139	109-140	110-141
111-143	112-144	113-145	114-146	115-147	116-149	117-150	118-151
119-152	120-153	121-155	122-156	123-157	124-158	125-159	126-161
127-162	128-163	129-164	130-165	131-167	132-168	133-169	134-170
135-171	136-173	137-174	138-175	139-176	140-177	141-179	142-180
143-181	144-182	145-183	146-185	147-186	148-187	149-188	150-189
151-191	152-192	153-193	154-194	155-195	156-197	157-198	158-199
159-200	160-201	161-203	162-204	163-205	164-206	165-207	166-209
167-210	168-211	169-212	170-213	171-215	172-216	173-217	174-218
175-219	176-221	177-222	178-223	179-224	180-225	181-227	182-228
183-229	184-230	185-231	186-233	187-234	188-235	189-236	190-237
191-239	192-240	193-241	194-242	195-243	196-245	197-246	198-247
199-248	200-249	201-251	202-252	203-253	204-254	205-255	206-257
207-258	208-259	209-260	210-261	211-263	212-264	213-265	214-266
215-267	216-269	217-270	218-271	219-272	220-273	221-275	222-276
223-277	224-278	225-279	226-281	227-282	228-283	229-284	230-285
231-287	232-288	233-289	234-290	235-291	236-293	237-294	238-295
239-296	240-297	241-299	242-300	243-301	244-302	245-303	246-305
247-306	248-307	249-308	250-309	251-311	252-312	253-313	254-314
255-315	256-317	257-318	258-319	259-320	260-321	261-323	262-324
263-325	264-326	265-327	266-329	267-330	268-331	269-332	270-333
271-335	272-336	273-337	274-338	275-339	276-341	277-342	278-343
279-344	280-345	281-347	282-348	283-349	284-350	285-351	286-353
287-354	288-355	289-356	290-357	291-359	292-360	293-361	294-362
295-363	296-365	297-366	298-367	299-368	300-369	301-371	302-372
303-373	304-374	305-375	306-377	307-378	308-379	309-380	310-381
311-383	312-384	313-385	314-386	315-387	316-389	317-390	318-391
319-392	320-393	321-395	322-396	323-397	324-398	325-399	326-401
327-402	328-403	329-404	330-405	331-407	332-408	333-409	334-410
335-411	336-413	337-414	338-415	339-416

(e1)	Maximum Sentences Specified for Class B1 through Class E Felonies for Minimum Terms of 340 Months or More. – Unless provided otherwise in a statute establishing a punishment for a specific crime, when the minimum sentence is 340 months or more, the corresponding maximum term of imprisonment shall be equal to the sum of the minimum term of imprisonment and twenty percent (20%) of the minimum term of imprisonment, rounded to the next highest month, plus nine additional months."
Sec. 116.8.  G.S. 15A-1368.1, as enacted by Section 20.1 of Chapter 538 of the 1993 Session Laws and as amended by Section 26 of Chapter 14 of the Session Laws of the 1994 Extra Session, reads as rewritten:
"§ 15A-1368.1.  Applicability of Article 84A.
This Article applies to all felons in Class B1 through Class E sentenced to an active punishment under Article 81B of this Chapter, but does not apply to felons in Class B1 sentenced to life imprisonment without parole.  Prisoners subject to Articles 85 and 85A of this Chapter are excluded from this Article's coverage."
Sec. 116.9.  G.S. 15A-1340.13(h), as enacted by Section 1 of Chapter 538 of the 1993 Session Laws and as amended by Section 19 of Chapter 14 of the Session Laws of the 1994 Extra Session, reads as rewritten:
"(h)	Exceptions When Extraordinary Mitigation Shall Not Be Used. – The court shall not impose an intermediate sanction pursuant to subsection (g) of this section if:
(1)	The offense is a Class A or Class B1 felony;
(2)	The offense is a drug trafficking offense under G.S. 90-95(h); or
(3)	The defendant has five or more points as determined by G.S. 15A-1340.14."
Sec. 116.10.  G.S. 15A-1340.14(b), as enacted by Section 1 of Chapter 538 of the 1993 Session Laws, reads as rewritten:
"(b)	Points. – Points are assigned as follows:
(1)	For each prior felony Class A conviction, 10 points.
(1a)	For each prior felony Class B1 conviction, 9 points.
(2)	For each prior felony Class B2, C, or D conviction, 6 points.
(3)	For each prior felony Class E, F, or G conviction, 4 points.
(4)	For each prior felony Class H or I conviction, 2 points.
(5)	For each prior Class 1 misdemeanor conviction, 1 point, except that convictions for Class 1 misdemeanor offenses under Chapter 20 of the General Statutes, other than conviction for misdemeanor death by vehicle (G.S. 20-141.4(a2)), shall not be assigned any points for purposes of determining a person's prior record for felony sentencing.
(6)	If all the elements of the present offense are included in the prior offense, 1 point.
