GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

H	4 

HOUSE BILL 39
Committee Substitute Favorable 2/21/94
Committee Substitute #2 Favorable 3/18/94
Senate Appropriations Committee Substitute Adopted 3/22/94

Short Title:  Crime Control & Budget 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 ESTABLISH CRIME PREVENTION AND ENHANCED PUNISHMENT INITIATIVES, TO AMEND THE LAW TO ENHANCE CRIME CONTROL, AND TO APPROPRIATE FUNDS FOR CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS TO CARRY OUT THE PURPOSES OF THIS ACT TO INCREASE THE PUNISHMENT FOR CERTAIN OFFENSES.
The General Assembly of North Carolina enacts:

TITLE I.  APPROPRIATIONS AND SPECIAL PROVISIONS
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 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.

Requested by:  Senators Daniel and Plyler
PART 2.  TITLE OF ACT
Sec. 3.  This act shall be known as the Budget Modification and Crime Control 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: Current Operations - General Fund	1993-94	1994-95

General Assembly
01.	Create the Legislative Commission
on the Causes of Crime (S56)	$   -     	$  75,000	NR
02.	Create the Joint Legislative
Corrections Oversight
Committee (S76)	  -     	25,000	NR
	03.	Create the Legislative Study
Commission on Farm
Camp Programs (S98)	25,000	NR	        -   
04.	Create a Legislative Study
on Welfare Reform (S82)	  20,000	NR	  40,000	NR
Total General Assembly	45,000	140,000

Judicial Department
01.	Structured Sentencing Act
effective January 1, 1995–
a.	Community Penalties (5 positions)	1,831,375
(Hire 7/1/94 and 10/1/94)	44,622	NR
b.	Legal and administrative
costs (40 positions)
(Hire 10/1/94)	-     	1,290,983
	           	 	    864,973	NR
02.	Provide access to the Police
Information Network (PIN) to district
attorneys throughout the
State (S85)	30,000	NR	-     
03.	Continue funding of the
Mecklenburg County Drug
Court program when the
Governor's Crime Commission
grant expires March 31, 1995
(S35)	-     	231,334
04.	Provide one additional
assistant district attorney in
13th Judicial District (Bladen,
Brunswick, Columbus) (S35)	-     	59,927
05.	Provide one additional special
superior court judge effective
July 1, 1994 (S35)	     -     	   115,407

Total Judicial Department	30,000	4,438,621

Office of the Governor
Office of State Budget and Management
01.	Development of a statewide
Criminal Justice Information
Network (CJIN) (S33)	100,000	930,000
Total Office of the Governor	100,000	930,000

Public Education
State Aid to Local School
Administrative Units
01.	Grants to "Support Our
Students" (S.O.S) Pilot Projects
(S18)	   -      	5,000,000
02.	Alternative Schools Grant
Program (S42)	      -      	  2,000,000
Total Public Education	-      	7,000,000

Department of Justice
01.	Implement and evaluate pilot
programs established in the
N.C. Drug Treatment Court
Program Act (S36)	-     	800,000
02.	Establish five new positions
to be assigned to the Department
of Correction–Attorney I,
Attorney II, (2) Paralegal II, and
Administrative Assistant III
(S139)	-     	202,628

	      -     	     22,580	NR
Total Department of Justice	-     	1,025,208

Department of Human Resources
DHR - Secretary
01.	Family Resource Center
Grant Program - Maximum Grant
$37,500 and $180,000
administrative costs (S18)	-     	2,055,000
02.	Conduct a comprehensive study of
the Division of Youth Services'
Juvenile Justice System (S24)	-     	100,000	NR
03.	Governor's Council on Children,
Youth, and Families to develop procedures
to evaluate the Family Resource Center
Grant Program and the Support Our
Students Program (S38)	   -     	150,000
Subtotal DHR - Secretary	2,305,000

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 (S22)	-     	534,000
02.	Structured Sentencing Act
effective January 1, 1995–
To provide substance abuse treatment
services to offenders under the
Treatment Alternatives to Street Crime
(TASC) Program	     -     	1,000,000
Subtotal - Mental Health	   -     	1,534,000
Division of Youth Services
01.	Operating funds for one additional
Wilderness Camp - 60 slots (S20)	-     	1,450,000
02.	Expand the Governor's One-on-One
Program and increase the funding
for each program (S23)	-     	1,150,000
03.	Staff to operate 147 additional
beds in existing training
schools (S26)	-     	6,575,768
04.	Establish Alternatives to Detention
Program in selected district court judicial
districts (S142)	125,000	500,000
05.	Outcome-Based Enhancement of the
Community-Based Alternatives
Program (S110)	      -     	500,000
Subtotal - Youth Services	  125,000	10,175,768
Total Department of Human Resources	125,000	14,014,768

Department of Correction
01.	Structured Sentencing Act
effective January 1, 1995–
a.	Adult Probation and Parole
(325 positions)
(Hire 10/1/94 and 5/1/95)	-     	5,885,026
	924,610	NR
b.	Administrative Costs for Adult
Probation and Parole - (9 positions)
(Hire 10/1/94 and 2/1/95)	299,631
	9,000	NR
c.	Administrative Costs for Central
Administration Office - (18 positions)
(Hire 10/1/94 and 2/1/95)	892,000
	18,000	NR
02.	Operating costs for 208 additional
beds at Piedmont, Lumberton,
Pender, Wayne, and Brown Creek
for a total of 1040 additional
beds (S12)	-     	13,466,330
	2,033,670	NR
03.	To lease jail space from
local governments (S13)	-     	8,358,000
04.	To provide for out-of-state
housing of inmates (S14)	-     	24,972,000
05.	To contract for 500 beds in
private alcohol and drug
treatment centers (S15)	-     	5,156,740
	16,260	NR
06.	Use existing space more
efficiently in order to house
500 additional inmates (S16)	-     	1,639,500
07.	Operating costs for a new Drug
and Alcohol Recovery Treatment
(DART) Center (S37)	-     	1,007,436
	-     	192,564	NR
08.	Establish a Substance Abuse
Program in each of five prisons
located near urban areas
throughout the State (S128)	-     	1,225,345
	320,000	NR
09.	Reserve for the operation of
a new 90-bed boot camp facility
for youthful offenders (S21)	-     	1,124,373
	392,293	NR
10.	Provide a post-boot camp program
for up to 180 probationers (S21)	-     	452,619
11.	Additional operating funds
to bring on line the new
facilities constructed with	-     	18,991,090
$87.5 million prison bonds	-     	8,235,572	NR
12.	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
13.	Establish pilot programs for
treatment of parolees and
probationers with substance
abuse problems (S53)	50,000	533,000
14.	Greater After Prison Support
Program - a community-based
pre-release and aftercare program
for prison inmates (S116)	-     	85,000
15.	Establish one probation officer
position to work with Mecklenburg
County Drug Court Program effective
April 1, 1995 (S35)	     -     	      8,750
Total Department of Correction	50,000	96,911,461

Department of Crime Control and Public Safety
01.	Structured Sentencing Act
effective January 1, 1995–
Community Services (19 positions)	-     	532,000
	38,000	NR
02.	Victims Assistance
Network (S31)	     -     	150,000
03.	Additional Funds to the Crime	-     	800,000
Victims Compensation Fund (S58)	       	3,000,000	NR
Total Department of Crime Control
and Public Safety	-     	4,520,000

GRAND TOTAL CURRENT OPERATIONS -
GENERAL FUND - RECURRING	275,000	112,501,982
             NONRECURRING	    75,000	    16,478,076
         TOTAL	$ 350,000	$128,980,058

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 1040
additional prison beds (S12)	$ 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 (S21)	  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 (S20)	  375,000	      -       
02.	To construct one 24-bed
Detention Center	1,600,000	   -        
Total Department of Human Resources	 1,975,000	    -       

GRAND TOTAL CAPITAL IMPROVEMENTS -
GENERAL FUND	$ 25,983,914	$36,625,400

PART 5.  PROCEDURES FOR DISBURSEMENTS
Sec. 6.  The appropriations made by the 1994 Extra Session of the 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.  Provided, however, that 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 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:  Senators Daniel and Plyler
SPECIAL FUNDS, FEDERAL FUNDS, AND DEPARTMENTAL RECEIPTS/AUTHORIZATION FOR EXPENDITURES
Sec. 7.  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 he intends to make such a finding at least 10 days before he makes 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 which 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:  Senators Daniel and Plyler
BUDGETING OF PILOT PROGRAMS
Sec. 8. (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 his proposed budget a report of which items in the proposed budget are subject to the provisions of this section.

Requested by:  Senators Daniel and Plyler
AUTHORIZED TRANSFERS
Sec. 9.  The Director of the Budget may transfer to General Fund budget codes from the General Fund salary adjustment appropriation amounts required to support approved salary adjustments made necessary by difficulties in recruiting and holding qualified employees in State government.  The funds may be transferred only when the use of salary reserve funds in individual operating budgets is not feasible.

Requested by:  Senators Daniel and Plyler
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:  Senators Daniel and Plyler
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:  Senators Daniel and Plyler
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	   -
Anticipated Reversions	184.4	  -	   -

TOTAL AVAILABILITY	$345.1	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.
(c) The revenue forecast increase and anticipated reversions shown in subsection (a) of this section are in addition to Total Availability stated in Section 8(b) of Chapter 561 of the 1993 Session Laws.

PART 7.  OFFICE OF STATE BUDGET AND MANAGEMENT

Requested by:  Senators Odom, Cooper, Ballance, Cochrane, and Sherron
CRIMINAL JUSTICE INFORMATION NETWORK
Sec. 13.  (a)	Of the funds appropriated in this act from the General Fund to the Office of State Budget and Management the sum of one hundred thousand dollars ($100,000) for the 1993-94 fiscal year and the sum of nine hundred thirty thousand dollars ($930,000) for the 1994-95 fiscal year shall be used for the development of a Criminal Justice Information Network that links together data in existing databases and networks. These funds shall be used only for the purposes set forth below:
(1) 	Assess 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 the juvenile justice system, and evaluate the need for systems integration or system enhancements, in particular the need for a comprehensive DWI database;
(2)	Determine 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)	Evaluate feasible CJIN designs at no fewer than three alternative levels of costs (both capital and future operating), and to clearly describe the benefits and costs associated with each level;
(4)	Estimate 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)	Evaluate 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)	Recommend measures for savings, efficiency, and effectiveness that will enable the General Assembly to gauge CJIN performance;
(7)	Assure that the integrated CJIN shall be consistent and compatible with a comprehensive telecommunications plan as approved by the Information Resource Management Commission; and
(8)	Plan a statewide integrated law enforcement communications system and study 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 analysis and 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 and shall include an appointee recommended by the Mecklenburg Criminal Justice Commission.  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, the juvenile 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 November 1, 1994.

PART 8.  DEPARTMENT OF CORRECTION

Requested by:  Senators Odom and Cooper
LEASE JAIL SPACE
Sec. 14. (a)	Funds appropriated in this act to the Department of Correction for leasing jail space from local governments to house inmates committed to the Department's custody shall be used for this purpose only and shall not be transferred.
(b) This section becomes effective July 1, 1994.

Requested by:  Senators Odom and Cooper
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, or of any entity described in subsection (c) of this section, 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 out-of-state facility, 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)	Subject to the provisions of subsection (b) of this section, the Secretary of Correction may contract to house offenders in out-of-state correctional facilities with public or private contractors in the business of providing correctional services.  Any contracts previously entered into by the Department of Correction for the out-of-state housing of inmates are hereby ratified."
(b) The Secretary of Correction shall report semiannually to the Joint Legislative Commission on Governmental Operations on out-of-state housing of prison inmates.
(c) This section is effective upon ratification and expires on June 30, 1996.

