A BILL TO BE ENTITLED
AN ACT to amend the laws governing the revocation of drivers licenses for failure to pay fine, penalty, or costs; to promote the dignity of incarcerated women and to modify prisoner location priorities; to require local confinement facilities to transfer health information with prisoners that are transferred to a state prison facility; to order a study of prisoner medical release and extension of limits of confinement; and to appropriate funds.
The General Assembly of North Carolina enacts:

PART I. MODIFICATIONS TO REVOCATION OF DRIVERS LICENSE DUE TO FAILURE TO PAY FINE, PENALTY, OR COSTS OF MOTOR VEHICLE OFFENSES
SECTION 1.(a)  G.S. 20‑24.1 reads as rewritten:
"§ 20‑24.1.  Revocation for failure to appear or pay fine, penalty or costs for motor vehicle offenses.
(a)	The Division must revoke the driver's license of a person upon receipt of notice from a court that the person was charged with a motor vehicle offense and one of the following occurs:
(1)	The person failed to appear, after being notified to do so, when the case was called for a trial or hearing.
(2)	The person failed to pay a fine, penalty, or court costs ordered by the court, and there is a court finding at sentencing that the person is able to pay and the license should be suspended if the person fails to pay.
Revocation orders entered under the authority of this section are effective on the sixtieth day after the order is mailed or personally delivered to the person.
(b)	A license revoked under this section remains revoked until one of the following occurs:
(1)	The person disposes of the charge in the trial division in which the person failed to appear when the case was last called for trial or hearing.
(2)	The person demonstrates to the court that the person is not the person charged with the offense.
(3)	The person pays the fine or penalty ordered by the court.
(4)	The person demonstrates to the court that the failure to pay the fine or penalty was not willful and that the person is making a good faith effort to pay or that the fine or penalty should be remitted.
(5)	For revocations under subdivision (a)(2) of this section, 12 months have passed since revocation.
Upon receipt of notice from the court that the person has satisfied the conditions of this subsection applicable to his case, the Division must restore the person's license as provided in subsection (c). In addition, if the person whose license is revoked is not a resident of this State, the Division may notify the driver licensing agency in the person's state of residence that the person's license to drive in this State has been revoked.
…
(c)	If the person satisfies the conditions of subsection (b) that are applicable to the person's case before the effective date of the revocation order, the revocation order and any entries on the person's driving record relating to it shall be deleted and the person does not have to pay the restoration fee set by G.S. 20‑7(i1). For all other revocation orders issued pursuant to this section, G.S. 50‑13.12 or G.S. 110‑142.2, the person must pay the restoration fee, unless the person is indigent, and satisfy any other applicable requirements of this Article before the person may be relicensed.
(d)	To facilitate the prompt return of licenses and to prevent unjustified charges of driving while license revoked, the clerk of court, upon request, must give the person a copy of the notice it sends to the Division to indicate that the person has complied with the conditions of subsection (b) applicable to the person's case. If the person complies with the condition before the effective date of the revocation, the notice must indicate that the person is eligible to drive if the person is otherwise validly licensed.
…."
SECTION 1.(b)  G.S. 20‑24.2 reads as rewritten:
"§ 20‑24.2.  Court to report failure to appear or pay fine, penalty or costs.
(a)	The court must report to the Division the name of any person charged with a motor vehicle offense under this Chapter who fails to do one of the following:
(1)	Appear to answer the charge as scheduled, unless within 20 days after the scheduled appearance, the person either appears in court to answer the charge or disposes of the charge pursuant to G.S. 7A‑146.
(2)	Pay a fine, penalty, or costs within 40 days of the date specified in the court's judgment.
…."
SECTION 1.(c)  This section becomes effective December 1, 2019.