(7)	If the offense was committed while the offender was on probation or parole, or while the offender was serving a sentence of imprisonment, or while the offender was on escape from a correctional institution while serving a sentence of imprisonment, 1 point."
Sec. 116.11.  G.S. 15A-1372(a), as amended by Section 23 of Chapter 538 of the 1993 Session Laws, reads as rewritten:
"(a)	Term of Parole. – The term of parole for any person released from imprisonment may be no greater than:
(1)	One year for a conviction for impaired driving under G.S. 20-138.1; or
(2)	Three years for a sentence of life imprisonment for which parole is allowed."
Sec. 116.12.  G.S. 143B-266(a), as amended by Section 42 of Chapter 538 of the 1993 Session Laws, reads as rewritten:
"(a)	There is hereby created a Post-Release Supervision and Parole Commission of the Department of Correction with the authority to grant paroles, including both regular and temporary paroles, to persons held by virtue of any final order or judgment of any court of this State as provided in Chapter 148 of the General Statutes and laws of the State of North Carolina, except that for persons sentenced under Article 81B of Chapter 15A of the General Statutes, only those sentenced to life imprisonment for first degree murder are eligible for parole.  The Commission shall also have authority to revoke, terminate, and suspend paroles of such persons (including persons placed on parole on or before the effective date of the Executive Organization Act of 1973) and to assist the Governor in exercising his authority in granting reprieves, commutations, and pardons, and shall perform such other services as may be required by the Governor in exercising his powers of executive clemency.  The Commission shall also have authority to revoke and terminate persons on post-release supervision, as provided in Article 84A of Chapter 15A of the General Statutes."
Sec. 116.13.  G.S. 14-2.5, as enacted by Section 6 of Chapter 538 of the 1993 Session Laws, reads as rewritten:
"§ 14-2.5.  Punishment for attempt to commit a felony or misdemeanor.
Unless a different classification is expressly stated, an attempt to commit a misdemeanor or a felony is punishable under the next lower classification as the offense which the offender attempted to commit.  An attempt to commit a Class A or Class B1 felony is a Class B2 felony, an attempt to commit a Class B2 felony is a Class C felony, an attempt to commit a Class I felony is a Class 1 misdemeanor, and an attempt to commit a Class 3 misdemeanor is a Class 3 misdemeanor."
Sec. 116.14.  G.S. 14-2.4(a), as amended by Section 5 of Chapter 538 of the 1993 Session Laws, reads as rewritten:
"(a)	Unless a different classification is expressly stated, a person who is convicted of a conspiracy to commit a felony is guilty of a felony that is one class lower than the felony he or she conspired to commit, except that a conspiracy to commit a Class A or Class B1 felony is a Class B2 felony, a conspiracy to commit a Class B2 felony is a Class C felony, and a conspiracy to commit a Class I felony is a Class 1 misdemeanor."
Sec. 116.15.  G.S. 14-2.6(a), as enacted by Section 6.1 of Chapter 538 of the 1993 Session Laws, reads as rewritten:
"(a)	Unless a different classification is expressly stated, a person who solicits another person to commit a felony is guilty of a felony that is two classes lower than the felony the person solicited the other person to commit, except that a solicitation to commit a Class A or Class B1 felony is a Class C felony, a solicitation to commit a Class B2 felony is a Class D felony, a solicitation to commit a Class H felony is a Class 1 misdemeanor, and a solicitation to commit a Class I felony is a Class 2 misdemeanor."
Sec. 116.16.  This Part becomes effective on the same date that Chapter 538 of the 1993 Session Laws becomes effective except that Sections 116.6, 116.11, and 116.12 of this act shall not become effective if Senate Bill 2 of the 1994 Extra Session is ratified.  This Part applies to offenses occurring on or after the effective date of this Part.  Prosecutions for offenses committed before the effective date of this Part are not abated or affected by this Part, and the statutes that would be applicable but for this Part remain applicable to those prosecutions.

PART 17.  MODIFY HABITUAL FELON LAW (6)

Sec. 117.1.  G.S. 14-7.6 reads as rewritten:
"§ 14-7.6.  Sentencing of habitual felons.
When an habitual felon as defined in this Article commits any felony under the laws of the State of North Carolina, the felon must, upon conviction or plea of guilty under indictment as provided in this Article (except where the death penalty or a sentence of life imprisonment is imposed) be sentenced as a Class C felon.  In determining the prior record level, convictions used to establish a person's status as an habitual felon shall not be used.  Sentences imposed under this Article shall run consecutively with and  shall commence at the expiration of any sentence being served by the person sentenced under this section."
Sec. 117.2.  Section 9 of Chapter 538 of the 1993 Session Laws is repealed.
Sec. 117.3.  This Part becomes effective on the same date that Chapter 538 of the 1993 Session Laws becomes effective, and applies to offenses committed on or after that date.  Prosecutions for, or sentences based on, offenses committed before the effective date of this Part are not abated or affected by this Part, and the statutes that would be applicable to those prosecutions or sentences but for the provisions of this Part remain applicable to those prosecutions or sentences.