Requested by:  Senators Cooper and Odom
PRIVATE PRISON CONTRACTS/SUBSTANCE ABUSE SERVICES
Sec. 16. (a) Chapter 148 of the General Statutes is amended by adding a new Article to read:
"ARTICLE 13.
"Private Prison Contracts.
"§ 148-122.  Authority to contract.
Notwithstanding any other provision of law, the Secretary of Correction may contract with private, for-profit or nonprofit corporations or firms to provide and operate treatment centers that house, care for, and maintain prisoners committed to the custody of the Department of Correction who are diagnosed as needing treatment for alcohol or drug abuse.
"§ 148-123.  Prison rules applicable.
	Prisoners housed in privately operated facilities pursuant to this Article 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 private prison facilities.  Private contractors may promulgate any other rules as may be necessary for the operation of the facilities with the written approval of the Secretary of Correction.
"§ 148-124. Enforcement of rules at private treatment centers.
Custodial officials employed by a private firm pursuant to this Article 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 prison rules, to secure the person of an offender, and to prevent escape.
"§ 148-125.  Inmate work requirement.
Inmates housed in private facilities pursuant to this Article may be required to perform reasonable work assignments within those facilities.  The facility may award gain time to those prisoners that are eligible for gain time within the applicable statutes and rules."
(b)	G.S. 148-4 reads as rewritten:
"§ 148-4.  Control and custody of prisoners; authorizing prisoner to leave place of confinement.
(a)	The Secretary of Correction shall have control and custody of all prisoners serving sentence in the State prison system and in privately operated facilities, and such prisoners shall be subject to all the rules and regulations legally adopted for the government thereof. Any sentence to imprisonment in any unit of the State prison system, or to jail to be assigned to work under the State Department of Correction, shall be construed as a commitment, for such terms of imprisonment as the court may direct, to the custody of the Secretary of Correction or his authorized representative, who shall designate the places of confinement where the sentences of all such persons shall be served. The authorized agents of the Secretary shall have all the authority of peace officers for the purpose of transferring prisoners from place to place in the State as their duties might require and for apprehending, arresting, and returning to prison escaped prisoners, and may be commissioned by the Governor, either generally or specially, as special officers for returning escaped prisoners or other fugitives from justice from outside the State, when such persons have been extradited or voluntarily surrendered. Employees of departments, institutions, agencies, and political subdivisions of the State hiring prisoners to perform work outside prison confines may be designated as the authorized agents of the Secretary of Correction for the purpose of maintaining control and custody of prisoners who may be placed under the supervision and control of such employees, including guarding and transferring such prisoners from place to place in the State as their duties might require, and apprehending and arresting escaped prisoners and returning them to prison. The governing authorities of the State prison system are authorized to determine by  rules and regulations the manner of designating these agents and placing prisoners under their supervision and control, which rules and regulations shall be established in the same manner as other rules and regulations for the government of the State prison system.
The Secretary of Correction may extend the limits of the place of confinement of a prisoner, as to whom there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to
(1)	Contact prospective employers; or
(2)	Secure a suitable residence for use when released on parole or upon discharge; or
(3) 	Obtain medical services not otherwise available; or
(4) 	Participate in a training program in the community; or
(5)	Visit or attend the funeral of a spouse, child (including stepchild, adopted child or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person though not a natural parent, has acted in the place of a parent), brother, or sister; or
(6) 	Participate in community-based programs of rehabilitation, including, but not limited to the existing community volunteer and home-leave programs, pre-release and after-care programs as may be provided for and administered by the Secretary of Correction and other programs determined by the Secretary of Correction to be consistent with the prisoner's rehabilitation and return to society; or
(7) 	Be on maternity leave, for a period of time not to exceed 60 days. The county departments of social services are expected to cooperate with officials at the North Carolina Correctional Center for Women to coordinate prenatal care, financial services, and placement of the child.
The willful failure of a prisoner to remain within the extended limits of his confinement, or to return within the time prescribed to the place of confinement designated by the Secretary of Correction, shall be deemed an escape from the custody of the Secretary of Correction punishable as provided in G.S. 148-45.
(b)	Notwithstanding any other provision of law, the Secretary of Correction may contract with private corporations and entities for the housing, care, and maintenance of prisoners committed to the custody of the Department of Correction who are diagnosed as needing treatment for alcohol or drug abuse."
(c) G.S 148-45 is amended by adding a new subsection to read:
"( h)	For purposes of this section, persons housed in privately operated facilities pursuant to Article 13 of this Chapter shall be considered persons in the custody of the Department of Correction."
(d)	G.S. 14-258.1 reads as rewritten:
"§ 14-258.1.  Furnishing poison, controlled substances, deadly weapons, cartridges, ammunition or alcoholic beverages to inmates of charitable, mental or penal institutions or local confinement facilities.
(a)	If any person shall give or sell to any inmate of any charitable, mental or penal institution, or local confinement facility, or if any person shall combine, confederate, conspire, aid, abet, solicit, urge, investigate, counsel, advise, encourage, attempt to procure, or procure another or others to give or sell to any inmate of any charitable, mental or penal institution, or local confinement facility, any deadly weapon, or any cartridge or ammunition for firearms of any kind, or any controlled substances included in Schedules I through VI contained in Article 5 of Chapter 90 of the General Statutes except under the general supervision of a practitioner, poison or poisonous substance, except upon the prescription of a physician, he shall be punished as a Class H felon; and if he be an officer or employee of any institution of the State, or of any local confinement facility, he shall be dismissed from his position or office.
(b)	Any person who shall knowingly give or sell any alcoholic beverages to any inmate of any mental or penal institution, or to any inmate of any local confinement facility, except for medical purposes as prescribed by a duly licensed physician and except for an ordained minister or rabbi who gives sacramental wine to an inmate as part of a religious service; or any person who shall combine, confederate, conspire, procure, or procure another or others to give or sell any alcoholic beverages to any inmate of any such institution or local confinement facility, except for medical purposes as prescribed by a duly licensed physician and except for an ordained minister or rabbi who gives sacramental wine to an inmate as part of a religious service; or any person who shall bring into the buildings, grounds or other facilities of such institution any alcoholic beverages, except for medical purposes as prescribed by a duly licensed physician or sacramental wine brought by an ordained minister or rabbi for use as part of a religious service, shall be guilty of a misdemeanor, and on conviction thereof shall be fined or imprisoned, in the discretion of the court.  If such person is an officer or employee of any institution of the State, such person shall be dismissed from office.
	(c) The term 'penal institution' as used in this section includes private facilities operated in accordance with Article 13 of Chapter 148 of the General Statutes."
(e)  G.S. 14-258.3 reads as rewritten:
"§ 14-258.3.  Taking of hostage, etc., by prisoner.
(a)	Any prisoner in the custody of the Department of Correction, including persons in the custody of the Department of Correction pending trial or appellate review or for presentence diagnostic evaluation, or any prisoner in the custody of any local confinement facility (as defined in G.S. 153A-217), or any person in the custody of any local confinement facility (as defined in G.S. 153A-217) pending trial or appellate review or for any lawful purpose, who by threats, coercion, intimidation or physical force takes, holds, or carries away any person, as hostage or otherwise, shall be punished as a Class I felon.  The provisions of this section apply to: (i) violations committed by any prisoner in the custody of the Department of Correction, whether inside or outside of the facilities of the North Carolina Department of Correction; (ii) violations committed by any prisoner or by any other person lawfully under the custody of any local confinement facility (as defined in G.S. 153A-217), whether inside or outside the local confinement facilities (as defined in G.S. 153A-217).
(b)	For purposes of this section, prisoners housed in privately operated facilities pursuant to Article 13 of Chapter 148 of the General Statutes shall be considered persons in the custody of the Department of Correction."

Requested by:  Senators Perdue and Martin of Guilford
BOOT CAMP FUNDS
Sec. 17. (a) Of the funds appropriated in this act from the General Fund to the Department of Correction the sum of one million five hundred sixteen thousand six hundred sixty-six dollars ($1,516,666) for the 1994-95 fiscal year shall be placed in a reserve for the operation of a new boot camp for youthful offenders to be brought on line in the 1994-95 fiscal year under the construction program provided for in this act.  The boot camp shall operate according to the guidelines set forth for the Intensive Motivational Program of Alternative Correctional Treatment (IMPACT) in Chapter 1010 of the 1989 Session Laws.
(b) Of the funds appropriated in this act from the General Fund to the Department of Correction the sum of four hundred fifty-two thousand six hundred nineteen dollars ($452,619) for the 1994-95 fiscal year shall be used to provide a post-boot camp program for probationers who are likely to benefit from such a program in order to assist them to become productive citizens and to remain free from criminal activity.  The Department shall select up to 180 probationers to participate in the program, which shall include intensive probation supervision, substance abuse treatment and counseling, family contact, involvement, and counseling, consultation with appropriate personnel in the Department of Human Resources in establishing participation by probationers in appropriate community-based services, and other appropriate intervention.
(c) The Department of Correction shall evaluate the IMPACT program and the post-Boot Camp probation program funded under this section and report to the Joint Legislative Commission on Governmental Operations, the Joint Legislative Corrections Oversight Committee, and the Fiscal Research Division prior to January 1, 1995, and annually thereafter. The evaluation of the IMPACT program shall compare that program's effectiveness, cost, and recidivism rate to other corrections programs for offenders aged 16-25. The evaluation of the post-Boot Camp probation program shall compare that program's effectiveness, cost, and recidivism rate to other probation programs for offenders aged 16-25.

Requested by:  Senators Daniel and Plyler
EXPAND PRISON SUBSTANCE ABUSE PROGRAMS
Sec. 18.  Of the funds appropriated in this act from the General Fund to the Department of Correction the sum of one million five hundred forty-five thousand three hundred forty-five dollars ($1,545,345) for the 1994-95 fiscal year shall be used to establish a substance abuse program in five or more prisons located near urban areas throughout the State.  Each program shall be established in accordance with Article 6 of Chapter 143B of the General Statutes.  The funds shall be allocated such that each prison shall provide substance abuse services to no more than 100 inmates.

Requested by:  Senators Shaw, Ballance, and Soles
WORK CAMP PILOT PROGRAM
Sec. 19. (a) The Department of Correction shall develop plans for a pilot program in which the Department enters a partnership with a county or coalition of counties for the operation of a 340-bed work camp located at a site to be agreed upon by the Department of Correction and the county or coalition of counties.  The county or coalition of counties shall agree to operate the work camp in exchange for authorization to use the minimum security inmates housed at the camp for work at public facilities and for any other suitable productive labor at sites within the county or coalition of counties entering the agreement.
The plan shall provide for making space available in the work camp in such a manner that judges passing sentence in the General Court of Justice within the county or counties participating in the pilot program may assign defendants to the prison work camp.
(b) The Department of Correction shall report on the plan developed pursuant to this section to the Joint Legislative Commission on Governmental Operations by June 1, 1994.

Requested by:  Senators Martin of Guilford, Odom, and Cooper
SUBSTANCE ABUSE TREATMENT PILOT PROGRAM FOR PAROLEES AND PROBATIONERS
Sec. 20. (a) Chapter 148 of the General Statutes is amended by adding a new Article to the end to read:
"ARTICLE 13.
"Pilot Programs for Treatment of Parolees and Probationers with
Histories of Serious Substance Abuse.
"§ 148-130.  Pilot programs' purpose.
The purpose of the pilot programs established pursuant to this Article is to provide for the identification, appropriate assessment, and intensive out-patient treatment of high-risk parolees and probationers with substance abuse problems.  These programs should give emphasis to serving parolees and probationers with serious substance abuse histories, with first priority given to parolees.  The programs should provide intensive treatment, which treatment should be used by the courts as a condition of probation and parole when appropriate.  This treatment should start immediately upon the beginning of the probation term or parole discharge.
"§ 148-131.  Interagency Task Force; administration of pilot programs; membership; staffing.
The Department of Correction, after consultation with the Department of Human Resources, shall convene an Interagency Task Force to design, coordinate, plan, implement, and evaluate the pilot programs established pursuant to this Article.  The Interagency Task Force shall consist of staff from the Department of Correction Substance Abuse Program, the Department of Correction Adult Probation and Parole Program, the Department of Human Resources' Substance Abuse Services, the Parole Commission, to be renamed the Post-Release Supervision and Parole Commission as of the effective date of the Structured Sentencing Act, Chapters 538 and 539 of the 1993 Session Laws, and any other State or local programs the Department of Correction considers necessary.  The Task Force shall also include two representatives of business and industry who have an interest in job placement for ex-offender recovering substance abusers, two ex-offender recovering substance abusers, and representatives of any other organizations the Department of Correction considers necessary.
The Department of Correction shall provide the staffing for the Interagency Task Force.
"§ 148-132.  Interagency Task Force; Request for Proposal planning and development process; identification of funding sources, barriers to treatment, and lack of treatment capacity.
(a)	The Interagency Task Force shall prepare a process for the development of a Request for Proposal process that will result in the funding of a pilot program for high-risk parolees and probationers with substance abuse problems.  As part of the Request for Proposal planning and development process, the Interagency Task Force shall clearly identify the target population to be served, the method of selecting the target population, the appropriate diagnostic instruments for this selection, and the appropriate components and evaluation instruments.
(b)	The Interagency Task Force shall identify the extent to which current federal and State funding and resources may be used to treat parolees and probationers with substance abuse problems and the extent to which other federal funds can be obtained for this purpose.  The Interagency Task Force shall also identify current barriers to effective utilization of existing treatment programs and shall highlight the lack of treatment capacity.
"§ 148-133.  Interagency Task Force; Request for Proposal evaluation criteria, treatment component requirements.
(a)	In its evaluation of the responses to the Request for Proposal process, the Interagency Task Force shall consider:
(1)	The proposed provider's ability to use existing substance abuse treatment resources and other resources such as education, job training, and placement, in order to build a collaborative approach to the delivery of services to the target population;
(2)	The proposed provider's ability to develop a plan for how services are to be provided if the resources described in subdivision (1) of this section are not currently available;
(3)	The proposed provider's identification of local area mental health groups, State-Local Community Partnership participants, and nonprofit organizations as advisors or service providers; and
(4)	The proposed provider's ability to provide treatment and case management services for up to 60 clients.
(b)	The Interagency Task Force shall require that the following treatment components are included in all responses to the Request for Proposal process, together with a detailed proposal on how the components will be provided, in order to be considered:
(1)	Regular drug testing;
(2)	Regular counseling and self-development treatments;
(3)	Monitoring by case managers;
(4)	Establishment of criteria for successful program completion; and
(5)	Establishment of local advisory boards made up of individuals similar to those making up the Interagency Task Force,  with the addition of a superior court judge.
"§ 148-134.  Interagency Task Force; pilot program selection; reporting.
(a)	The Interagency Task Force shall select one pilot program no later than six months after the effective date of this act.
(b)	The Department of Correction shall report by March 1, 1995, to the General Assembly on the planning, development, and implementation of the pilot programs, and to the Mental Health Study Commission by November 1, 1995, on the costs and benefits of the pilot programs."
(b) Of the funds appropriated from the General Fund to the Department of Correction for the pilot program established under this section, not less than eighty percent (80%) of these funds shall be used to fund the pilot programs.  The balance of the funds shall be used to administer the Interagency Task Force and its activities, hire necessary personnel, and use consulting services when necessary.  Funds not expended by the end of each fiscal year shall not revert but shall remain available for use in subsequent fiscal years.
(c) This section becomes effective April 1, 1994.

Requested by:  Senators Kerr, Odom, and Cooper
PROBATION/PAROLE DIVERSION STUDY
Sec. 21.  The Department of Correction, Division of Adult Probation and Parole, shall study the feasibility of diverting probation and parole violators into residential community corrections centers similar to those currently being operated in other states.  The study shall examine the possibility of housing probation and parole violators, who currently constitute approximately fifty-three percent (53%) of prison admissions in this State, in separate facilities operated as work camps, substance abuse treatment centers, or any other type of facilities designed to address the special problems of probation and parole violators.  The Department of Correction, Division of Adult Probation and Parole, shall report its findings and recommendations to the 1994 Regular Session of the 1993 General Assembly.

Requested by: Senators Hoyle, Odom, Cooper
GREATER AFTER PRISON SUPPORT PROGRAM
Sec. 22. (a) With respect to funds appropriated in this act to the Department of Correction, Division of Prisons, the Greater After Prison Support Program shall report quarterly to the Joint Legislative Commission on Governmental Operations on the expenditure of State appropriations and on the effectiveness of the program, including information on the number of clients served, the number of clients who complete the prerelease component of the program, and the number of clients who participate in the postrelease component of the program.
(b) The Department of Correction shall track the Greater After Prison Support program with an evaluation model consistent with existing models that show the impact of the program on participants regarding postrelease parole violations, rearrests, and recidivism rates.  The Department shall provide a written evaluation of the program to the Chairs of the House and Senate Appropriations Committees and the Chairs of the House and Senate Subcommittees on Justice and Public Safety, the Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division by May 1, 1995.
(c)	This section becomes effective July 1, 1994.