PART II. DIGNITY FOR INCARCERATED WOMEN
SECTION 2.(a)  Part 2 of Article 13 of Chapter 143B of the General Statutes is amended by adding a new Subpart to read:
"Subpart D. Dignity for Incarcerated Women Act.
"§ 143B‑725.  Findings.
The General Assembly finds the following:
(1)	The number of incarcerated women in the State has increased from 2,842 in 2010 to 2,871 in 2018.
(2)	Children who grow up with parents in prison are six to seven times more likely to become incarcerated themselves.
(3)	Prisoners who maintain close contact with their family members while incarcerated have better post‑release outcomes and lower recidivism rates.
(4)	Children of inmates who are able to visit their imprisoned parents have increased cognitive skills.
(5)	To mitigate the collateral impact on families and children, the Department of Public Safety should consider the location of family.
(6)	Prenatal care significantly improves outcomes for pregnant women and infants.
(7)	Participation in post‑delivery mother‑infant residency or nursery programs is associated with lower recidivism rates, reduced risk of babies entering foster care, and improved odds that mothers and their babies will remain together after the mother's period of incarceration.
(8)	Use of restrictive housing and restraints on incarcerated pregnant women may be extremely dangerous to the health of mothers, fetuses, and infants.
(9)	Nationally, eighty‑six percent (86%) of women in prison were victims of sexual assault prior to entering the prison system.
"§ 143B‑726.  Care for incarcerated women related to pregnancy and childbirth.
(a)	Limitation on Use of Restraints. – Upon notification or diagnosis of an inmate's pregnancy, and for the duration of the pregnancy, and for 30 days following the inmate's delivery, the Department of Public Safety and correctional facility employees shall not apply the following restraints on a pregnant inmate unless a correctional facility employee has a reasonable belief that the inmate will harm herself, the fetus, or any other person, or pose a substantial flight risk:
(1)	Leg restraints.
(2)	Handcuffs or other wrist restraints, except to restrain the inmate's wrists in front of the inmate.
(3)	Restraints connected to other inmates.
(b)	Restraints During Labor and Delivery. – No restraints shall be used on any pregnant inmate while in labor or during delivery unless a correctional facility employee has a reasonable belief that the inmate will harm herself, the fetus, or any other person, or pose a substantial flight risk. In such case, the correctional facility employee ordering use of restraints on any inmate while in labor or during delivery shall submit a written report to the warden of the facility within 72 hours following the use of restraints, containing the justification for restraining the inmate during labor and delivery.
(c)	Invasive Searches. – No facility employee of the Department of Public Safety, other than a certified health care professional, shall conduct invasive body cavity searches of pregnant inmates unless the correctional facility employee has a reasonable belief that the inmate is concealing contraband. In such case, the correctional facility employee shall submit a written report to the warden of the facility within 72 hours following the invasive search, containing the justification for the invasive search and the presence or absence of any contraband.
(d)	Nutrition. – The Department of Public Safety shall ensure that pregnant inmates are provided sufficient food and dietary supplements as ordered by a physician, a physician staff member, or a facility nutritionist to meet generally accepted prenatal nutritional guidelines for pregnant women.
(e)	Restrictive Housing. – The Department of Public Safety shall not place any pregnant inmate, or any female inmate who has given birth within the previous 30 days, in restrictive housing unless a correctional facility employee has a reasonable belief that the inmate will harm herself, the fetus, or any other person, or pose a substantial flight risk. In such case, the correctional facility employee authorizing the placement of the inmate in restrictive housing shall submit a written report to the warden of the facility within 72 hours following the transfer, containing the justification for confining the inmate in restrictive housing.
(f)	Bed Assignments. – The Department of Public Safety shall not assign any pregnant inmate to any bed that is elevated more than 3 feet from the floor of the facility.
(g)	Reporting. – The warden of the facility shall compile a monthly summary of all written reports received pursuant to this section and G.S. 143B‑727. The warden shall submit the summary to the Secretary of the Department of Public Safety.
"§ 143B‑727.  Inmate postpartum recovery.
(a)	Restraints During Postpartum Recovery. – No restraints shall be used on any inmate who has given birth within the last 30 days and is in postpartum recovery, unless the Department of Corrections has a reasonable belief that the inmate will harm herself, her newborn, or any other person, or pose a substantial flight risk. In such case, the facility employee ordering use of restraints on any inmate while in postpartum recovery shall submit a written report to the warden of the facility within 72 hours following the use of restraints, containing the justification for restraining the inmate during postpartum recovery.
(b)	Bonding Period. – Following the delivery of a newborn by an inmate, the Department of Public Safety shall permit the newborn to remain with the inmate for 72 hours unless the medical provider has a reasonable belief that remaining with the inmate poses a health or safety risk to the newborn.
(c)	Nutritional and Hygiene Products. – During the period of postpartum recovery, the Department of Public Safety shall make available the necessary nutritional and hygiene products, including diapers, to care for the newborn. If the inmate qualifies as indigent, such products shall be provided without cost to the inmate.
"§ 143B‑728.  Family considerations; inmate placement; visitation.
(a)	Placement. – To the greatest extent practicable, after accounting for security and capacity, the Department of Public Safety shall place inmates who are parents of minor children within 250 miles of their permanent address of record.
(b)	Visitation. – The Department of Public Safety shall adopt rules authorizing visitation of inmates who are parents of minor children with low‑ or minimum‑security classifications by minor dependents with the minimum following requirements:
(1)	Opportunities for dependent children under the age of 18 to visit an incarcerated parent at least twice per week unless a correctional facility employee has a reasonable belief that the dependent child:
a.	May be harmed during visitation.
b.	Poses a security risk due to a gang affiliation, prior conviction, or past violation of facility contraband policy.
(2)	Eliminating restrictions on the number of dependent children under the age of 18 that may be permitted visitation privileges.
(3)	Authorizing contact visits for inmates who are parents of minor children.
"§ 143B‑729.  Inspection by employees of department.
(a)	Inspections Where a Female Inmate Is in the State of Undress. – To the greatest extent practicable and consistent with safety and order, the Secretary of the Department of Public Safety shall issue regulations that limit inspections by male correctional officers where a female inmate is in a state of undress. Nothing in this section shall limit the ability of a male correctional officer from conducting inspections where a female may be in a state of undress if no female correctional officers are available.
(b)	Documentation Requirement. – If a male correctional officer deems it is appropriate to conduct an inspection or search while a female inmate is in a clear state of undress in an area such as the shower, the medical examination room, toilet areas, or where a female inmate is having a body cavity search, the male correctional officer shall submit a written report to the warden of the facility within 72 hours following the inspection or search, containing the justification for a male correctional officer to inspect the female inmate while in a state of undress.
"§ 143B‑730.  Access to feminine hygiene products.
Access to Menstrual Hygiene Products. – The Department of Public Safety shall ensure that sufficient menstrual products are available at each facility for all incarcerated women that have an active menstrual cycle. Female inmates who otherwise qualify as indigent shall be provided menstrual hygiene products as needed at no cost.
"§ 143B‑731.  Training and technical assistance.
(a)	Correctional Facility Employee and Correctional Officer Training. – The Department of Public Safety shall develop and provide to all correctional facility employees and correctional officers who have contact with pregnant inmates training related to the physical and mental health of pregnant inmates and fetuses, including:
(1)	General care of pregnant women.
(2)	The impact of restraints on pregnant inmates and fetuses.
(3)	The impact of being placed in restrictive housing on pregnant inmates.
(4)	The impact of invasive searches on pregnant inmates.
(b)	Educational Programming for Pregnant Inmates. – The Department of Public Safety shall develop and provide educational programming for pregnant inmates related to:
(1)	Prenatal care.
(2)	Pregnancy‑specific hygiene.
(3)	Parenting skills.
(4)	The impact of alcohol and drugs on the fetus.
(5)	General health of children.
"§ 143B‑732.  Definitions.
As used in this Subpart, the following definitions apply:
(1)	Body cavity searches. – Invasive searches of inmates conducted by correctional facility employees in search of contraband.
(2)	Correctional facility employee. – Anyone who is employed by the facility or the State Department of Public Safety.
(3)	Flight risk. – An inmate who has shown the desire to escape the facility.
(4)	Indigent. – An inmate who has less than an average of sixteen dollars ($16.00) in the inmate's prison account.
(5)	Menstrual hygiene products. – Products that women use during their menstrual cycle. These include tampons, sanitary napkins, and menstrual cups.
(6)	Postpartum recovery. – The eight‑week period following delivery, or longer, as determined by the health care professional responsible for the health and safety of the prisoner.
(7)	Restraints. – Any physical or mechanical device used to restrict or control the movement of a prisoner's body, limbs, or both.
(8)	Restrictive housing. – Any type of detention that involves both:
a.	Removal from the general inmate population, whether voluntary or involuntary.
b.	An inability to leave a room or cell for the vast majority of the day.
(9)	State of undress. – A situation where an inmate is partially or fully naked, either in the shower, toilet areas, a medical examination room, or while having a body cavity search conducted."
SECTION 2.(b)  There is appropriated from the General Fund to the Department of Public Safety, Division of Adult Correction, the sum of three million dollars ($3,000,000) for the 2019‑2020 fiscal year for the purposes of implementing the statutory requirements of this section regarding restraint policies for inmates during pregnancy and postpartum recovery.
SECTION 2.(c)  Subsection 2(a) of this section becomes effective October 1, 2019. Subsection 2(b) of this section becomes effective July 1, 2019.

