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House | May 14, 2015 | Committee Room | Appropriations, Justice and Public Safety

Full MP3 Audio File

OK folks we'll call the meeting to order, and we have to hand out some information to you and while that's being done I'm going to call out some folks that are helping us this morning. We have. [xx]. Is mine not on needs to be higher. What I'm a saying. How do we turn it higher? Does he even have a microphone? I'm such a tender voice well I think that's the wrong. OK I'll get closer is that better? Yes. Alright, alright now I'm going to squeak. OK we have two pages Zachary is a wroup is that's how is pronounced Zachary, is that correct? Tell us a little bit about yourself? I'm fun of  Paig County growing through North Carolina and so far I've had a pretty good experience here. I've got to meet a lot of people and see how things work so I'm really enjoying it here who's your sponsor? My sponsor would be Brian Brown, but since he had already recommended someone, my sponsor was Paul Stam. He pulled some strings? Yes Sir. Good to have you with us. Nathan Sasser[sp?] where's Nathan? Over here? Nathan tell us a little bit about yourself. My name is Nathan Sasser[sp?] I'm from Alamance County. I've learned a lot about how the government works and to see how everything is done, and I'm represented by Stephen M Ross. OK. And I've called him to go to my Eagle Ceremony. Right. That's how he recommended me. Congratulations on your Eagle Ceremony.   Thank you. And thank you for being with us, appreciate the help. Our Sergeant-at-Arms today Barry Moore is here hard at work. BH Powell and David Linthicum, thank you so much for your continued assistance. OK we're giving out all the information here, and once everybody has that in hand we'll start talking about some rules of operation BLANK] we have two more of our chairs who will be here shortly I'm sure, we didn't give him a day off, did we? Here anybody have the information in hands? Okay I'm going to hold the comments from the chair till he gets here well I do and move forward is for if we can have Christine Legend to come up and give you a little explanation of how we got to where are in the budget process, some of your new to this and knows we want to be sure and understand exactly how we are operating Good morning Morning, Thank you Mr. Chair, the chairs also we talk a little bit of first about what a base budget is and how or what happens to get to the documents you are now having a table, if you remember from our sub committee education process we talked about base budges that is the base level of operation and there you start with, that basically your starting number for building your budget this year, and based upon the authorize budget from last year for taking out nay none recurrent items that you had in the previous year and making some minor adjustments for things like recontractive lists payments that kind of things, so for 15 16th, the base budget for JPS was $2.4 billions and what we have, the house budget that used here is $2.5 billion, and so we will go through the money reform item by item to see how, why those increase were and what reduction exist in your budget, and there is two package, the first one is the money is the one with black [xx] expect this and so we can assure with that, the second item is the special professions these are added the to the budget bill itself and in general to interract how funds should be spent and have other policy related the session and now with this struggle about the budget. Any question about the budget process? okay, just a moment the we have to continue and I only that [xx] it's a

lot of real append us. just move forward we do have tremendous amount of input in the budget from people in the field who are actually doing the work and you would say with results of the very insisting surpranus[sp?] I think it's we go long, so we are ready to move forward and we will talk about the money before yeah let me do that. As we go through the explanations if you have questions unless it is a rely long technical that requires a research peer questions lets go ahead and get those questions as move along so that you don't forget about them later on so that when you raise your hand I will call on you and you will get to the question as we moving through the manual report thank you Mr chair I am going to start with the for safety budget on page i1 moving to that the first item on the public safey budget is the operating cost for the summer come training acedamy and more coming do you see this provides 25 position in the first 29th and the 2nd for that training academy to get going. Item number two provides non recurring funds to put appropriate use of force training simulator at the Semaken Training Academy for use by probation and probe officers and other local law enforcement agencies. Item number three provides $2.9 million to fund the firing range at the Semaken Training Academy these funds are being transferred from the cash balance in the state wide matermino permit fund. We are to explain if you are not familiar with the Semaken Training Academy [xx] This Semaken Training Academy was an item that you put into the capital budget two years ago? I believe it was two years ago. It's located in Moore County, it used to be and the summer camp hamper wayward girls. Long ago they actually talked about it if anybody is interested we have it upstairs and then it was a youth development centre was closed down several years ago by the general assembly and it has a lot of older buildings on it many of which are dilapidated and falling down, they pretty much have the trifecta of environmental hazards there. So two years ago you put money in the budget to renovate that property for use as a training facility for adult correction and juvenile justice. There is a significant need for more facilities to train correction officers, and so the idea was to put that down in Moore County, it's in the central part of the State, correction officers can travel there stay overnight. In the plans for the property are additional dorms for people to stay in, there are no dorms available now, my understanding is that dorms will be available or opening October 1st 2016. In addition there is going to be a firing range, there is quite a bit of property down there so it can be used for other training needs outside of adult correction and juvenile justice because that is the primary focus at this time. Any questions? Thank you. Item number four is an item that is a modification Of something that was in the Governor's budget, its operating budget reductions in the division of administration. Item number five on page two, is eliminating four vacant positions. These positions have been vacant for more than one year. Item number six is also a governors reduction it's a small reduction of Governor's current commission to realign their budget, they have some state funds in their domestic grant that no longer exists. Item number seven provides $1 million non-recurring in both years to the Governor's current Commission to do grants to local law enforcement agencies or state law agencies to higher and for salaries, training and equipment for internet crimes against children task force and priority is to be given who've been trained, who've received special training from the Human Exploitation Rescue Operative Project. Item number 8 provides appropriate use of force training funds to the State Highway Patrol. $150, 000 recurring and 109, 656 non-recurring, the non-recurring funds are for the simulator. And you saw this before in summer can[sp?] you will also see this item in Department of Justice. The chairs put a great emphasis