PART 9.  DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY

Requested by:  Senators Cooper and Odom
VICTIMS ASSISTANCE NETWORK
Sec. 23. (a)	Of the funds appropriated in this act from the General Fund 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 10.  DEPARTMENT OF HUMAN RESOURCES

Requested by:  Senators Martin of Guilford and Perdue
FAMILY RESOURCE CENTER GRANT PROGRAM
Sec. 24. (a)	Article 3 of Chapter 143B of the General Statutes is amended by adding a new Part to read:
"Part 5B.  Family Resource Center Grant Program.
"§ 143B-152.10.  Intent.
It is the intent of the General Assembly to encourage and support broad-based collaboration among public and private agencies and among people who reflect the racial and socioeconomic diversity in communities to develop initiatives that (i)	prepare children to learn effectively and to have a successful school experience, (ii) enhance the ability of families to become advocates for and supporters of education for the children in their families, and (iii) enhance the ability of families to function as nurturing and effective family units.
"§ 143B-152.11.  Family Resource Centers Grant Program; creation; purpose.
There is created in the Department of Human Resources the Family Resources Grant Program.  The purpose of the program is to provide grants to establish family resource centers that provide services to children from birth through elementary school age and to their families that:
(1)	Enhance the children's development and ability to attain academic and social success;
(2)	Ensure a successful transition from early childhood education programs and child care to the public schools;
(3)	Assist families in achieving economic independence and self-sufficiency; and
(4)	Mobilize public and private community resources to help children and families in need.
"§ 143B-152.12.  Administration of program.
The Department of Human Resources shall develop and implement the Family Resource Center Grant Program.  The Department shall:
(1)	Sponsor an annual statewide conference for teams of interested representatives from each local school administrative unit to provide background information and assistance regarding all aspects of the program;
(2)	Administer funds appropriated by the General Assembly;
(3)	Monitor the grants funded and the ongoing operations of family resource centers;
(4)	Revoke a grant if necessary or appropriate;
(5)	Report annually on program implementation to the Joint Legislative Committee on Education Oversight, the Office of the Governor, and the Governor's Council on Children, Youth, and Families;
(6)	Disseminate information regarding the program to interested local community groups;
(7)	Provide initial technical assistance and ongoing technical assistance to grant recipients; and
(8)	Adopt rules to implement this Part.
"§ 143B-152.13.  Neighborhood Family Resource Center Councils;  applications for grants.
(a)	A County Council established under G.S. 143B-152.4 shall identify the school or schools whose students and families will be served by a family resource center.  Upon this identification, the County Council shall establish a Neighborhood Family Resource Center Council for that center that reflects the racial and socioeconomic diversity of the neighborhood or neighborhoods to be served and that may include the school's principal, a teacher, parents of children who will be eligible for services at the center, a representative of the school's Parent Teacher Association, representatives of local organizations that provide services to children and families, representatives of business and industry or local nonprofit organizations, and any other interested persons.
(b)	The Neighborhood Family Resource Center Council, in consultation with the County Council, shall determine the physical location of the family resource center.  If the center is to be established in an elementary school or on school property, the Neighborhood Council shall obtain the approval of the local board of education.  Any other location shall be confirmed by the property owner.  Upon receipt of the approval of the board of education or the confirmation by the property owner, whichever is appropriate, the Neighborhood Family Resource Center Council, in consultation with the County Council, shall develop an application for the family resource center, and shall submit the application to the Grant Review Committee established under G.S. 143B-152.3.
(c)	The grant proposal shall include:
(1)	Identification of one or more elementary schools in or reasonably near which a family resource center will be established, based on a needs assessment of existing conditions for children to be served.  Data collected for each school to be served by a center shall include (i) the number and percentage of students who participate in the federal subsidized lunch program, (ii) the school's average daily membership, (iii) the number and percentage of students with two working parents or one single parent, (iv) the number of children to be served, and (v) any other relevant or unique local demographic data.  The school or schools that are selected shall serve a disproportionate number of low-income children as determined by the percentage of students participating in the federal subsidized lunch program;
(2)	A three-year plan, developed in consultation with the building-level school improvement team, appointed in accordance with G.S. 115C-238.3(b1), of each school whose students may be served by the grant, to address the needs of the children and their families to be served by the center;
(3)	Goals and anticipated outcomes for initiatives, and a system to measure their success;
(4)	A list of services to be offered that are related to the goals and anticipated outcomes of the local plans.  These services may include: (i) supervision and enrichment activities for children following the regular school day, (ii) the recruitment of a strong corps of volunteers for involvement in the program, (iii) transportation, (iv) parental involvement activities, and (v) coordinated services offered by local community agencies relative to the needs of the children and their families;
(5)	A budget including use of existing resources; and
(6)	Any additional necessary information.
(d)	Notwithstanding subsection (c) of this section, a board of county commissioners may apply for a grant under this section if its application provides convincing evidence that genuine interagency collaboration was attempted, but failed, in that county.  In this case, the board of county commissioners shall state in its application any future steps it plans to take to encourage and implement local-level collaboration and coordination of services for children and their families.
"§ 143B-152.14.  Grant selection.
(a)	The Grant Review Committee shall receive and review applications for grants to establish family resource centers in order to make recommendations to the Secretary of Human Resources.  In its review and in making recommendations, the Grant Review Committee shall consider (i) the severity of the local problems as  determined by the needs assessment data, (ii) the likelihood that the locally designed plan will result in high quality services for children and their families, (iii) evidence of local collaboration, (iv) any innovative or experimental aspects of the plan that will make it a useful model for replication in other counties, (v) the availability of other resources or funds, and (vi) the amount needed to implement the proposal.
(b)	The Secretary of Human Resources shall award grants, based upon the recommendations of the Grant Review Committee and the factors set forth in subsection (a) of this section, to county boards of commissioners no later than September 1 of each year.
(c)	If funding to expand the program becomes available in subsequent years, additional family resource centers shall be funded based on:
(1)	The quality and performance of any existing family resource center; and
(2)	Need, as determined by the number and percentage of students participating in the subsidized lunch program.
"§ 143B-152.15.  Administration of grant programs at the local level.
(a)	The county board of commissioners shall serve as the fiscal agent for any grant awarded by the Secretary under this program to establish a family resource center in that county.  However, after the first year, the County Council, if incorporated as a nonprofit 501(c) organization as provided in G.S. 143B-152.5, may serve as the fiscal agent.  The Neighborhood Family Resource Center Council shall develop the center's budget and shall monitor the ongoing operations of the center, and shall make recommendations for improvement to the County Council and the board of county commissioners, if appropriate.
(b)	 Fiscal agents may, and are encouraged to, use grant funds to contract for the operation of a family resource center or for the provision of services for children and their families through a family resource center.  Staffing should include the use of the community schools coordinator employed under G.S. 115C-209 by the board of education of the local school administrative unit in which the school being served by the family resource center is located.
"§ 143B-152.16.  Program evaluation.
County Councils established under G.S. 143B-152.4 in counties that receive grants under this Part shall report by August 1 of each year to the Department of Human Resources on the implementation of the program.  This report shall demonstrate the extent to which the program has met the local needs, goals, and anticipated outcomes as set forth in the grant proposal."
(b) Funds appropriated in this act from the General Fund to the Department of Human Resources to implement subsection (a) of this section shall be used as follows:
(1)	$100,000 shall be used by the Department of Human Resources for training, materials, and consultation services.
(2)	$1,875,000 shall be used for grants up to $37,500 per grant.  All 82 counties that currently do not have Smart Start programs shall be eligible to receive grant funds.  Grant funds shall be used to begin implementation of the Family Resource Center Grant Program established under Part 5B of Chapter 143B of the General Statutes.  Notwithstanding G.S. 143B-152.14(b), grants shall be awarded by October 1, 1994.  The grants shall be awarded for the six months beginning January 1, 1995.  These grants shall be based on the guidelines established under Part 5B of Chapter 143B of the General Statutes.  However, no school shall be selected to be served by these initial centers unless at least 50% of its students are eligible for the federal subsidized lunch program.  Notwithstanding this requirement, each of the 82 counties is eligible to receive one grant for the 1994-95 fiscal year under this section.
(3)	$80,000 shall be used by the Division of Family Development, Department of Human Resources, to administer the program and to provide technical assistance to applicants and to family resource centers.

Requested by:  Senators Martin of Guilford and Perdue
ANNUAL EVALUATION OF WILDERNESS CAMP PROGRAM
Sec. 25.  (a)	The Department of Human Resources, Office of Policy Development and Research, shall conduct an annual evaluation of the Wilderness Camp Program. The results of the evaluation shall be submitted to the State Auditor for further review and comment.  The State Auditor shall transmit the evaluation along with any comments to the Joint Legislative Commission on Governmental Operations no later than October 1 of each year covering the program for the prior fiscal year.  In conducting the evaluation, among other things, the focus shall be on directing youth toward long-term positive and productive noncriminal behavior.  The review shall be qualitative and quantitative.
(b)	This section becomes effective July 1, 1994.

Requested by:  Senators Martin of Guilford and Perdue
EVALUATION OF COACH MENTOR TRAINING PROGRAM
Sec. 26. (a) The Department of Human Resources, Office of Policy Development and Research, shall conduct an annual evaluation of the Coach Mentor Training Program for which funds have been appropriated in this act.  The results of the evaluation shall be submitted to the State Auditor for further review and comment no later than August 31 of each year covering the program for the prior fiscal year.  The State Auditor shall transmit the evaluation along with any comments to the Joint Legislative Commission on Governmental Operations no later than October 1 of each year covering the program for the prior fiscal year.  In conducting the evaluation, among other things, the focus shall be on directing youth toward long-term positive and productive noncriminal behavior.  The review shall be qualitative and quantitative.
(b)	This section becomes effective July 1, 1994.

Requested by:  Senators Martin of Guilford and Perdue
GOVERNOR'S ONE-ON-ONE PROGRAM
Sec. 27. (a)	Funds appropriated in this act from the General Fund to the Department of Human Resources, Division of Youth Services for the Governor's One-on-One Program shall be used to increase the funding for each of the existing programs and to provide funding for new programs to bring the number of programs up to at least a total of 65 programs at funding levels of thirty thousand dollars ($30,000) for each full-time program, fifteen thousand dollars ($15,000) for each half-time program, and sixty thousand dollars ($60,000) for each double program. 
	(b)	The Department of Human Resources, Office of Policy Development and Research shall conduct an annual evaluation to assess the performance of the Governor's One-on-One Program. The results of the evaluation shall be submitted to the State Auditor for further review and comment no later than August 31 of each year covering the program for the prior fiscal year.  The State Auditor shall transmit the evaluation along with any comments to the Joint Legislative Commission on Governmental Operations no later than October 1 of each year covering the program for the prior fiscal year.  In conducting the evaluation, among other things, the focus shall be on directing youth toward long-term positive and productive noncriminal behavior.  The review shall be qualitative and quantitative.
(c)	This section becomes effective July 1, 1994.

Requested by:  Senators Perdue, Martin of Guilford, and Winner of Mecklenburg
ALTERNATIVES TO DETENTION PROGRAM
Sec. 28. (a)	Of the funds appropriated in this act from the General Fund to the Department of Human Resources, Division of Youth Services, the sum of one hundred twenty-five thousand dollars ($125,000) for the 1993-94 fiscal year and the sum of five hundred thousand dollars ($500,000) for the 1994-95 fiscal year shall be used to establish the Alternatives to Detention Program in selected district court judicial districts that do not currently have them.
(b)	The Department of Human Resources shall perform an evaluation of how the expanded Alternatives to Detention Program affects admission to juvenile detention facilities and shall report the results of this evaluation to the General Assembly by March 1, 1995.
(c)	This section becomes effective April 1, 1994. 

Requested by:  Senators Perdue, Martin of Guilford, and Tally
OUTCOME-BASED ENHANCEMENT OF COMMUNITY-BASED ALTERNATIVES PROGRAM
Sec. 29. (a)	G.S. 7A-289.13 reads as rewritten:
"§ 7A-289.13.  Legislative intent.
The General Assembly hereby declares its intent to reduce the number of children committed by the courts for delinquency to institutions operated by the Division of Youth Development, Department of Human Resources or other State agencies. The primary intent of this Article is to provide a comprehensive plan for the development of community-based alternatives to training school commitment so that 'status offenders' (defined by this Article to include 'those juveniles guilty of offenses which would not be violations of the law if committed by an adult') may be eliminated from the youth development institutions of this State. Additionally it is the intent of this legislation to provide noninstitutional disposition options in any case before the juvenile court where this disposition is considered in the best interest of the child and the community.
The policy and intent of the General Assembly in delinquency prevention and community-based services can be summarized as follows:
(1)	These programs shall be planned and organized at the community level within the State, and these planning efforts shall include appropriate representation from local government, local public and private agencies serving families and children, local business leaders, citizens with an interest in youth problems, youth representatives, and others as may be appropriate in a particular community. The role of the State shall be to provide technical assistance, access to funding, and program information, and to assist local leadership in appropriate planning.
(1a)	As a prerequisite for receiving funding for Community-Based Alternatives, each county shall appoint a Community-Based Alternatives Youth Services Advisory Committee and shall update and revise the Committee's membership to ensure appropriate representation.
(1b)	The Community-Based Alternatives Youth Services Advisory Committee required by subdivision (1a) of this section shall annually review the needs of troubled juveniles within its county, develop and advertise a Request for Proposal process, and submit a written Plan of Action for the expenditure of Community-Based Alternatives funds to the county for its approval.  Upon the county's authorization, the Plan shall be submitted to the Division of Youth Services for final approval and subsequent implementation.
(1c)	The Division of Youth Services shall develop and implement uniform standards for each county's Community-Based Alternatives Youth Services Advisory Committee's annual certification and written requirements for program planning including a standard format for the Request for Proposal.
(2)	When a child is adjudicated to be within the juvenile jurisdiction of the district court, this child should be carefully evaluated through the available community-level resources, including mental health, social services, public health and other available medical services, public schools, and other appropriate services, prior to the juvenile hearing dealing with disposition so that the disposition of the court may be made with an understanding of the needs of the child and after consideration of the resources available to meet these needs.
(3)	 It is contrary to the policy of the State for a court to separate a child from his child's own family or commit a child to an institution or training school without a careful evaluation of the needs of the child.
(4)	The General Assembly finds that State and local government shall be responsive to the need for community-based services that would provide a viable alternative to commitment to an institution or training school. The General Assembly intends that State government should be responsive to this need through the Department of Human Resources by helping public and private local groups to plan, develop, and fund community-based programs, both residential and nonresidential. The General Assembly recognizes that these efforts will require the cooperation of several major State departments in addition to Human Resources, such as the Department of Public Instruction, the Administrative Office of the Courts, and the Governor's Crime Commission of the Department of Crime Control and Public Safety.
(5)	It is the intent of the General Assembly that the Secretary of the Department of Human Resources develop a funding mechanism that will provide State support for programs that meet the standards as developed under the provisions of this Article."
(b) Of the funds appropriated in this act from the General Fund to the Department of Human Resources, Division of Youth Services, the sum of five hundred thousand dollars ($500,000) for the 1994-95 fiscal year shall be used to expand Community-Based Alternatives services.
(c) It is the intent of the General Assembly that each county receiving these funds use the funds so as to maximize the needed local services for those juveniles identified by the county to be most at risk for commitment to training school.  The Division of Youth Services shall allocate these funds as follows:
(1)	$500,000, considered as "merit" expansion, allocated among the counties based on their population of 10- to 17-year-olds and on their willingness to submit to the Division of Youth Services a localized, strategic plan of action for enhancing interagency coordination and using Community-Based Alternatives more effectively.
The Division of Youth Services shall require that all counties that, in 1993, committed juveniles to training schools at rates that exceeded the overall State average submit to it a goal-specific plan to reduce their dependency on incarceration as a dispositional alternative.
(d) These funds shall be matched by each county as currently required by the Division of Youth Services.

Requested by:  Senators Martin of Guilford and Perdue
DHR STUDY OF JUVENILE JUSTICE SYSTEM
Sec. 30.  (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.  The Department may contract with an independent consultant to assist it in its study.  The Administrative Office of the Courts, the Department of Correction, and any other State or local agencies the Department considers have a role in the juvenile justice system shall cooperate with the Department in its study.
The Department shall convene an advisory panel to assist it in its study.  This panel shall consist of the Administrative Officer of the Courts, as many juvenile court judges as the Department considers necessary, three Senators recommended by the President Pro Tempore of the Senate, three Representatives recommended by the Speaker of the House of Representatives, and any others the Department considers necessary.
	Members of this advisory panel shall receive the subsistence and travel expenses set forth in Chapter 120 and Chapter 138 of the General Statutes, as appropriate.
(b)	This study shall include:
(1)	An analysis, including an assessment of safety risks to community and staff, of the current training school population;
(2)	An assessment of adult and juvenile recidivism rates of recent training school residents;
(3)	An analysis of the cost and success of dispositions of juvenile offenders who are placed on probation or assigned to other programs;
(4)	An evaluation of the Community-Based Alternative Program;
(5)	An assessment of the juvenile offender systems and programs used in other states;
(6)	The development of an early warning system by which potential youthful offenders are identified at a very early age so that intervention can be made to prevent adverse outcomes;
(7)	An evaluation of vocational education in the training schools;
(8)	An analysis of other services and treatments offered in training schools;
(9)	Alternatives to detention and to training schools;
(10)	Proposals for appropriate reforms of the current dispositional system that will help juvenile offenders become productive citizens, control costs, and protect the public safety;
(11)	Recommendations to enable accountability and evaluation of outcomes of juvenile programs and dispositions, including recommendations for system changes that will enable tracking of participants in juvenile offender programs into the adult criminal and other juvenile offender programs; and
(12)	Recommendations concerning whether a commission should be established to periodically review and evaluate the juvenile justice system and the composition of such a commission if established.
(c)	The study components should be measured by whether the juvenile justice system provides:
(1)	Skills to develop positive self-concept, the ability to analyze and understand consequences of their choices, the ability to accept responsibility for one's own action, and to develop positive interpersonal relationships;
(2)	Opportunity for educational achievement and acquisition of usable job skills;
(3)	Skills for remaining free from substance abuse, violence and criminal activity;
(4)	Opportunity to involve family members and other significant individuals in the rehabilitative and treatment processes;
(5)	Effective support systems for juveniles and their family members that are designed to increase the prospect of achieving and maintaining long-term program goals;
(6)	Program methodologies and staff training and development that is consistent and correlates with program goals; and
(7)	Evidence of effective and efficient client-focused collaborative and cooperative service delivery arrangements with other public and private agencies.
(d)	The Department shall complete this study by October 31, 1994, and shall report the results of this study to the 1995 General Assembly by February 1, 1995.