PART 18.  AMEND FELONY FIREARMS ACT (8)

Sec. 118.1.  G.S. 14-415.1 reads as rewritten:
"§ 14-415.1.  Possession of firearms, etc., by felon prohibited.
(a)	Except as provided in subsection (a1), and notwithstanding any restoration of citizenship, it  is unlawful for any person who has been convicted of any crime set out in subsection (b) of this section, to purchase, own, possess, or have in the person's custody, care, or control any firearm or any weapon of mass death and destruction as defined in G.S. 14-288.8(c).
Every person violating the provisions of this section is a Class H felon.
Any firearm or weapon of mass death and destruction lawfully seized for a violation of this section shall be forfeited to the State and disposed of as provided in G.S. 14-269.1.
(a1)	After a period of 10 years from the date of conviction, unconditional discharge from a correctional institution, or termination of parole, probation, or suspension of sentence, whichever is later, a person subject to the provisions of subsection (a) may petition the superior court in the jurisdiction in which the person resides for a permit to purchase, own, possess, or control a firearm, other than a weapon of mass death and destruction.  The court may, for good cause shown and upon a finding that public safety would not be jeopardized, grant the petition and issue a permit.  If the court grants the petition, it shall decide the places and circumstances under which the person may purchase, own, possess, or control the firearm, and the permit shall specify those places and circumstances.  However, under no circumstances shall the court issue a permit to purchase, own, possess or control a handgun to a person who has previously been convicted of a Class A, B, C, D or E felony.
(b)	Prior convictions which cause disentitlement under this section shall include only:
(1)	Felonies; and
	(3)	Violations of criminal laws of other states or of the United States substantially similar to the crimes covered in subdivision (1) which are punishable where committed by imprisonment for a term exceeding two years.
When a person is charged under this section, records of prior convictions of any offense, whether in the courts of this State, or in the courts of any other state or of the United States, shall be admissible in evidence for the purpose of proving a violation of this section.  The term 'conviction' is defined as a final judgment in any case in which felony punishment, or imprisonment for a term exceeding two years, as the case may be, is permissible, without regard to the plea entered or to the sentence imposed.  A judgment of a conviction or a plea of guilty to such an offense certified to a superior court of this State from the custodian of records of any state or federal court under the same name as that by which the defendant is charged shall be prima facie evidence that the identity of such person is the same as the defendant so charged and shall be prima facie evidence of the facts so certified.
(c)	The indictment charging the defendant under the terms of this section shall be separate from any indictment charging him with other offenses related to or giving rise to a charge under this section.  An indictment which charges the person with violation of this section must set forth the date that the prior offense was committed, the type of offense and the penalty therefor, and the date that the defendant was convicted or plead guilty to such offense, the identity of the court in which the conviction or plea of guilty took place and the verdict and judgment rendered therein.
(d)	The provisions of this section shall not apply to a conviction of a crime covered in subdivision (1) of subsection (b) of this section after the person has received a pardon for that conviction from the Governor, unless the purchase, ownership, possession, custody, care, or control of a firearm would violate a condition of the pardon.  The provisions of this section shall not apply to a conviction of a crime under the laws of the United States covered in subdivision (3) of subsection (b) of this section after the person has received a pardon for that conviction from the President of the United States, unless the purchase, ownership, possession, custody, care, or control of a firearm would violate a condition of the pardon.
(e)	Any person certified as of May 1, 1994, as a criminal justice officer under Chapter 17C of the General Statutes or any person issued a firearm registration permit on or before May 1, 1994, by the Private Protection Services Board under Chapter 74C of the General Statutes is exempt from this section."
Sec. 118.2.  Section 1245 of Chapter 539 of the 1993 Session Laws is repealed.
Sec. 118.3.  Section 118.2 of this act is effective upon ratification.  The remainder of this Part becomes effective May 1, 1994, and applies to offenses committed on or after that date.

PART 19.  INCREASE FIREARM PENALTY (9)

Sec. 119.1.  G.S. 14-2.2 reads as rewritten:
"§ 14-2.2.  
Sentencing of a person convicted of a Class A, B, C, D, or E felony who used, displayed, or threatened to use or display a firearm during the commission of the crime; confiscation and disposition of a firearm used in a felony.
(a)	If a person is convicted of a Class A, B, C, D, or E felony and the person used, displayed, or threatened to use or display a firearm during the commission of the felony, the person shall, in addition to the punishment for the underlying felony, be sentenced to imprisonment for five years.
The court shall not sentence a person sentenced under this section as a committed youthful offender.  The court shall not suspend any sentence imposed under this section and shall not place a person sentenced under this section on probation for the sentence imposed under this section.  Sentences imposed pursuant to this section shall be consecutive to all other sentences imposed and shall begin at the expiration of any other sentence being served by the person.
