A BILL TO BE ENTITLED
AN ACT to create the department of correction and the department of juvenile justice and delinquency prevention, to make conforming changes, and to appropriate funds.
The General Assembly of North Carolina enacts:

part I. Department of correction

Establish the Department of Correction
SECTION 1.1.(a)  The Department of Correction is established in this Part as a single, unified cabinet‑level department. All functions, powers, duties, and obligations vested in the following programs, divisions, and entities located in the Department of Public Safety are transferred to, vested in, and consolidated within the Department of Correction in the manner of a Type I transfer, as defined in G.S. 143A‑6:
(1)	Community Corrections Section of the Division of Adult Correction and Juvenile Justice.
(2)	Post‑Release Supervision and Parole Commission.
(3)	Treatment for Effective Community Supervision Program.
(4)	Justice Reinvestment Council.
SECTION 1.1.(b)  G.S. 143B‑2 reads as rewritten:
"§ 143B‑2.  Interim applicability of the Executive Organization Act of 1973.
The Executive Organization Act of 1973 shall be applicable only to the following named departments:
…
(12)	Department of Correction."
SECTION 1.1.(c)  G.S. 143B‑6 reads as rewritten:
"§ 143B‑6.  Principal departments.
In addition to the principal departments enumerated in the Executive Organization Act of 1971, all executive and administrative powers, duties, and functions not including those of the General Assembly and its agencies, the General Court of Justice and the administrative agencies created pursuant to Article IV of the Constitution of North Carolina, and higher education previously vested by law in the several State agencies, are vested in the following principal departments:
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(14)	Department of Correction."
SECTION 1.1.(d)  G.S. 126‑5(d)(1) reads as rewritten:
"(d)	(1)	Exempt Positions in Cabinet Department. – Subject to the provisions of this Chapter, which is known as the North Carolina Human Resources Act, the Governor may designate a total of 425 exempt positions throughout the following departments and offices:
…
o.	Department of Correction."

statutory changes creating the department of correction
SECTION 1.2.(a)  Part 1A of Article 13 of Chapter 143B is repealed.
SECTION 1.2.(b)  Chapter 143B of the General Statutes is amended by adding a new Article to read:
"Article 16.
"Department of Correction.
"Part 1. Organization.
"§ 143B‑1450.  Organization.
(a)	There is established the Department of Correction. The Department shall perform all functions of the executive branch of the State in relation to correction and the rehabilitation of adult offenders, including detention, parole, and aftercare supervision, and further including those prescribed powers, duties, and functions enumerated in the laws of this State.
(b)	The head of the Department is the Secretary of the Department of Correction, who shall be known as the Secretary. The powers and duties of the deputy secretaries and the divisions and directors of the Department shall be subject to the direction and control of the Secretary.
"§ 143B‑1451.  Powers and duties of the Department of Correction.
It shall be the duty of the Department of Correction to do all of the following:
(1)	Provide the necessary custody, supervision, and treatment to control and rehabilitate criminal offenders and thereby to reduce the rate and cost of crime and delinquency.
(2)	Establish the Alcoholism and Chemical Dependency Treatment Program.
(3)	In consultation with the Domestic Violence Commission, and in accordance with established best practices, shall establish a domestic violence treatment program for offenders sentenced to a term of imprisonment in the custody of the Department and whose official record includes a finding by the court that the offender committed acts of domestic violence. The Department shall ensure that inmates, whose record includes a finding by the court that the offender committed acts of domestic violence, complete a domestic violence treatment program prior to the completion of the period of incarceration, unless other requirements, deemed critical by the Department, prevent program completion. In the event an inmate does not complete the program during the period of incarceration, the Department shall document, in the inmate's official record, specific reasons why that particular inmate did not or was not able to complete the program.
(4)	Adopt rules and regulations related to the conduct, supervision, rights and privileges of persons in its custody or under its supervision. The rules and regulations shall be filed with and published by the office of the Attorney General and shall be made available by the Department for public inspection. The rules and regulations shall include a description of the organization of the Department. A description or copy of all forms and instructions used by the Department, except those relating solely to matters of internal management, shall also be filed with the office of the Attorney General.
"§ 143B‑1452.  Definitions.
As used in this Article, the following meanings shall apply:
(1)	Commission. – The Post‑Release Supervision and Parole Commission.
(2)	Council. – The Justice Reinvestment Council.
(3)	Department. – The Department of Correction.
(4)	Justice and Public Safety Appropriations Committees. – The Senate Appropriations Committee on Justice and Public Safety and the House of Representatives Appropriations Committee on Justice and Public Safety.
(5)	Program. – The Alcoholism and Chemical Dependency Treatment Program.
(6)	Secretary. – The Secretary of the Department of Correction."
SECTION 1.2.(c)  G.S. 143B‑701, 143B‑702, 143B‑704, and 143B‑711 are repealed. The remainder of Subpart A of Part 2 of Article 13 of Chapter 143B is recodifed as Part 2 of Article 16 of Chapter 143B of the General Statutes as follows:
Former Citation	Recodified Citation
Subpart A	Part 2
143B‑703	143B‑1455
143B‑705	143B‑1457
143B‑707	143B‑1459
143B‑707.1	143B‑1461
143B‑707.2	143B‑1463
143B‑707.3	143B‑1465
143B‑707.4	143B‑1467
143B‑708	143B‑1469
143B‑709	143B‑1471
SECTION 1.2.(d)  Subpart C of Part 2 of Article 13 of Chapter 143B is recodified as Part 3 of Article 16 of Chapter 143B of the General Statutes as follows:
Former Citation	Recodified Citation
Subpart C	Part 3
143B‑720	143B‑1475
143B‑721	143B‑1477
143B‑721.1	143B‑1479
SECTION 1.2.(e)  Subpart B of Part 4 of Article 13 of Chapter 143B is recodified as Part 4 of Article 16 of Chapter 143B of the General Statutes as follows:
Former Citation	Recodified Citation
Subpart B	Part 4
143B‑1150	143B‑1485
143B‑1151	143B‑1486
143B‑1152	143B‑1487
143B‑1153	143B‑1488
143B‑1154	143B‑1489
143B‑1155	143B‑1490
143B‑1156	143B‑1491
143B‑1160	143B‑1492
143B‑1161	143B‑1493
SECTION 1.2.(f) Parts 2 and 3 of Article 16 of Chapter 143B read as rewritten:
"Part 2. General Provisions.
"§ 143B‑1455.  Repair or replacement of personal property.
(a)	The Secretary may adopt rules governing repair or replacement of personal property items excluding private passenger vehicles that belong to employees of State facilities within the Department and that are damaged or stolen by inmates of the State facilities provided that the item is determined by the Secretary to be damaged or stolen on or off facility grounds during the performance of employment and necessary for the employee to have in his possession to perform his assigned duty.
…
(e)	The Secretary shall establish by rule an appeals process consistent with Chapter 150B of the General Statutes.
"§ 143B‑1457.  Alcoholism and Chemical Dependency Treatment Program.
(a)	Pursuant to G.S. 143B‑1451(2), the Secretary shall establish the Alcoholism and Chemical Dependency Treatment Program. The Program shall consist of a continuum of treatment and intervention services for male and female inmates, established in medium and minimum custody prison facilities, and for male and female probationers and parolees, established in community‑based residential treatment facilities. The Program shall be offered in correctional facilities, or a portion of correctional facilities that are self‑contained, so that the residential and program space is separate from any other programs or inmate housing, and shall be operational by January 1, 1988, at those facilities as the Secretary or the Secretary's designee may designate.
