A searchable audio archive from the 2013-2016 legislative sessions of the North Carolina General Assembly.

searching for

Reliance on Information Posted The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Please see our Terms of Use for more information.

Senate | June 15, 2015 | Committee Room | Appropriations: Justice and Public Safety

Full MP3 Audio File

Lets call a meeting of justice and public safety sub-committee preparations to order, sure we will pause for just a moment while things being passed out [xx] Welcome everybody, I hope everyone is cool enough in here So far so good. Yes, I'm looking at that one which is still open and wondering can I decide a little while Thank you and the officer. Is everything all warm day? Yes, William we have been [xx]. We really don't have a [xx] we already said it, oh here, do I need [xx] Okay, is everything in the past out there Christine? just right, everything ready again. That's right. Okay, welcome everybody back to the just in proper state subcommittee, my stands and all today are Canon and he famous Eilen go keep it straight, thank you very much. Chairs are going through a lot of hard word with their targets that we've been giving trying to propriety just make funds where they needed to go, I appreciated everybody's hard work especially their physical staffs and I appreciate working with him always, he keeps us on track. At this time I'd like to see if my coach here, Randemon has any comments, any comments at all? Thank you. So with that, we will proceed, we will begin I think with the committee report first and things you want to lead us all? Alright. This time I recognize, Christine Leget, staff to begin the presentation. Thank you Mr. Chair. Good afternoon. I'm going to start with the committee report. I want the public safety budgeted first, item number one is the 2% increase, which provides funds for the statutory, for the highway patrol. Item number two is an adjustment for correctional officer custody level pay, the same as was in the house budget. Item three and four are related to salary increases for teachers, the salary increases for teachers usually and the education section of the budget this year they are budgeting the DPS teacher salary increases in the DPS budget. Item number five, you'll see this item in all four of the agency budgets, this was a senate initiative to appropriately refund workers compensation in each of the department, for public safety that required $17.9 million to bring their full funding of workers compensation to 35 million. On page I2, item number six provides funds for [xx] operating. [xx] is a new training academy that's being renovated in Moore County this provide fund for operating for when it opens next year. Item number seven provides funds for Summer Camp Training Academy for use of Force Training Simulator, item number eight, is a

governor's recommended item that is operating budget reduction to verified [xx] division of administration. Item number nine is a reduction of the Governor's Crime Commission. Item number 10, provides the highway patrol with nadditional fund for use of force training, funding is provided non recurring to the simulator and in recurring that this month can be for position or to contact with trainers to come in. Item number 11, partially fund for how we patrol enforcement and supportly it increases that budget by 60%. Item number 12 is the governor's house recommendation that provides funds for FBI vehicles including the alley. Item number 13 is tran trans from funds that were left over from the 2007 safers replacement that are standing in our pride in the governor's office, transfers that plant on DPS to be used for our newspapers replacement beginning next year. Item number 14 provides $120, 000 to the FBI non recurring for operation message drop which is the program that collects unused or expired prescription drug. Item number 15 is the governor and house recommended reduction chambers in the management this is actually shifting from stuff to receipt report. Item number 16 is National Guard Operating Efficiencies, item that would appear on the governor in house budget item number 17 is providing funds to the National Guard for Joint Force of Headquarters operating expenses, these were previously cost shared or fully covered by the federal government now it will be a cost share between federal and state funds. Mr. [xx] I thought I have for law enforcement division of the admin John is ready to do a [xx] unless someone has questions. Do we have any questions before we begin adult[sp?] corrections? OK, seeing any? Good, thank you. John? The adult correction section begins on item 18, this is the [xx] Electronic Intrusion System at Harnett this was a Governor's item and a modification of the house and as you'll see in the snappy language it also provides some non-recurring funding to provide some equipment as part of the conversion. Item 19 is a reduction to the [xx] education budgets. Item 20 is a continuation review. Item to review the Inmate Road Squads and Litter Crew Program. Item 21 is a Governor's and House item to provide some of the additional staffing to fully operate all the mental health beds at Central Prison Medical Mental Health Facility. Item 22, is a modification of a Governor's and a House item. It will provide an additional 29 positions to operate a Behaviour Treatment Unit down at Maury Correctional down in Green County, as well provide some diagnostic center positions. Item 23 is an item in the second year, it provides some funding for vendor fees and data access for the department's Electronic Health Records System, and then Item 24 is something that was in the House budget also. It transfers Statewide Misdemeanant Confinement Fund to the General Fund, and that will be a provision that William will discuss a little bit later with you about that. Any questions? Senator[sp?] Bishop? No, I'm good. OK. Thank you. Alright, and this time then we'll turn it over to Lisa. Thank you. Going to Item 25, Funds for Electronic this is also in the Governor's and the House budget. This increases funding for electronic monitoring equipment as there are more commissioners under supervision each year. Starting page I5, Item 26, this allows the department to continue to use funds that were allocated in the last biennium for substance service for high risk, high need offenders, who are under supervision. And item 27 this provided 2 million a year recurring for residential beds for adjudicated juveniles and for a level two full contracted and state based services for this juveniles. Thank you Mr Chairman. Let's turn to the department of Justice Budget now on page I-6 item number 28 is the same as it was in the governor and house budget, provides six new technician position to the crime lad to handle none scientific duties item number 29 is providing 750, 000 none recurring in the first year for outsourcing funds for forensic analysis. Item 30 is the same use of force training that you saw on the highway patrol and training academy. This provides funds for two