(b)	Subsection (a) of this section does not apply in any of the following circumstances:
(1)	The person is not sentenced to an active term of imprisonment.
(2)	The evidence of the use, display, or threatened use or display of a firearm is needed to prove an element of the underlying Class A, B, C, D, or E felony.
(3)	The person did not actually possess a firearm about his or her person.
(c)	When a person is found to have personally used a firearm in the commission or attempted commission of a felony and the firearm is owned by that person, or the serial number on the firearm has been defaced such that ownership is not traceable, the court shall order that the firearm be confiscated and disposed of in any of the ways provided by G.S. 14-269.1 that the court in its discretion deems appropriate.
(d)	Subsection (a) of this section does not apply to the following felonies:
(1)	G.S. 14-49(b).  Malicious use of explosive or incendiary.
(2)	G.S. 14-59.  Burning of certain public buildings.
(3)	G.S. 14-60.  Burning of schoolhouses or buildings of educational institutions.
(4)	G.S. 14-61.  Burning of certain bridges and buildings.
(5)	G.S. 14-62.  Burning of churches and certain other buildings.
(6)	G.S. 14-62.1.  Burning of building or structure in process of construction.
(7)	G.S. 53-129.  Misapplication of bank funds by officer or employee."
Sec. 119.2.  (a) G.S. 14-2.2(a), as amended by Section 119.1 of this act, reads as rewritten:
"(a)	If a person is convicted of a Class A, B, C, D, or E felony and the person used, displayed, or threatened to use or display a firearm during the commission of the felony, the person shall, in addition to the punishment for the underlying felony, be sentenced to a minimum term of imprisonment for 60 months as provided by G.S. 15A-1340.16A.  Evidence of the use, display, or threatened use or display of a firearm that is needed to prove an element of the underlying felony shall not be used to establish the enhancement under this section.
The court shall not suspend any sentence imposed under this section and shall not place a person sentenced under this section on probation for the sentence imposed under this section.  Sentences imposed pursuant to this section shall be consecutive to all other sentences imposed and shall begin at the expiration of any other sentence being served by the person."
(b) G.S. 14-2.2(d), as amended by Section 119.1 of this act, is repealed.
(c)	Section 4 of Chapter 538 of the 1993 Session Laws is repealed.
Sec. 119.3.  Part 2 of Article 81B of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A-1340.16A.  Enhanced sentence if defendant is convicted of a Class A, B, C, D, or E felony and the defendant used, displayed, or threatened to use or display a firearm during the commission of the felony.
(a)	If a person is convicted of a Class A, B, C, D, or E felony and the court finds that the person used, displayed, or threatened to use or display a firearm at the time of the felony, the court shall increase the minimum term of imprisonment to which the person is sentenced by 60 months.  The court shall not suspend the 60-month minimum term of imprisonment imposed as an enhanced sentence under this section and shall not place any person sentenced under this section on probation for the enhanced sentence.
(b)	Subsection (a) of this section does not apply in any of the following circumstances:
(1)	The person is not sentenced to an active term of imprisonment.
(2)	The evidence of the use, display, or threatened use or display of a firearm is needed to prove an element of the underlying Class A, B, C, D, or E felony.
(3)	The person did not actually possess a firearm about his or her person."
Sec. 119.4.  G.S. 15A-1340.4(a)(1) reads as rewritten:
"(1)	Aggravating factors:
a.	The defendant induced others to participate in the commission of the offense or occupied a position of leadership or dominance of other participants.
b.	The offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.
c.	The defendant was hired or paid to commit the offense.
d.	The offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.
e.	The offense was committed against a present or former: law enforcement officer, employee of the Department of Correction, jailer, fireman, emergency medical technician, ambulance attendant, justice or judge, clerk or assistant or deputy clerk of court, magistrate, prosecutor, juror, or witness against the defendant, while engaged in the performance of his official duties or because of the exercise of his official duties.
f.	The offense was especially heinous, atrocious, or cruel.
g.	The defendant knowingly created a great risk of death to more than one person by means of a weapon or device which would normally be hazardous to the lives of more than one person.
h.	The defendant held public office at the time of the offense and the offense related to the conduct of the office.
i.	The defendant was armed with or used a deadly weapon at the time of the crime.
j.	The victim was very young, or very old, or mentally or physically infirm.
k.	The defendant committed the offense while on pretrial release on another felony charge.
l.	The defendant involved a person under the age of 16 in the commission of the crime.
m.	The offense involved an attempted or actual taking of property of great monetary value or damage causing great monetary loss, or the offense involved an unusually large quantity of contraband.
n.	The defendant took advantage of a position of trust or confidence to commit the offense.
o.	The defendant has a prior conviction or convictions for criminal offenses punishable by more than 60 days' confinement.  Such convictions include those occurring in North Carolina courts and courts of other states, the District of Columbia, and the United States, provided that any crime for which the defendant was convicted in a jurisdiction other than North Carolina would have been a crime if committed in this State.  Such prior convictions do not include any crime that is joinable, under G.S. Chapter 15A, with the crime or crimes for which the defendant is currently being sentenced.
p.	The offense involved the sale or delivery of a controlled substance to a minor.
q.	The offense was committed because of the race, color, religion, nationality, or country of origin of another person.
r.	The offense for which the defendant stands convicted was committed against a victim because of the victim's race, color, religion, nationality, or country of origin.