(b)	The duties of the Secretary and the Secretary's staff shall include the following:
(1)	Administer and coordinate all substance abuse programs, grants, contracts, and related functions in the Department.
(2)	Develop and maintain working relationships and agreements with agencies and organizations that will assist in developing and operating alcoholism and chemical dependency treatment and recovery programs in the Department.
…
(7)	Supervise directly the facility and district program managers, other specialized personnel, and programs that exist or may be developed in the Department.
(c)	The Secretary shall designate and direct employees to manage treatment programs at each prison that houses an alcoholism and chemical dependency program, including program development and implementation, supervision of personnel assigned to treatment programs, adherence to all pertinent policy and procedural requirements of the Department, and other duties as assigned.
…
"§ 143B‑1459.  Reports to the General Assembly.
The Department shall report by March 1 of each year to the Chairs of the Justice and Public Safety Appropriations Committees on the Department's efforts to provide effective treatment to offenders with substance abuse problems. The report shall include:
…
(7)	Evaluation of each substance abuse treatment program funded by the Department. Evaluation measures shall include reduction in alcohol and drug dependency, improvements in disciplinary and infraction rates, recidivism (defined as return‑to‑prison rates), and other measures of the programs' success.
"§ 143B‑1461.  Report on probation and parole caseloads.
(a)	The Department shall report by March 1 of each year to the Chairs of the Justice and Public Safety Appropriations Committees and the Joint Legislative Oversight Committee on Justice and Public Safety on caseload averages for probation and parole officers. The report shall include:
…
(b)	The Department shall report by March 1 of each year to the Chairs Justice and Public Safety Appropriations Committees and the Joint Legislative Oversight Committee on Justice and Public Safety on the following:
…
"§ 143B‑1463.  Mutual agreement parole program report; medical release program report.
(a)	The Department and the Commission shall report by March 1 of each year to the Chairs of the Justice and Public Safety Appropriations Committees and to the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety on the number of inmates enrolled in the mutual agreement parole program, the number completing the program and being paroled, and the number who enrolled but were terminated from the program. The information should be based on the previous calendar year.
(b)	The Department and the Commission shall report by March 1 of each year to the Chairs of the Justice and Public Safety Appropriations Committees and to the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety on the number of inmates proposed for release, considered for release, and granted release under Article 84B of Chapter 15A of the General Statutes, providing for the medical release of inmates who are either permanently and totally disabled, terminally ill, or geriatric.
"§ 143B‑1465.  Medical costs for inmates.
(a)	The Department shall reimburse those providers and facilities providing approved medical services to inmates outside the correctional facility the lesser amount of either a rate of seventy percent (70%) of the provider's then‑current prevailing charge or two times the then‑current Medicaid rate for any given service. The Department shall have the right to audit any given provider to determine the actual prevailing charge to ensure compliance with this provision.
…
(b)	The Department shall make every effort to contain medical costs for inmates and juvenile offenders by making use of its own hospital and health care facilities to provide health care services to inmates and juvenile offenders. To the extent that the Department must utilize other facilities and services to provide health care services to inmates and juvenile offenders, the Department shall make reasonable efforts to make use of hospitals or other providers with which it has a contract or, if none is reasonably available, hospitals with available capacity or other health care facilities in a region to accomplish that goal. The Department shall make reasonable efforts to equitably distribute inmates and juvenile offenders among all hospitals or other appropriate health care facilities.
(c)	The Department shall report quarterly to the Joint Legislative Oversight Committee on Justice and Public Safety and the chairs of the Justice and Public Safety Appropriations Committees on:
…
	
"§ 143B‑1467.  Annual report on safekeepers.
The Department shall report by October 1 of each year to the chairs of the Justice and Public Safety Appropriations Committees and the chairs of the Joint Legislative Oversight Committee on county prisoners housed in the State prison system pursuant to safekeeping orders under G.S. 162‑39. The report shall include:
…
"§ 143B‑1469.  Community service program.
(a)	The Department may conduct a community service program. The program shall provide oversight of offenders placed under the supervision of the Department and ordered to perform community service hours for criminal violations, including driving while impaired violations under G.S. 20‑138.1. This program shall assign offenders, either on supervised or on unsupervised probation, to perform service to the local community in an effort to promote the offender's rehabilitation and to provide services that help restore or improve the community. The program shall provide appropriate work site placement for offenders ordered to perform community service hours. The Department may adopt rules to conduct the program. Each offender shall be required to comply with the rules adopted for the program.
(b)	The Secretary may assign one or more employees to each district court district as defined in G.S. 7A‑133 to assure and report to the Court the offender's compliance with the requirements of the program. Each county shall provide office space in the courthouse or other convenient place, for the use of the employees assigned to that county.
…
(e)	The community service staff shall report to the court in which the community service was ordered, a significant violation of the terms of the probation, deferred prosecution, or conditional discharge related to community service, including a willful failure to pay any moneys due the State under any court order or payment schedule adopted by the Department. The community service staff shall give notice of the hearing to determine if there is a willful failure to comply to the person who was ordered to perform the community service. This notice shall be given by either personal delivery to the person to be notified or by depositing the notice in the United States mail in an envelope with postage prepaid, addressed to the person at the last known address available to the preparer of the notice and reasonably believed to provide actual notice to the person. The notice shall be mailed at least 10 days prior to any hearing and shall state the basis of the alleged willful failure to comply. The court shall then conduct a hearing, even if the person ordered to perform the community service fails to appear, to determine if there is a willful failure to complete the work as ordered by the community service staff within the applicable time limits. The hearing may be held in the county in which the order requiring the performance of community service was imposed, the county in which the violation occurred, or the county of residence of the person. If the court determines there is a willful failure to comply, it shall revoke any drivers license issued to the person and notify the Division of Motor Vehicles to revoke any drivers license issued to the person until the community service requirement has been met. In addition, if the person is present, the court may take any further action authorized by Article 82 of Chapter 15A of the General Statutes for violation of a condition of probation.
"§ 143B‑1471.  Security Staffing.
(a)	The Department shall conduct:
…
(b)	The Department shall update the security staffing relief formula at least every three years. Each update shall include a review of all annual training requirements for security staff to determine which of these requirements should be mandatory and the appropriate frequency of the training. The Department shall survey other states to determine which states use a vacancy factor in their staffing relief formulas.
"Part 3. Parole Commission.
"§ 143B‑1475.  Post‑Release Supervision and Parole Commission – creation, powers and duties.
(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 persons sentenced under Article 81B of Chapter 15A of the General Statutes are not eligible for parole but may be conditionally released into the custody and control of United States Immigration and Customs Enforcement pursuant to G.S. 148‑64.1. 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. The Commission shall also have the authority to punish for criminal contempt for willful refusal to accept post‑release supervision or to comply with the terms of post‑release supervision by a prisoner whose offense requiring post‑release supervision is a reportable conviction subject to the registration requirement of Article 27A of Chapter 14 of the General Statutes. Any contempt proceeding conducted by the Commission shall be in accordance with G.S. 5A‑15 as if the Commission were a judicial official.
…
(c)	The Commission is authorized and empowered to adopt such rules and regulations, not inconsistent with the laws of this State, in accordance with which prisoners eligible for parole consideration may have their cases reviewed and investigated and by which such proceedings may be initiated and considered. All rules and regulations heretofore adopted by the Board of Paroles shall remain in full force and effect unless and until repealed or superseded by action of the Post‑Release Supervision and Parole Commission. All rules and regulations adopted by the Commission shall be enforced by the Department.