PART III. PRISONER LOCATION PRIORITY
SECTION 3.(a)  G.S. 148‑4 reads as rewritten:
"§ 148‑4.  Control and custody of prisoners; authorizing prisoner to leave place of confinement.
The Secretary of Public Safety shall have control and custody of all prisoners serving sentence in the State prison system, 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 Division of Adult Correction and Juvenile Justice of the Department of Public Safety, shall be construed as a commitment, for such terms of imprisonment as the court may direct, to the custody of the Secretary of Public Safety or his authorized representative, who shall designate the places of confinement within the State prison system where the sentences of all such persons shall be served. The Secretary shall, subject to (i) bed availability, (ii) the prisoner's security designation and other security concerns, (iii) the prisoner's programmatic needs, (iv) the prisoner's mental and medical health needs, (v) any request made by the prisoner related to faith‑based needs, (vi) recommendations of the sentencing court, and (vii) other security concerns of the Department of Public Safety, place the prisoner in a facility as close as practicable to the prisoner's primary residence, and to the extent practicable, in a facility within 125 driving miles of that residence. The Secretary shall, subject to consideration of the factors described in the preceding sentence and the prisoner's preference for staying at the prisoner's current facility or being transferred, transfer prisoners to facilities that are closer to the prisoner's primary residence even if the prisoner is already in a facility within 125 driving miles of that residence. Notwithstanding any other provision of law, a designation of a place of imprisonment under this section is not reviewable by any court. 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 Public Safety 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 Public Safety 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
…
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 Public Safety, shall be deemed an escape from the custody of the Secretary of Public Safety punishable as provided in G.S. 148‑45."
SECTION 3.(b)  This section becomes effective October 1, 2019.

