GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
S 1
SENATE BILL 486
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Short Title: Reform Courts and Jails. |
(Public) |
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Sponsors: |
Senators Mohammed, Fitch, and Batch (Primary Sponsors). |
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Referred to: |
Rules and Operations of the Senate |
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April 5, 2021
A BILL TO BE ENTITLED
AN ACT to PROMOTE CRIMINAL JUSTICE REFORM IN NORTH CAROLINA.
The General Assembly of North Carolina enacts:
PART I. RESTRICT USE OF CASH BONDS FOR CONDITIONS OF PRETRIAL RELEASE FOR CLASS 1, 2, AND 3 MISDEMEANORS
SECTION 1.(a) G.S. 15A‑534 reads as rewritten:
"§ 15A‑534. Procedure for determining conditions of pretrial release.
(a) In determining conditions of pretrial release a judicial official must impose at least one of the following conditions:
(1) Release the defendant on his
the defendant's written promise to appear.
(2) Release the defendant
upon his the defendant's execution of an unsecured appearance
bond in an amount specified by the judicial official.
(3) Place the defendant in
the custody of a designated person or organization agreeing to supervise him.the
defendant.
(4) Require the execution of an appearance bond in a specified amount secured by a cash deposit of the full amount of the bond, by a mortgage pursuant to G.S. 58‑74‑5, or by at least one solvent surety.
(5) House arrest with electronic monitoring.
If condition (5) is imposed, the defendant must execute a secured appearance bond under subdivision (4) of this subsection. If condition (3) is imposed, however, the defendant may elect to execute an appearance bond under subdivision (4). If the defendant is required to provide fingerprints pursuant to G.S. 15A‑502(a1), (a2), (a4), or (a6), or a DNA sample pursuant to G.S. 15A‑266.3A or G.S. 15A‑266.4, and (i) the fingerprints or DNA sample have not yet been taken or (ii) the defendant has refused to provide the fingerprints or DNA sample, the judicial official shall make the collection of the fingerprints or DNA sample a condition of pretrial release. The judicial official may also place restrictions on the travel, associations, conduct, or place of abode of the defendant as conditions of pretrial release. The judicial official may include as a condition of pretrial release that the defendant abstain from alcohol consumption, as verified by the use of a continuous alcohol monitoring system, of a type approved by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, and that any violation of this condition be reported by the monitoring provider to the district attorney.
(b) The judicial official in
granting pretrial release must impose condition (1), (2), or (3) in subsection
(a) above of this section unless he the judicial official
determines that such this release will not reasonably assure
the appearance of the defendant as required; will pose a danger of injury to
any person; or is likely to result in destruction of evidence, subornation of
perjury, or intimidation of potential witnesses. Upon making the determination,
the judicial official must then impose condition (4) or (5) in subsection (a) above
of this section instead of condition (1), (2), or (3), and must
record the reasons for so doing in writing to the extent provided in the
policies or requirements issued by the senior resident superior court judge
pursuant to G.S. 15A‑535(a).
(b1) Notwithstanding subsection (b) of this section, a judicial official must not impose condition (4) of subsection (a) of this section as a condition of pretrial release if the most severe charge brought against a defendant is a Class 1, 2, or 3 misdemeanor, unless the judicial official determines that the defendant will pose a danger of injury to any person. If the judicial official imposes condition (4) of subsection (a) of this section as a condition of pretrial release under the circumstances outlined in this subsection, the judicial official must record the reasons for doing so in writing.
(c) In determining which
conditions of release to impose, the judicial official must, on the basis of
available information, take into account the nature and circumstances of the
offense charged; the weight of the evidence against the defendant; the defendant's
family ties, employment, financial resources, character, and mental condition;
whether the defendant is intoxicated to such a degree that he the
defendant would be endangered by being released without supervision; the
length of his the defendant's residence in the community; his the
defendant's record of convictions; his the defendant's history
of flight to avoid prosecution or failure to appear at court proceedings; and
any other evidence relevant to the issue of pretrial release.
(d) The judicial official
authorizing pretrial release under this section must issue an appropriate order
containing a statement of the conditions imposed, if any; inform the defendant
in writing of the penalties applicable to violations of the conditions of his
the defendant's release; and advise him the defendant that
his the defendant's arrest will be ordered immediately upon any
violation. The order of release must be filed with the clerk and a copy given
the defendant and any surety, or the agent thereof who is executing the bond
for the defendant's release pursuant to that order.
