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House | May 4, 2016 | Committee Room | Justice and Public Safety

Full MP3 Audio File

[BLANK_AUDIO] Good morning everyone. Hear we go. Have a vote with a Democrat present but I still wanna show it up now. We're waiting on you. >> I'm ready. >> Okay. Then we'll go ahead and proceed. >> What about me? >> Oh, follow the law. Good morning everyone. Welcome to the House appropriation of Justice and public safety. Today is the fourth of May 2016 we're in room 415 for those that are out there listening. This morning in light to house keeping our house Sargent of Arms. Or they looked at them, also known as Mr Smith, Bill Riley, which is also new I think this year, thank you for joining us, and Barry Moore. This morning we also have our house pagers, Kendall Moore Kendall. You wanna come up to the mic please? Yeah really. >> [LAUGH>> Yeah. If you just like to bbb Introduce yourself, where you live and what high school, what grade and what's your interest. >> iii >> If you'll put that mic down and talk into it please. Cuz we're on the internet. bbb >> Okay, I'm Kendall Moore and I'm in From Cumberland county. And I play basketball, and I go to Northbrook Temple Academy. >> Great, and woah, woah. Who is the most important man in this building to you? >> My grandpa. >> That's right And his name is. >> Marvin Lucas. >> Representative Marvin Lucas, thank you for being here this morning. Do you have your driving licence yet? >> No. >> Okay great, I'm gonna introduce you to the highway patrol cardinal and as long as these are not your rear view mirror you're okay Thank you, and James Britt. [BLANK-AUDIO]. >> Morning, I'm James britt, I'm from Wayne county, I go to prince high school and I'm interested in military history. >> Okay great We have some military gentlemen here, representative [INAUDIBLE[ retired from the marine court, so they would be glad to talk to you afterwards. you're represented you're sponsored by representative Jimmy Dickson. >> yes sir. >> Good, thank you for being here this morning. >> Thank you. >> thank you Would also bbb iii And also like to welcome a new member to our JPS. If you like to introduce yourself and where you're from? >> Sure. I am I'm Chris[UKNOWN] from district 58, which is in Greensborough and a bit of southern Guilford county outside of Greensborough. And I'm filling the unexpired remainder of Rep Ralph Johnson's term so I'll be with you all through January and I'm excited to be here. >> Well, great. Welcome. And you're profession? >> I'm The executive director of quality North Carolina. >> Okay great, thank you. And we'll go round and introduce everyone and where they retired from and- >> [LAUGH] >> Our retired police chief. >> [LAUGH] >> And also this are the chairs up here and If you like it, the chairs have an opening remark before we get going and then we will introduced the rest of them. >> Thank you Mr. Chairman, it's good to be back together we've got a lot of work to do this time around [INAUDIBLE] Hopefully [INAUDIBLE] county. [INAUDIBLE] >> [INAUDIBLE] learning everyday and glad to be back and [INAUDIBLE] [BLANK-AUDIO]. [INAUDIBLE] retired right on sheriffs office 19 years in the end