PART IV. REQUIRE JAILS TO PROVIDE HEALTH INFORMATION FOR INMATES TRANSFERRED FROM JAILS TO PRISONS
SECTION 4.(a)  G.S. 153A‑225 is amended by adding a new subsection to read:
"(b2)	Whenever a local confinement facility transfers a prisoner from that facility to a State prison facility, the transferring facility shall provide the receiving facility with any health information or medical records the transferring facility has in its possession pertaining to the transferred prisoner."
SECTION 4.(b)  This section becomes effective October 1, 2019.

PART V. STUDY OF USE OF PRISONER MEDICAL RELEASE AND EXTENSION OF LIMITS OF CONFINEMENT
SECTION 5.  No later than one year from the date of enactment of this act, the Secretary of Public Safety shall, in partnership with the Post‑Release Supervision and Parole Commission:
(a)	Conduct a study of (i) the use of medical release for ill, disabled, and geriatric inmates, pursuant to G.S. 15A‑1369 and G.S. 15A‑1369.1 through G.S. 15A‑1369.5, over the previous five fiscal years, and (ii) extensions of the limits of confinement for permanently and totally disabled or terminally ill inmates, pursuant to G.S. 148‑4, over the previous five fiscal years.
(b)	Present a report to the judiciary committees of the House of Representatives and the Senate of the General Assembly, including the following:
(1)	Data on the number of current inmates who:
a.	Are over age 55.
b.	Are over age 65.
c.	Have been diagnosed with a terminal illness.
d.	Have been diagnosed with Alzheimer's, dementia, or other similar, chronic, age‑related illnesses.
e.	Require the part‑time or full‑time use of a wheelchair for mobility.
f.	Require the part‑time or full‑time use of a walker for mobility.
g.	Are accounted for in sub‑subdivisions a. through f. and are eligible for parole.
(2)	Data regarding medical release for ill, disabled, and geriatric inmates pursuant to G.S. 15A‑1369 and G.S. 15A‑1369.1 through G.S. 15A‑1369.5, over the previous five fiscal years, including the following:
a.	The number of requests received each year by the Secretary and by the Commission, respectively.
b.	The number of requests approved each year by the Secretary and by the Commission, respectively.
c.	The number of requests denied each year by the Secretary and by the Commission, respectively.
d.	The grounds cited for each request received by the Secretary and by the Commission, respectively.
e.	The reasons given for each denial of a request issued by the Secretary and by the Commission, respectively.
f.	The time that elapsed between receipt of the request by the Secretary and by the Commission and the Secretary and the Commission's decision to approve or deny the request, respectively.
g.	The total number of inmates who died while awaiting responses to requests from the Secretary and the Commission, respectively.
h.	The time served by the inmate and the time remaining to be served on the inmate's sentence at the time of release for each request that was approved by the Secretary and the Commission, respectively.
For each of the categories listed in this subdivision, the Secretary and the Commission shall provide the (i) age, race, and gender for each inmate and (ii) offenses of conviction for each inmate.
(3)	Data regarding extensions of the limits of confinement for permanently and totally disabled or terminally ill inmates, pursuant to G.S. 148‑4, over the previous five fiscal years, including the following:
a.	The number of requests received by the Department of Public Safety each year.
b.	The grounds cited for each request received.
c.	The number of requests approved each year.
d.	The number of requests denied each year.
e.	The reasons given for the denial of each denied request.
f.	The time that lapsed between receipt of each request and the Director of Prisons' decision to approve or deny the request.
g.	The total number of inmates who died while awaiting responses to requests for extension.
h.	The time served by the inmate and the time remaining to be served on the inmate's sentence at the time of release for each approved request.
i.	The number of notifications made annually by the Chief of Health Services to the Secretary classifying prisoners as terminally ill.
j.	An accounting of the regular reports on prisoners classified as permanently and totally disabled made each year by the Chief of Health Services to the Secretary.
For each of the categories listed in this subdivision, the Secretary shall provide the (i) age, race, and gender of each inmate and (ii) offenses of conviction for each inmate.
(4)	Recommendations for how the General Assembly can improve, expedite, and increase the approval of requests for medical release of ill, disabled, and geriatric inmates pursuant to G.S. 15A‑1369 and G.S. 15A‑1369.1 through G.S. 15A‑1369.5, and extensions of the limits of confinement for permanently and totally disabled or terminally ill inmates, pursuant to G.S. 148‑4.
(5)	Recommendations for how the Department of Public Safety can improve, expedite, and increase the approval of requests for extensions of the limits of confinement for permanently and totally disabled or terminally ill inmates, pursuant to G.S. 148‑4.
(6)	Recommendations for how the Department of Public Safety and the Post‑Release Supervision and Parole Commission can improve, expedite, and increase the approval of requests for medical release of ill, disabled, and geriatric inmates pursuant to G.S. 15A‑1369 and G.S. 15A‑1369.1 through G.S. 15A‑1369.5.
(7)	A list of the actions the Department of Public Safety and the Post‑Release Supervision and Parole Commission are undertaking or will undertake to improve, expedite, and increase the approval of requests for medical release of ill, disabled, and geriatric inmates pursuant to G.S. 15A‑1369 and G.S. 15A‑1369.1 through G.S. 15A‑1369.5, and extensions of the limits of confinement for permanently and totally disabled or terminally ill inmates, pursuant to G.S. 148‑4.