on training for appropriate use of force, they feel that that's the best, the most appropriate way to address issues law enforcement officers having problems with citizens. Item number 9 provides $7.1 million for highway patrol vehicles, this will fully fund the highway patrol enforcement and support fleet vehicles replacement schedule and enforcement fleet vehicles will be replaced at got a 100, 000 miles. Item number 10 provides funds to to put cameras in all of the highway patrol cars right now there is about about 40% of the law enforcement fleet this will bank him as theenforcemment fleet, and there is a recurring appropriation because the cameras will need to be placed every five years, they also say they want a five year warranty this will put them in a five years placement schedule. In my understanding or our understanding from how I patrolled that with respect to cameras we have heard so much about body cameras and so forth but the patrol prefers to have cameras in the cars because of the way they operate, most of their operations are done and most of the vehicles stopped and everything is in front of them so that's where we are going with the vehicles cameras rather than cameras will be patrolling. Item number 11 is another item in the governance budget, this is in additional consolidation related to the transfer of the FBR to DPS last year you require the LE to consolidate their regional offices, there are in additional efficiencies that can be gained from not this year, it eliminate three vacant office systems to this one Item number 12 is the elimination of one vacant FBI turn three, this position was an embodiment rate transfer even the FBI in the transfer but has been begging for than 15 months, so this just eliminates that position. Item 13 actually establishes a recurring budget to replace 75 vehicles per year for ALE and the SBI they currently do not have replacement funds in their budget for cars and so this is establishing that for them. Item number 14 is a Governor's Reduction to majesty management. It is shifting some general fund supported items to receipt support. Item number 15 is a National Guard Operating Efficiencies, this also was a governor's reduction. Item Number 16 provides operating expenses for the National Guard Joint Forces Headquarters these funds were previously provided by the federal government last year Feds dropped the amount they were providing down to 55% requiring a 45% State match, this covers that State match. match. Mr. Chair, that's all I have for administration law enforcement. If anyone has questions Representative Graham, George Graham. Thank you Sir, I have one question. [xx] disaster How will the impact of the reduction [xx] is there anyone here from National Guard, our emergency management that could speak to that? Sir, there's a national guardsman outside.  We might ask him to come in.  This is a little awkward we've got to leave people in the hall but the firefighters come first, so we have to do what they say it is, you don't have a copy of the budget yet?  No Sir.  okay, on page.  I'll share mine.  OK excuse me. There's an [xx] operating with it. There are two items related to the National Guard here, item number 15 is the National Guard operating efficiency, it's the same as what was in the governor's budget, and item number 16 is providing operating for the Joint Forces Headquarters Building. Representative Gram has asked how that operating reduction will impact your ability to respond to emergencies. Yes madam. Major [xx] from the National Guard, I've talked to Mr Tom Bollen[sp?] and it has little impact on our operations there. Thank you.   Other questions? Thank you Sir. OK. We can proceed with next. Thank you Mr. Chair, item 17 begin the adult corrections on justice prisons section, the first item is will provide for installation of electronic intrusion systems at the four remaining medium custody prisons, and Frankline [xx] southern and hernest[sp?],