…
(e) A magistrate or a clerk
may modify his the magistrate's or clerk's own pretrial release
order at any time prior to the first appearance before the district court
judge. At or after such the first appearance, except when the
conditions of pretrial release have been reviewed by the superior court
pursuant to G.S. 15A‑539, a district court judge may modify a
pretrial release order of the magistrate or clerk or any pretrial release order
entered by him the district court judge at any time prior to:
(1) In a misdemeanor case tried in the district court, the noting of an appeal; and
(2) In a case in the original trial jurisdiction of the superior court, the binding of the defendant over to superior court after the holding, or waiver, of a probable‑cause hearing.
After a case is before the superior
court, a superior court judge may modify the pretrial release order of a
magistrate, clerk, or district court judge, or any such pretrial
release order entered by him, the superior court judge, at
any time prior to the time set out in G.S. 15A‑536(a).
…
(g) In imposing conditions
of pretrial release and in modifying and revoking orders of release under this
section, the judicial official must take into account all evidence available to
him the judicial official which he the judicial
official considers reliable and is not strictly bound by the rules of
evidence applicable to criminal trials.
(h) A bail bond posted
pursuant to this section is effective and binding upon the obligor throughout
all stages of the proceeding in the trial division of the General Court of
Justice until the entry of judgment in the district court from which no appeal
is taken or the entry of judgment in the superior court. The obligation of an
obligor, however, is terminated at an earlier time if:if either:
(1) A judge authorized to do
so releases the obligor from his bond; orthe obligor's bond.
(2) The principal is
surrendered by a surety in accordance with G.S. 15A‑540; orG.S. 15A‑540.
(3) The proceeding is
terminated by voluntary dismissal by the State before forfeiture is ordered
under G.S. 15A‑544.3; orG.S. 15A‑544.3.
(4) Prayer for judgment has
been continued indefinitely in the district court; orcourt.
(5) The court has placed the defendant on probation pursuant to a deferred prosecution or conditional discharge.
…."
SECTION 1.(b) This section becomes effective October 1, 2021, and applies to conditions of release imposed on or after that date.
PART II. REVISE FEES IMPOSED FOR HAVING A DRIVERS LICENSE SUSPENDED OR REVOKED
SECTION 2.(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 shall
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 he:the
person:
(1) failed Failed to
appear, after being notified to do so, when the case was called for a trial or hearing;
orhearing.
(2) failed Failed to
pay a fine, penalty, or court costs ordered by the court.
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 Except as
otherwise provided in subsection (g) of this section, a license revoked
under this section remains revoked until the person whose license has been
revoked:one of the following occurs:
(1) The person disposes
of the charge in the trial division in which he the person failed
to appear when the case was last called for trial or hearing; orhearing.
(2) The person demonstrates
to the court that he the person is not the person charged with
the offense; oroffense.
(3) The person pays
the penalty, fine, or costs ordered by the court; orcourt.
(4) The person demonstrates
to the court that his the failure to pay the penalty, fine, or
costs the fine or penalty was not willful and that he the
person is making a good faith effort to pay or that the penalty, fine, or
costs should be remitted.
Upon receipt of notice from the court
that the person has satisfied the conditions of this subsection applicable to
his case, the Division must shall 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.
(b1) A defendant must be afforded an opportunity for a trial or a hearing within a reasonable time of the defendant's appearance. Upon motion of a defendant, the court must order that a hearing or a trial be heard within a reasonable time.
(c) If the person satisfies
the conditions of subsection (b) that are applicable to his the
person's case before the effective date of the revocation order, the
revocation order and any entries on his 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 Except as
otherwise provided in subsection (g) of this section, 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 and satisfy
any other applicable requirements of this Article before the person may be
relicensed.
…
(f) If a license is revoked under subdivision (2) of
subsection (a) of this section, and for no other reason, the person subject to
the order may apply to the court for a limited driving privilege valid for up
to one year or until any fine, penalty, or court costs ordered by the court are
paid. The court may grant the limited driving privilege in the same manner and
under the terms and conditions prescribed in G.S. 20‑16.1. A person
is eligible to apply for a limited driving privilege under this subsection only
if the person has not had a limited driving privilege granted under this
subsection within the three years prior to application.
(g) Except for a revocation order entered under this section resulting from a charge of impaired driving, the Division shall automatically restore a license revoked pursuant to subsection (a) of this section 12 months after the effective date of revocation."