…
"§ 143B‑1477.  Post‑Release Supervision and Parole Commission – members; selection; removal; chair; compensation; quorum; services.
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(f)	All clerical and other services required by the Commission shall be supplied by the Secretary.
"§ 143B‑1479.  Parole eligibility reports.
(a)	Each fiscal year the Commission shall, with the assistance of the North Carolina Sentencing and Policy Advisory Commission and the Department, analyze the amount of time each inmate who is eligible for parole on or before July 1 of the previous fiscal year has served compared to the time served by offenders under Structured Sentencing for comparable crimes. The Commission shall determine if the person has served more time in custody than the person would have served if sentenced to the maximum sentence under the provisions of Article 81B of Chapter 15A of the General Statutes. The "maximum sentence", for the purposes of this section, shall be calculated as set forth in subsection (b) of this section.
…
(d)	The Commission shall report to the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety and the Chairs of the Justice and Public Safety Appropriations Committees by April 1 of each year. The report shall include the following: the class of the offense for which each parole‑eligible inmate was convicted and whether an inmate had multiple criminal convictions. The Commission shall also report on the number of parole‑eligible inmates reconsidered in compliance with this section and the number who were actually paroled.
"Part 4. Treatment for Effective Community Supervision Program.
"§ 143B‑1485.  Short title.
This Part is the "Treatment for Effective Community Supervision Act of 2011" and may be cited by that name.
…
"§ 143B‑1487.  Definitions.
The following definitions apply in this Part:
(1)	Certified and licensed. – North Carolina Substance Abuse Professional Practice Board certified or licensed substance abuse professionals or Department of Health and Human Services licensed agencies.
	
(3)	Repealed by Session Laws 2012‑83, s. 55, effective June 26, 2012.
(4)	Eligible entity. – A local or regional government, a nongovernmental entity, or collaborative partnership that demonstrates capacity to provide services that address the criminogenic needs of offenders.
(5)	Program. – A community‑based corrections program.

(7)	State Board. – The State Community Corrections Advisory Board.
…
"§ 143B‑1489.  Eligible population.
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(b)	The priority populations for programs funded under this Part shall be as follows:
…
(2)	Offenders identified by the Department using a validated risk assessment instrument to have a high likelihood of reoffending and a moderate to high need for substance abuse treatment."
"§ 143B‑1490.  Duties of Department.
(a)	In addition to those otherwise provided by law, the Department shall have the following duties:
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(b)	The Department shall develop and publish a recidivism reduction plan for the State that accomplishes the following:
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(c)	The Department shall report by March 1 of each year to the Chairs of the Justice and Public Safety Appropriations Committees and the Joint Legislative Oversight Committee on Justice and Public Safety on the status of the programs funded through the Treatment for Effective Community Supervision Program. The report shall include the following information from each of the following components:
…
"§ 143B‑1491.  Contract for services.
(a)	The Department shall contract with service providers through a competitive procurement process to provide community‑based services to offenders on probation, parole, or post‑release supervision.
…
(c)	The Department, in partnership with the Department of Health and Human Services, shall develop standard service definitions and performance measures for substance abuse and aftercare support services for inclusion in the contracts.
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(e)	The Department shall pay service providers the contract base award upon the initiation of services with the remaining payments made as milestones are reached as stated in the contract for services. If the service provider cancels or terminates the contract prior to its conclusion, the service provider shall reimburse the Division for the unearned pro rata portion of the base award.
…
"§ 143B‑1492.  Program types eligible for funding; community‑based corrections programs.
Based on the prioritized populations in G.S. 143B‑1489 program types eligible for funding may include, but are not limited to, the following:
…
"§ 143B‑1493.  Justice Reinvestment Council.
(a)	The Justice Reinvestment Council is established to act as an advisory body to the Secretary with regard to this Part. The Council shall consist of 13 members as follows, to be appointed as provided in subsection (b) of this section:
…
(d)	The purpose of the Council in conjunction with the Department, is to:
…."

conforming changes regarding department of correction
SECTION 1.3.(a)  Except for instances in which language is rewritten pursuant to subsection 2.3(a), the following statutes are amended by deleting the language "Department of Public Safety" wherever it appears and substituting "Department of Correction": G.S. 1E‑20, 7A‑354, 14‑196.3, 15‑188, 15‑204, 20‑7, 58‑31‑26, 62‑351, 127A‑57, 130A‑4.4, 143B‑707.1, 143B‑707.4, 143B‑721, and 143B‑721.1.
SECTION 1.3.(b)  The following statutes are amended by deleting the language "Division of Adult Correction and Juvenile Justice of the Department of Public Safety" wherever it appears and substituting "Department of Correction": G.S. 1‑110, 7A‑109.3, 7A‑313, 7A‑451, 7A‑474.18, 7A‑498.3, 14‑202, 14‑208.6, 14‑208.20, 14‑208.22, 14‑208.40, 14‑208.43, 14‑208.45, 14‑254.5, 14‑258.1, 14‑258.3, 14‑269, 14‑415.10, 15‑6.1, 15‑10.1, 15‑194, 15‑196.3, 15‑206, 15‑209, 15A‑145, 15A‑145.1, 15A‑146, 15A‑147, 15A‑149, 15A‑534, 15A‑534.1, 15A‑544.3, 15A‑544.5, 15A‑615, 15A‑821, 15A‑830, 15A‑832, 15A‑1332, 15A‑1340.13, 15A‑1340.16, 15A‑1340.18, 15A‑1340.20, 15A‑1342, 15A‑1343, 15A‑1343.2, 15A‑1343.3, 15A‑1344, 15A‑1351, 15A‑1352, 15A‑1353, 15A‑1354, 15A‑1355, 15A‑1368, 15A‑1368.2, 15A‑1368.3, 15A‑1368.4, 15A‑1368.6, 15A‑1369, 15A‑1374, 15A‑1376, 15A‑2000, 15B‑21, 15B‑31, 15B‑32, 20‑19, 20‑28, 20‑81.12, 20‑179, 50‑13.2, 65‑4, 66‑25, 97‑13, 105‑259, 115D‑5, 122C‑22, 122C‑55, 122C‑62, 122C‑311, 122C‑312, 122C‑313, 122C‑402, 122C‑421, 127A‑54, 131E‑98, 131E‑184, 131E‑214.1, 135‑1, 143‑63.1, 143‑300.7, 143‑599, 143B‑604, 143B‑704, 143B‑705, 143B‑707, 143B‑708, 143B‑709, 143B‑711, 143B‑720, 146‑33, 147‑12, 148‑2, 148‑3, 148‑4, 148‑4.1, 148‑6, 148‑10, 148‑10.1, 148‑10.2, 148‑10.3, 148‑10.4, 148‑10.5, 148‑12, 148‑18, 148‑18.1, 148‑19, 148‑19.1, 148‑19.2, 148‑22, 148‑22.1, 148‑23, 148‑23.1, 148‑23.2, 148‑24, 148‑26, 148‑26.5, 148‑28, 148‑29, 148‑32.1, 148‑32.2, 148‑33, 148‑33.1, 148‑36, 148‑37, 148‑37.3, 18‑40, 148‑41, 148‑45, 148‑46.1, 148‑53, 148‑54, 148‑59, 148‑64, 148‑64.1, 148‑65.7, 148‑66, 148‑67, 148‑70, 148‑74, 148‑78, 148‑118.1, 148‑118.2, 148‑118.4, 148‑118.5, 148‑118.6, 148‑128, 148‑134, 150B‑1, 153A‑221, 153A‑230.1, 153A‑230.2, 153A‑230.3, 153A‑230.5, 162‑39, 163A‑885, and 164‑47.