that would make all the medium and closed custody prisons have electronic intrusion systems that have the raving[sp?] patrols except for central prison and almost prison here in Rally. Item 18 is a 5% reduction to the aimed education budget, items Representative McNeil. I'm sorry going back on 17 it is, am I correct eliminating 56 positions about the use. Representative Faircrof representative MagNeil late last night sorry representative MgNeil this would get lid of the tower position into the 14 positions at each facility. It's not, it's 56 in votes, it's 56 addition period this years fives years because That's how the budget is written but it's not 112. It's a total of 56 positions will be eliminated. Yes sir I think in 1991 you were tied together early 1900's is providing 66 additional positions of essential presents milk help the society to fully operate to persuade this open up substitute additional [xx] provides the tutorial compulsory of 216 minutes help to get tutorial. I think Tony would establish the cost to burn him eight the heavier of treatment units at eight cost custody pressing across the state this position was being established in January this year so would see the partial proffession then we get to them relate to this items,  34 units established each year, I think 21 is the which one record could help up this system we talk about it a little bit during the emirate medical presentation this provide some recording funds the growing funds to fund this ongoing operation to provide data as well as dental fees and in alarm twenty two is transforming state while Mr. Muni[sp] can find the funds to general funds this has been a special fund and also here is a special profession to emulate the irony. Question? next [blank} Okay, continuing on HI4 about corruption and during process on committee corruption, I think twenty three has at one time non agreeing with action to the the treatment for effective committee [xx] program this reflects law on how participation in this program in some counties, I think twenty four provides funds should have brought access for community treatment program. These funds were in the previous biannual budget as well for high [xx] offenders who need substances to be services. Item 25 increases funding for electronic monitoring, the use of electronic monitoring has gone up under the justice more than doubled and this provides funds for additional equipment. Turn in to page I5, item 26 this is an information item there is a special provision that goes along with this, and it adjusts receipts to reflects funds previously paid to the Department of Administration for pacement vehicles for probation parole officers, and the special provision that follows this transfers the responsibility of probation and parole vehicles from the Department of Administration to the Department of Public Safety. Yes sir Representative Graham. Thank you Mr Chair I have a question about item [xx] tax reduction? Yes sir. Inspector of community supervision, what happens to that component. so there's still $10.9 million left in this program and what has happened as this program was Recreated or created under justice reinvestment. The department wants the providers to meet specific criteria and they've had problems finding providers in each county that can meet that criteria and who are able to find enough people to serve in those communities, so this reduction reflects that there has been a lower level of participation in the programme than what's anticipated. It's non-recurring because we expect that as they find more providers and more people are served. They will be able to extend those funds.  All opposed what counties are these? That would be a state wide program so it would be up to the department how that's managed. Christine.

Thank you Mr. Chair, turning to the department of justice budget, page six I'm 27. This provides six crime lab technicians in the state crime lab to handle non scientific duties, this one efficiency of the crime lab by freeing up some of the forensic scientists to do more scientific tasks. Item 28 it follow is special provision that we will talk about shortly that provides additional funds to expand DNA on arrest to all violent felonies and we have a special provision that list which felonies stays are, but this provides four positions in the first share front and additional half position in the second year to handle the increased processing that would be required for these sample. Item number 29 provides funds to the training academy for appropriate use of war straining, and this will allow the justice academy to develop curricular and provide appropriate use of force training to local law enforcement agencies and they also have funding in here for two simulators one at the Anivo Campus and one in Sallingberg. Item number 30 provides additional funding to the training academy for three training academy instructors. Their stuff had been reduced over the course of several years of management flexibility reductions in the Department of Justice. This restores three of there's possession. Mr. Charles turning to the office of Indigent Defense Services of page I 8 item 31 provides 3.4 million recurring, in additional private upon the council fund, this will help both through the pack find. Item number 32 provides 1.6 million non-recurring to provide funds for a system of automated kiosks and local confinement facilities to allow attorneys to consult with their clients remotely. Let me break in there. I don't know how many of you are familiar with the Juries link I know its been talked about quite about while we've been together here and is their anyone in the audience representing Juries link? I don't think so, but what this will do is will allow those attorney is who how many times I've had to travel back and fort so much to represent indigence [xx] they will be allowed to do this via the technology they can sit in their office, or they can pick it up in a computer somewhere and interview their clients who are at the jails rather than having to go to the jails. We think it will be a great money saver over time, but it is something new in the system and we looking forward to its success. Charles Thank you Mr. Chair, there's a special provision about that too that we'll get to in a little bit. Go ahead and give it. Turn into page I9 this is the budget for the Administrative Office of the Courts, item 33 provides 300, 000 recurring in the first year, 640, 000 in the second year, and 11.7 million non-recurring in the first year and 7 million in the second year for court information technology. This will help move the court towards their vision of having a shackless ecourt system. item number 34, 35, and 36 are modified version of language also in the governors budget this provides almost six million in the first year, and about ten million, I think exactly ten million in the second recurring for various operating budget needs of the administrative officers of the courts. First item, item 34 is specifically for interpreters, experts, witness and juries, and 35 is for legal services and contracts related to that, and item 36 is for other issues and operating budgets and costs. Item 37 provides staff and facilities for the two new business court judges that were requested in the 2014 budget so there'll be two new business court judges let's put some money for, so they'll each have a staff of three in facilities questions? Representative McNeil yeah, almost not less than 37 I understand what the recurring money is this is for the second position, the almost denomine[sp?] of 38 is normally thank you Mr Chair, the non-recurring