Requested by:  Senators Martin of Guilford and Perdue
GOVERNOR'S COUNCIL ON CHILDREN, YOUTH, AND FAMILIES
Sec. 31. (a)	Article 3 of Chapter 143 of the General Statutes is amended by adding a new Part to read:
"Part 5A.  Governor's Council on Children, Youth, and Families.
"§ 143B-152.1.  Intent.
It is the intent of the General Assembly to (i)	promote and encourage collaboration and collaborative planning and delivery of services among agencies that serve the needs of children, youth, and families, (ii) make more effective use of existing federal, State, and local resources and programs for children, youth, and families, (iii) streamline the delivery of services and eliminate duplication of services for children, youth, and families, and (iv) promote and enhance State-level leadership in achieving these goals.
"§ 143B-152.2.  Governor's Council on Children, Youth, and Families; creation; meetings.
(a)	There is created a Governor's Council on Children, Youth, and Families in the Department of Human Resources for budgetary and staffing purposes only.  The Department of Human Resources shall provide staff and clerical support to the Council, but the Council shall exercise its statutory powers and duties independently of the Department.
(b)	 The Council shall consist of the following members:
(1)	One representative of the Office of the Governor, appointed by the Governor;
(2)	The Superintendent of Public Instruction;
(3)	The Secretary of Environment, Health, and Natural Resources;
(4)	The Secretary of Human Resources; and
(5)	The Chair of the State Board of Education.
The Governor may appoint any other representatives of State, local, or private entities that provide services and programs for children, youth, and families, and other interested individuals, such as low-income parents, parents of children with special needs, representatives of business and industry, and representatives of County Councils established under this Part, to serve on this Council.  The Governor shall appoint or serve as the Chair of the Council.
(c)	The Governor shall convene the Council within 60 days of the effective date of this Part.  Thereafter, the Council shall meet at least biannually upon the call of the Chair of the Council.
(d)	The Governor shall set the agenda for the Council's first meeting; the Chair, upon consultation with the Governor, shall set the agenda for subsequent meetings.  The Governor shall consider the Council's reports in setting State policy for children, youth, and families.
"§ 143B-152.3.  Powers and duties of the Council.
(a)	The Council shall:
(1)	Provide State-level leadership on issues affecting children and youth, including children with special needs, and their families;
(2)	Foster collaboration and coordination between and among the many State agencies with responsibility for providing services to children, youth, and families;
(3)	Help develop and carry out a unified and comprehensive long-range agenda for children, youth, and families;
(4)	Promote accountability for achieving the State's goals in a timely and effective manner by establishing strategies for evaluating programs affecting children, youth, and families;
(5)	Advise the Governor upon any other matter that the Governor may refer to the Council; and
(6)	Report biannually to the Governor and annually to the General Assembly on its progress in meeting the intent and purpose of this Part.
(b)	In carrying out its duties, the Council may:
(1)	Develop a strategic plan for the development, coordination, and implementation of services and programs for children, youth, and families.  This plan should:
a.	Include a system to evaluate the success of existing and new services and programs;
b.	Consider services and programs that are provided by nonpublic agencies; and
c.	Consider the establishment of a single portal of entry at the local level for the delivery of services by public agencies to children, youth, and families;
(2)	Prepare a State-level cooperative agreement among primary State agencies involved with providing services to children, youth, and families.  This agreement should address staffing, technical assistance, and other needs of local entities in their development of Family Resource Centers and Support Our Students Centers;
(3)	Identify federal, State, local, and private funds and other support for services and programs for children, youth, and families;
(4)	Review the programs of all State agencies that provide services to children, youth, and families and advise the Governor, Secretary of Human Resources, Secretary of Environment, Health, and Natural Resources, Superintendent of Public Instruction, and the Chair of the State Board of Education on the coordination of programs to prevent duplication and overlapping of these services;
(5)	Develop recommendations with regard to laws, rules, and policies so as to improve the effective and efficient delivery of services through individual agencies and through collaboration among agencies.  In particular, the Council should evaluate laws, rules, and policies related to confidentiality of records so as to make recommendations to remove barriers to interagency exchange of information;
(6)	Serve as the agency through which various public and nonpublic organizations concerned with children, youth, and families can exchange information, coordinate programs, and be helped to engage in joint endeavors; and
(7)	Consider the reports of the County Councils in its deliberations and recommendations.
(c)	The Chair may establish any standing, ad hoc, or interagency committees and task forces as may be necessary to carry out the functions of the Council and may appoint Council members or other individuals to serve on these committees and task forces.
(d)	The Council shall establish a Grant Review Committee that shall:
(1)	Receive and review applications for grants to establish Support Our Students Centers under Part 8 of Article 16 of Chapter 115C of the General Statutes and to establish Family Resource Centers under Part 5B of Article 3 of Chapter 143B of the General Statutes;
(2)	Develop a system for submitting applications and awarding grants for these centers;
(3)	Make recommendations on grant awards for Support Our Students Centers to the State Board of Education based on the criteria established in Part 8 of Article 16 of Chapter 115C of the General Statutes; and
(4)	Make recommendations on grant awards for Family Resource Centers to the Secretary of Human Resources based on the criteria established in Part 5B of Article 3 of Chapter 143B of the General Statutes.
(e)	All appropriate agencies, including the Department of Human Resources, the Department of Public Instruction, the State Board of Education, the Department of Environment, Health, and Natural Resources, the Administrative Office of the Courts, and other public and private providers of services for children, youth, and families shall cooperate with the Council in carrying out its mandate.
"§ 143B-152.4.  County Councils on Children, Youth, and Families; creation; meetings.
(a)	Each county may establish a County Council on Children, Youth, and Families.
(b)	Each County Council shall consist of the following members who shall be generally reflective of the racial and socioeconomic diversity of the county:
(1)	The superintendent of each local school administrative unit located in the county;
(2)	The director of the county department of social services;
(3)	The director of the county department of public health;
(4)	A local mental health professional, appointed by the director of the area authority established under Chapter 122C of the General Statutes;
(5)	The local board of education of each local school administrative unit located in the county shall appoint one member of the board of education, one teacher who teaches children in any of the grades between kindergarten through ninth grade, and one public school social worker or other student support personnel;
(6)	The county board of commissioners shall appoint one commissioner, one representative of the public library, and one local law enforcement officer;
(7)	The county manager;
(8)	The Chief District Court Judge shall appoint one District Court Judge with expertise relating to the juvenile justice system; and
(9)	The President of the Community College that serves the county, or the President's designee.
The Council members named above shall appoint one representative of business and industry, one representative of a nonprofit organization that provides services to children, youth, and families, and one representative from a county religious organization.  The Council shall appoint no less than three parents of children who are eligible to be served by programs coordinated by any Neighborhood Councils as they are established.  These parents also should be members of the Neighborhood Council of the program that serves their children.
A County Council may appoint any other representatives of local public, private, or nonprofit agencies that provide services and programs for children, youth, and families in the county, and other interested individuals, such as low-income parents, parents of children with special needs, and representatives of business and industry, to serve as members of the County Council.  The Council shall elect a chair from its membership.  Vacancies on a County Council shall be filled by the original appointing authority.
A local organization formed in accordance with G.S. 143B-168.12 that exists within the county may serve as the basis of the County Council.  In this case, the appointing authorities shall add additional members from the entities required to be represented by this subsection.
(c)	The chair of the county board of commissioners and the chair of the board of education of each local school administrative unit in the county shall jointly call the first meeting and set the agenda for that meeting.  Thereafter, the County Council shall meet at least quarterly upon the call of its chair, and the chair shall set the agendas for subsequent meetings.
"§ 143B-152.5.  Powers and duties of County Councils.
(a)	A County Council shall:
(1)	Provide local-level leadership on issues affecting children and youth, including children with special needs, and their families;
(2)	Foster collaboration and coordination between and among the many local agencies with responsibility for providing services to children, youth, and families;
(3)	Help develop and carry out a unified and comprehensive long-range agenda for children, youth, and families;
(4)	Promote accountability for achieving these goals in a timely and effective manner by establishing strategies for evaluating programs that serve children, youth, and families;
(5)	Identify sources of fiscal and other support for services and programs for children, youth, and families in the county;
(6)	Develop a system for selecting sites for Family Resource Centers and Support Our Students Centers, for assisting Neighborhood Councils in applying for grants to establish these centers, and for assisting in the monitoring of the ongoing operations of these centers as they are established;
(7)	Apply for incorporation no later than one year after formation of the Council; and
(8)	Report annually to the Governor's Council on Children, Youth, and Families on its progress in meeting the intent and purpose of this Part.
(b)	In carrying out its duties, a County Council may:
(1)	Develop a strategic plan for the development, coordination, and implementation of services and programs for children, youth, and families in the county.  This plan should:
a.	Include a system to evaluate the success of existing and new services and programs; and
b.	Consider services and programs for children, youth, and families that are provided by local private or nonprofit agencies;
(2)	Prepare a local-level cooperative agreement among primary local public agencies involved with providing services to children, youth, and families in the county.  This agreement should address staffing, technical assistance, and other needs of Family Resource Centers and Support Our Students Centers;
(3)	Develop recommendations concerning laws, rules, and policies so as to improve the effective and efficient delivery of services through individual agencies and through collaboration among agencies; and
(4)	Serve as the local agency through which various public and nonpublic organizations concerned with children, youth, and families can exchange information, coordinate programs, and be helped to engage in joint endeavors.
(c)	A County Council may establish any standing, ad hoc, and interagency committees and task forces, such as task forces for Support Our Students and Family Resource Center programs, as may be necessary to carry out the functions of the Council and may appoint Council members or other individuals to serve on these committees and task forces.
(d)	All appropriate agencies and other providers of services for children, youth, and families in the county shall cooperate with the County Council in carrying out its mandate."
(b)	The Governor's Council on Children, Youth, and Families shall develop procedures to evaluate the Family Resource Center Grant Program established under Part 5B of Article 3 of Chapter 143B of the General Statutes and the Support Our Students (S.O.S.) Program established under Part 8 of Article 16 of Chapter 115C of the General Statutes.  The Council may contract with a constituent institution of The University of North Carolina or with a nonprofit agency to carry out the evaluation, which shall include a short-term program evaluation and a system to measure and analyze long-term program goals and outcomes.  The Council shall report to the General Assembly by December 31, 1995, on the results of this evaluation.
(c) The Governor's Council on Children, Youth, and Families shall file its initial report to the General Assembly under G.S. 143B-152.3(a)(6) no later than December 31, 1994, and annually thereafter.
(d) Of the funds appropriated in this act from the General Fund to the Department of Human Resources, the sum of one hundred fifty thousand dollars ($150,000) for the 1994-95 fiscal year shall be used to carry out the evaluation in subsection (b) of this section.

Requested by:  Senators Daniel and Plyler
TRAINING SCHOOL FUNDS ALLOCATION
Sec. 32. Funds appropriated in this act to the Department of Human Resources, Division of Youth Services, for additional training school beds shall be used for staffing requirements as proposed by the Governor, except that the position of business manager at each of the five training schools shall not be funded, and one additional business manager position at the Division level may be funded.

PART 11.  JUDICIAL DEPARTMENT

Requested by:  Senators Kerr, Odom, and Cooper
DEFERRED PROSECUTION STUDY
Sec. 33.  The Administrative Office of the Courts, in consultation with the North Carolina Conference of District Attorneys, shall study the problem of underutilization of the deferred prosecution program established in G.S. 143B-475.1 and shall recommend methods for encouraging greater use of the program across the State.  The Administrative Office of the Courts shall report its findings and recommendations to the 1995 General Assembly.

Requested by: Senators Conder, Ballance, and Soles
DISTRICT ATTORNEY ACCESS TO POLICE INFORMATION NETWORK
Sec. 34. (a) Funds appropriated in this act to the Judicial Department for the 1993-94 fiscal year to provide access to the Police Information Network that are not expended by the end of the fiscal year shall not revert, but shall remain available for the next fiscal year.
(b) This section becomes effective April 1, 1994.