SECTION 1.3.(c)  The following statutes are amended by deleting the language "Division of Adult Correction and Juvenile Justice" wherever it appears and substituting "Department of Correction": G.S. 14‑208.40A, 14‑208.40B, 14‑208.40C, 14‑208.41, 14‑208.42, 14‑208.44, 14‑258.2, 15A‑837, 15A‑1369.4, 15A‑1371, 20‑179.3, 20‑79.4, 108A‑14, 115C‑46.2, 122C‑421, 126‑23, 130A‑25, 148‑11, 148‑65.6, 148‑130, 148‑131, 148‑132, 160A‑287, 164‑42, and 164‑50.
SECTION 1.3.(d)  The following statutes are amended by deleting the language "Secretary of Public Safety" wherever it appears and substituting "Secretary of the Department of Correction": G.S. 15‑10.2, 15‑10.3, 15‑194, 15‑203, 15‑204, 15‑205, 15‑206, 15‑207, 15‑209, 15A‑1340.36, 15A‑1371, 122C‑312, 130A‑25, 148‑4, 148‑4.1, 148‑5, 148‑10.1, 148‑11, 148‑13, 148‑18, 148‑19, 148‑20, 148‑22, 148‑22.1, 148‑24, 148‑25, 148‑26, 148‑26.5, 148‑28, 148‑32.1, 148‑33, 148‑33.1, 148‑33.2, 148‑36, 148‑37, 148‑41, 148‑45, 148‑46, 148‑46.2, 148‑57, 148‑65.6, 148‑65.9, 148‑74, 148‑78, 148‑118.6, 148‑118.8, 148‑118.9, 148‑121, 148‑122, 148‑153A‑221.1, 162‑39, 164‑37, and 164‑40.
SECTION 1.3.(e)  The following statutes are amended by deleting the language "Section of Community Corrections of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety" wherever it appears and substituting "Department of Correction": G.S. 7B‑3000, 7B‑3001, 7B‑3100, 15A‑1342, 15A‑1343.2, and 105‑259.
SECTION 1.3.(f)  The following statutes are amended by deleting the language "Section of Community Corrections of the Division of Adult Correction and Juvenile Justice" wherever it appears and substituting "Department of Correction": G.S. 14‑208.40C, 14‑208.41, 15A‑837, 15A‑1343, 15A‑1368.4, 15A‑1369.4, 15A‑1371, 20‑179.3, 115C‑46.2, and 148‑65.6.
SECTION 1.3.(g)  The following statutes are amended by deleting the language "Section of Community Corrections" wherever it appears and substituting "Department of Correction": G.S. 17C‑3(a)(6).
SECTION 1.3.(h)  The following statutes are amended by deleting the language "Section of Prisons of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety" wherever it appears and substituting "Department of Correction": G.S. 14‑208.6.
SECTION 1.3.(i)  The following statutes are amended by deleting the language "Section of Prisons of the Division of Adult Correction and Juvenile Justice" wherever it appears and substituting "Department of Correction": G.S. 14‑208.40C, 14‑258.2, 66‑58, 130A‑25, 148‑11, 148‑18, 148‑29, and 148‑130.
SECTION 1.3.(j)  The following statutes are amended by deleting the language "Section of Prisons" wherever it appears and substituting "Department of Correction": G.S. 17C‑3(a)(6).

part II. Department of Juvenile Justice and delinquency prevention

Establish the Department of Juvenile Justice and delinquency prevention
SECTION 2.1.(a)  The Department of Juvenile Justice and Delinquency Prevention is established in this Part as a single, unified cabinet‑level department. All functions, powers, duties, and obligations vested in the following programs, divisions, and entities located in the Department of Public Safety are transferred to, vested in, and consolidated within the Department of Juvenile Justice and Delinquency Prevention in the manner of a Type I transfer, as defined in G.S. 143A‑6:
(1)	Juvenile Justice Section in the Division of Adult Correction and Juvenile Justice.
(2)	Teen Court.
(3)	Youth Development Center.
(4)	Juvenile Court Services.
(5)	Juvenile Crime Prevention Councils.
SECTION 2.1.(b)  G.S. 143B‑2, as amended by Part 1 of this act, reads as rewritten:
"§ 143B‑2.  Interim applicability of the Executive Organization Act of 1973.
The Executive Organization Act of 1973 shall be applicable only to the following named departments:
…
(13)	Department of Juvenile Justice and Delinquency Prevention."
SECTION 2.1.(c)  G.S. 143B‑6, as amended by Part 1 of this act, reads as rewritten:
"§ 143B‑6.  Principal departments.
In addition to the principal departments enumerated in the Executive Organization Act of 1971, all executive and administrative powers, duties, and functions not including those of the General Assembly and its agencies, the General Court of Justice and the administrative agencies created pursuant to Article IV of the Constitution of North Carolina, and higher education previously vested by law in the several State agencies, are vested in the following principal departments:
…
(15)	Department of Juvenile Justice and Delinquency Prevention."
SECTION 2.1.(d)  G.S. 126(d)(1), as amended by Part 1 of this act, reads as rewritten:
"(d)	(1)	Exempt Positions in Cabinet Department. – Subject to the provisions of this Chapter, which is known as the North Carolina Human Resources Act, the Governor may designate a total of 425 exempt positions throughout the following departments and offices:
…
p.	Department of Juvenile Justice and Delinquency Prevention."

statutory changes creating the department of correction
SECTION 2.2.(a)  Chapter 143B of the General Statutes is amended by adding a new Article to read:
"Article 17.
"Department of Juvenile Justice and Delinquency Prevention."
SECTION 2.2.(b)  Subpart A of Part 3 of Article 13 of Chapter 143B is repealed.
SECTION 2.2.(c)  Subpart B of Part 3 of Article 13 of Chapter 143B is recodified as Parts 1 and 2 of Article 17 of Chapter 143B of the General Statutes as follows:
Former Citation	Recodified Citation
Subpart B	Part 1
143B‑805	143B‑1502
143B‑806	143B‑1501
Former Citation	Recodified Citation
Subpart B	Part 2
143B‑807	143B‑1505
143B‑808	143B‑1507
143B‑809	143B‑1509
143B‑810	143B‑1511
143B‑811	143B‑1513
SECTION 2.2.(d)  Subpart C of Part 3 of Article 13 of Chapter 143B is recodified as Part 3 of Article 17 of Chapter 143B of the General Statutes as follows:
Former Citation	Recodified Citation
Subpart C	Part 3
143B‑815	143B‑1520
143B‑816	143B‑1522
143B‑817	143B‑1524
143B‑818	143B‑1526
143B‑819	143B‑1528
143B‑820	143B‑1530
143B‑821	143B‑1532
143B‑822	143B‑1534
SECTION 2.2.(e)  Subpart D of Part 3 of Article 13 of Chapter 143B is recodified as Part 4 of Article 17 of Chapter 143B of the General Statutes as follows:
Former Citation	Recodified Citation
Subpart D	Part 4
143B‑830	143B‑1540
143B‑831	143B‑1541
SECTION 2.2.(f)  Subpart E of Part 3 of Article 13 of Chapter 143B is recodified as Part 5 of Article 17 of Chapter 143B of the General Statutes as follows:
Former Citation	Recodified Citation
Subpart E	Part 5
143B‑840	143B‑1545
SECTION 2.2.(g)  Subpart F of Part 3 of Article 13 of Chapter 143B is recodified as Part 6 of Article 17 of Chapter 143B of the General Statutes as follows:
Former Citation	Recodified Citation
Subpart F	Part 6
143B‑845	143B‑1550
143B‑846	143B‑1551
143B‑847	143B‑1552
143B‑848	143B‑1553
143B‑849	143B‑1554
143B‑850	143B‑1555
143B‑851	143B‑1556
143B‑852	143B‑1557
SECTION 2.2.(h)  Parts 1 through 6 of Article 17 of Chapter 143B read as rewritten:
"Article 17.