PART VI. APPROPRIATION FOR TELEMEDICINE
SECTION 6.(a)  There is appropriated from the General Fund to the Department of Public Safety, Division of Adult Correction, the sum of three million two hundred thousand dollars ($3,200,000) for the 2019‑2020 fiscal year to provide inmates with access to telemedicine for mental health support during hours when no in‑person specialist is available.
SECTION 6.(b)  This section becomes effective July 1, 2019.

PART VII. APPROPRIATION FOR IMPROVING AND EXPANDING COURT DATE NOTIFICATION SYSTEM
SECTION 7.(a)  There is appropriated from the General Fund to the Administrative Office of the Courts the sum of two million five hundred thousand dollars ($2,500,000) for the 2019‑2020 fiscal year for the purposes of (i) revising current citation and summons forms to include a notice regarding participation in court date notification systems, (ii) improving court date notification systems where these systems are already in place, and (iii) creating court date reminder systems where these systems do not exist so that all defendants in the State may have access to a court date reminder system.
SECTION 7.(b)  This section becomes effective July 1, 2019.

PART VIII. APPROPRIATION FOR BEHAVIORAL HEALTH AND THERAPEUTIC DIVERSION UNITS
SECTION 8.(a)  There is appropriated from the General Fund to the Department of Public Safety, Division of Adult Correction, the sum of twelve million dollars ($12,000,000) for the purpose of hiring staff to address the growing prison population in need of behavioral health and substance use treatment.
SECTION 8.(b)  This section becomes effective July 1, 2019.

PART IX. APPROPRIATION FOR DAY TREATMENT PROGRAM FOR NORTH CAROLINA CORRECTIONAL INSTITUTION FOR WOMEN
SECTION 9.(a)  There is appropriated from the General Fund to the Department of Public Safety, Division of Adult Correction, the sum of seven million five hundred thousand dollars ($7,500,000) for the purpose of reestablishing a Day Treatment Program within the North Carolina Correctional Institution for Women.
SECTION 9.(b)  This section becomes effective July 1, 2019.

PART X. APPROPRIATION FOR LOCAL REENTRY COUNCILS TO HIRE MORE WORKERS AND CREATE SPECIFIC PROGRAMS
SECTION 10.(a)  There is appropriated from the General Fund to the Department of Public Safety the sum of two million eight hundred thousand dollars ($2,800,000) to provide funding to Local Reentry Councils to fund housing support specialists and peer support counselors and to fund rental assistance programs and transportation assistance programs.
SECTION 10.(b)  This section becomes effective July 1, 2019.

PART XI. EFFECTIVE DATE
SECTION 11.  Except as otherwise provided in this act, this act is effective when it becomes law.