SECTION 2.(b) G.S. 20‑7(i1) reads as rewritten:
"(i1) Restoration Fee. – Any person whose drivers license has been revoked pursuant to the provisions of this Chapter, other than G.S. 20‑17(a)(2) shall pay a restoration fee of sixty five dollars ($65.00). A person whose drivers license has been revoked under G.S. 20‑17(a)(2) shall pay a restoration fee of one hundred thirty dollars ($130.00). The fee shall be paid to the Division prior to the issuance to such person of a new drivers license or the restoration of the drivers license. The restoration fee shall be paid to the Division in addition to any and all fees which may be provided by law. This restoration fee shall not be required from any licensee whose license was revoked or voluntarily surrendered for medical or health reasons whether or not a medical evaluation was conducted pursuant to this Chapter. The sixty five dollar ($65.00) fee, and the first one hundred five dollars ($105.00) of the one hundred thirty dollar ($130.00) fee, shall be deposited in the Highway Fund. Twenty five dollars ($25.00) of the one hundred thirty dollar ($130.00) fee shall be used to fund a statewide chemical alcohol testing program administered by the Forensic Tests for Alcohol Branch of the Chronic Disease and Injury Section of the Department of Health and Human Services. Notwithstanding any other provision of law, a restoration fee assessed pursuant to this subsection may be waived by the Division when (i) the restoration fee remains unpaid for more than 10 years from the date of assessment and (ii) the person responsible for payment of the restoration fee has been issued a drivers license by the Division after the effective date of the revocation for which the restoration fee is owed. The Division may also waive restoration fees and other service fees upon a finding by the Commissioner that the license holder has shown good cause for not being able to pay the fine. The Office of State Budget and Management shall annually report to the General Assembly the amount of fees deposited in the General Fund and transferred to the Forensic Tests for Alcohol Branch of the Chronic Disease and Injury Section of the Department of Health and Human Services under this subsection."
SECTION 2.(c) Except for offenses involving impaired driving, the Division shall automatically restore any drivers license suspended for failure to pay after 12 months.
SECTION 2.(d) This section becomes effective October 1, 2021.
PART III. REQUIRE FIRST APPEARANCES FOR MISDEMEANORS WHEN A DEFENDANT IS IN CUSTODY, REQUIRE THAT FIRST APPEARANCES OCCUR WITHIN 48 HOURS OF ARREST, REPEAL AUTOMATIC BOND DOUBLING, AND REQUIRE A PREVENTATIVE DETENTION HEARING WITHIN FIVE DAYS OF BEING HELD IN CUSTODY
SECTION 3.(a) G.S. 15A‑601 reads as rewritten:
"§ 15A‑601. First appearance before a district court
judge; right in felony and other cases in original jurisdiction of superior
court; consolidation of first appearance before magistrate and before
district court judge; first appearance before clerk of superior court; use of
two‑way audio and video transmission.
(a) Any defendant charged in
a magistrate's order under G.S. 15A‑511 or criminal process under
Article 17 of this Chapter, Criminal Process, with a crime in the original
jurisdiction of the superior court must be brought before a district court
judge in the district court district as defined in G.S. 7A‑133 in
which the crime is charged to have been committed. This first appearance before
a district court judge is not a critical stage of the proceedings
against the defendant.
Any defendant charged in a magistrate's order under G.S. 15A‑511 or criminal process under Article 17 of this Chapter, Criminal Process, with a misdemeanor offense and held in custody must be brought before a district court judge in the district court district as defined in G.S. 7A‑133 in which the crime is charged to have been committed. This first appearance before a district court judge is a critical stage of the proceedings against the defendant.
…
(b) When a district court
judge conducts an initial appearance as provided in G.S. 15A‑511, he
the judge may consolidate those proceedings and the proceedings
under this Article.
(c) Unless the defendant is
released pursuant to Article 26 of this Chapter, Bail, first appearance before
a district court judge must be held within 96 48 hours after the
defendant is taken into custody or at the first regular session of the district
court in the county, whichever occurs first. If the defendant is not taken into
custody, or is released pursuant to Article 26 of this Chapter, Bail, within 96
48 hours after being taken into custody, first appearance must be
held at the next session of district court held in the county. This subsection
does not apply to a defendant whose first appearance before a district court
judge has been set in a criminal summons pursuant to G.S. 15A‑303(d).