is for they are going to have to retrofit some currently classrooms into the business court room, the business court is located at law school around the state, so to actually create new business for judges they need currently they need a new place to house them so the different Wall Schools around the state are going to need money to change even the building centre they will need to provide office space because this [xx] judge has an executive assistant, tow judicial assistants is there a plan in place that lists exactly which what is going to be renovated or is this just a guess? There's is a plan in place sir. I believe that some of the details are still being negotiated and there's a plan that is moving forward and this is falling along with the plan that was requested from the courts and some discussions with the school. We're not telling them what to do, we're accommodating their request I want to make sure there was a plan in place, Yes Sir there is a plan Mr. Chair if no one has any more questions on the money, I'm sorry, I always forget about the special fund pages. If you'll turn to page 10, about two or three years ago in previous budgets you didn't actually budget, you didn't see the budgets for the special funds. They were included in the base budget, but because they're not General Fund money you didn't really pay that much attention to them. So three or four years ago, you all started including, making adjustments to those special funds and showing that in your budget. So what you see here, there's two adjustments to special funds in the JPS budget, the first on page I 10, is to the Public Safety as a special grant. Special Fund, this is a really big special fund that has many, many things in it, but this particular item is related to the statewide Misdemeanour Confinement[sp?] Fund. There is this cash balance in that fund, this is taking $2.9million of that cash balance and transferring it to the Department of Public Safety for the firing range at the San Merchant Training Academy, and that's a non-recurring transfer. If you turn to page aged I 12, you may recall last year the budgets for the ABC Commission was transferred to the Department of Public Safety, it had previously been housed in the Department of Commerce. You also may recall last year there was a lot of talk about underage initiative to reduce underage drinking. The ABC Commission increased their Bellman[sp?] surcharges in order to pay for that initiative, but unfortunately the funds, the receipts from that Bellman[sp?] surcharge had not been appropriated. So this item appropriates the additional funds that they've received from the Bellman[sp?] surcharge, and then allows them to spend those funds for the initiative to reduce underage drinking. Mr. Chair, that is all we have in the Money Report.   OK, if no further questions on the Money Report we'll move forward to Special Provisions. So, the Special Provisions are the big thick one that looks like this I must turn on page one. One thing as we go through the special provision John [xx] used the term baler quite a bit baller plate[sp?] means is a provision that is included in the budget every year and it hasn't changed from the previous year it's just standard language that we include and on page one is a fine example of the baller play[sp?] provision, this is the grant reporting and marching fund allows DPS to use up to $1.2 million of their funds to match as the state match for federal grants that come in, it also requires the department to report to you all about their funds at the end of the year. Page two is a modification to the victims compensation report, currently that report is at the general assembly this modified back to the oversight committee. Page three is a baller play[sp?] Provision that allows division of administration to reclassify or eliminate existing  positions within that division as necessary for the efficient operation of the department page four is the provision that move the

summer code training academey from the adult correction and juvenile justice budget into the office of the secretary   Just for a slight break here since we are talking about summer camp here we know have chairman Boeh[sp?] who has everything you want to say will now have a return Page five is the language that transfers the funds from the State [xx] [xx] funds to [xx], to the general funds for the Summer Camp environment. Question Yes Mr. Chairman I was just wondering a quick update how much money that are in for remaining in the and then as we talked about in previous occasions which are also pending that they require some payment by the state if they The size excess when I was wondering out whether there and damages.  Thank you Mr. Chair, I'm looking at John and make sure that I'm saying the right thing about 30 million dollars in the cash balance in the confinement fund. You all have changed how the money is going to get in that funds to the court are no going to get the general is going to make an appropriation, so you're appropriating 22.5 million dollars to the funds to cover any miss that come in in the next physical year. You're going to leave some of those cash balance in case the number of miss is significantly higher than what we have estimated it's going to be. So, this is taking three million dollars out cash amounts, at least 27 million in there as a caution relative if there're issues that arise from the court case, you will have some money available. Okay. Age sex is a ball prevision on the enthesis for them after page seven is changing the [xx] report from [xx] [xx] annual report page eight is making some adjustments to the statutory language regarding gang reporting. Currently that report is required from the Governor's Crime Commission, however the responsibility for [xx] that transferred [xx] to the Highway Patrol couple of years ago when there were some reductions in the Governor's Crime Commission. So this rewrites the statute to give its ability for the report to the Highway Patrol in conjunction with the SPI and the Governor's Crime Commission. Page nine is a [xx] provision about say capital police which allows them to create resist to [xx] and requires them to report to you when they do that page ten is a minor technical change to the expansion report. Last year when you transferred SPI to The Department of Public Safety we missed this in the 25 page provision that had all the [xx] [xx] in it. [xx] this is requiring The Department of Public Safety to do the expansion report section b is making a change to the math report. The statute currently requires our report to go to the Commission on Methamphetamine Abuse but that commission has not been appointed in the last couple of years. So we've added an oversight committee so there will be someone to receive that report. Page 11 is clarifying in the boxing commission fees currently the Boxing Commission can charge $2 per ticket sold for boxing events and mixed martial arts events. This will change that from per ticket to per spectator to get around people who are trying to get around paying the $2 per ticket fee by not selling tickets, page 12 is an adjustment to again FBI L. A office transfer last year when required to consolidate the L. A officers you gave them a date [xx] to do that by the Asheville offices still under construction because the astral is I got kicked out of that space [xx] so this changes and language of stay the Asheville offices will have to be consolidated until the construction is complete page 13 is clarifying the hazardous material fee, last year when you put this fee there was a cap of $5000 this is just clarifying that that cap applies per site. So if you have a company that has hazardous materials in Mecklenburg County and hazardous materials in Terrell County they have to $5 up to $5 for Mecklenburg county and up to $500 for Tyrrell county, there should some confusion about that last year. Page 15 is just amending the National Guard Family Assistant annual report to put a date on it there wasn't any date on it before [xx] if you turn to page 16