simulators, one at Dunbur and one at and one at Edenville. It also provides funds for additional positions for use of force training. Item number 31 is providing one additional position to the training academy for sexual assault investigator training. And item number 32 is the worker compensation adjustment reserve for the department of justice. Mr. Chair that's all in the department of justice William can come. Thank you any questions? Being none, William it's your set. Thank you Mr Chair, on page I-8, item 33 this is a modified version of a money item this is providing $4.4 million for the private upon the council fund. Item 34 is reduction to the capital offenders office to 750, 000 recurring. Item 35 is the adjustment for the workers compensation. Turning to page i10 this is AOC, item 36-37 on salary adjustments the steps for the court of magistrate. Item 38 is the house money item running 1.6 million for interpreter expert witnesses and juries. Item 39 funds with operating budget together this are it is a modified version of the assembly house provision and together this are both modified versions of the governors item. Item 40 provides 567 for electronic compliance, IT initiative at AOC. Item 41 is the elimination of three special superior court judges the end of term the end of occupant and 42 is modified version of the health provision providing staff and facilities for tiny business court judges. And 43 house provision providing funding for the special assisting United State attorney or celsius and them item 44 is the worker compensation adjustments and turn special fund. Thank you William, any questions? Back to Lisa. Not just need to stay up here line. I need to step. Thank you Mr. Chair. Page I12 this specify funds make the non-recurring for the motor state this is in program this is in subject to continuation review. Turning to page I14 this allows the department and it provides funds from the inner state contact program to support training purchase safe equipment and electronic monitoring equipment for the section of committee correction. We have one more so far now the ABC commission last year they increased their bill meant per charge fees to pay for the under age drinking initiative, however these funds were never budgeted. So this is budgeting the $3.1 million in additional bill meant per charge fees for the under age drinking initiative at the ABc commission. Mr. Chair that concludes our committee report we can now turn out on the provisions if no one has question. We see if any questions from [xx], we'd begin with training environment Senator Patc. For giving a question about anything? Not yet. Well in light of that, are there any questions from any of the public [xx]? Do it today. OK. Thank you very much, Christine?   Thank you Mr. Chair. The provision are in this packet, and I'll begin at the bottom of page 332, starting on line 48 you'll see the first provision in the Department of Public Safety section is a ball of play modified provision in grant reporting in matching fund. The modification is that state, the PPS is only allowed to use funds to match federal grants in the first fiscal year. 16A. 2 on line 17 is a technical change to the Victims Compensation Report, 16A. 3 down on line 47 is the ball of play provision that allows the Division of Administration to eliminate or reclassify a position as need. 16A. 4 is the House provision that moves the Summer Camp Training Academy from the Division of Adult Correction to the Office of The Secretary. 16A. 5 is a change to the public record laws regarding sensitive public security information for prisons and for executive protection.