Evidence necessary to prove an element of the offense may not be used to prove any factor in aggravation, and the same item of evidence may not be used to prove more than one factor in aggravation.  Evidence necessary to establish that an enhanced sentence is required under G.S. 14-2.2 may not be used to prove any factor in aggravation.
The judge may not consider as an aggravating factor the fact that the defendant exercised his right to a jury trial."
Sec. 119.5.  G.S. 15A-1340.16(d) reads as rewritten:
"(d)	Aggravating Factors. – The following are aggravating factors:
(1)	The defendant induced others to participate in the commission of the offense or occupied a position of leadership or dominance of other participants.
(2)	The defendant joined with more than one other person in committing the offense and was not charged with committing a conspiracy.
(3)	The offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.
(4)	The defendant was hired or paid to commit the offense.
(5)	The offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.
(6)	The offense was committed against a present or former: law enforcement officer, employee of the Department of Correction, jailer, fireman, emergency medical technician, ambulance attendant, justice or judge, clerk or assistant or deputy clerk of court, magistrate, prosecutor, juror, or witness against the defendant, while engaged in the performance of that person's official duties or because of the exercise of that person's official duties.
(7)	The offense was especially heinous, atrocious, or cruel.
(8)	The defendant knowingly created a great risk of death to more than one person by means of a weapon or device which would normally be hazardous to the lives of more than one person.
(9)	The defendant held public office at the time of the offense and the offense related to the conduct of the office.
(10)	The defendant was armed with or used a deadly weapon at the time of the crime.
(11)	The victim was very young, or very old, or mentally or physically infirm, or handicapped.
(12)	The defendant committed the offense while on pretrial release on another charge.
(13)	The defendant involved a person under the age of 16 in the commission of the crime.
(14)	The offense involved an attempted or actual taking of property of great monetary value or damage causing great monetary loss, or the offense involved an unusually large quantity of contraband.
(15)	The defendant took advantage of a position of trust or confidence to commit the offense.
(16)	The offense involved the sale or delivery of a controlled substance to a minor.
(17)	The offense for which the defendant stands convicted was committed against a victim because of the victim's race, color, religion, nationality, or country of origin.
(18)	The defendant does not support the defendant's family.
(19)	The serious injury inflicted upon the victim is permanent and debilitating.
(20)	Any other aggravating factor reasonably related to the purposes of sentencing.
Evidence necessary to prove an element of the offense shall not be used to prove any factor in aggravation, and the same item of evidence shall not be used to prove more than one factor in aggravation.  Evidence necessary to establish that an enhanced sentence is required under G.S. 14-2.2 may not be used to prove any factor in aggravation.
The judge shall not consider as an aggravating factor the fact that the defendant exercised the right to a jury trial."
Sec. 119.6. G.S. 14-269.1 reads as rewritten:
"§ 14-269.1.  Confiscation and disposition of deadly weapons.
Upon conviction of any person for violation of G.S. 14-2.2, 14-269, 14-269.7, or any other offense involving the use of a deadly weapon of a type referred to in G.S. 14-269, the deadly weapon with reference to which the defendant shall have been convicted shall be ordered confiscated and disposed of by the presiding judge at the trial in one of the following ways in the discretion of the presiding judge.
(1)	By ordering the weapon returned to its rightful owner, but only when such owner is a person other than the defendant and has filed a petition for the recovery of such weapon with the presiding judge at the time of the defendant's conviction, and upon a finding by the presiding judge that petitioner is entitled to possession of same and that he was unlawfully deprived of the same without his consent.
(2)	By ordering the weapon turned over to a law-enforcement agency in the county of trial for the official use of such agency, but only upon the written request by the head or chief of such agency.  The clerk of the superior court of such county shall maintain a record of such weapons and the law-enforcement agency receiving them.
(3)	By ordering the weapon turned over to the sheriff of the county in which the trial is held to be sold as herein provided.  Under the direction of the sheriff, the weapon shall be sold at public auction after one advertisement in a newspaper having general circulation in the county which advertisement shall be at least seven days prior to sale.  The proceeds of such sale shall go to the general fund of the county in which such weapons are sold.  The sheriff shall maintain a record and inventory of all such weapons received and sold by him.  Sales of such weapons by the sheriff shall be held at least once each year.
(4)	By ordering such weapon turned over to the sheriff of the county in which the trial is held or his duly authorized agent to be destroyed.  The sheriff shall maintain a record of the destruction thereof.