Requested by:  Senators Cooper and Odom
DRUG COURT PROGRAM FUNDS/SANCTIONS FOR UNFOUNDED AFFIDAVIT FOR REMOVAL OF DISTRICT ATTORNEY
Sec. 35. (a) G.S. 7A-41(a) reads as rewritten:
"(a)	The counties of the State are organized into judicial divisions and superior court districts, and each superior court district has the counties, and the number of regular resident superior court judges set forth in the following table, and for districts of less than a whole county, as set out in subsection (b) of this section:
	Superior
Judicial	Court 	No. of Resident
Division	District	Counties		Judges

First	1	Camden, Chowan,	2
Currituck,
Dare, Gates,
Pasquotank, 
Perquimans
2	Beaufort, Hyde,	1
Martin,
Tyrrell, Washington
3A	Pitt	2
3B	Carteret, Craven,	2
Pamlico
4A	Duplin, Jones, 	1
Sampson
	4B	Onslow	1
5	New Hanover, 	3
Pender
6A	Halifax	1
6B	Bertie, Hertford,	1
Northampton
	7A	Nash	1
	7B	(part of Wilson,	1
part of Edgecombe,
see subsection (b))
7C	(part of Wilson,	1
part of Edgecombe,
see subsection (b))
8A	Lenoir and Greene	1
8B	Wayne	1
Second	9	Franklin, Granville, 	2
  	Vance, Warren
9A	Person, Caswell	1
10A	(part of Wake,	2
see subsection (b))
10B	(part of Wake,	2
see subsection (b))
10C	(part of Wake,	1
see subsection (b))
10D	(part of Wake,	1
see subsection (b))
11	Harnett, Johnston, 	2
Lee
12A	(part of Cumberland, 	1
see subsection (b))
12B	(part of Cumberland,	1
see subsection (b))
12C	(part of Cumberland,	2
see subsection (b))
13	Bladen, Brunswick,	2
Columbus
14A	(part of Durham,	1
see subsection (b))
14B	(part of Durham,	3
see subsection (b))
15A	Alamance	2
15B	Orange, Chatham	1
	16A	Scotland, Hoke	1
16B	Robeson	2
Third	17A	Rockingham	2
17B	Stokes, Surry	2
18A	(part of Guilford,	1
see subsection (b))
18B	(part of Guilford,	1
see subsection (b))
18C	(part of Guilford,	1
see subsection (b))
18D	(part of Guilford,	1
see subsection (b))
18E	(part of Guilford,	1
see subsection (b))
19A	Cabarrus	1
19B	Montgomery, 	1
Randolph
19C	Rowan	1
20A	Anson, Moore, 	2
Richmond
	20B	Stanly, Union	2
	21A	(part of Forsyth,	1
see subsection (b))
21B	(part of Forsyth,	1
see subsection (b))
21C	(part of Forsyth,	1
see subsection (b))
21D	(part of Forsyth,	1
see subsection (b))
22	Alexander, Davidson,	2
Davie, Iredell
23	Alleghany, Ashe, 	1
Wilkes, Yadkin
Fourth	24	Avery, Madison,	1
Mitchell, 
Watauga, Yancey
25A	Burke, Caldwell 	2
	25B	Catawba	2
26A	(part of Mecklenburg,	3
see subsection (b))
26B	(part of Mecklenburg,	2
see subsection (b))
26C	(part of Mecklenburg,	2
see subsection (b))
27A	Gaston	2
27B	Cleveland, Lincoln	2
28	Buncombe	2
29	Henderson,	2
McDowell, Polk,
Rutherford,
Transylvania
	30A	Cherokee, Clay,	1
Graham, Macon,
Swain
30B	Haywood, Jackson	1."
	(b) Effective April 1, 1995, the Governor shall appoint the superior court judge for District 26A authorized by subsection (a) of this section, whose term shall expire December 31, 1996.  This judge's successor shall be chosen in the 1996 general election.
(c)	G.S. 7A-45.1(a) reads as rewritten:
"(a)	Effective November 1, 1993, the Governor may appoint a special superior court judge to serve a term expiring December 31, 1998.  Effective July 1, 1994, the Governor may appoint a special superior court judge to serve a term expiring December 31, 1996.  Successors to the special superior court judges appointed pursuant to this subsection shall be appointed to four-year terms.  A special judge takes the same oath of office and is subject to the same requirements and disabilities as are or may be prescribed by law for regular judges of the superior court, save the requirement of residence in a particular district."
	(d) G.S. 7A-60(a1) reads as rewritten:
"(a1)	The counties of the State are organized into prosecutorial districts, and each district has the counties and the number of full-time assistant district attorneys set forth in the following table:
No. of Full-Time
Prosecutorial	Asst. District
District	Counties	Attorneys
1	Camden, Chowan, Currituck,	7
Dare, Gates, Pasquotank,
Perquimans
2	Beaufort, Hyde, Martin,	4
Tyrrell, Washington
3A	Pitt	6
3B	Carteret, Craven, Pamlico	6
4	Duplin, Jones, Onslow,	10
Sampson
5	New Hanover, Pender	9
6A	Halifax	3
6B	Bertie, Hertford,	3
	Northampton
	7	Edgecombe, Nash, Wilson	10
8	Greene, Lenoir, Wayne	8
9	Franklin, Granville,	7
Vance, Warren
9A	Person, Caswell	2
	10	Wake	19
11	Harnett, Johnston, Lee	9
12	Cumberland	12
13	Bladen, Brunswick, Columbus	7
14	Durham	9
15A	Alamance	6
15B	Orange, Chatham	5
16A	Scotland, Hoke	3
16B	Robeson	7
17A	Rockingham	4
17B	Stokes, Surry	4
18	Guilford	17
19A	Cabarrus	 	4
19B	Montgomery, Randolph	5
19C	Rowan	4
20	Anson, Moore, Richmond,	11
Stanly, Union
21	Forsyth	12
22	Alexander, Davidson, Davie,	11
Iredell
23	Alleghany, Ashe, Wilkes,	4
Yadkin
24	Avery, Madison, Mitchell,	3
Watauga, Yancey
25	Burke, Caldwell, Catawba	11
26	Mecklenburg	23
27A	Gaston	8
27B	Cleveland,	5
Lincoln
28	Buncombe	8
29	Henderson, McDowell, Polk,	8
Rutherford, Transylvania
30	Cherokee, Clay, Graham,	6
Haywood, Jackson, Macon,
Swain."
	(e) G.S. 7A-60(a1) reads as rewritten:
"(a1)	The counties of the State are organized into prosecutorial districts, and each district has the counties and the number of full-time assistant district attorneys set forth in the following table:
No. of Full-Time
Prosecutorial	Asst. District
District	Counties	Attorneys
1	Camden, Chowan, Currituck,	7
Dare, Gates, Pasquotank,
Perquimans
2	Beaufort, Hyde, Martin,	4
Tyrrell, Washington
3A	Pitt	6
3B	Carteret, Craven, Pamlico	6
4	Duplin, Jones, Onslow,	10
Sampson
5	New Hanover, Pender	9
6A	Halifax	3
6B	Bertie, Hertford,	3
	Northampton
	7	Edgecombe, Nash, Wilson	10
8	Greene, Lenoir, Wayne	8
9	Franklin, Granville,	7
Vance, Warren
9A	Person, Caswell	2
	10	Wake	19
11	Harnett, Johnston, Lee	9
12	Cumberland	12
13	Bladen, Brunswick, Columbus	7
14	Durham	9
15A	Alamance	6
15B	Orange, Chatham	5
16A	Scotland, Hoke	3
16B	Robeson	7
17A	Rockingham	4
17B	Stokes, Surry	4
18	Guilford	17
19A	Cabarrus	 	4
19B	Montgomery, Randolph	5
19C	Rowan	4
20	Anson, Moore, Richmond,	11
Stanly, Union
21	Forsyth	12
22	Alexander, Davidson, Davie,	11
Iredell
23	Alleghany, Ashe, Wilkes,	4
Yadkin
24	Avery, Madison, Mitchell,	3
Watauga, Yancey
25	Burke, Caldwell, Catawba	11
26	Mecklenburg	27
27A	Gaston	8
27B	Cleveland,	5
Lincoln
28	Buncombe	8
29	Henderson, McDowell, Polk,	8
Rutherford, Transylvania
30	Cherokee, Clay, Graham,	6
Haywood, Jackson, Macon,
Swain."
(f) G.S. 7A-66 is rewritten to read:
"§ 7A-66.  Removal of district attorneys.
The following are grounds for suspension of a district attorney or for his removal from office:
(1)	Mental or physical incapacity interfering with the performance of his duties which is, or is likely to become, permanent;
(2)	Willful misconduct in office;
(3)	Willful and persistent failure to perform his duties;
(4)	Habitual intemperance;
(5)	Conviction of a crime involving moral turpitude;
(6)	Conduct prejudicial to the administration of justice which brings the office into disrepute; or
(7)	Knowingly authorizing or permitting an assistant district attorney to commit any act constituting grounds for removal, as defined in subdivisions (1) through (6) hereof.
A proceeding to suspend or remove a district attorney is commenced by filing with the clerk of superior court of the county where the district attorney resides a sworn affidavit charging the district attorney with one or more grounds for removal. The clerk shall immediately bring the matter to the attention of the senior regular resident superior court judge for the district or set of districts as defined in G.S. 7A-41.1(a)	in which the county is located who shall within 30 days either review and act on the charges or refer them for review and action within 30 days to another superior court judge residing in or regularly holding the courts of that district or set of districts. If the superior court judge upon review finds that the charges if true constitute grounds for suspension, and finds probable cause for believing that the charges are true, he may enter an order suspending the district attorney from performing the duties of his office until a final determination of the charges on the merits. During the suspension the salary of the district attorney continues. If the superior court judge finds that the charges if true do not constitute grounds for suspension or finds that no probable cause exists for believing that the charges are true, he shall dismiss the proceeding.
If a hearing, with or without suspension, is ordered, the district attorney should receive immediate written notice of the proceedings and a true copy of the charges, and the matter shall be set for hearing not less than 10 days nor more than 30 days thereafter. The matter shall be set for hearing before the judge who originally examined the charges or before another regular superior court judge resident in or regularly holding the courts of that district or set of districts. The hearing shall be open to the public.  All testimony shall be recorded. At the hearing the superior court judge shall hear evidence and make findings of fact and conclusions of law and if he finds that grounds for removal exist, he shall enter an order permanently removing the district attorney from office, and terminating his salary.  If he finds that no grounds exist, he shall terminate the suspension, if any.
The district attorney may appeal from an order of removal to the Court of Appeals on the basis of error of law by the superior court judge.  Pending decision of the case on appeal, the district attorney shall not perform any of the duties of his office. If, upon final determination, he is ordered reinstated either by the appellate division or by the superior court upon remand his salary shall be restored from the date of the original order of removal.
If the court finds that any affidavit upon which a proceeding under this section is brought is not grounded in fact, or is unwarranted by existing law or a good faith argument for the extension, modification or reversal of existing law, or is filed for an improper purpose such as harassment, the court, upon motion or upon its own initiative, shall impose sanctions against the person making or filing the affidavit.  The sanctions may include an order to pay the district attorney the amount of the reasonable expenses incurred, including reasonable attorneys' fees."
(g)  There is established a pilot drug court program in the Thirteenth Judicial District, to be administered by the Administrative Office of the Courts.  The purpose of the pilot program is to determine whether the establishment of drug courts statewide is feasible and cost-effective.  The Administrative Office of the Courts shall evaluate the pilot and file a report on the pilot with the General Assembly on or before the convening of the 1995 General Assembly, Regular Session 1996.  The pilot shall terminate on December 31, 1996.  The pilot program shall be conducted within existing funds of the Administrative Office of the Courts, except for any appropriations in this act.
(h)  Of the funds appropriated in this act from the General Fund to the Judicial Department, the sum of two hundred thirty-one thousand three hundred thirty-four dollars ($231,334) for the 1994-95 fiscal year shall be used to continue funding the Mecklenburg County Drug Court program during the fourth quarter of the 1994-95 fiscal year.  The Governor's Crime Commission grant supporting this program expires March 31, 1995.
(i)  Of the funds appropriated in this act from the General Fund to the Department of Correction the sum of eight thousand seven hundred fifty dollars ($8,750) for the 1994-95 fiscal year shall be used to establish one probation officer position to work with the Mecklenburg County Drug Court Program.
(j) Of the funds appropriated from the General Fund to the Judicial Department the sum of fifty-nine thousand nine hundred twenty-seven dollars ($59,927) for the 1994-95 fiscal year shall be used to fund the assistant district attorney position established in subsection (d) of this section.
(k) Of the funds appropriated from the General Fund to the Judicial Department the sum of one hundred fifteen thousand four hundred seven dollars ($115,407) for the 1994-95 fiscal year shall be used to fund the special superior court judgeship established in subsection (c) of this section.
(l)  Subsections (c), (d), (g), (j), and (k) of this section become effective July 1, 1994.  Subsections (a), (b), (e), (h), and (i) of this section become effective April 1, 1995.  Subsection (f) of this section is effective upon ratification.