this changes the quarter reporting for the jail backlog from a quarter report to an annual report. The good news is there has not been a jail backlog since 2011, 12 so I I was guaranteed happiness four times a year it would not be limited to once a year so thank you very much. Page 17 annual report on a contact facility down in Mecklenburg county page 18 is the provisional add to the use of close facilities this is a modified [xx] this directs the department of health to provide for the provision to closed facilities and then if you look online 12 13 it's a language you all changed last year regarding transferring property to other entities for less the market value and what the procedure for that is page 19 and 20 as a puller plate it quantifies the cost containment medical provision and it also adds juvenile justice to that since juvenile justice is now part of the division with adult correction. Page 21 deals with the misdemeanor confinement final reporting, the Sheriffs Association has been reporting monthly on the status the program, the population, the expenditure cet cetera this is directing that report and then also adds on line seven the daily population delineated by misdemeanor and DTPY population, and then subsection B is what you saw last year, it's just our annual report. page 22 continues allowing the departments in day construction program to be used for other DPS projects as well as day construction projects if possible, but the primary focus is DPS projects. page 23 is a maintenance of prison provision, this directs the department not to expand private maintenance attracts two additional prison facilities, or to continue the existing contracts at three facilities unless authorized by the General Assembly. Page 24 provision you all saw last year, this allows the department to use funds available to develop, manage access system rather technology systems to deter inmates getting cell phones. page 25 this is a sort of a clean up of two different statutes. The first subsection A changes the report important requirements, the state used to outsource some housing contracts for prisoners when there was bed shortage, this would changes the important requirement in the report only when they actually utilize that service, and then subsection B on line 13, that eliminates the statutory language related to the construction of the 1, 000 bed prisons and since all of these projects have been completed this is no longer necessary. Page 26 is the annual report on the safe keepers program, as you will recall from presentations, safe keepers are county inmates that are being housed at the state level mainly for security or extreme medical reasons. Page 27 is a provision tied to that, as you will recall from subcommittee, there are 17 counties that other States 1.7 million dollars dollars and passed do 120 days or longer what this provision does is takes take that debt, by redirecting the state where mestimeno confinement program reimbursement from from [xx] counties to the State. My service community wear over the country has listen to the [xx] Yes sir I will be happy to. And the final picture is to provision the dimension that I mention earlier relate to the prison behaviour help positions. These authorises the department to start the HR process to post advertise and recruit this positions since they wont they wont be established until January 1st, but allows them to get that process started. Thank you. Turning to page 29, this clarifies the report on porol eligeability that the porrol commission to meet every year. Page 31 this is the provision I mentioned that follows the money items and transferring the responsibility for the maintenance up-keeping replacement of all probation and pro vehicles from The Department of Administration to The Department of Public Safety. Page 33 allows The Department to use fees that are generated by the Inner State Compact program to support the operations of the Community Correction section. Page 34 is a Boil [xx] provision in Juvenile Justice that limits the use of community program funds and restrict them from being used to support youth development centre operations. Page 35 is another Boiler

Play provision that allows the section of juvenile justice to use state funds to pull down Federal Grant funds Kristin. Thank you Mr. Chair turning to the Deportment of Justice on page 36 the first provision there is a pull pay provision that prevents the state from hiring sworn officers for forensic scientist positions. Page 37 is a meaning the DNA database reporting climate to change that on a report on an annual faces a calender basis to a fiscal year basis. Page 38 is the special provision I mentioned to you about collecting DNA on all felony arrest this expands the collection of DNA on arrest to so that it now includes all felonys and you can see the lest of the of crimes that have been added to that list. That's all violent felony from I'm sorry sir [xx]. page 40 is a provision that you saw more provisioning the DPS section just allows the department of justice to hire and advertise extra for positions prior to the day that they are established. Mr. Chair Thank you Mr. Chair. Page 41 starts the courts you may shift off to the courts page 41 provides a date certain time for the AOC annual of March, 15th. Page 42, eliminates the redundant business code report, there was a new one created last year let's just skip to the old one, the inferior one. Page 43 codifies the criminal court cost waivers report. page 44 is a boilerplate provision, that is a hard word for me to say, I'm very sorry, from Alabama this vowels just don't go together for me, provides, that the courts may use 1.5 million state match for grants page 45 is another boilerplate provision, dealing with the collection of worthless cheque funds, allows for the department to is funds left over for other purposes, this is not a large amount. Page 46 is another boilerplate provision that allows the judicial department to set, per mile reimbursement rates below the mileage rates set by the IRS. Page 47 addresses the comforts of District Attorney grant funds for toxicology outsourcing. It provides an annual report on the funds as long as the funds still exist. Page 48 provides that legal assistants who work in district attorney offices shall be called District Attorney legal assistance as opposed to the old name which is assistant for administrative and victim and witness services which is very long. Page 49 creates a report where a District Attorney shall report on a case that is dismissed as a result of a direct result of the delay in the analysis from the state crime lab Page 50 part A1 removes the mandatory minimum, the statutory minimums for assistant district attorney and offices as the state has moved towards workload formula for this purpose and A2 cleans up the language dealing with the report related to that President Camton[sp?] Mr. Chairman, so my reading this is it would be purely up in AOC's discretion as to how many dispute assistant district attorney's have signed district based on the Yes sir, the reporting requirements in 82 direct AOC to well it previously directed as to at the beginning of a legislation session to bring a request as to how they're going to use resources above these mandatory minimums. There are most of the districts below are, most of the districts are above these mainstream minimums, but they have workload formulas that assess needs that's much higher than that so, since the state has moved towards a workload formula method, a more objective method of determining need in the districts around the state this would