16A. 6 requires the department of public safety to reverse $17.9 million from the last salary by the end fiscal year 15/16. 16B. 1 on page 335 is a borrow pay provision[sp?] regarding seized assets. 16B. 2 on line 24 is changing the viper report from a quarterly report to an annual report, 16B. 3 is house provision that realigns the statute on gain that reports with current practice so highway patrols in conjunction with the FBI in the governor's camp commission, we'll be giving that report in developing recommendation. 16B. 4 is borrow pay provison[sp?] that allows take a police to contract with state agency to create receive to party positions and may requires them to report to CISCO recharge within 30 days when they dave. 16B. 5 our technical changes to the expansional report that should have been in the department of private safety when the FBI was mute, the department of private safety has added in andthen in a subsection B, it sends it's a matter of forth to JPS every side as well because the mass empendedmean commission has not been appointed the past couple of years. 16B. 6 on line 38 is changing the boxing commission fee from $2 per ticket pole to $2 per spectator, that expected generally departing $4, 000.16B. 7 is house in governor's house provision act allows allien FBi to put off combining those resort office in ash bill until the ash [xx] completed. 16B. 8 is clarifying the house recent material, B to state that the $5, 000 cup is poor reporting site not full reporting entity. 16B. 9 on page 338 verse 26, is adding a date to the National Guard Family Assistant Center annual report and Mr. Chair that's all for law enforcement and [xx] Thank you [xx] questions? Alright. Chair will recognize Johns moving that long. Thank you. All corrections begins from a [xx] of page 338 with 16C1 this is the jail backyard report changes, and this changes from recorded[sp?] report to annual report 16C. 2 as a annual report on a female[sp?] contract [xx] [xx] 16C. 3 the use of closed facilities, it directs that the department of house to dispose off closed facilities. 16C 4 clarifies the annual inmate medical hospital[sp?] report and also juvenile reporting to the same statute 16 C. 6, is a monthly and annual report on the Statewide Misdemeanant Confinement Program. 16 C. 7, directs the department to continue allowing the Inmate Construction Program to be used by other entities within DPS as well as state agencies. 16 C. 8, prevents the department from expanding or continuing private maintenance contracts without authorization from the General Assembly. 16 C. 10 Subsection A, it changes the reporting requirement on contract housing for prisoners to an annual report, and then Subsection B on line 32, it repeals a provision related to construction of the 1000-bed prisons, all those prisons have been completed. 16 C. 11, is the annual report on safe keepers. 16 C. 12 at the top of 342 it recruits the safety per debt from current to link 120 days or longer by redirecting authenting confinement program reimbursements from the Deliquet county to the state. 16C. 13 allows the public to start the heven resources process the highest presence milk health and behavior retrieving positions provided to be effective date and the value. 16C. 13 except correction and any crisis under private laboratory and inspection process only for vocation and many functional equipment? Thank Joach, Any question? No alright.   Page 342 the bottom pro alterability report and annual report,