(5)	By ordering such weapon turned over to the North Carolina State Bureau of Investigation's Crime Laboratory Weapons Reference Library for official use by that agency.  The State Bureau of Investigation shall maintain a record and inventory of all such weapons received.
(6)	By ordering such weapons turned over to the North Carolina Justice Academy for official use by that agency.  The North Carolina Justice Academy shall maintain a record and inventory of all such weapons received."
Sec. 119.7.  Sections 119.1, 119.4, and 119.6 of this act become effective May 1, 1994, and apply to offenses committed on or after the date of ratification.  The remainder of this Part becomes effective on the date that Section 56 of Chapter 538 of the 1993 Session Laws provides that that act becomes effective, and applies to offenses committed on or after that date.  Prosecutions for, or sentences based on, offenses committed before the effective dates of this Part are not abated or affected by this Part, and the statutes that would be applicable to those prosecutions or sentences but for the provisions of this Part remain applicable to those prosecutions or sentences.

PART 20.  TRANSFER JUVENILES 13 YEARS OF AGE (28)

Sec. 120.1.  G.S. 7A-608 reads as rewritten:
"§ 7A-608.  Transfer of jurisdiction of juvenile to superior court.
	The court after notice, hearing, and a finding of probable cause may transfer jurisdiction over a juvenile to superior court if the juvenile was 13 years of age or older at the time the juvenile allegedly committed an offense that would be a felony if committed by an adult. If the alleged felony constitutes a Class A felony and the court finds probable cause, the court shall transfer the case to the superior court for trial as in the case of adults."
Sec. 120.2.  G.S. 7A-609(a) reads as rewritten:
"(a)	The court shall conduct a hearing to determine probable cause in all felony cases in which a juvenile was 13 years of age or older when the offense was allegedly committed. Counsel for the juvenile may waive in writing the right to the hearing and stipulate to a finding of probable cause. The court may exclude the public from the hearing unless the juvenile moves that the hearing be open, which motion shall be granted."
Sec. 120.3.  G.S. 7A-610(a) reads as rewritten:
"(a)	If probable cause is found and transfer to superior court is not required by G.S. 7A-608, the prosecutor or the juvenile may move that the case be transferred to the superior court for trial as in the case of adults.  The judge may proceed to determine whether the needs of the juvenile or the best interest of the State will be served by transfer of the case to superior court for trial as in the case of adults. When the case is transferred to superior court, the superior court has jurisdiction over that felony, any offense based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan of that felony, and any greater or lesser included offense of that felony."
Sec. 120.4.  G.S. 7A-601 reads as rewritten:
"§ 7A-601. Destruction of records resulting from nontestimonial identification procedures.
The results of any nontestimonial identification procedures shall be retained or disposed of as follows:
(1)	If a petition is not filed against a juvenile who has been the subject of nontestimonial identification procedures, all records of the evidence shall be destroyed.
(2)	If in the district court or superior court pursuant to a transfer a juvenile is found not guilty, all records resulting from a nontestimonial order shall be destroyed. Further, in the case of a juvenile who is under 13 years of age and who is adjudicated to have committed a delinquent act, which would be less than a felony had the juvenile been an adult, all records shall be destroyed.
(3)	If a juvenile 13 years of age or older is found to have committed a delinquent act that would be a felony if committed by an adult, all records resulting from a nontestimonial order may be retained in the court file. Special precautions shall be taken to ensure that these records will be maintained in such a manner and under such safeguards as to limit their use to inspection for comparison purposes by law-enforcement officers only in the investigation of a crime.
(4)	If the juvenile is transferred to superior court, all records resulting from nontestimonial identification procedures shall be processed as in the case of an adult.
(5)	Any evidence seized pursuant to a nontestimonial order shall be retained by law-enforcement officers until further order is entered by the court.
(6)	Destruction of nontestimonial identification records pursuant to this section shall be performed by the law-enforcement agency having possession of such records. Following destruction, the law-enforcement agency shall make written certification to the court of the destruction."
Sec. 120.5.  The Juvenile Code Committee of the Legislative Research Commission is authorized to study the issue of whether district courts should be mandated to transfer jurisdiction of juveniles who have committed certain serious or violent felony offenses to superior court for trial as in the case of adults upon a finding of probable cause.  The Committee may also study the issue of the proper age of juveniles mandatorily transferred to superior court for trial as in the case of adults.  The Committee may submit an interim report of its findings and recommendations to the 1994 Regular Session of the 1993 General Assembly and shall submit a final report to the 1995 General Assembly.
Sec. 120.6.  Sections 120.1 through 120.4 of this act become effective May 1, 1994, and apply to offenses committed on or after that date.  The remainder of this Part is effective upon ratification.

PART 21.  THREE STRIKES YOU'RE IN (39)

Sec. 121.1. Chapter 14 of the General Statutes is amended by adding a new Article to read:
"ARTICLE 2B.
"Violent Habitual Felons.