…
(e) The clerk of the
superior court in the county in which the defendant is taken into custody may
conduct a first appearance as provided in this Article if a district court
judge is not available in the county within 96 48 hours after the
defendant is taken into custody. The clerk, in conducting a first appearance,
shall proceed under this Article as would a district court judge."
SECTION 3.(b) G.S. 15A‑534 reads as rewritten:
"§ 15A‑534. Procedure for determining conditions of pretrial release.
…
(d1) When conditions of
pretrial release are being imposed on a defendant who has failed on one or more
prior occasions to appear to answer one or more of the charges to which the
conditions apply, the judicial official shall at a minimum impose the
conditions of pretrial release that are recommended in any order for the arrest
of the defendant that was issued for the defendant's most recent failure to
appear. If no conditions are recommended in that order for arrest, the judicial
official shall require the execution of a secured appearance bond in an
amount at least double the amount of the most recent previous secured or
unsecured bond for the charges or, if no bond has yet been required for the
charges, in the amount of at least one thousand dollars ($1,000). The
judicial official shall also impose such restrictions on the travel,
associations, conduct, or place of abode of the defendant as will assure that
the defendant will not again fail to appear. The judicial official shall
indicate on the release order that the defendant was arrested or surrendered
after failing to appear as required under a prior release order. If the
information available to the judicial official indicates that the defendant has
failed on two or more prior occasions to appear to answer the charges, the
judicial official shall indicate that fact on the release order.
…
(d3) When conditions of pretrial release are being
determined for a defendant who is charged with an offense and the defendant is
currently on pretrial release for a prior offense, the judicial official may
require the execution of a secured appearance bond in an amount at least double
the amount of the most recent previous secured or unsecured bond for the
charges or, if no bond has yet been required for the charges, in the amount of
at least one thousand dollars ($1,000).
…."
SECTION 3.(c) Article 26 of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A‑534.8. Preventative detention hearing required.
(a) Following an initial appearance, if the defendant remains in custody due to the imposition of conditions of pretrial release under G.S. 15A‑534(a)(4) or (5), the defendant shall be brought before a district court judge in the district court district as defined in G.S. 7A‑133 in which the crime is charged to have been committed for a preventative detention hearing. The preventative detention hearing shall occur within five days of the defendant's initial appearance. The hearing shall be separate from the defendant's first appearance. The defendant shall have a right to counsel at the hearing, which shall be provided by the State at the State's expense if the defendant is found to be indigent.
(b) At a preventative detention hearing held pursuant to this section, the defendant shall have the opportunity to present evidence and examine witnesses to determine whether conditions of pretrial release under G.S. 15A‑534(a)(4) or (5) are necessary to ensure the safety of any person. The State shall also have an opportunity to respond, present evidence, and examine witnesses during the hearing. If the district court judge finds by clear and convincing evidence that the conditions of pretrial release under G.S. 15A‑534(a)(4) or (5) are not necessary to reasonably prevent injury to any person, the judge shall set new conditions of pretrial release pursuant to G.S. 15A‑534.
(c) If the district court judge does not rule in favor of the defendant pursuant to a preventative detention hearing under this section, the judge shall record written findings as to why the continued detention of the defendant is necessary. The conditions of pretrial release that were at issue during the hearing shall remain the same unless otherwise lawfully modified by the judge."
SECTION 3.(d) This section becomes effective October 1, 2021, and applies to conditions of pretrial release imposed on or after that date.
PART IV. AUTOMATICALLY ENROLL CRIMINAL DEFENDANTS IN THE ADMINISTRATIVE OFFICE OF THE COURTS COURT DATE REMINDER SYSTEM AND ALLOW CRIMINAL DEFENDANTS TO STRIKE A FAILURE TO APPEAR UNDER CERTAIN CIRCUMSTANCES
SECTION 4.(a) The Administrative Office of the Courts shall automatically enroll all criminal defendants into its court date reminder system. A criminal defendant shall be allowed to opt out of this automatic enrollment by using processes developed by the Administrative Office of the Courts. The processes that allow a criminal defendant to opt out of this automatic enrollment shall be developed and implemented no later than December 1, 2021.
SECTION 4.(b) Article 17 of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A‑306. Strike failure to appear under certain circumstances.