direct AFC to come in and report, and when they report on their workload, need to report on the resources that they need, and the District Attorney offices are related to the workload formula work that was done in 2009 2010 Follow up we've already passed March 15th so we know so do we know what formula assigned positions will work like to our first Thank you I don't think that this gives the AAC the ability to shift resources right now I think that will have to come from mail Representative McNeil do you have a question? this exactly point I understand is that this is going to happen every year. Are you saying that at the beginning of every year they are going to resit and decide how the resources are going to happen and if that's the case is it just changed once a year [xx] Mr. Chair. Anybody from the board system here? Mildred Sturman Yes sir. Thank you Mr. Chairman Mildred Sturman for administrative office of the courts, we have workload formulas that determine how many district attorneys should be in each district it is something that we update each year and we have numbers for each year, so what this does it will just remove the statutory numbers so that we don't have to go back and keep changing the number every time we need a new DA in a certain county. Representative Jackson. We're not allocating any additional attorney slots, so when you say a county needs an additional, what you mean is they're taking it from someone else, is that correct? No I mean, let me explain the situation that we've had for past for few years. We've several cuts, so how we've used the workload formula is rely to determine parity for each district so that we allocate the district attorneys in a fair way. So right now the workload formulas are being used essentially to determine, to make sure that each county has a sufficient number of DA's based on available resources.   Follow up. Follow up. What if a county needed a new district attorney under your workload formula, a county would necessarily lose one in order to shift that position, is that correct? I don't, we're not using it like that right now, we would probably have to ask for additional funding. We have statutory number of district attorneys that are funded, and we allocate it does resources among the Districts. Representative Jackson according to then work load formulas that are currently in place right now, there are, I don't remember the exact number of state funded, 88 and DA roughly in the state produce a shortage of 7088 positions across the state. So, the 7088 positions at some point the Legislators you may want to give more positions AOC, and so when AOC looks at their workload formula numbers, what this does is thus AOC will look at the workload formula need in determining where to put these positions rather than this statutory numbers, cause this numbers may not be based on current practices. Does that make sense? welcome. I am understanding here that some division districts or some counties in that county can be broken down to even more violence filling for growth whereas some other judicial systems may not be growing and the filling may go down, and so this simply says that we'll determine the number of ADAs in those districts based on the workload [xx] down there [xx] Further questions? John? OK, page 52. We all have heard about the move of the Misdemeanor Confinement Fund, this changes court cost to reflect that. This is the $18 that was previously going directly to the Department Of [xx] Correction, it will be included in the General Court of Justice Fee, and the $50 Department[sp?] Equipment Fee will also be used for the support of the General Court of Justice and go into the General Fund. Page 53 B this cements the certificate of relief part A,

changes to it's new circumstances under which I certificate of relief may be granted expands that? Part b creates a $50 fee for a certificate of relieve that will be going to the general fund. Page 24, this a boilerplate provision that addresses family court programmes directs the courts to use them deploy family good program using best practices and report on them every year. Page 55 this provision of ours districts that we want to create a special record when all the different parties necessary to create the special cord agree that it it should exist we are talking about family cord for the districts that don't have that we are talking about drug treatment cord that one is extremely cord that this provides that the authority to provide case codination will be given to the cort the court can assign that authority within someone within his/her office page 56 this appeals the provision from 2013 that limited the per page conversation rates for the court recorders. Page 57, this provides that the Innocents Inquiry Commission will be an independent commission within the administrative office of the courts, and that the ASC will conduct an annual audit of the commission. Page 58, this moves the office of Energy and Defense services under the administrative officer of the courts as an independent commission, and provides that the AOC will conduct an annual audit of the IDS. Page 59, this creates a study commission for IDS and the innocent enquiry commission. Page 60, this changes the date for the IDS annual report coincide with AOC annual report. Page 61, this is another [xx] [xx] commission. Okay, this allows IDS to use 50, 000 from funds available state matter grants, page 62 this addresses the ongoing project to create a criminal case information system for public defenders because the project is ongoing and removes the data and gradual reporting date and annual report thereafter. And then page 63 this the provision that goes along with automated kiosk money idle are going for a study The ornament key has gone forward. Thank you Mr Joel Representative Jackson Mr chairman I would not last on the last special provision even if there will be a study done with recommendations state the way first 2016 does that means that 1.6 million dollars that we are am guarding this issue budget would be spend until up to that day for would be spend the money before we know what studies come by? There will be some power projects and how many counties but wish for the captivation power projects first perform the whole thing is with force. though I think they are chairman doctry comment. There is one already to handle the county and they are [xx] about it, [xx] public defender they can have let's say 30 or 40 more cases because they don't have to go to the jail now so I guess the reading side by the end of everything, so with this part of the committee may I have Representative Jider. Going back to page 52 court count, number four. He raises four calls dollar and 80 cents, and in 95 cents is that correct [xx] and in it it says to provide services energy and send my thoughts before That's existing law. That's existing representative MgNeil that's the [xx] for access to justice at the General Court of Justice fee. What change before the landlord. Representative Turner Thank you Mr. Chair. The kiosk system, does it have video attached to it or is it just thumb? It is video like in