"§ 14-7.7.  Persons defined as violent habitual felons.
(a)	Any person who has been convicted of two violent felonies in any federal court, in a court of this or any other state of the United States, or in a combination of these courts is declared to be a violent habitual felon.  For purposes of this Article,  'convicted' means the person has been adjudged guilty of or has entered a plea of guilty or no contest to the violent felony charge, and judgment has been entered thereon when such action occurred on or after July 6, 1967.  This Article does not apply to a second violent felony unless it is committed after the conviction or plea of guilty or no contest to the first violent felony.  Any felony to which a pardon has been extended shall not, for the purposes of this Article, constitute a felony.  The burden of proving a pardon shall rest with the defendant, and this State shall not be required to disprove a pardon.  Conviction as an habitual felon shall not, for purposes of this Article, constitute a violent felony.
(b)	For purposes of this Article, 'violent felony' includes the following offenses:
(1)	a.	Murder in the first and second degrees, G.S. 14-17.
b.	Voluntary manslaughter, G.S. 14-18.
c.	Killing an adversary in a duel, G.S. 14-30.
d.	First degree rape, G.S. 14-27.2.
e.	Second degree rape, G.S. 14-27.3.
f.	First degree sexual offense, G.S. 14-27.4.
g.	Second degree sexual offense, G.S. 14-27.5.
h.	Intercourse and sexual offense by a parent or custodian, G.S. 14-27.7.
i.	Malicious castration, G.S. 14-28.
j.	Castration or maiming without malice aforethought, G.S. 14-29.
k.	Malicious maiming, G.S. 14-30.
l.	Malicious throwing of acid or alkali, G.S. 14-30.1.
m.	Malicious assaulting in a secret manner, G.S. 14-31.
n.	Any felony assault set forth in G.S. 14-32.
o.	Felony assault on a handicapped person, G.S. 14-32.
p.	Patient abuse and neglect, negligent or intentional, G.S. 14-32.2.
q.	Discharging firearm in occupied property, G.S. 14-34.1.
r.	Adulterated or misbranded foods or drugs, G.S. 14-34.4.
s.	Kidnapping in the first or second degree, G.S. 14-39.
t.	Malicious use of explosive or incendiary devices, G.S. 14-49.
u.	Malicious damage of occupied property by the use of explosive, G.S. 14-49.1.
v.	Burglary in the first or second degree, G.S. 14-51.
w.	Breaking out of a dwelling house, G.S. 14-53.
x.	Burglary with explosives, G.S. 14-57.
y.	Arson in the first or second degree, G.S. 14-58.
z.	Burning of a mobile home, manufactured housing, or recreational trailer, G.S. 14-58.2.
aa.	Burning of public building, G.S. 14-59.
bb.	Burning of a schoolhouse or building of an educational institution, G.S. 14-60.
cc.	Burning of bridges and buildings, G.S. 14-61.
dd.	Burning of churches and other buildings, G.S. 14-62.
ee.	Burning of building or structure in the process of construction, G.S. 14-62.1.
gg.	Robbery with a firearm or dangerous weapon, G.S. 14-87.
hh.	Train robbery, G.S. 14-88.
ii.	Contaminating a public water supply, G.S. 14-159.1.
jj.	Felonious child abuse, G.S. 14-318.4.
kk.	First degree sexual exploitation of a minor, G.S. 14-190.16.
ll.	Distribution of adulterated food, G.S. 14-401.11.
mm.	Manufacture, sale, or delivery or possess with intent to manufacture, sell, or deliver a controlled substance within 300 feet of a school, G.S. 90-95(e)(8).
nn.	Selling and delivery of controlled substance by a person 18 or over to a person under 16, G.S. 90-95.
oo.	Discharge of oil or hazardous substance placing another in danger of death or serious bodily injury, G.S. 143-225.88(b).
(2)	Any repealed or superseded offense substantially equivalent to the offenses listed in subdivision (1).
(3)	Any offense committed in another jurisdiction substantially equivalent to the offenses set forth in subdivision (1) or (2).
"§ 14-7.8.  Punishment.
When a person is charged by indictment with the commission of a violent felony and is also charged with being a violent habitual felon as defined in G.S. 14-7.7, the person must, upon conviction, be sentenced in accordance with this Article, except in those cases where the death penalty is imposed.
"§ 14-7.9.  Charge of violent habitual felon.
An indictment that charges a person who is a violent habitual felon within the meaning of G.S. 14-7.7 with the commission of any violent felony must, in order to sustain a conviction of violent habitual felon, also charge that the person is a violent habitual felon.  The indictment charging the defendant as a violent habitual felon shall be separate from the indictment charging the defendant with the principal violent felony.  An indictment that charges a person with being a violent habitual felon must set forth the date that prior violent felonies were committed, the name of the state or other sovereign against whom the violent felonies were committed, the dates of convictions of the violent felonies, and the identity of the court in which the convictions took place.  A defendant charged with being a violent habitual felon in a bill of indictment shall not be required to go to trial on that charge within 20 days after the finding of a true bill by the grand jury unless the defendant waives this 20-day period.