(a) Notwithstanding any other provision of law, a person who fails to appear in court as required by a citation or other criminal process served upon that person pursuant to this Article shall have 20 calendar days from the missed court date to contact the clerk of superior court to request a new court date. If a person contacts the clerk of superior court as required by this section, the person's failure to appear in court, as well as any order for arrest or fines related to the failure to appear in court, shall be stricken by the clerk of superior court and the person shall be provided a new court date in the case.
(b) A person shall receive no more than one new court date in a criminal case pursuant to this section."
SECTION 4.(c) Subsection (a) of this section becomes effective December 1, 2021, and applies to criminal defendants arrested on or after that date. Subsection (b) of this section becomes effective October 1, 2021, and applies to failures to appear in court on or after that date. The remainder of this section is effective when it becomes law.
PART V. PROVIDE A RIGHT TO COUNSEL FOR CRIMINAL DEFENDANTS FACING A FINE OF TWO HUNDRED DOLLARS OR MORE AND APPROPRIATE FUNDS TO INDIGENT DEFENSE SERVICES FOR THE PURPOSE OF IMPLEMENTING THAT CHANGE
SECTION 5.(a) G.S. 7A‑451(a) reads as rewritten:
"(a) An indigent person is entitled to services of counsel in the following actions and proceedings:
(1) Any case in which imprisonment,
or a fine of five hundred dollars ($500.00), or more, is likely to be adjudged.a
felony or misdemeanor is charged.
…
(3) A motion for appropriate
relief under Chapter 15A of the General Statutes if appointment of counsel is
authorized by Chapter 15A of the General Statutes and the defendant has been
convicted of a felony, has been fined five two hundred dollars ($500.00)
($200.00) or more, or has been sentenced to a term of imprisonment.
…."
SECTION 5.(b) There is appropriated from the General Fund to the Office of Indigent Defense Services, Private Assigned Counsel Fund, the sum of one million one hundred eighty thousand dollars ($1,180,000) in recurring funds for each fiscal year of the 2021‑2023 fiscal biennium to be used to fund the increased need of appointed counsel pursuant to the expansion of eligibility to receive appointed counsel under this section.
SECTION 5.(c) Subsection (b) of this section becomes effective July 1, 2021. The remainder of this section becomes effective October 1, 2021.
PART VI. MAKE JURIES MORE REPRESENTATIVE OF THE POPULATION
SECTION 6.(a) Article 1 of Chapter 9 of the General Statutes reads as rewritten:
"Article 1.
"Jury Commissions, Preparation of Jury Lists, and Drawing of Panels.
…
"§ 9‑2. Preparation of master jury list; sources of names.
(a) It shall be the duty of
the jury commission during every odd‑numbered year to annually prepare
a master list of prospective jurors qualified under this Chapter to serve in
the biennium beginning on January 1 of the next year. Instead of
providing a master list for an entire biennium, the commission may prepare a
master list each year if the senior regular resident superior court judge
requests in writing that it do so.
…
(f) The master list shall
contain not less than one and one‑quarter times and not more than
three times as many names as were drawn for jury duty in all courts in the
county during the previous biennium, or, if an annual list is being prepared as
requested under subsection (a) of this section the master list shall contain not
less than one and one‑quarter times and not more than three times as many
names as were drawn for jury duty in all courts in the county during the
previous year year, but in no event shall the list include fewer
than 500 names, except that in counties in which a different panel of jurors is
selected for each day of the week, there is no limit to the number of names
that may be placed on the master list.
…
"§ 9‑2.1. Repealed by Session Laws 2012‑180, s. 2, effective July 12, 2012.
…
"§ 9‑4. Preparation and custody of alphabetized list; access to list.
(a) As the master jury list is prepared, the name of each qualified person selected for the list shall be recorded and alphabetically arranged. The alphabetized list shall be maintained in the office of the clerk of superior court, together with a statement of the sources used and procedures followed in preparing the list. The alphabetized list shall be kept under lock and key, but shall be available for public inspection during regular office hours. The clerk of court may elect to store an electronic copy of the alphabetized list for the county.
(b) Public access to juror information shall be limited to the alphabetized list of the names. The addresses and dates of birth of prospective jurors are confidential and not subject to disclosure without an order of the court."
SECTION 6.(b) G.S. 20‑43.4 reads as rewritten:
"§ 20‑43.4. Current list of licensed drivers to be provided to jury commissions.