page 343 section 16C. 16 this follows the special funds page that you all saw in the committee report and allows the inner state to use benefit compact fee to support certain functions of the committee correction section. Next juvenile justice 16B. 1 this limit use of committee program funds, this is the bowl state provision. Section 16B. 2 state funds may be uses federal matching funds similarly to Christine's provision earlier this limits this to the first year of the first look of the biennium. And Mr. Chair that's all I have. Christine will come Thanks Mr. Chair I will start with the Department of Justice page 344. The first provision there is 17.1 is a bowl state provision that restricts the hiring of sworn staff for the state on lab. Section 17. to you is amending the DNA Database Report to make it a fiscal year report rather than a calendar year report. on page 345, section 17.3, direct [xx] oversight to study collection of DNA for all felony arrests. Section 17.4 is allowed for The Department of Justice to start the Human resources process early for positions prior to their effective date. Section 17.6 prevents private prevents local law enforcement agencies from accessing or creating any DNA database other than those who participate in the cordial system, and also requires that private laboratories comply with [xx] requirements. Mr. Chair that's all I have for adjustments, William is up next thank you Mr. Chair, the bottom of page 345 going on 346 section 18A. 1 provides a date certain time for the ALC annual report section 188.3 codifies the Criminal Court Cost Waiver Report and directs AOC to modify information systems to maintain those records. Section 18.84 is a modified Boiler Plate Report, which as this other I'm sorry Boiler Plate provision as with other provisions like this limits the use of this money to the first year of the biennium, section 18.5 is another modified [xx] fee provision that allows AOC to use the remaining balance in the worthless[sp?] check fund and again eliminates somerset[sp?] to the first year of the budget section 18.6 vows agencies within the judicial department to set a the reimbursement rate for transportation federal rate. Section 18, 8.7 that was the conference of district attorneys who are accessing this funds settled by the conference of district attorneys to use this fund for expense, usage of this funds. Section 18 A. 8 modifys the legal name for legal assistance in district attorneys offices, from Assistants for Administrative and Victim and Witness Services to District Attorneys Legal Assistance section 188.9 directs a district attorney to report to the conference of district attorneys when a criminal case is dismissed as a result of the delay in the analysis of evidence by the state crime lab and in the conference of district attorneys will report back to the assembly section 188.10, subsection 81 of that is a technical change that brings the statutes in line with the current practice regarding workload formulas section 18A, 10c at the bottom of 349, this provision directs AOC to realign vacant the Assistant District Attorney Position following the workload formula and then section 18A. D at the top of 350, that say to revisit the work load formula for 8 A is 80-A is in conjunction with the national senate for state courts and the conference of district attorneys. Section 80A. 11 it follows the with a mistomino confinements funds this moves the money from a separate stream into the general part of it is going into the general court of justice fee where it's then re appropriated and part of it is just going into the general fund as a separate stream for proper equipment. Section 88.13 of the bottom of 350 directs AOC to use

best practices to a family core prevents and report annually. Section 18A. 14 allows the Clerk of court to designate a member of staff as a coordinator when that district agrees that they would like to establish a special record. Section 18A. 16 directs AOC to conduct an audit at the innocent enquiry commission section 18A. 17 transfer the office of the antigen pen services to the administrative office of the court as amended upon the commission and also directs AOC to conduct audit of the budget of the IDS. Section 188.18 directs APS oversights to study the future of the IDS Commission and the [xx] Inquiry Commission. Section 88.19 follows the money abolishing three Special Superior Courts judgeships. Next page 188.20 set the compensation [xx] to four page confrontation of rate of the last biennium. Section 88.21, directs AOC to come up with a strategic plan for its e-court initiative and to report on the implementation of that plan. Section 18 A. 22 follows senate bill 519 which is already passed the senate and amending child custody laws. Turning page 355 section 18B point one moves back the annual reporting date for the office of Agent Defense Services. 18B point two follows other similar provisions in allowing IDS to match with federal dollars in the up coming biennium section 18 18B. 3 changes the reporting dates to follow the criminal case information system to follow current deadline as current expected deadlines section. 18B. 4 directs AOC in conjunction with IDS on the chair of association to study using automated key queuers for public attorneys, and jails, and court houses around the state, and report back to the general assembly. section 18 B. 5 direct JPS oversight to study the use of fees{sp?] schedules at the office of indigent defense services okay [xx] hope so are there any questions? Alright, [xx] you want to go over the rules for amendment  as has been passed out Thank you Mr. Chair we have a receipt, the rules for full preparations tomorrow, I'll just run through these really quickly there's nothing new in here. Rule number one, money can only be transferred among items within the same sub committee section. Amendments where money is being transferred among item, that's clear we identify the item and program that are being increased or decreased, non recurring reductions cannot be made to fund recurring addition amendment that send reversions are not allowed, amendment that increased or create new management flexibility reserves are not allowed, amendment that increase spending in the sub committee budget are not allowed. Amendment elaborate funding for an item coming from state wise reserved, an amendment for the just funds from pension increase reserves and other reserves related to [xx] and benefits are not allowed. Amendment for trust fund for workers compensation are not allowed and amendment for the just fund related to vacancy positions on our labs, amendment will address the finance portion the [xx] and finally amendment must be in writing with the original sign, a hundred copies available copies available for distribution and they have to be logged in to the committee clerk in 643 10 O'clock tomorrow morning. Mr. Chair that's all I have. Thank you Christine are there any other questions from the committee members any other problem discussion that we need to have, not seeing any then we're here by adjourned, thank you for coming.