the look at the image and talk back and forth. That makes me feel better.   [xx] Other questions representative Charles. Thank you Mr. Chairman what is on the [xx] What is that I'm not I don't understand what that Where is one of my attorneys in here that can explain this certificate My name is Mahram, I'm the director Pockets of Engine Defense Services, a certificate of relief does not expunge a criminal conviction that allows a judge, to basically remove some of the collateral consequences. So, for example a licensing prohibition or something with a conviction would otherwise prohibit the person from doing. So the conviction remains, that some of the consequences can be removed, and that's why I say a certificate of relief, because you have been relieved of some of the collateral consequences of having a conviction without an expingement This is to help people find employment? Yes. Thank you. All the question. OK let's talk a little bit about process Gilford we are going to be taking a break to give you time to did you ask for what we've talked about here and to do all the things that you need to do and we will be gathering back here we will determine the time just a moment. Representatives Stevens do you have a question. Mr. Chair of course I know already have two amendments prepared I did now you could take them I have a 10 O'clock meeting that I'm supposed to chair and trying taking the amendment What time will you be through with that? I should be true by 10:30 quarter to 11 That won't be a problem Okay I'm going to ask Kristin to come forward and tell you how you should be considering amendment and how we are going to structure that. Thank you Mr. Chair I'm going to talk for a minute about their role you have a single sheet of paper should have been the last thing in your pocket this morning. These other roles for subcommittee  for committee amendments number one the amendments must be offered by formal amendment that just need to have been written and for your staff will be available Bill Dophin staff right here to help you get those amendments item number 2, amendments cannot increase total spending from the proposed sub-committee report, so you are currently spending on the JPS budget $2.5 billion in the first year and 2.5 billion in the second, you can't have an amendment that guides over the head, and takes some of their money and put in JPS Item number three, amendments can only affect appropriation within department agencies, or programs within the jurisdiction of the sub committee and the permanent public safety had measured up to the first [xx] and the prominent justice you can't  do anything to that budget, I'm number four amendments cannot adjust [xx] benefit appropriation for the department's agencies or programs within the committee report. The untimed benefits items are being handled at the full chair level, so they're not  in the sub- committee report of this time. Item number five amendment can't stand reversion or include shall no revert or carry forward language, so you can't for example have an amendment that says department of public safety shall use funds available to buy something, that you have to actually have the money appropriated for that item number six, you can't use non-recurring reductions to fund a recurring items. If you have a recurring item you have to have a recurring reduction to pay for it, amendments cannot change the substance of policy or law. Number nine, amendments can't fund items with management flexibility reductions so you couldn't say to the department of public safety, I'm going to generate $20 million by letting you find $20 million worth of reductions. Item number 10 amendments cannot affect agency or program chance for us to other committees. In the case of justice and public safety that would only apply to the provision [xx] items. Item number 11 amendments cannot include fees or other finance related matters. Mr. Chair The question is about the procedure Okay, what are process would be and we will recess. I should read recess, I used to achieve morals during recess. We are going to be taking a recess untill 10:45 will that be enough time for everybody?

Oh, we do? Can I officially know the time of the session? 11 it's 11. They will again the law enforcement that it's wanted be in there for that. There's going to be some honoring of Law enforcement in there and I don't know if we want to be there for them. Alright, let's do this to give you adequate time, let's say 15 minutes after session we will come back together here and we'll consider amendments further questions you might have and I will also make you aware that 10:00 in the pressure room there will be a press conference with the chief of police association and one of the items they will talking about is one of the items that you have in here with regard to new method of training and what have you so if you're available at 10:00 I invite you to drop by the press room and stand with the police chief's there I will be there any other thoughts before we recess? Commitee stands in recess for 15 minutes off the session Can I have your attention a moment be sure and bring your paperwork the room will be locked if you need to leave anything in here but be sure and bring your paper back with you when you come okay can everybody hear me now. The first amendment has everybody got copy of amendment of AAL 6b through okay he's coming around I'm sorry I thought he'd gotten there you drafted this didn't you I had the thin one this is mine listen first, very first, [xx] all that now may, oh no, they are six vie three we are looking at. Okay proceeding with the transaction. Okay members listen carefully now this to amendment has my name on it top but it's going to be doctorate so its correctly my name at the top and write doctorate hey buddy, get that Amendment in front of gentlemen Dautery[sp] could explain this amendment. Just as the members they had the door on this [xx] concern about this is the time we want to be involved about how to settle [xx] now look, it looks very funny as in cases of what do I own in the what makes government[sp] in sport and so were no adjustments should made to the formula this gives them a voice in You've heard the motion, any questions? If no, all those in favor indicate by saying aye. Aye Those opposed? That amendment passes. Ok, we are giving out the next one AMD11V1 Ok, do all members have a copy of AMD11V1? That's a amendment, and [xx] staff will explain it. This is a technical amendment.