"Department of Juvenile Justice and Delinquency Prevention.
"Part 1. Organization.
"§ 143B‑1500.  Organization.
(a)	There is established the Department of Juvenile Justice and Delinquency Prevention. The Department shall perform all functions of the executive branch of the State in relation to the provision of services to juveniles, both protective for those juveniles found to be undisciplined or delinquent and preventative to reduce the rates of delinquency.
(b)	The head of the Department is the Secretary of the Department of Juvenile Justice and Delinquency Prevention, who shall be known as the Secretary. The powers and duties of the deputy secretaries and the divisions and directors of the Department shall be subject to the direction and control of the Secretary.
"§ 143B‑1501.  Duties and powers of the Department of Juvenile Justice and Delinquency Prevention.
(a)	Repealed by Session Laws 2013‑289, s. 5, effective July 18, 2013.
(b)	The Department of Juvenile Justice and Delinquency Prevention shall have the following powers and duties:
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(5)	Adopt rules to implement this Article and the responsibilities of the Secretary under Chapter 7B of the General Statutes. The Secretary may adopt rules applicable to local human services agencies providing juvenile court and delinquency prevention services for the purpose of program evaluation, fiscal audits, and collection of third‑party payments.
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(10)	Collect expense data for every program operated and contracted by the Department.
(11)	Develop a formula for funding, on a matching basis, juvenile court and delinquency prevention services as provided for in this Article. This formula shall be based upon the county's or counties' relative ability to fund community‑based programs for juveniles.
Local governments receiving State matching funds for programs under this Article must maintain the same overall level of effort that existed at the time of the filing of the county assessment of juvenile needs with the Department.
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(19)	Designate persons, as necessary, as State juvenile justice officers, to provide for the care and supervision of juveniles placed in the physical custody of the Department.
(20)	Provide for the transportation to and from any State or local juvenile facility of any person under the jurisdiction of the juvenile court for any purpose required by Chapter 7B of the General Statutes or upon order of the court.
(c)	Repealed by Session Laws 2017‑186, s. 1(s), effective December 1, 2017.
(d)	Where Department statistics indicate the presence of minority youth in juvenile facilities disproportionate to their presence in the general population, the Department shall develop and recommend appropriate strategies designed to ensure fair and equal treatment in the juvenile justice system.
(e)	The Department may provide consulting services and technical assistance to courts, law enforcement agencies, and other agencies, local governments, and public and private organizations. The Department may develop or assist Juvenile Crime Prevention Councils in developing community needs, assessments, and programs relating to the prevention and treatment of delinquent and undisciplined behavior.
(f)	The Department shall develop a cost‑benefit model for each State‑funded program. Program commitment and recidivism rates shall be components of the model.
"§ 143B‑1502.  Definitions.
As used in this Article, the following meanings shall apply:
(1)	Chief court counselor. – The person responsible for administration and supervision of juvenile intake, probation, and post‑release supervision in each judicial district, operating under the supervision of the Department.
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(3)	County Councils. – Juvenile Crime Prevention Councils created under G.S. 143B‑1551.
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(6a)	Department. – The Department of Juvenile Justice and Delinquency Prevention.
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(10a)	Justice and Public Safety Appropriations Committees. – The Senate Appropriations Committee on Justice and Public Safety and the House of Representatives Appropriations Committee on Justice and Public Safety.
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(14)	Juvenile court. – Any district court exercising jurisdiction under this Article.
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(16)	Post‑release supervision. – The supervision of a juvenile who has been returned to the community after having been committed to the Department for placement in a training school.
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(19)	Secretary. – The Secretary of Juvenile Justice and Delinquency Prevention.
	
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(21)	Youth development center. – A secure residential facility authorized to provide long‑term treatment, education, and rehabilitative services for delinquent juveniles committed by the court to the Department.
"Part 2. General Provisions.
"§ 143B‑1505.  Authority to contract with other entities.
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(b)	The Department may enter into contracts with, and act as intermediary between, any federal government agency and any county of this State for the purpose of assisting the county to recover monies expended by a county‑funded financial assistance program. As a condition of assistance, the county shall agree to hold and save harmless the Department against any claims, loss, or expense which the Department might incur under the contracts by reason of any erroneous, unlawful, or tortious act or omission of the county or its officials, agents, or employees.
(c)	The Department and any other appropriate State or local agency may purchase services from public or private agencies providing delinquency prevention programs or juvenile court services, including parenting responsibility classes. The programs shall meet State standards. As institutional populations are reduced, the Department may divert State funds appropriated for institutional programs to purchase the services under the State Budget Act.
(d)	Each programmatic, residential, and service contract or agreement entered into by the Section shall include a cooperation clause to ensure compliance with the Department's quality assurance requirements and cost‑accounting requirements.
"§ 143B‑1507.  Authority to assist private nonprofit foundations.
The Department may provide appropriate services or allow employees of the Department to assist any private nonprofit foundation that works directly with the Department's services or programs and whose sole purpose is to support these services and programs. A Department employee shall be allowed to work with a foundation no more than 20 hours in any one month. These services are not subject to Chapter 150B of the General Statutes.
…
"§ 143B‑1509.  Teen court programs.
(a)	All teen court programs administered by the Department shall operate as community resources for the diversion of juveniles pursuant to G.S. 7B‑1706(c). A juvenile diverted to a teen court program shall be tried by a jury of other juveniles, and, if the jury finds the juvenile has committed the delinquent act, the jury may assign the juvenile to a rehabilitative measure or sanction, including counseling, restitution, curfews, and community service.
Teen court programs may also operate as resources to the local school administrative units to handle problems that develop at school but that have not been turned over to the juvenile authorities.
(b)	Every teen court program that receives funds from Juvenile Crime Prevention Councils shall comply with rules and reporting requirements of the Department.
"§ 143B‑1511.  Youth Development Center annual report.
The Department shall report by October 1 of each year to the Chairs of the Justice and Public Safety Appropriations Committees, the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety, and the Fiscal Research Division of the Legislative Services Commission on the Youth Development Center (YDC) population, staffing, and capacity in the preceding fiscal year. Specifically, the report shall include all of the following:
…
"§ 143B‑1513.  Annual evaluation of community programs and multiple purpose group homes.
The Department shall conduct an annual evaluation of the community programs and of multipurpose group homes. In conducting the evaluation of each of these, the Department shall consider whether participation in each program results in a reduction of court involvement among juveniles. The Department shall also determine whether the programs are achieving the goals and objectives of the Juvenile Justice Reform Act, S.L. 1998‑202.
The Department shall report the results of the evaluation to the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety and the Chairs of the Justice and Public Safety Appropriations Committees by March 1 of each year.
"§ 143B‑1515.  Medical costs for juvenile offenders.