(a) The Commissioner of
Motor Vehicles shall annually provide to each county jury commission an
alphabetical list of all persons that the Commissioner has determined are
residents of the county, who will be 18 years of age or older as of the first day
of January of the following year, and licensed to drive a motor vehicle as of
July 1 of each odd‑numbered year, provided that if an annual master
jury list is being prepared under G.S. 9‑2(a), the list to be
provided to the county jury commission shall be updated and provided annually.the
year in which the list is compiled.
(b) The list shall include those persons whose license to drive has been suspended, and those former licensees whose license has been canceled, except that the list shall not include the name of any formerly licensed driver whose license is expired and has not been renewed for eight years or more. The list shall contain the address and zip code of each driver, plus the driver's date of birth, sex, race, social security number, and drivers license number, and may be in either printed or computerized form, as requested by each county. Before providing the list to the county jury commission, the Commissioner shall have computer‑matched the list with the voter registration list of the State Board of Elections to eliminate duplicates. The Commissioner shall also remove from the list the names of those residents of the county who are (i) issued a drivers license of limited duration under G.S. 20‑7(s), (ii) issued a drivers license of regular duration under G.S. 20‑7(f) and who hold a valid permanent resident card issued by the United States, or (iii) who are recently deceased, which names shall be supplied to the Commissioner by the State Registrar under G.S. 130A‑121(b). The Commissioner shall include in the list provided to the county jury commission names of registered voters who do not have drivers licenses, and shall indicate the licensed or formerly licensed drivers who are also registered voters, the licensed or formerly licensed drivers who are not registered voters, and the registered voters who are not licensed or formerly licensed drivers.
(b1) The raw data of date of birth, sex, and race used to develop the list provided by the Commissioner under subsection (b) of this section shall be made available for analysis by clerks of court, jury commissions, and the public to ensure compliance with applicable laws. The data of date of birth, sex, and race in the list provided by the Commissioner under subsection (b) of this section shall also be made available for analysis by clerks of court, jury commissions, and the public to ensure compliance with applicable laws.
(c) The Except as
provided in subsection (b1) of this section, the list so provided shall be
used solely for jury selection and election records purposes and no other. Information
Except as provided in subsection (b1) of this section, information provided
by the Commissioner to county jury commissions and the State Board of Elections
under this section shall remain confidential, shall continue to be subject to
the disclosure restriction provisions of G.S. 20‑43.1, and shall not
be a public record for purposes of Chapter 132 of the General Statutes."
"(l) The data of date of birth, sex, and race for the following lists shall be compiled by each county and shall be public records under Chapter 132 of the General Statutes:
(1) The master list of prospective jurors.
(2) The list of jurors summoned.
(3) The list of jurors that have served.
(4) The list of jurors that have been excused.
(5) The list of jurors that have been disqualified.
(6) The list of jurors whose service has been deferred."
SECTION 6.(d) Subsection (a) of this section is effective when it becomes law and applies to master jury lists prepared on or after that date. Subsection (b) of this section is effective when it becomes law and applies to lists compiled by the Commissioner of Motor Vehicles on or after that date. Subsection (c) of this section becomes effective October 1, 2021, and applies to lists prepared on or after that date. The remainder of this section is effective when it becomes law.
PART VII. PROMOTING THE DIGNITY OF WOMEN WHO ARE INCARCERATED
SECTION 7.(a) Chapter 15A of the General Statutes is amended by adding a new Article to read:
"Article 83A.
"Dignity for Women Who are Incarcerated Act.
"§ 15A‑1360.2. Definitions.
As used in this Article, the following definitions apply:
(1) Body cavity searches. – Invasive searches of incarcerated persons conducted by correctional facility employees in search of contraband.
(2) Correctional facility employee. – Anyone who is employed by a correctional facility or the State Department of Public Safety.
(3) Correctional facility. – Any unit of the State prison system, local confinement facility, juvenile detention facility, or other entity under the authority of any State or local law enforcement agency that has the power to detain or restrain a person under the laws of this State.
(4) Extraordinary circumstance. – There has been an individualized determination that there are compelling grounds to believe that the incarcerated woman presents an immediate, serious threat of harming herself, the fetus, or any other person, or an immediate substantial flight risk that cannot be reasonably contained by other means, including the use of additional personnel.
(5) Flight risk. – An incarcerated person who has shown the intent to attempt to escape the correctional facility.
(6) Incarcerated person. – Any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for violations of criminal law or the terms and conditions of parole, probation, pretrial release, or a diversionary program.