It amends the money item on page 27 which is the Crime Lab Technicians. By taking the word evidence out from in front of those technicians, there was some concern that evidence may [xx] [xx] a bit, there were other these are technicians that they can hire in the Crime lab, and so this just takes that [xx] and leaves it to the technicians to give them a little more flexibility. Any questions about that one? I'd like to move motion for the adoption. Motion for adoption by Representative Boles, all those in favor indicate by saying aye? All those opposed indicate by saying no? The amendment passes. I got you Thank you. Thank you sir. Section we'll have is ALL5V1 Thank you.  You may explain your amendment. Thank you Mr. Chair this amendment reinstates 1.5 million into my report at number 23 on page July 4, do the text alludes thanks to the 1.5 I mean end of that item, will take league money into the community treatment program, we just transferred run on one program to the state program which has a similar mission, and then on the other item if you will take $540, 000 to increase that amount back to the 1.5 million which was reduced this morning end of my report, and I'll go for the adoption. Staff will like to comment on that. Yes staff welcome to comment Sure, the tax reduction, the tax program has determined, told us this morning that this will be a dificult reduction, they have expanded their services to include other program and they would find it difficult to meet the requirements to those program if this car was taken. The broadened access money that part of it's funding is coming from is service similar, proof of people is also for probationers and people under supervision so it has a similar mission and a similar audience. Any further questions? Representative Stevens. What about how badly is this going to impact the electronic monitoring? So the funds for election monitoring were increased funds over what the department already has in the line item and it's the reduction only on the first year of about half a million dollar the second year they still get 2.6 to increase that program.   Any follow up Representative Stevens? No follow up. Further questions? you heard the motion from Representative Graham to adopt the amendment all those in favor indicate by saying aye Aye Those opposed no, No. The amendment carries. Next one you have will be ALL4V2. OK everybody have that AALL4B2? this is my amendment and I'll explain it to you this is identical to the bill which we adopted I think it was unanimously, it sets up the study for the body warming cameras for local and state law enforcement officers. This simply puts the bill language into the budget to follow the money so any questions on that? There's no change in the language at all? A question. I thought the one thing we were doing is car cameras instead of body cameras. No that's for the highway patrol. Oh for the highway patrol. This is a study for the use of body cameras for the entire law enforcement community. No problem. Any other questions? I move adoption of the amendments all those in favor indicate by saying aye. 'Aye. ' All those opposed say no. That's when representative Stevens amendments ALL2B4. Everybody have a copy of that amendment?

Representative Stevens. Thank you this is just a request for information to seek that if we can post the comprehensive and now that the public public safety sent it for 100 positions in their medical facility we need to get those people treated, and there is some conservative estimates that this might save us $37million, so it's the least to request for the information to get some specific information from private sources about helping to provide some of that so thats all we have I believe the original request was for the actual program but when we will handle that but this will allow the the concept to move forward, and the information to be taken in we will make a decision next time around Barbara. Motion on that representative Stevens motion and more questions, all those in favor indicate by saying Aye, Aye  Those oppose no!. No! Amendment the next one is ALL7V1, everybody have that okay this is also Representative Stevens amendment. Thank Mr. Chair, members this is a program I talked to you about that we recognized when we in the cover of confirmation that was sort a [xx] project done for five years. What it creates is six assistant district attorney positions that are in essence cross service between the state and the federal government. They will pick some of the worst of the worst state case, they will come back for gang balance, drug trafficking weapons, and they can get longer sentences that we house in federal prisons. So it would save money to our prison system, it would save even on defense cost take money from RDS because it will save money on defense cost. All the cost of prosecution, all the cost on incustration will go the federal government, it has been very protective program that the governor's property commissioner seeks funding because they're only an incubator to determine if the projects work well. If it works well then we should take off the funding, and I hope representative read about to speak up with me as because he as same presentation audio any question as for bill amendment you heard the motion al those in favor and [xx] say aha all those who oppose no and the amendments and we are through we the members what an easy day may be the appropriate to move the motion I think now is the appropriate time I know that the [xx] from regulation the committee concern about the amendment [xx] [xx] Question for Representative Stevens. I just want to make one comment. I want to really commend all of our staff and all of our chairs. This is the easiest budget I've ever seen since I've been here in my seven years, people seem to be well satisfied, it sounds like you've taken everything possible into consideration and I want to commend you greatly. Thank you very much, Okay you've heard the motion, any questions? If not all those in favor indicate by aye. Aye. Those opposed say no we're adjourned.