(a)	The Department shall reimburse those providers and facilities providing approved medical services to juvenile offenders outside juvenile facilities the lesser amount of either a rate of seventy percent (70%) of the provider's then‑current prevailing charge or two times the then‑current Medicaid rate for any given service. The Department shall have the right to audit any given provider to determine the actual prevailing charge to ensure compliance with this provision.
This section does apply to vendors providing services that are not billed on a fee‑for‑service basis, such as temporary staffing. Nothing in this section shall preclude the Department from contracting with a provider for services at rates that provide greater documentable cost avoidance for the State than do the rates contained in this section or at rates that are less favorable to the State but that will ensure the continued access to care.
(b)	The Department shall make every effort to contain medical costs for juvenile offenders by making use of its own hospital and health care facilities to provide health care services to juvenile offenders. To the extent that the Department must utilize other facilities and services to provide health care services to juvenile offenders, the Department shall make reasonable efforts to make use of hospitals or other providers with which it has a contract or, if none is reasonably available, hospitals with available capacity or other health care facilities in a region to accomplish that goal. The Department shall make reasonable efforts to equitably distribute juvenile offenders among all hospitals or other appropriate health care facilities.
(c)	The Department shall report quarterly to the Joint Legislative Oversight Committee on Justice and Public Safety and the Chairs of the Justice and Public Safety Appropriations Committees on:
(1)	The percentage of the total juvenile offenders requiring hospitalization or hospital services who receive that treatment at each hospital.
(2)	The volume of scheduled and emergent services listed by hospital and, of that volume, the number of those services that are provided by contracted and noncontracted providers.
(3)	The volume of scheduled and emergent admissions listed by hospital and, of that volume, the percentage of those services that are provided by contracted and noncontracted providers.
(4)	The volume of inpatient medical services provided to Medicaid‑eligible inmates and juvenile offenders, the cost of treatment, the estimated savings of paying the nonfederal portion of Medicaid for the services, and the length of time between the date the claim was filed and the date the claim was paid.
(5)	The status of the implementation of the claims processing system and efforts to address the backlog of unpaid claims.
(6)	The hospital utilization, including the amount paid to individual hospitals, the number of inmates and juvenile offenders served, the number of claims, and whether the hospital was a contracted or noncontracted facility.
(7)	A list of hospitals under contract.
(d)	Reports submitted on August 1 shall include totals for the previous fiscal year for all the information requested.
"Part 3. Juvenile Facilities.
…
"§ 143B‑1522.  Authority to provide necessary medical or surgical care.
The Department may provide any medical and surgical treatment necessary to preserve the life and health of juveniles committed to the custody of the Section; however, no surgical operation may be performed except as authorized in G.S. 148‑22.2.
"§ 143B‑1524.  Compensation to juveniles in care.
A juvenile who has been committed to the Department may be compensated for work or participation in training programs at rates approved by the Secretary within available funds. The Secretary may provide for a reasonable allowance to the juvenile for incidental personal expenses, and any balance of the juvenile's earnings remaining at the time the juvenile is released shall be paid to the juvenile or the juvenile's parent or guardian. The Section may accept grants or funds from any source to compensate juveniles under this section.
"§ 143B‑1526.  Visits and community activities.
(a)	The Department shall encourage visits by parents or guardians and responsible relatives of juveniles committed to the custody of the Section.
(b)	The Department shall develop a program of home visits for juveniles in the custody of the Department. The visits shall begin after the juvenile has been in the custody of the Department for a period of at least six months. In developing the program, the Department shall adopt criteria that promote the protection of the public and the best interests of the juvenile.
"§ 143B‑1528.  Regional detention services.
The Department is responsible for juvenile detention services, including the development of a statewide plan for regional juvenile detention services that offer juvenile detention care of sufficient quality to meet State standards to any juvenile requiring juvenile detention care within the State in a detention facility as follows:
(1)	The Department shall plan with the counties operating a county detention facility to provide regional juvenile detention services to surrounding counties. The Department has discretion in defining the geographical boundaries of the regions based on negotiations with affected counties, distances, availability of juvenile detention care that meets State standards, and other appropriate factors.
(2)	The Department may plan with any county that has space within its county jail system to use the existing space for a county detention facility when needed, if the space meets the State standards for a detention facility and meets all of the requirements of G.S. 153A‑221. The use of space within the county jail system shall be constructed to ensure that juveniles are not able to converse with, see, or be seen by the adult population, and juveniles housed in a space within a county jail shall be supervised closely.
(3)	The Department shall plan for and administer regional detention facilities. The Department shall carefully plan the location, architectural design, construction, and administration of a program to meet the needs of juveniles in juvenile detention care. The physical facility of a regional detention facility shall comply with all applicable State and federal standards. The programs of a regional detention facility shall comply with the standards established by the Department.
"§ 143B‑1530.  State subsidy to county detention facilities.
The Department shall administer a State subsidy program to pay a county that provides juvenile detention services and meets State standards a certain per diem per juvenile. In general, this per diem should be fifty percent (50%) of the total cost of caring for a juvenile from within the county and one hundred percent (100%) of the total cost of caring for a juvenile from another county. Any county placing a juvenile in a detention facility in another county shall pay fifty percent (50%) of the total cost of caring for the juvenile to the Department. The Section may vary the exact funding formulas to operate within existing State appropriations or other funds that may be available to pay for juvenile detention care.
"§ 143B‑1532.  Authority for implementation.
In order to allow for effective implementation of a statewide regional approach to juvenile detention, the Department may:
…
"§ 143B‑1534.  Juvenile facility monthly commitment report.
The Department shall report electronically on the first day of each month to the Fiscal Research Division regarding each juvenile correctional facility and the average daily population for the previous month. The report shall include (i) the average daily population for each detention center and (ii) the monthly summary of the Committed Youth Report.
"Part 4. Juvenile Court Services.
"§ 143B‑1540.  Duties and powers of chief court counselors.
The chief court counselor in each district appointed under G.S. 143B‑806(b)(15) may:
(1)	Appoint juvenile court counselors, secretaries, and other personnel authorized by the Department in accordance with the personnel policies adopted by the Department.
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(3)	Provide in‑service training for staff as required by the Department.
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"§ 143B‑1541.  Duties and powers of juvenile court counselors.
As the court or the chief court counselor may direct or require, all juvenile court counselors shall have the following powers and duties:
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(14)	Provide supervision for a juvenile transferred to the counselor's supervision from another court or another state, and provide supervision for any juvenile released from an institution operated by the Department when requested by the Department to do so.
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(19)	Have any other duties as the Department may direct.
"Part 5. Comprehensive Juvenile Delinquency and Substance Abuse Prevention Plan.
"§ 143B‑1545.  Comprehensive Juvenile Delinquency and Substance Abuse Prevention Plan.
(a)	The Department shall develop and implement a comprehensive juvenile delinquency and substance abuse prevention plan and shall coordinate with County Councils for implementation of a continuum of services and programs at the community level.
The Department shall ensure that localities are informed about best practices in juvenile delinquency and substance abuse prevention.
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(c)	The Department shall cooperate with all other affected State agencies and entities in implementing this section.
"Part 6. Juvenile Crime Prevention Councils.
"§ 143B‑1550.  Legislative intent.
It is the intent of the General Assembly to prevent juveniles who are at risk from becoming delinquent. The primary intent of this Part is to develop community‑based alternatives to youth development centers and to provide community‑based delinquency, substance abuse, and gang prevention strategies and programs. Additionally, it is the intent of the General Assembly to provide noninstitutional dispositional alternatives that will protect the community and the juveniles.