PART 12.  DEPARTMENT OF JUSTICE

Requested by:  Senators Cooper and Odom
NORTH CAROLINA DRUG COURT PROGRAM
Sec. 36. (a) Subchapter IV of Chapter 7A of the General Statutes is amended by adding a new Article to read:
"ARTICLE 19A.
"North Carolina Drug Treatment Court Program Act.
"§ 7A-233.  Short title.
This Article shall be known and may be cited as the 'North Carolina Drug Treatment Court Program Act of 1994'.
"§ 7A-234.  Purpose.
The General Assembly recognizes that there is a critical need in this State for programs within the criminal justice system that will reduce the incidences of drug addiction and crimes committed as a result of drug addiction.  It is the intent of the General Assembly by this Article to create a program to facilitate the creation of drug treatment courts in all prosecutorial districts and to fund pilot programs in a minimum of two prosecutorial districts.  The General Assembly intends further by this Article to encourage and assist prosecutorial districts in developing programs that will provide intensive treatment for drug users and addicts, reduce the repeat offenses committed by the potential drug abuse population, and expedite the movement of certain felonies and misdemeanors through the court system.
"§ 7A-235.  Definitions.
The following definitions apply in this Article:
(1)	Drug treatment court.  A session of district court created under this Article to provide a court-operated rehabilitation program as an alternative to prosecution.
(2)	Drug treatment court judge.  The district court judge who is assigned the special duty of presiding over the drug treatment court.
(3)	Drug offense.  A violation of the Controlled Substances Act, Article 5 of Chapter 90 of the General Statutes, as set out in G.S. 90-95.
(4)	Post-plea sentence deferral program.  A drug treatment court program in which a defendant must enter a plea of guilty to the charges before entering the program.
(5)	Pre-plea diversion program.  A drug treatment court program that a defendant may enter before entering any plea to the charges.
(6)	State Drug Treatment Court Program Director.  The person employed by the Department of Justice to monitor and coordinate the operation and evaluation of the North Carolina Drug Treatment Court Program.
"§ 7A-236.  Establishment of program.
The North Carolina Drug Treatment Court Program is established in the Department of Justice to facilitate the creation of drug treatment court programs and the funding of pilot drug treatment court programs.  All drug treatment court programs shall operate according to this Article and the guidelines developed by the State Drug Treatment Court Management Committee.  However, nothing in this Article prohibits or limits any prosecutorial district from establishing a local drug treatment court program regardless of source of funding.
"§ 7A-237.  Fund administration.
The Drug Treatment Court Program Fund is created in the Department of Justice and administered by the Attorney General in consultation with the State Drug Treatment Court Management Committee established in G.S. 7A-239.  This Fund shall provide grants awarded by the Attorney General to prosecutorial districts that submit the most comprehensive and feasible plan for the implementation of either a post-plea sentence deferral program or a pre-plea diversion program in that prosecutorial district.  The grant money shall be awarded according to the recommendation of the Attorney General and the State Drug Treatment Court Management Committee established in G.S. 7A-239.  Grants shall be awarded to at least two prosecutorial or judicial districts based upon the general guidelines set forth in this Chapter and any further requirements established by the Attorney General.
"§ 7A-238.  Drug treatment court model.
The Attorney General, in conjunction with the State Drug Treatment Court Management Committee established in G.S. 7A-239, shall develop criteria for eligibility and other procedural and substantive guidelines for models of both a pre-plea diversion program and a post-plea sentence deferral program.
"§ 7A-239.  State Drug Treatment Court Management Committee.
The State Drug Treatment Court Management Committee is established to monitor the drug treatment court program statewide.  The Committee shall be chaired by the Attorney General or the Attorney General's designee and shall consist of the following persons or their designees:
(1)	The Chief Justice of the North Carolina Supreme Court.
(2)	The President of the Conference of District Attorneys.
(3)	The Chief Appellate Defender.
(4)	The President of the North Carolina Community College System.
(5)	The Secretary of the Department of Human Resources.
(6)	The President of the Association of Clerks of Superior Court.
(7)	The State Drug Treatment Court Program Director.
(8)	Any other person later selected by this Committee.
The Committee shall promulgate guidelines for the operation and evaluation of the North Carolina Drug Treatment Court Program.
"§ 7A-239.1.  Local drug treatment court management committee.
Each district choosing to establish a drug treatment court or applying to participate in a funded pilot program shall form a local drug treatment court management committee consisting of the following persons appointed by the district attorney for that district:
(1)	A district court judge.
(2)	A district attorney or assistant district attorney.
(3)	A public defender, assistant public defender, or member of the private criminal defense bar.
(4)	A clerk of superior court.
(5)	A representative of the local community college.
(6)	A representative of treatment providers.
(7)	The local program director.
(8)	Any other person selected by the local management committee.
The local drug treatment court management committee shall promulgate guidelines, not inconsistent with State guidelines, necessary for the operation and evaluation of the local drug treatment court.
"§ 7A-239.2.  Plan for evaluation.
Each grant application for the pilot programs requesting funding shall contain a method for evaluating the pilot program's effectiveness.  Additionally, the State Drug Treatment Court Program Director shall be responsible for developing an evaluation model on the State level to compare the effectiveness of all the pilot programs.
"§ 7A-239.3.  Approval of district attorney.
Within the general guidelines of the drug treatment court models established under G.S. 7A-238, the district attorney in each prosecutorial district establishing a local drug treatment court program regardless of source of funding shall have the right to approve or reject at all times before entry, a defendant's entry into the drug treatment court program.
In determining eligibility of a defendant for entry into the program, the district attorney shall consider whether the defendant has any other outstanding arrest warrants, prior or pending restraining orders, significant prior incidents of failing to appear, or a violent prior criminal history.
"§ 7A-239.4.  Limited jurisdiction in district court for guilty pleas.
In any prosecutorial district participating in a program established under Article 19A of the General Statutes as set out in this Article, the district court shall have concurrent jurisdiction with the superior court for the limited purpose of accepting pleas of guilty or no contest from defendants who have agreed by written agreement and written transcript of plea to enter a drug treatment court program, and of entering judgment accordingly, with respect to any Class H, I, or J felony.  Entry of the plea and disposition in the district court shall be accomplished according to either a bill of information or a bill of indictment.  Before accepting the plea, the court shall determine that both the State and the defendant consent to entry of the plea and disposition in the district court, and neither party may withdraw consent once the court accepts the plea.
The chief district judge of each district court district and the senior resident superior court judge for the district shall jointly establish by local rules the procedure for disposing of felonies under this section.  The rules shall provide for verbatim recordation, in a manner approved by the Administrative Office of the Courts, of proceedings related to the felonies, including proceedings that are usually recorded in the superior court.
The judgment entered in the district court division shall be final as with judgments in the superior court division, and any appeal authorized shall be to the appellate division.  Any proceedings that arise from the disposition of the case, including probation revocation hearings, termination of drug treatment court program hearings, and sentencing hearings, shall be handled under the jurisdiction of the district court similarly to the practice and procedure in superior court, and the action of the district court shall be final, including for the purpose of any appeal to the appellate division.
"§ 7A-239.5.  Admission of guilt and stipulation.
In a pre-plea program, the defendant shall sign a confession of guilt to the charge and stipulations as required by the district attorney.
"§ 7A-239.6.  Guilty plea.
In a post-plea sentence deferral program, the defendant shall plead guilty before being accepted into the drug treatment court program.
"§ 7A-239.7.  Withdrawal and restoration of rights.
	In a pre-plea diversion program case, the defendant has 30 calendar days from the signing of the drug treatment court agreement to withdraw from the drug treatment court program.  The defendant shall notify the presiding judge in open court of the decision to withdraw from the program and the decision to be tried on the original charge or charges.  Upon the judge's finding of withdrawal, all previously waived rights are restored to the defendant and the defendant shall be given a date for trial or probable cause hearing.
In a post-plea sentence deferral program, the defendant has 30 calendar days from the signing of the transcript of plea to appear in open court and withdraw the plea.  Upon the judge's finding of withdrawal, all previously waived rights shall be restored to the defendant and the defendant shall be given a date for trial or probable cause hearing.
"§ 7A-239.8.  Cost and fees.
Each defendant shall pay the proportionate cost of the defendant's drug treatment court program.  The drug treatment court judge shall determine the amount and schedule of payment after considering the defendant's income and ability to pay.
"§ 7A-239.9.  Restitution to victim.
In any case in which a victim has suffered a monetary loss as a result of the acts for which the defendant is charged, the drug treatment court judge shall order the defendant to pay into the court money as restitution for the use and benefit of the victim.  The payment of restitution shall take precedence over the payment of the costs of treatment and court costs.  The clerk shall pay restitution to the victim as that restitution is paid into the office of the clerk of superior court.
"§ 7A-239.10.  Disposition of charges against defendant completing program.
Upon the defendant's successful completion of a pre-plea diversion program, the district attorney shall dismiss the charge against the defendant.
	Upon the defendant's successful completion of a post-plea sentence deferral program, the judge shall allow the defendant to withdraw the plea and the district attorney shall dismiss the case."
(b) G.S. 7A-272 is amended by adding a new subsection to read:
"( c)	In any prosecutorial district participating in a drug treatment court program established under Article 19A of the General Statutes as set out in G.S. 7A-233 et seq. and entitled 'The North Carolina Drug Treatment Court Program Act of 1994', the district court shall have concurrent jurisdiction with the superior court for the limited purpose of accepting pleas of guilty or no contest from defendants who have agreed by written agreement and written transcript of plea to enter a drug treatment court program, and of entering judgment accordingly, with respect to any Class H, I, or J felony.  Entry of the plea and disposition in the district court shall be accomplished according to either a bill of information or a bill of indictment.  Before accepting the plea, the court shall determine that both the State and the defendant consent to entry of the plea and disposition in the district court, and neither party may withdraw consent once the court accepts the plea.
The chief district judge of each district court district and the senior resident superior court judge for the district shall jointly establish by local rules the procedure for disposing of felonies under this section.  The rules shall provide for verbatim recordation, in a manner approved by the Administrative Office of the Courts, of proceedings related to the felonies, including proceedings that are usually recorded in the superior court.
The judgment entered in the district court division shall be final as with judgments in the superior court division, and any appeal authorized shall be to the appellate division.  Any proceedings that arise from the disposition of the case, including probation revocation hearings, termination of drug treatment court program hearings, and sentencing hearings, shall be handled under the jurisdiction of the district court similarly to the practice and procedure in superior court, and the action of the district court shall be final, including for the purpose of any appeal to the appellate division.
The costs of court for district court shall apply in a case disposed of in the district court under this section unless the defendant has entered a plea in the superior court.  Once the defendant enters a plea in the superior court, the costs of superior court shall attach for the case, even if the case is disposed of in district court and the defendant has withdrawn the plea in the superior court."
(c) G.S. 15A-641(b) reads as rewritten:
"(b)	An information is a written accusation by a prosecutor, filed with a superior court, or filed with a district court as to a defendant entering a plea of guilty or no contest in the district court under G.S. 7A-272(c), charging a person represented by counsel with the commission of one or more criminal offenses."
(d) G.S. 15A-644(b) reads as rewritten:
"(b)	An information must contain everything required of an indictment in subsection (a) except that the accusation is that of the prosecutor and the provisions of subdivision (a)(5) do not apply, and the name of the district court shall be used in place of the superior court as to a case disposed of in the district court under G.S. 7A-272(c).  The information must also contain or have attached the waiver of indictment pursuant to G.S. 15A-642(c)."
(e) G.S. 15A-923(a) reads as rewritten:
"(a)	Prosecution on Information or Indictment. – The pleading in felony cases and misdemeanor cases initiated in the superior court division must be a bill of indictment, unless there is a waiver of the bill of indictment as provided in G.S. 15A-642. If there is a waiver, the pleading must be an information.  Either an indictment or an information may serve as the pleading for a felony disposed of in the district court under G.S. 7A-272(c).  A presentment by the grand jury may not serve as the pleading in a criminal case."
(f)  Subsections (a) through (e) of this section become effective May 1, 1994, and expire June 30, 1996.  The remainder of this section becomes effective May 1, 1994.

PART 13.  PUBLIC SCHOOLS

Requested by:  Senators Martin of Guilford and Perdue
SUPPORT OUR STUDENTS (S.O.S.) PILOT PROGRAM
Sec. 37. (a)	Article 16 of Chapter 115C of the General Statutes is amended by adding a new Part to read:
"Part 8. S.O.S. Program.
"§ 115C-238.40.  Establishment of program; purpose; goals.
(a)	There is created under the general supervision of the State Board of Education the Support Our Students (S.O.S.) Pilot Program.  The purpose of the program is to award three-year grants to local school administrative units to establish S.O.S. centers that provide high quality after-school activities for middle school-aged children and provide for comprehensive, collaborative delivery of services by public and nonpublic agencies to these children and their families.  These services shall be designed to enrich and make a positive impact on the lives of middle school-aged children.
(b)	The goals of the program are to:
(1)	Reduce juvenile crime in local communities served by the program;
(2)	Recruit community volunteers to provide positive adult role models for middle school-aged children and to help supervise after-school activities;
(3)	Reduce the number of students who are unsupervised after school, otherwise known as 'latchkey' children;
(4)	Improve the academic performance of students participating in the program;
(5)	Meet the physical, intellectual, emotional, and social needs of students participating in the program and improve their attitudes and behavior;
(6)	Establish local programs designed to enhance the abilities of families in assisting their children to attain academic and social success; and
(7)	Improve coordination of existing resources and enhance collaboration so as to provide services to middle school-aged children and their families effectively and efficiently.
"§ 115C-238.41.  Definitions.
The following definitions apply in this Part:
(1)	County Council. – Established in G.S. 143B-152.4.
(2)	Grant Review Committee. – Established in G.S. 143B-152.3.
(3)	Middle school-aged children. – Children enrolled in grades six, seven, eight, or nine who do not attend a public school with only grades nine through twelve.
"§ 115C-238.42.  Administration of the program.
The State Board of Education shall develop and implement the Support Our Students (S.O.S.) Program and shall consider the recommendations of the State Superintendent of Public Instruction in this development and implementation.  The State Board has, and may delegate, the following duties:
(1)	Sponsoring a statewide conference each year for teams of interested representatives from each local school administrative unit to provide background information and assistance regarding all aspects of the program;
(2)	Developing and disseminating each year a process for applying for grants;
(3)	Reviewing grant proposals and awarding grants before July 1 of each year in accordance with G.S. 115C-238.44.
(4)	Disseminating information regarding the program to interested local community groups;
(5)	Providing initial technical assistance to grant applicants and ongoing technical assistance as grants are implemented;
(6)	Administering funds appropriated by the General Assembly;
(7)	Monitoring the grants funded;
(8)	Revoking a grant if necessary or appropriate; and
(9)	Reporting annually on program implementation to the Joint Legislative Committee on Education Oversight, the Office of the Governor, and the Governor's Council on Children, Youth, and Families.
The State Board shall adopt rules to implement this Part.
"§ 115C-238.43.  Neighborhood S.O.S. Council; application for grants.
(a)	A County Council shall identify the school or schools whose middle school-aged students are to be served by an S.O.S. center.  Only schools that serve middle school-aged children in at least two of the grades six through nine shall be identified.  Upon this identification, the County Council shall establish a Neighborhood S.O.S. Council for each S.O.S. center that reflects the racial and socioeconomic diversity of the neighborhood or neighborhoods to be served and that may include the school's principal, a teacher, parents of children who will be eligible for services at the center, students, a representative of the school's Parent Teacher Association, representatives of local organizations that provide services to middle school-aged children, representatives of business and industry or local nonprofit organizations, and any other interested persons.
(b)	The Neighborhood S.O.S. Council, in consultation with the County Council, shall determine the physical location of the S.O.S. center.  If the location is to be in the school or on school property, the Neighborhood S.O.S. Council shall obtain the approval of the local board of education.  Any other location shall be confirmed by the owner of the property.  Upon receipt of the approval of the local board of education or the confirmation by the property owner, whichever is appropriate, the Neighborhood S.O.S. Council, in consultation with the County Council, shall develop an application for a grant for the S.O.S. center, and shall submit the application to the Grant Review Committee.
(c)	The grant proposal shall include:
(1)	Identification of the school or schools to be served by the S.O.S. center, based on a needs assessment of existing conditions for middle school-aged children to be served.  Data collected for each school to be served by a center shall include (i) dropout statistics, (ii) the number and percentage of middle school-aged children who participate in the federal subsidized lunch program, (iii) the number of suspensions and expulsions involving middle school-aged children, (iv) average daily membership of middle school-aged children, (v) the number and percentage of middle school-aged children with two working parents or one single working parent, (vi) the number of children to be served, and (vii) any other relevant or unique local demographic data;
(2)	A three-year plan, developed in consultation with the building-level school improvement team, appointed in accordance with G.S. 115C-238.3(b1), of each school whose students may be served by the grant, to address the needs of these students;
(3)	Goals and anticipated outcomes for initiatives, and a system to measure their success;
(4)	A list of services to be offered that are related to the goals and anticipated outcomes of the local plans.  These services shall include (i) supervision and enrichment activities for middle school-aged children following the regular school day, and (ii) the recruitment of a strong corps of volunteers for involvement in the program.  The services may include (i) transportation, (ii) parental involvement activities, and (iii) coordinated services offered by local community agencies relative to the needs of middle school-aged children and their families;
(5)	A budget including the use of existing resources; and
(6)	Any additional necessary information.
(d)	Notwithstanding subsection (c) of this section, a local school administrative unit may apply for a grant under this section if its application provides convincing evidence that genuine interagency collaboration was attempted, but failed, in the county in which the school administrative unit is located.  In this case, the local school administrative unit shall state in its application any future steps it plans to take to encourage and implement local-level collaboration and coordination of services for middle school-aged children and their families.
"§ 115C-238.44.  Grant selection.
(a)	The Grant Review Committee shall receive and review applications for grants to establish S.O.S. centers in order to make recommendations to the State Board of Education.  In its review and in making recommendations, the Grant Review Committee shall consider (i) the severity of the local problems as  determined by the needs assessment data, (ii) the likelihood that the locally designed plan will result in high quality after-school services for middle school-aged children, (iii) evidence of local collaboration, (iv) any innovative or experimental aspects of the plan that will make it a useful model for replication in other local school administrative units; (v) the availability of other resources or funds, and (vi) the amount needed to implement the proposal.
(b)	The State Board of Education shall award grants, based upon the recommendations of the Grant Review Committee and the factors set forth in subsection (a) of this section, to local school administrative units before July 1 of each year.
"§ 115C-238.45.  Administration of grant programs at the local level.
(a)	The local board of education shall administer any grant awarded by the State Board of Education under this program to establish the S.O.S. center. However, the Neighborhood S.O.S. Council shall develop the center's budget and shall monitor the ongoing operations of the S.O.S. center and make recommendations for improvement to the County Council and the local board of education, if appropriate.
(b)	Local boards of education may, and are encouraged to, use grant funds to contract for services for middle school-aged children.  Grant funds shall not be used to provide services for children who are not middle school-aged children.  Staffing should include the use of the community schools coordinator employed by the local board of education under G.S. 115C-209.
"§ 115C-238.46.  Program evaluation.
Local boards of education that receive a grant under this Part shall report by August 1 of each year to the State Board of Education on the implementation of the program.  This report shall demonstrate the extent to which the program has met the local needs, goals, and anticipated outcomes as set forth in the grant proposal."
(b)	Of the funds appropriated in this act from the General Fund to State Aid to Local School Administrative Units for the implementation of subsection (a) of this section, a maximum of one hundred thousand dollars ($100,000) may be used by the State Board of Education to administer the S.O.S. Program and to provide technical assistance to applicants and to S.O.S. centers.  For the 1994-95 fiscal year, the State Board of Education shall provide one grant to each local school administrative unit to establish one or more S.O.S. centers.  It is the goal of the General Assembly that all programs that receive grants for the 1994-95 fiscal year shall be operating at the beginning of the 1994-95 school year.  In no case shall the implementation of these programs begin later than January 31, 1995.
(c) The State Board of Education may use funds available in State Aid to Local School Administrative Units to carry out the work of the Grant Review Committee established in G.S. 143B-152.3 before July 1, 1994.