"§ 14-7.10.  Evidence of prior convictions of violent felonies.
In all cases where a person is charged under this Article with being a violent habitual felon, the records of prior convictions of violent felonies shall be admissible in evidence, but only for the purpose of proving that the person has been convicted of former violent felonies.  A prior conviction may be proved by stipulation of the parties or by the original or a certified copy of the court record of the prior conviction.  The original or certified copy of the court record, bearing the same name as that by which the defendant is charged, shall be prima facie evidence that the defendant named therein is the same as the defendant before the court, and shall be prima facie evidence of the facts set out therein.
"§ 14-7.11.  Verdict and judgment.
When an indictment charges a violent habitual felon with a violent felony as provided in this Article and an indictment also charges that the person is a violent habitual felon as provided in this Article, the defendant shall be tried for the principal violent felony as provided by law.  The indictment that the person is a violent habitual felon shall not be revealed to the jury unless the jury finds that the defendant is guilty of the principal violent felony or another violent felony with which the defendant is charged.  If the jury finds the defendant guilty of a violent felony, the bill of indictment charging the defendant as a violent habitual felon may be presented to the same jury.  Except that the same jury may be used, the proceedings shall be as if the issue of violent habitual felon were a principal charge.  If the jury finds that the defendant is a violent habitual felon, the trial judge shall enter judgment according to the provisions of this Article.  If the jury finds that the defendant is not a violent habitual felon, the trial judge shall pronounce judgment on the principal violent felony or felonies as provided by law.
"§ 14-7.12.  Sentencing of violent habitual felons.
A person who is convicted of a violent felony and of being a violent habitual felon must, upon conviction (except where the death penalty is imposed), be sentenced to life in the State's prison, without parole.  Life without parole means that the person will spend the remainder of the person's natural life in prison.  The sentencing judge may not suspend the sentence and may not place the person sentenced on probation.  Sentences for violent habitual felons imposed under this Article shall run consecutively with and shall commence at the expiration of any other sentence being served by the person."
Sec. 121.2.  Effective on the date Chapter 538 of the 1993 Session Laws becomes effective, G.S. 14-7.7(b), as enacted by Section 121.1 of this act, reads as rewritten:
"(	
																																											(b)	For purposes of this Article, 'violent felony' includes the following offenses:
(1)	All Class A through E felonies.
(2)	Any repealed or superseded offense substantially equivalent to the offenses listed in subdivision (1).
(3)	Any offense committed in another jurisdiction substantially equivalent to the offenses set forth in subdivision (1) or (2)."
Sec. 121.3.  G.S. 15A-1370.1 reads as rewritten:
"§ 15A-1370.1.  Applicability of Article 85.
This Article applies to all sentenced prisoners, including Class A and Class B felons, and Class C felons who receive a sentence of life imprisonment, who are not subject to Article 85A of this Chapter, but shall not apply to prisoners who receive life imprisonment without parole.  A person serving a sentence of life imprisonment without parole shall not be eligible for parole at any time."
Sec. 121.4.  G.S. 15A-1370.1, as amended by Section 21 of Chapter 538 of the 1993 Session Laws, reads as rewritten:
"§ 15A-1370.1.  Applicability of Article 85.
This Article is applicable to all prisoners serving sentences of imprisonment for convictions of impaired driving under G.S. 20-138.1 and prisoners serving sentences of life imprisonment.  This Article does not apply to a person serving a sentence of life imprisonment without parole.  A person serving a sentence of life imprisonment without parole shall not be eligible for parole at any time."
Sec. 121.5.  G.S. 15A-1340.10, as amended by Section 1 of Chapter 538 of the 1993 Session Laws, reads as rewritten:
"§ 15A-1340.10.  Applicability of structured sentencing.
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, 1995.  This Article does not apply to violent habitual felons sentenced under Article 2B of Chapter 14 of the General Statutes."
Sec. 121.6.  Sections 121.1 and 121.6 of this act become effective May 1, 1994.  Section 121.3 of this act becomes effective May 1, 1994, and expires on the date that Chapter 538 of the 1993 Session Laws becomes effective, but prosecution for, or sentences based on, offenses occurring before that date are not abated or affected by the expiration of that section.  Sections 121.2, 121.4, and 121.5 of this act become effective on the date that Chapter 538 of the 1993 Session Laws becomes effective.  Prosecution for, or sentences based on, offenses occurring before the effective date of this Part are not abated or affected by the repeal or amendment in this Part of any statute, and the statutes that would be applicable to those prosecutions or sentences but for the provisions of this Part remain applicable to those prosecutions or sentences.

Requested by: Representatives Nesbitt and Diamont
EFFECTIVE DATE
Sec. 122.  Except as otherwise provided, this act is effective upon ratification.