…
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"§ 143B‑1552.  Terms of appointment.
Each member of a County Council shall serve for a term of two years, except for initial terms as provided in this section. Each member's term is a continuation of that member's term under G.S. 147‑33.62. Members may be reappointed. The initial terms of appointment began January 1, 1999. In order to provide for staggered terms, persons appointed for the positions designated in subdivisions (9), (10), (12), (15), (17), and (18) of G.S. 143B‑1551(a) were appointed for an initial term ending on June 30, 2000. The initial term of the second member added to each County Council pursuant to G.S. 143B‑1551(a)(12) shall begin on July 1, 2001, and end on June 30, 2002. After the initial terms, persons appointed for the positions designated in subdivisions (9), (10), (12), (15), (17), and (18) of G.S. 143B‑1551(a) shall be appointed for two‑year terms, beginning on July 1. All other persons appointed to the Council were appointed for an initial term ending on June 30, 2001, and, after those initial terms, persons shall be appointed for two‑year terms beginning on July 1.
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"§ 143B‑1557.  Department of Juvenile Justice and Delinquency Prevention to report on Juvenile Crime Prevention Council grants.
(a)	On or before February 1 of each year, the Department shall submit to the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety and the Chairs of the Justice and Public Safety Appropriations Committees a list of the recipients of the grants awarded, or preapproved for award, from funds appropriated to the Department for local Juvenile Crime Prevention Council (JCPC) grants, including the following information:
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(b)	On or before February 1 of each year, the Department shall send to the Fiscal Research Division of the Legislative Services Commission an electronic copy of the list and information required under subsection (a) of this section.

conforming changes regarding department of juvenile justice and delinquency prevention
SECTION 2.3.(a)  Except for instances in which language is rewritten pursuant to subsection 3.3.(a) of this act, the following statutes are amended by deleting the language "Department of Public Safety" wherever it appears and substituting "Department of Juvenile Justice and Delinquency Prevention": G.S. 7B‑1904, 7B‑1905, and 7B‑2507.
SECTION 2.3.(b)  Except for instances in which language is rewritten pursuant to subsection 3.3.(b) of this act, the following statutes are amended by deleting the language "Division of Adult Correction and Juvenile Justice of the Department of Public Safety" wherever it appears and substituting "Department of Juvenile Justice and Delinquency Prevention": G.S. 7B‑1501, 7B‑2204, 7B‑2517, 7B‑3000, 7B‑3001, 115C‑106.3, 115C‑107.6, 115C‑108.1, 115C‑296.2, 115C‑325.10, 126‑5, and 143‑138.
SECTION 2.3.(c)  Except for instances in which language is rewritten pursuant to subsection 3.3.(d) of this act, the following statutes are amended by deleting the language "Secretary of Public Safety" wherever it appears and substituting "Secretary of the Department of Juvenile Justice and Delinquency Prevention": G.S. 7B‑4002 and G.S. 17C‑6.
SECTION 2.3.(d)  The following statutes are amended by deleting the language "Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety" wherever it appears and substituting "Department of Juvenile Justice and Delinquency Prevention": G.S. 7A‑302, 7B‑3100, 14‑239, 14‑258.1, 14‑316.1, 66‑58, 114‑12.1, 115D‑1, 122C‑113, 122C‑117, 143‑166.2, 143‑166.13, 143B‑152.14, 143B‑153, 153A‑221.1, 164‑40, and 164‑43.
SECTION 2.3.(e)  The following statutes are amended by deleting the language "Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice" wherever it appears and substituting "Department of Juvenile Justice and Delinquency Prevention": G.S. 17C‑3 and G.S. 122C‑115.4.

Part iii. additional conforming changes for department of correction and department of juvenile justice and delinquency prevention
SECTION 3.1.(a)  G.S. 66‑58 reads as rewritten:
"§ 66‑58.  Sale of merchandise or services by governmental units.
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(b)	The provisions of subsection (a) of this section shall not apply to:
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(6a)	The Department of Juvenile Justice and Delinquency Prevention.
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(15)	The Department of Correction is authorized to purchase and install automobile license tag plant equipment for the purpose of manufacturing license tags for the State and local governments and for such other purposes as the Department may direct.
The Commissioner of Motor Vehicles, or such other authority as may exercise the authority to purchase automobile license tags is hereby directed to purchase from, and to contract with, the Department of Correction for the State automobile license tag requirements from year to year.
The price to be paid to the Department for the tags shall be fixed and agreed upon by the Governor, the Department, and the Motor Vehicle Commissioner, or such authority as may be authorized to purchase the supplies.
(16)	Laundry services performed by the Department of Correction may be provided only for agencies and instrumentalities of the State which are supported by State funds and for county or municipally controlled and supported hospitals presently being served by the Department, or for which services have been contracted or applied for in writing, as of May 22, 1973. In addition to the prior sentence, laundry services performed by the Department may be provided for VA Medical Centers of the United States Department of Veterans Affairs, the Governor Morehead School, and the North Carolina School for the Deaf.
The services shall be limited to wet‑washing, drying and ironing of flatwear or flat goods such as towels, sheets and bedding, linens and those uniforms prescribed for wear by the institutions and further limited to only flat goods or apparel owned, distributed or controlled entirely by the institutions and shall not include processing by any dry‑cleaning methods; provided, however, those garments and items presently being serviced by wet‑washing, drying and ironing may in the future, at the election of the Department, be processed by a dry‑cleaning method.
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(25)	The gift or sale of any craft items made by inmates in the custody of the Department of Correction as part of a program or initiative established by the Department.
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(c)	The provisions of subsection (a) shall not prohibit:
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(7)	The operation by penal, correctional or facilities operated by the Department of Health and Human Services, the Department of Correction, or by the Department of Agriculture and Consumer Services, of dining rooms for the inmates or clients or members of the staff while on duty and for the accommodation of persons visiting the inmates or clients, and other bona fide visitors.
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(13)	The operation by the Department of Correction of forestry management programs on State‑owned lands, including the sale on the open market of timber cut as a part of the management program.
(14)	The operation by the Department of Correction of facilities to manufacture and produce traffic and street name signs for use on the public streets and highways of the State.
(15)	The operation by the Department of Correction of facilities to manufacture and produce paint for use on the public streets and highways of the State.
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(f)	Notwithstanding the provisions of G.S. 66‑58(a), the operation by the Department of Correction of facilities for the manufacture of any product or the providing of any service pursuant to Article 14 of Chapter 148 of the General Statutes not regulated by the provisions of subsection (c) of this section shall be subject to the prior approval of the Governor, with biennial review by the General Assembly, at the beginning of each fiscal year commencing after October 1, 1975. The Department shall file with the Director of the Budget quarterly reports detailing prison enterprise operations in such a format as shall be required by the Director of the Budget.
…."
SECTION 3.1.(b)  G.S. 14‑258.7(a) reads as rewritten:
"(a)	The Department of Correction shall report the following to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by March 15 of each year:
…."