Requested by:  Senator Daniel
DIFFERENTIATED PAY LIMITED TO CERTIFIED SCHOOL PERSONNEL IN CAREER DEVELOPMENT PILOT UNITS
Sec. 38.  Section 4 of Chapter 263 of the 1993 Session Laws reads as rewritten:
"Sec. 4.  This act is effective upon ratification and applies to all differentiated pay plans in effect after July 1, 1994, except for differentiated pay plans in career development pilot units other than the Charlotte Mecklenburg pilot unit.  This act applies to all differentiated pay plans in career development pilot units, except the Charlotte Mecklenburg pilot unit, that are in effect after the effective date of legislation (i)	equalizing the funding formulas for differentiated pay in career development pilot units and in other local school administrative units or (ii) providing additional funding to implement this act."

Requested by:  Senators Perdue and Martin of Guilford
ALTERNATIVE SCHOOL GRANTS
Sec. 39. (a) Of the funds appropriated in this act from the General Fund to Aid to Local School Administrative Units for the 1994-95 fiscal year to provide grants for local school administrative units to enable them to establish, expand, or continue alternative school programs, a maximum of two hundred thousand dollars ($200,000) may be used by the Department of Public Instruction to provide technical assistance to grant applicants and recipients.  An alternative school program is a program for students whose behaviors make it appropriate to serve them outside of a standard classroom setting.  Characteristics of the program 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 teach responsibility, good citizenship, and respect for rules and authority.
These funds may be used for continuing or noncontinuing expenses.  The maximum amount of each grant shall be two hundred thousand dollars ($200,000).
(b)	A local school administrative unit may apply for one or more grants, or two or more adjacent local school administrative units may apply jointly for one or more grants.  In designing the proposal the applicant shall collaborate with local governmental and nongovernmental agencies that provide services to school-aged children, including at a minimum, schools, law enforcement, local government, youth services agencies and organizations, job training organizations, mental health, and health care providers, so as to design a program that avoids duplication of effort and expenditure of unnecessary funds.
(c)	An applicant for a grant shall submit to the State Board of Education an application that includes the following information:
(1)	An assessment of the need for the establishment or expansion of an alternative school program in the local school administrative unit.
(2)	 A statement of the mission and goals of the program. To assist applicants in developing a program or programs that best matches the needs of the school unit, the Department of Public Instruction shall develop materials and provide technical assistance to local units. The Department shall identify a variety of alternative school models including those developed by the Cities in Schools Program, the Youth and Family Counseling Services including the Options programs, and other successful programs being implemented throughout the State and nationally. The Department shall assist local units in identifying and modifying alternative school models to meet the needs of individual units.
(3)	A detailed plan for the establishment or expansion of, and for the operation of, the alternative school program.  Applicants are encouraged to include in this plan how the plan will serve the needs of several types of students including those: (i) whose behaviors are disruptive and threaten school safety, (ii) who are not achieving at their full potential, (iii) at risk of academic failure, and (iv) that would benefit from the alternative school setting.
(4)	Which of the following criteria for alternative schools will be included in the program as well as any additional criteria:
a.	Provide a personalized and caring approach towards each student and each student's academic program;
b.	Emphasize to each student that attendance in the alternative school program is a privilege and that an atmosphere in which all students can learn must be maintained at all times;
c.	Maintain a recommended student/teacher ratio of no more than 12 to 1;
d.	Have worker/volunteers to provide community-based services to students and their families;
e.	When practicable, serve no more than 150 students in a single alternative school program;
f.	Permit flexible scheduling, including night classes;
g.	Operate under rules and regulations developed by teachers and students;
h.	Increase student and parent involvement in decision making;
i.	Place increased emphasis on developing self-esteem through personal achievement;
j.	Provide training in parenting to the parents of students in the program and to students who have children;
k.	Emphasize citizenship skill training, community service work, responsible decision making, respect for cultural diversity, listening and communication skills, nonviolent methods for resolving conflict, including peer mediation;
l.	Have a committed staff that has participated in staff development activities on children with different learning styles and on training in positive discipline techniques;
m.	Work with local law enforcement officials to involve law enforcement officers in teaching classes and in participating in positive ways with students;
n.	Enter into agreements with existing youth service organizations to carry out alternative school activities; and
o.	How the plan will be coordinated with the school improvement plan and the school governance committee where applicable.
(5)	A statement of how the grant funds would be used and what other resources would be used for the establishment, expansion, or operation of the program.
(6)	A process for assessing on an annual basis the success of the alternative school program in meeting the needs of students assigned to it and enabling them to return to a standard classroom setting, to a job training program, or to gainful employment.
(d)	The State Board shall select grant recipients and shall develop guidelines for the selection of grant recipients. These guidelines shall be submitted to the cochairs of the Joint Legislative Education Oversight Committee and the cochairs of the Legislative Research Commission's Committee on Alternative Schools no later than June 1, 1994.  In selecting grant recipients the State Board shall consider the recommendations of the Superintendent.  The State Board shall select all grant recipients no later than September 1, 1994.
(e)  The Superintendent of Public Instruction shall appoint a task force to assist the Superintendent in reviewing grant applications.  The membership of the task force shall be generally reflective of the racial, socioeconomic, and geographic diversity of the State's population.  The task force may include representatives of the Department of Public Instruction, the Division of Social Services in the Department of Human Resources, the Health Division in the Department of Environment, Health, and Natural Resources, school social workers, educators, parents, the juvenile justice system, social services, nongovernmental agencies providing services to children, and other members that the Superintendent deems appropriate.
In reviewing grant applications, the Superintendent shall consider the guidelines established by the State Board, the need for the establishment or expansion of an alternative school program in the local school administrative unit, the likelihood that the plan will result in the establishment or expansion of, and the operation of, a program that will benefit the students assigned to it, and the level of commitment of the local school administrative unit to the successful establishment or expansion of, and the operation of, the program.
(f)  The Department of Public Instruction shall provide technical assistance to grant applicants and recipients of the development of plans for the development or expansion of alternative school programs and on the implementation of those plans.
(g)  The State Board of Education shall report to the Joint Legislative Education Oversight Committee prior to March 15, 1995, and prior to January 15, 1996, on how the funds are being used and on assistance provided to local school administrative units by the Department of Public Instruction.
(h)  G.S. 7A-648 is amended to add a new subdivision to read:
"(4)	Unless the juvenile is a child with special needs pursuant to Article 9 of Chapter 115C of the General Statutes and notwithstanding any law to the contrary, order that the juvenile attend an alternative school program in the local school administrative unit if the juvenile has been expelled or suspended by the local board of education or the judge finds that the juvenile's behavior makes it appropriate for the juvenile to attend an alternative school and it is in the best interest of the juvenile and not adverse to the interest of the local school administrative unit for the juvenile to attend an alternative school.
		If the juvenile is a child with special needs pursuant to Article 9 of Chapter 115C of the General Statutes, request the child's local educational agency to have the appropriateness of the child's placement reconsidered in light of the judge's finding that the juvenile's behavior makes it more appropriate for the juvenile to attend an alternative school and it is in the best interest of the juvenile and not adverse to the interest of the local school administrative unit for the juvenile to attend an alternative school."
(i)  G.S. 115C-366(b) reads as rewritten:
"(b)	Each local board of education shall assign to a public school each student qualified for assignment under this section.  Except as otherwise provided by G.S. 7A-648(4) or any other provision of law, the authority of each board of education in the matter of assignment of children to the public schools shall be full and complete, and its decision as to the assignment of any child to any school shall be final."
(j)  G.S. 115C-391(e) reads as rewritten:
"(e)	A decision of a local board under subsection (c) or (d) is final and, except as provided in this subsection, is subject to judicial review in accordance with Article 4 of Chapter 150B of the General Statutes.  A person seeking judicial review shall file a petition in the superior court of the county where the local board made its decision.
The decision may also be modified in accordance with G.S. 7A-648(4)."
(k) This section becomes effective July 1, 1994, and applies to offenses committed on or after that date.

PART 14.  GENERAL ASSEMBLY

Requested by:  Senators Sherron and Daniel
TASK FORCE ON OFFENDERS' DRUG AND ALCOHOL REHABILITATION AND EDUCATION
Sec. 39.1. (a) There is created the Task Force on Offenders' Drug and Alcohol Rehabilitation and Education to study methods for providing alcohol and drug treatment programs and educational programs to offenders.  The Task Force shall be composed of eight members:
(1)	The Governor, who shall chair the Task Force;
(2)	The Secretary of Correction;
(3) 	The Assistant Secretary of Correction for Substance Abuse;
(4)	The Secretary of Human Resources;
(5)	The Director of the Division of Mental Health, Developmental Disabilities and Substance Abuse Services, Department of Human Resources;
(6)	The Chief of the Substance Abuse Services Section, Division of Mental Health, Developmental Disabilities and Substance Abuse, Department of Human Resources;
(7)	The President of the North Carolina Community College System; and
(8)	The Superintendent of Public Instruction.
(b)	The Task Force on Offenders' Drug and Alcohol Rehabilitation and Education shall:
(1) 	Develop a plan and a cost estimate for converting a number of prison facilities into intensive drug and alcohol rehabilitation centers, for identifying inmates with drug and alcohol problems, and for mandating proven treatment procedures for those inmates;
(2)	Develop a plan and a cost estimate for ensuring that persons sentenced to prison for crimes involving drugs or for crimes in which alcohol or drugs were a causative or contributing factor receive a full year of drug rehabilitation as a part of their sentence.  The plan shall provide for intensive drug therapy and gradual reintegration into society as the treatment progresses.  The plan shall also provide for parole conditioned upon total abstinence from alcohol and drugs, to be enforced through strict testing, with violators returned to prison for the full term of the original sentences.
(3)	Develop a plan and a cost estimate for establishing an extension program through either the Department of Community Colleges or the Department of Public Instruction to provide a General Education Development diploma (GED) to all offenders who have not obtained a high school diploma or a GED.  The plan shall include making continued work towards a GED a condition of probation or parole whenever necessary to ensure that the offender does obtain a GED.
The Task Force shall report its findings and recommendations to the General Assembly by May 15, 1994.

Requested by:  Senator Gulley
JOINT DEPARTMENTAL STUDY OF LIFE IMPRISONMENT SENTENCE
Sec. 40.  The Department of Correction, the Department of Crime Control and Public Safety, and the Department of Justice shall study the effect on the criminal justice system of having the sentence of life imprisonment without parole for certain criminal offenses and shall also consider whether the sentence of life imprisonment without parole has served as a deterrent with regard to those crimes for which it may be imposed, any other impact the sentence may have had on the crime rate generally, the fiscal impact that the sentence has had on the State's finances, and the projected costs to the State if the sentence continues to be imposed.  The Department of Correction, Department of Crime Control and Public Safety, and Department of Justice shall report to the General Assembly, the Joint Legislative Commission on Governmental Operations, and the appropriations committees in the House of Representatives and the Senate by January 1, 2005, on their findings and recommendations regarding the sentence of life imprisonment without parole.

Requested by:  Senators Perdue and Martin of Guilford
REPORT ON ANTICRIME INITIATIVES
Sec. 41.  Every agency of the State and every non-State agency or entity that receives State funds appropriated in the Extra Session 1994 for implementing program initiatives for reducing crime shall report to the Joint Legislative Corrections Oversight Committee at its first meeting and quarterly thereafter.  The report shall provide information on the expenditure of the funds, program implementation progress, and results to date.  The purpose of these reports is to provide the General Assembly and the citizens of this State with information on the progress and success of initiatives developed to reduce crime in North Carolina's communities.

Requested by:  Senator Lee
STUDY OF PRISON ENTERPRISES AND PRISON CANTEEN FUNDS
Sec. 42.  The Fiscal Research Division of the Legislative Services Office, in consultation with the Department of Correction, shall study the use of net profits from Prison Enterprises and Prison Canteen funds.  The Fiscal Research Division shall report to the Joint Legislative Commission on Governmental Operations, the Chairs of the Senate and House of Representatives appropriations committees, and the Chairs of the Senate and House of Representatives appropriations subcommittees on Justice and Public Safety.  This report shall be made not later than May 1, 1994.

Requested by:  Senators Cochrane, Perdue, and Martin of Guilford
FAMILY WELFARE RESPONSIBILITY STUDY
Sec. 43.  The General Assembly may study the issue of whether long-term crime prevention can be effected by providing incentives to families receiving Aid To Families With Dependent Children to act responsibly in raising their children, while recognizing that there are many families who now act responsibly in raising their families.
The study shall consider:
(1)	The feasibility of providing incentives;
(2)	What type of incentives are appropriate;
(3)	What standards should be used in determining the allocation of incentives; and
(4)	What penalties, if any, should be imposed for failing to comply with the standards.
The General Assembly may direct that these issues be studied by any other legislative study commission studying welfare reform.

Requested by: Senator Daniel
STUDY BUNKING OF INMATES IN SHIFTS
Sec. 44.  The Fiscal Research Division of the Legislative Services Office, in consultation with the Department of Correction, shall study the issue of bunking inmates in shifts.   The Fiscal Research Division shall report to the Joint Legislative Commission on Governmental Operations, the Chairs of the Senate and House of Representatives appropriations committees, and the Chairs of the Senate and House of Representatives appropriations subcommittees on Justice and Public Safety.  This report shall be made not later than May 1, 1994.

Requested by:  Senators Daniel, Carpenter, and Plexico
STUDY NEED FOR ESTABLISHING FUND TO REWARD FOR INFORMATION LEADING TO CONVICTION OF DRUG DEALERS/STUDY FUNDING CRIME STOPPERS
Sec. 45.  (a)	The Fiscal Research Division of the Legislative Services Office, in consultation with the Department of Correction, shall study the need for a fund to reward persons providing information leading to the arrest and conviction of drug dealers. The Fiscal Research Division shall report to the Joint Legislative Commission on Governmental Operations, the Chairs of the Senate and House of Representatives appropriations committees, and the Chairs of the Senate and House of Representatives appropriations subcommittees on Justice and Public Safety.  This report shall be made not later than May 1, 1994.
(b)	The Fiscal Research Division of the Legislative Services Office, in consultation with the Department of Crime Control and Public Safety, shall study the need for providing funds to North Carolina Crime Stoppers to be used as seed money for new crime stoppers programs and for providing funds for local crime stoppers programs. The Fiscal Research Division shall report to the Joint Legislative Commission on Governmental Operations, the Chairs of the Senate and House of Representatives appropriations committees, and the Chairs of the Senate and House of Representatives appropriations subcommittees on Justice and Public Safety.  This report shall be made not later than May 1, 1994.