(7) Menstrual products. – Products that women use during their menstrual cycle. These include tampons, sanitary napkins, and menstrual cups.
(8) Postpartum recovery. – The six‑week period following delivery, or longer, as determined by the health care professional responsible for the health and safety of the incarcerated woman.
(9) Restraints. – Any physical or mechanical device used to restrict or control the movement of an incarcerated person's body, limbs, or both.
(10) Restrictive housing. – Any type of detention that involves an inability to leave a room or cell for the vast majority of the day.
(11) State of undress. – A situation when an incarcerated person is partially or fully naked, either in the shower, toilet areas, a medical examination room, or while having a body cavity search conducted.
"§ 15A‑1360.3. Care for incarcerated women related to pregnancy and childbirth.
(a) Limitation on Use of Restraints. – Except as otherwise provided in this subsection, the Department of Public Safety and correctional facility employees shall not apply the following restraints on a pregnant incarcerated woman during the second and third trimester of pregnancy, during labor and delivery, and during the six‑week postpartum recovery period:
(1) Leg restraints.
(2) Handcuffs or other wrist restraints.
(3) Restraints connected to other incarcerated persons.
(4) Waist shackles.
An incarcerated woman who is in the postpartum recovery period may only be restrained using wrist handcuffs held in front of her body and only if a correctional facility employee makes an individualized determination that an extraordinary circumstance exists. In this case, the correctional facility employee ordering use of restraints on any incarcerated woman while in the postpartum recovery period shall submit a written report to the warden or administrator of the correctional facility within 72 hours following the use of restraints. The report shall contain the justification for restraining the incarcerated woman during postpartum recovery.
Nothing in this subsection shall prohibit the use of medical restraints by a licensed health care professional to ensure the medical safety of a pregnant incarcerated woman.
(b) Invasive Searches. – No correctional facility employee, other than a certified health care professional, shall conduct invasive body cavity searches of an incarcerated woman who is pregnant or in the postpartum recovery period unless the correctional facility employee has compelling grounds to believe that the incarcerated woman is concealing contraband that presents an immediate threat of harm to the incarcerated person, the fetus, or another person. In this case, the correctional facility employee shall submit a written report to the warden or administrator of the correctional facility within 72 hours following the invasive search, containing the justification for the invasive search and the presence or absence of any contraband.
(c) Nutrition. – The Department of Public Safety and the administrator of the correctional facility shall ensure that pregnant incarcerated women are provided sufficient food and dietary supplements, and are provided access to food at appropriate times of day, as ordered by a physician, a physician staff member, or a correctional facility nutritionist to meet generally accepted prenatal nutritional guidelines for pregnant women.
(d) Restrictive Housing. – The Department of Public Safety and the administrator of the correctional facility shall not place any pregnant incarcerated woman, or any incarcerated person who is in the six‑week postpartum recovery period, in restrictive housing unless a correctional facility employee makes an individualized determination that an extraordinary circumstance exists. In this case, the correctional facility employee authorizing the placement of the incarcerated person in restrictive housing shall submit a written report to the warden or administrator of the correctional facility within 72 hours following the transfer. The report shall contain the justification for confining the incarcerated woman in restrictive housing.
(e) Bed Assignments. – The Department of Public Safety and the administrator of the correctional facility shall not assign any incarcerated woman who is pregnant or in postpartum recovery to any bed that is elevated more than 3 feet from the floor of the correctional facility.
(f) Cost of Care. – Pregnant incarcerated women shall be provided necessary prenatal, labor, and delivery care as needed at no cost to the incarcerated woman.
(g) Reporting. – The warden or administrator of the correctional facility shall compile a monthly summary of all written reports received pursuant to this section, G.S. 15A‑1360.4, and G.S. 15A‑1360.6. The warden or administrator of the correctional facility shall submit the summary to the Secretary of the Department of Public Safety.
"§ 15A‑1360.4. Postpartum recovery of incarcerated women.
(a) Bonding Period. – Following the delivery of a newborn by an incarcerated woman, the Department of Public Safety or the administrator of the correctional facility shall permit the newborn to remain with the incarcerated woman for at least 72 hours unless the medical provider has a reasonable belief that remaining with the incarcerated woman poses a health or safety risk to the newborn.