SECTION 3.1.(c)  G.S. 17C‑3 reads as rewritten:
"(a)	There is established the North Carolina Criminal Justice Education and Training Standards Commission, hereinafter called "the Commission." The Commission shall be composed of 34 members as follows:
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(6)	Adult Correction and Juvenile Justice. – Four correctional officers in management positions employed by the Department of Correction shall be appointed, two from the Section of Community Corrections upon the recommendation of the Speaker of the House of Representatives and two from the Section of Prisons upon the recommendation of the President Pro Tempore of the Senate. Appointments by the General Assembly shall be made in accordance with G.S. 120‑122. Appointments by the General Assembly shall serve two‑year terms to conclude on June 30th in odd‑numbered years or until the appointee no longer serves in a management position with the Department of Correction, whichever occurs first. The Governor shall appoint one correctional officer employed by the Department of Correction and assigned to the Office of Staff Development and Training, and one juvenile justice officer employed by the Department of Juvenile Justice and Delinquency Prevention. The Governor's appointments shall serve three‑year terms or until the appointee is no longer assigned to the Office of Staff Development and Training or is no longer a juvenile justice officer, whichever occurs first."
SECTION 3.1.(d)  G.S. 120‑70.94(a) reads as rewritten:
"(a)	The Joint Legislative Oversight Committee on Justice and Public Safety shall examine, on a continuing basis, the correctional, law enforcement, and juvenile justice systems in North Carolina, in order to make ongoing recommendations to the General Assembly on ways to improve those systems and to assist those systems in realizing their 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 Public Safety, the Department of Correction, and the Department of Juvenile Justice and Delinquency Prevention to determine ways in which the General Assembly may improve the effectiveness of the Departments.
(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.
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(2b)	Examine the effectiveness of the Department of Juvenile Justice and Delinquency Prevention in implementing the duties and responsibilities charged to the Department and the overall effectiveness and efficiency of the juvenile justice system in the State.
…."
SECTION 3.1.(e)  G.S. 143‑166.1 reads as rewritten:
"§ 143‑166.1.  Purpose.
In consideration of hazardous public service rendered to the people of this State, there is hereby provided a system of benefits for dependents of law‑enforcement officers, firefighters, rescue squad workers, and senior Civil Air Patrol members killed in the discharge of their official duties, and for dependents of noncustodial employees of the Department of Correction and the Department of Juvenile Justice and Delinquency Prevention killed by an individual or individuals in the custody of the Departments."
SECTION 3.1.(f)  G.S. 143‑166.2 reads as rewritten:
"§ 143‑166.2.  Definitions.
The following definitions apply in this Article:
(1)	Covered person. – This term shall apply to all of the following individuals:
a.	Firefighters.
b.	Law enforcement officers.
c.	Noncustodial employees of the Department of Correction and the Department of Juvenile Justice and Delinquency Prevention.
d.	Rescue squad workers.
e.	Senior Civil Air Patrol members.
(2)	Custodial employee. – An employee of the Department of Juvenile Justice and Delinquency Prevention or the Department of Correction who is a detention officer or a correctional officer or who otherwise has direct care and control over individuals in the custody of either Department.
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(6)	Killed in the line of duty. – This term shall apply to all of the following deaths:
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c.	The death of a noncustodial employee who, while performing his or her official duties, is killed in a manner reasonably determined by the Industrial Commission to be directly caused by an individual or individuals in the custody of the Department of Correction or the Department of Juvenile Justice and Delinquency Prevention.
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(7)	Law enforcement officer or officer. – This term shall apply to all of the following individuals:
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b.	Full‑time custodial employees and probation and parole officers of the Department of Correction.
c.	Full‑time institutional and full‑time, permanent part‑time, and temporary detention employees of the Department of Juvenile Justice and Delinquency Prevention.
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(8)	Noncustodial employee. – An employee of the Department of Correction or the Department of Juvenile Justice and Delinquency Prevention who is not a custodial employee.
…."
SECTION 3.1.(g)  G.S. 143‑166.7 reads as rewritten:
"§ 143‑166.7.  Applicability of Article.
The provisions of this Article shall apply and be in full force and effect with respect to any law‑enforcement officer, firefighter, rescue squad worker or senior Civil Air Patrol member killed in the line of duty on or after May 13, 1975. The provisions of this Article shall apply with respect to full‑time, permanent part‑time and temporary employees of the North Carolina Forest Service of the Department of Agriculture and Consumer Services killed in the line of duty on or after July 1, 1975. The provisions of this Article shall apply to county fire marshals and emergency services coordinators killed in the line of duty on and after July 1, 1988. The provisions of this Article shall apply to noncustodial employees of the Department of Correction or the Department of Juvenile Justice and Delinquency Prevention who are killed in the line of duty on and after April 1, 2017."
SECTION 3.1.(h)  G.S. 143‑166.13 reads as rewritten:
"§ 143‑166.13.  Persons entitled to benefits under Article.
(a)	The following persons who are subject to the Criminal Justice Training and Standards Act are entitled to benefits under this Article:
(1)	State Government Security Officers, Department of Administration;
(2)	State Correctional Officers, Department of Correction;
(3)	State Probation and Parole Officers, Department of Correction;
(4)	Sworn State Law‑Enforcement Officers with the power of arrest, Department of Correction.
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(9)	Juvenile Justice Officers, Department of Juvenile Justice and Delinquency Prevention;
…
(b)	The following persons are entitled to benefits under this Article regardless of whether they are subject to the Criminal Justice Training and Standards Act:
(1)	Driver License Examiners injured by accident arising out of and in the course of giving a road test, Division of Motor Vehicles, Department of Transportation;
(2)	Employees of the Department of Correction and the Department of Juvenile Justice and Delinquency Prevention injured by a direct and deliberate act of an offender supervised by either Department or while performing supervisory duties over offenders which place the employees at risk of such injury.
…."
SECTION 3.1.(i)  G.S. 143B‑1100 reads as rewritten:
"§ 143B‑1100.  Governor's Crime Commission – creation; composition; terms; meetings, etc.
(a)	There is hereby created the Governor's Crime Commission of the Department of Public Safety. The Commission shall consist of 43 voting members and five nonvoting members. The composition of the Commission shall be as follows:
(1)	The voting members shall be:
a.	The Governor, the Chief Justice of the Supreme Court of North Carolina (or the Chief Justice's designee), the Attorney General, the Director of the Administrative Office of the Courts, the Secretary of the Department of Health and Human Services, the Secretary of Public Safety (or the Secretary's designee), the Secretary of the Department of Correction, the Secretary of the Department of Juvenile Justice and Delinquency Prevention, and the Superintendent of Public Instruction;
…
(2)	The nonvoting members shall be (i) the Director of the State Bureau of Investigation, (ii) the Director of Prisons for the Department of Correction, (iii) the Director of Community Corrections for the Department of Correction, (iv) the Deputy Secretary responsible for Community Programs with the Department of Juvenile Justice and Delinquency Prevention, and (v) the Deputy Secretary responsible for Facility Services with the Department of Juvenile Justice and Delinquency Prevention.
(b)	The membership of the Commission shall be selected as follows:
(1)	The members identified in sub‑subdivision (1)a. and subdivision (2) of subsection (a) shall serve by virtue of their office. Should the Chief Justice of the Supreme Court choose not to serve, an alternate shall be selected by the Governor from a list submitted by the Chief Justice which list must contain no less than three nominees from the membership of the Supreme Court.
…."

Part IV. Appropriations and effective dates
SECTION 4.1.  There is appropriated from the General Fund to the Department of Correction the sum of one million six hundred thousand dollars ($1,600,000) for fiscal years 2019‑2020 and 2020‑2021 to fund additional managerial positions.
SECTION 4.2.  There is appropriated from the General Fund to the Department of Juvenile Justice and Delinquency Prevention the sum of one million six hundred thousand dollars ($1,600,000) for fiscal years 2019‑2020 and 2020‑2021 to fund additional managerial positions.
SECTION 4.3.  This act becomes effective July 1, 2019.