Requested by:  Senators Cochrane, Odom, and Cooper
WELFARE REFORM STUDY
Sec. 46.  (a)	There is created the Legislative Study Commission on Welfare Reform.  The Commission shall consist of 14 members as follows:
(1)	Five Senators appointed by the President Pro Tempore of the Senate;
(2)	Two persons appointed by the President Pro Tempore of the Senate who are not members of the General Assembly;
(3)	Five members of the House of Representatives appointed by the Speaker of the House of Representatives; and
(4)	Two persons appointed by the Speaker of the House of Representatives who are not members of the General Assembly.
(b)	The President Pro Tempore of the Senate shall designate one Senator as cochair and the Speaker of the House of Representatives shall designate one Representative 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 committed by people who have been raised by families who have been receiving welfare but who have not been able to impart responsibility and maturity of judgment and expectations to their children.  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 totally, not just to amend mere pieces of it.
(d)	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 President Pro Tempore of the Senate and the Speaker of the House of Representatives.  Upon filing its final report, the Commission shall terminate.
(e)  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.
(f)  Members of the Commission who are members of the General Assembly shall receive subsistence and travel expenses at the rates set forth in G.S. 120-3.1.  Other members shall receive the amounts provided by Chapter 138 of the General Statutes.
(g)  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.
(h)  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.
(i)  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.

Requested by:  Senators Forrester, Ballance, and Soles
LEGISLATIVE COMMISSION ON THE CAUSES OF CRIME IN NORTH
CAROLINA
Sec. 47. (a) There is created the Legislative Commission on the Causes of Crime in North Carolina to be composed of 15 members: six Senators to be appointed by the President Pro Tempore of the Senate; six Representatives to be appointed by the Speaker of the House of Representatives; the Secretary of the Department of Crime Control and Public Safety; the Secretary of the Department of Human Resources; and the Attorney General.  The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair from their appointees.  The Commission may meet at any time upon the joint call of the cochairs.
(b) The Commission shall:
(1)	Review available information regarding the causes of crime in North Carolina, including relevant criminological, behavioral, sociological, and social sciences data, and other pertinent information on crime;
(2)	Review the relationship between adolescent childbearing and criminal behavior of adolescent parents and of children born to adolescent parents;
(3)	Conduct public hearings on the causes of crime in North Carolina;
(4)	Review studies regarding the causes of crime conducted by public and private entities of other jurisdictions; and
(5)	Develop legislative recommendations calculated to address effectively the root causes of crime in North Carolina.
(c)	With the prior approval of the Legislative Services Commission, the Legislative Administrative Officer shall assign professional and clerical staff to assist in the work of the Commission.  Clerical staff shall be furnished to the Commission through the Offices of the House and Senate Supervisors of Clerks.  The expenses of employment of the clerical staff shall be borne by the Commission.  The Commission may contract for consultant services as provided by G.S. 120-32.02.  With the prior approval of the Legislative Services Commission, the Commission may hold its meetings in the State Legislative Building or the Legislative Office Building.
	(d) The Commission shall submit a final written report of its findings and recommendations on or before the convening of the 1995 Session of the General Assembly.  The report shall be filed with the President Pro Tempore of the Senate and the Speaker of the House of Representatives.  Upon filing its final report, the Commission shall terminate.
(e)  Members of the Commission shall be paid per diem, subsistence, and travel allowances as follows:
(1)	Commission members who are members of the General Assembly, at the rate established in G.S. 120-3.1; and
(2)	Commission members who are officials or employees of the State, at the rate established in G.S. 138-6.
(f) All State departments and agencies and local governments and their subdivisions shall furnish the Commission and its staff with any information in their possession or available to them.
(g) Vacancies on the Commission shall be filled as follows:
(1)	For Commission members who are members of the General Assembly, by the same appointing officer who made the initial appointment; and
(2)	For Commission members who are public officials, with the official's successor in office.
(h)  This section becomes effective July 1, 1994.

Requested by:  Senators Simpson, Odom, and Cooper
JOINT LEGISLATIVE CORRECTIONS OVERSIGHT COMMITTEE
Sec. 48. (a) Chapter 120 of the General Statutes is amended by adding a new Article to read:
"ARTICLE 12J.
"Joint Legislative Corrections Oversight Committee.
"§ 120-70.93.  Creation and membership of Joint Legislative Corrections Oversight Committee.
The Joint Legislative Corrections Oversight Committee is established.  The Committee consists of 16 members as follows:
(1)	Eight members of the Senate appointed by the President Pro Tempore of the Senate, at least two of whom are members of the minority party; and
(2)	Eight members of the House of Representatives appointed by the Speaker of the House of Representatives, at least three of whom are members of the minority party.
Terms on the Committee are for two years and begin on the convening of the General Assembly in each odd-numbered year, except the terms of the initial members, which begin on appointment and end on the day of the convening of the 1995 General Assembly.  Members may complete a term of service on the Committee even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Committee.
A member continues to serve until his successor is appointed.  A vacancy shall be filled within 30 days by the officer who made the original appointment.
"§ 120-70.94.  Purpose and powers of Committee.
(a)	The Joint Legislative Corrections Oversight Committee shall examine, on a continuing basis, the correctional system in North Carolina, in order to make ongoing recommendations to the General Assembly on ways to improve the correctional system and to assist that system in realizing its objectives of protecting the public and of punishing and rehabilitating offenders.  In this examination, the Committee shall:
(1)	Study the budget, programs, and policies of the Department of Correction, to determine ways in which the General Assembly may improve the effectiveness of that Department;
(2)	Examine the effectiveness of the Department of Correction in implementing the public policy stated in G.S. 148-26 of providing work assignments and employment for inmates as a means of reducing the cost of maintaining the inmate population while enabling inmates to acquire or retain skills and work habits needed to secure honest employment after their release; and
(3)	Study any other corrections matters that the Committee considers necessary.
(b)	The Committee may make interim reports to the General Assembly on matters for which it may report to a regular session of the General Assembly.  A report to the General Assembly may contain any legislation needed to implement a recommendation of the Committee.
"§ 120-70.95.  Organization of Committee.
(a)	The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Corrections Oversight Committee.  The Committee shall meet at least once a quarter and may meet at other times upon the joint call of the cochairs.
(b)	A quorum of the Committee is nine members.  No action may be taken except by a majority vote at a meeting at which a quorum is present.  While in the discharge of its official duties, the Committee has the powers of a joint committee under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4.
(c)	Members of the Committee receive subsistence and travel expenses as provided in G.S. 120-3.1.  The Committee may contract for consultants or hire employees in accordance with G.S. 120-32.02.  The Legislative Services Commission, through the Legislative Administrative Officer, shall assign professional staff to assist the Committee in its work.  Upon the direction of the Legislative Services Commission, the Supervisors of Clerks of the Senate and of the House of Representatives shall assign clerical staff to the Committee.  The expenses for clerical employees shall be borne by the Committee."
(b) This section becomes effective July 1, 1994.

Requested by:  Senator Odom
LRC FARM CAMP STUDY
Sec. 49.  The Legislative Research Commission may study the feasibility of establishing a Farm Camp Program for troubled youth.  For purposes of this study, the term "troubled youth" means: (i) juvenile delinquents who would otherwise be committed to training schools, and (ii) adult criminals under the age of 21 years who are guilty of nonviolent felony offenses. The Department of Correction, the Department of Human Resources, the Division of Youth Services, and the Administrative Office of the Courts shall cooperate in the study. The study may include:
(1)	An analysis of similar work and community service programs established for troubled youth in this State and other states, which analysis shall include data on the recidivism rate of the troubled youth participating in the programs, the effects of the programs on the farm communities in which the youth are working, and the success rate of incorporating the youth in the work force after they leave the programs;
(2)	A review of academic and professional studies regarding the effects of community involvement and participation on youth, including an examination of the beneficial effects of providing troubled youth with the opportunity to develop work skills, to become productive citizens, and to develop self-confidence, independence, and self-esteem;
(3)	An analysis of whether the Farm Camp Program will  reduce the populations of the State prisons and training schools and any other anticipated effects it will have on the Department of Correction, the Department of Human Resources, and the Division of Youth Services;
(4)	A review of information from the North Carolina Farm Bureau Federation, Inc.;
(5)	An examination of the federal and State laws that affect troubled youth; and
(6)	A fiscal analysis of the costs of establishing and operating a Farm Camp Program for a five to 10-year period.

Requested by: Senators Kincaid and Soles
COURTS COMMISSION STUDY MAGISTRATES INFRACTIONS/LEVEL I MISDEMEANORS
Sec. 49.1. The North Carolina Courts Commission shall study whether to:
(1)	Expand the jurisdiction of magistrates to allow them to dispose of infractions;
(2)	Facilitate the procedure for disposing of infractions; and
(3)	Allow magistrates to dispose of all Level I misdemeanors according to plea agreements between the State and defendants.
The North Carolina Courts Commission shall make an interim report to the 1993 General Assembly, Regular Session 1994, no later than May 15, 1994, and shall make a final report to the 1995 Regular Session of the General Assembly no later than its convening.

Requested by: Senators Kincaid and Soles
COURTS COMMISSION STUDY CONCURRENT JURISDICTION BETWEEN THE DISTRICT AND SUPERIOR COURTS FOR DISPOSITION OF CERTAIN FELONIES
Sec. 49.2. The North Carolina Courts Commission shall study whether to provide concurrent jurisdiction between the district and superior courts for the disposition of certain felonies.
The North Carolina Courts Commission shall make an interim report to the 1993 General Assembly, Regular Session 1994, no later than May 15, 1994, and shall make a final report to the 1995 Regular Session of the General Assembly no later than its convening.

PART 15.  TECHNICAL CHANGES

Requested by:  Senators Daniel and Plyler
CORRECT OMISSION IN CHAPTER 561
Sec. 50. Chapter 561 of the 1993 Session Laws is amended by adding the following new section to read:
"MOST TEXT APPLIES ONLY TO 1993-95 BIENNIUM
Sec. 23.1.  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: Senator Plyler
EXTEND REPORTING DATE OF BUDGET PRACTICES STUDY COMMISSION
Sec. 51. Sec. 22(f) of Chapter 321 of the 1993 Session Laws reads as rewritten:
"(f)	The Budget Practices Study Commission shall report its findings and recommendations to the 1995 General Assembly upon its convening."

PART 15A.  CAPITAL IMPROVEMENT PROVISIONS

Requested by: Senators Daniel, Plyler, and Kaplan
RESERVE FOR ADVANCE PLANNING
Sec. 52.  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:  Senators Daniel, Plyler, and Kaplan
ENCUMBERED APPROPRIATIONS AND PROJECT RESERVE FUND
Sec. 53.  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: Senators Daniel, Plyler, and Kaplan
PROJECT COST INCREASE
Sec. 54.  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: Senators Daniel, Plyler, and Kaplan
NEW PROJECT AUTHORIZATION
Sec. 55.  Upon the request of the administration of any State department or institution, the Governor may authorize the construction of a capital improvement project not specifically authorized by the General Assembly if such 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.  Provided, however, that 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: Senators Daniel, Plyler, and Kaplan
ADVANCE PLANNING OF CAPITAL IMPROVEMENT PROJECTS
Sec. 56.  Funds which 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: Senators Daniel, Plyler, and Kaplan
APPROPRIATIONS LIMITS/REVERSION OR LAPSE
Sec. 57.  Except as permitted in previous sections of this act, the appropriations for capital improvements made by the 1994 Extra Session of the General Assembly may be expended only for specific projects set out by the 1994 Extra Session of the General Assembly and for no other purpose.  Construction of all capital improvement projects enumerated by the 1994 Extra Session of the 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:  Senators Daniel and Plyler
CONSTRUCTION FUND LIMITATIONS
Sec. 58.  (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, and the Secretary of Correction may, as appropriate and necessary, authorize construction of those beds at other facilities owned and operated by the Division of Prisons.
(b)	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.  With respect to funds appropriated to the Department of Administration for capital improvements and to the Department of Human Resources for construction of a 24-bed detention center, 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 which 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 15B.  MISCELLANEOUS PROVISIONS

Requested by:  Senators Daniel and Plyler
EFFECT OF HEADINGS
Sec. 59.  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:  Senators Daniel and Plyler
EFFECT OF REFERENCE TO INTRODUCED BILL
Sec. 60.  Parenthetical references to introduced bills, by bill number, are included as a convenience to the reader and are for information only.  These references do not expand, limit, or define the text of this act.

Requested by:  Senators Daniel and Plyler
EXECUTIVE BUDGET ACT REFERENCE
Sec. 61.  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:  Senators Daniel and Plyler
MOST TEXT APPLIES ONLY TO 1993-95 BIENNIUM
Sec. 62.  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:  Senators Daniel and Plyler
SEVERABILITY CLAUSE
Sec. 63.  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: Senators Daniel and Plyler
1993-94 APPROPRIATIONS LIMITATIONS AND DIRECTIONS APPLY
Sec. 64.  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.

TITLE II.  CRIME PREVENTION AND CONTROL

PART 16. BRUTAL RAPE SENTENCES

Sec. 135.  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. 135.1.  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. 135.2.  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. 135.3.  G.S. 14-20, as amended by Section 1129 of Chapter 539 of the 1993 Session Laws, reads 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. 135.4.  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. 135.5.  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. 135.6.  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. 135.7. 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. 135.8. 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. 135.9. 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.
For purposes of determining prior record points under this subsection, a conviction for a first degree rape or a first degree sexual offense committed prior to the effective date of this subsection shall be treated as a felony Class B1 conviction, and a conviction for any other felony Class B offense committed prior to the effective date of this subsection shall be treated as a felony Class B2 conviction."
Sec. 135.10. 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. 135.11. 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. 135.12. 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. 135.13. 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. 135.14. 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. 135.15. This Part becomes effective on the same date that Chapter 538 of the 1993 Session Laws becomes effective except that Sections 135.5, 135.10, and 135.11 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

Sec. 136.  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. 136.1.  Section 9 of Chapter 538 of the 1993 Session Laws is repealed.
Sec. 136.2.  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.  INCREASE FIREARM PENALTY

Sec. 137.  G.S. 14-2.2 reads as rewritten:
"§ 14-2.2.  
Sentencing of a person convicted of a Class A, B, B1, B2, 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, B1, B2, 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, B1, B2, 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. 137.1.  (a) G.S. 14-2.2(a), as amended by Section 137 of this act, reads as rewritten:
"(a)	If a person is convicted of a Class A, B, B1, B2, 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 137 of this act, is repealed.
(c)	Section 4 of Chapter 538 of the 1993 Session Laws is repealed.
Sec. 137.2.  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, B1, B2, 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, B1, B2, 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, B1, B2, C, D, or E felony.
(3)	The person did not actually possess a firearm about his or her person."
Sec. 137.3.  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. 137.4.  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. 137.5. 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. 137.6.  Sections 137, 137.3, and 137.5 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 19.  TRANSFER JUVENILES 13 YEARS OF AGE

Sec. 138. 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. 138.1. 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. 138.2. 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. 138.3.  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. 138.4.  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. 138.5.  Sections 138 through 138.3 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 20. THREE STRIKES YOU'RE IN

Sec. 139. 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. 139.1. Effective on the date Chapter 538 of the 1993 Session Laws becomes effective, G.S. 14-7.7(b), as enacted by Section 139 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. 139.2. 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. 139.3 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. 139.4. 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. 139.5.  Sections 139 and 139.5 of this act become effective May 1, 1994.  Section 139.2 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 139.1, 139.3, and 139.4 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.

PART 21.  EFFECTIVE DATE

Sec. 140.  Except as otherwise provided, this act is effective upon ratification.