(b) Nutritional and Hygiene Products During the Postpartum Period. – During the period of postpartum recovery, the Department of Public Safety and the administrator of the correctional facility shall make available the necessary nutritional and hygiene products, including sanitary napkins, underwear, and hygiene products for the postpartum woman, and diapers to care for the newborn. The products shall be provided at no cost to the incarcerated woman.
"§ 15A‑1360.5. Family considerations; placement of incarcerated person; visitation.
(a) Placement. – To the greatest extent practicable, after accounting for security and capacity, the Department of Public Safety shall place incarcerated persons who are in the custody of the State prison system and who are parents of minor children within 250 miles of their permanent address of record.
(b) Visitation. – The Department of Public Safety and the administrator of a correctional facility shall adopt rules authorizing visitation of incarcerated persons with low‑ or minimum‑security classifications, who are parents of minor children, by the incarcerated person's minor children. The rules shall specify the following minimum 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 correctional facility contraband policy.
(2) The elimination of restrictions on the number of dependent children under the age of 18 that may be permitted visitation privileges.
(3) Authorization of contact visits for incarcerated persons who are parents of minor children.
"§ 15A‑1360.6. Inspection by correctional facility employees.
(a) Inspections When a Female Incarcerated Person 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 and the administrator of the correctional facility shall issue regulations that limit inspections by male correctional facility employees when a female incarcerated person is in a state of undress. Nothing in this section shall limit the ability of a male correctional facility employee from conducting inspections when a female incarcerated person may be in a state of undress if no female correctional facility employees are available within a reasonable period of time.
(b) Documentation Requirement. – If a male correctional facility employee deems it is appropriate to conduct an inspection or search while a female incarcerated person is in a clear state of undress in an area such as the shower, the medical examination room, toilet areas, or while a female incarcerated person is having a body cavity search, the male correctional facility employee shall submit a written report to the warden or administrator of the correctional facility within 72 hours following the inspection or search, containing the justification for a male correctional facility employee to inspect the female incarcerated person while in a state of undress.
"§ 15A‑1360.7. Access to menstrual products.
Access to Menstrual Products. – The Department of Public Safety and the administrator of the correctional facility shall ensure that sufficient menstrual products are available at the correctional facility for all incarcerated women who have an active menstrual cycle. Incarcerated women who menstruate shall be provided menstrual products as needed at no cost to the incarcerated woman.
"§ 15A‑1360.8. Training and technical assistance.
(a) Correctional Facility Employee Training. – The Department of Public Safety and the administrator of the correctional facility shall develop, in consultation with the Department of Health and Human Services, Divisions of Public Health and Mental Health, Developmental Disabilities, and Substance Abuse Services, and provide to all correctional facility employees who have contact with pregnant incarcerated women training related to the physical and mental health of pregnant incarcerated women and fetuses, including:
(1) General care of pregnant women.
(2) The impact of restraints on pregnant incarcerated women and fetuses.
(3) The impact of being placed in restrictive housing on pregnant incarcerated women.
(4) The impact of invasive searches on pregnant incarcerated women.
(b) Educational Programming for Pregnant Incarcerated Women. – The Department of Public Safety and the administrator of the correctional facility shall develop and provide educational programming for pregnant incarcerated women 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."
SECTION 7.(b) G.S. 143B‑702 reads as rewritten:
"§ 143B‑702. Division of Adult Correction and Juvenile Justice of the Department of Public Safety – rules and regulations.
(a) The Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall adopt rules and regulations related to the conduct, supervision, rights and privileges of persons in its custody or under its supervision. Such rules and regulations shall be filed with and published by the office of the Attorney General and shall be made available by the Division for public inspection. The rules and regulations shall include a description of the organization of the Division. A description or copy of all forms and instructions used by the Division, except those relating solely to matters of internal management, shall also be filed with the office of the Attorney General.
(b) The rules and regulations adopted under this section shall be subject to the requirements of Article 83A of Chapter 15A of the North Carolina General Statutes."
SECTION 7.(c) Article 10 of Chapter 153A of the General Statutes is amended by adding a new section to read:
"§ 153A‑221.2. Treatment of pregnant prisoners; female prisoners.
A local confinement facility established pursuant to this Part shall be subject to the requirements of Article 83A of Chapter 15A of the North Carolina General Statutes."
SECTION 7.(d) This section becomes effective October 1, 2021.
PART VIII. EFFECTIVE DATE
SECTION 8. Except as otherwise provided, this act is effective when it becomes law.