of my career as chief deputy, I'm in My second term and just loved the JPS community and looking forward to the short session like Jamie said I hope it's entirely is short and I hope we can give everybody everything they want.>>[LAUGH ]>>BLANK-AUDIO] [INAUDIBLE] I'm an attorney and been practicing law for more years than I care to admit my age. And am a realist I know we can't get it in but if- >> [LAUGH] >> It's everything they want. And I don't even hear my [INAUDIBLE], well came here with James Good morning I'm Charles Grim, Democrat from Robertson County. >> [LAUGH] >> He's the only reason we didn't start the meeting, he showed up. [LAUGH] >> I'm a retired educator, and I've served. I'm also a business owner in Robertson County.It's a pleasure to serve on this committee [INAUDIBLE] Is one of my favorite committee. It's just a pleasure to be here in side of work with this folks that keep our state safe and protect our citizens and it's an honor to be here this morning. My name is George Grim I'm from district 12, I represent Craven, Greene in the north County, I'm a retired state employee with a human resource manager for some 30 years in the state of North Carolina. Good morning I'm Brad Simon/g of district 51, which is most of Lee County and about less than of Orange County. [INAUDIBLE] in western Orange county I brought [INAUDIBLE] Mike. >> Mike Specioli Craven county, I represent Craven County [INAUDIBLE] county. I'm a retired marine in justice and public safety. That is a legitimate function of government. One of the two legitimate functions that they actually perform and so I wanna make sure we get it right. [SOUND] >> [INAUDIBLE AUDIO] >> Okay good. >> And we will introduce our staff, >> [INAUDIBLE AUDIO] >> And I'm Jamie Bowles/g and I represent Moore County and a funeral director as a profession Thank you. If you have any questions, you feel free, these are your staff for JPS and they are at your disposal anytime you have any questions about what we are doing or a bill and we got the best team around in JPS. >> We might need seat during during this time? >> JC, okay, or you need to sit down here. >> I'll be okay [INAUDIBLE AUDIO] >> Okay, all right. Here is buck. >> [INAUDIBLE] >> Buck would you like. to sit up here. >> No. >> okay all right. >> [LAUGH] >> [INAUDIBLE] >> Vochy/g we got. No that's a- right there that is fine, come on. Can every one hear? Okay. [NOISE] >> Anything else we need. If you all see Cary kicking me and hitting me on the left, I'm getting of script. So we are back on script. Today we have Tracy Little that is going to come and talk about the state of the governor budget on JPS and I see you are just going concentrate on JPS not the whole. Okay, All right, thank you. She is the assistant state budget officer, and what we are going to have for her to do is give a presentation, and I ask that you hold your questions until after the presentations. And then we'll answer what we can. And now we can start. Our chairman is here. [LAUGH] Here we go. [BLANK_AUDIO] >> Does everyone have their booklet that they brought

with them. >> [INAUDIBLE] make copies [INAUDIBLE] [BLANK-AUDIO] [BLANK AUDIO] [INAUDIBLE] Good morning. >> Good Morning. >> Good morning >> Good morning. That's right. >> Thank you sir. >> All right. [LAUGH] >> Good. Does that mean I have to keep talking till I get [INAUDIBLE] [LAUGH] >> Good morning Mr. Chair and members of the committee and as Representative Bald mentioned my name is Tracy Little and I am the assistant state budget officer for justice in public safety and natural and economic resources in the office of state budget, and management. >> I want to thank you for the invitation to present the governors recommended budget for justice and public safety. As you know last week state budget director Andrew of Heat provided and overview of the recommended budget in the joint appropriations committee. Before I begin my formal presentation, I would be extremely [INAUDIBLE] if I did not take a moment and thank all of the physical staff and program staff in the agencies that comprise justice and public safety. For all of their assistance and support as we move through the budget development process which begin in December. So to all of you who are here and all of your colleagues back in the agency who provide information to our office I do want to offer a sincere thank you to all of you. As Ms [UNKNOWN] indicated, there were copies of the governor's recommended budget at your table if you did not bring your bound volume. The page numbers are different between the online version that's printed and the document that is the bound version. So I'm going to begin on page 86 of the bound version which correlates to page 122 of the handout at your seat. So if you just have the stapled copy we are gonna start on page 122. Or page 86 if you are in the bound person. Starts with the judicial branch. Does everybody On that page great. You will see as they top other page or the judicial branch in for all of the agency. There is a chart that goes across the top of the page and it shows the physical year 14, 15 actual expenditure. The 2015, 16 certified budget and the 16 17 certified budget as an active/g by this body. And then going across you see the 2016 budget slide session recommended changes that incorporates the governors recommended amounts. And then we show you the percent change over the fiscal year 15, 16 and 17 certified budgets. I will go through all of the items for each agency. Some of them repeat and agency so I won't spend a lot of time on them and I will bring your attention to two of those as we begin thinking about the judicial branch. The first one relates to the state Agency to the owners for state employees. It is a one time bonus averaging 3% capped out of a $1000 and you will see that it is item number one under the judicial branch and also an item that you will see in every agency is a item number seven, the state retirement contribution right increased. And you will see each one of those items repeated for all of the public and justice and public agencies. [SOUND] Moving to the specific items for the judicial branch. Items two and three are salary, self increases for qualifying assistant and deputy clerks at $3.7 million recurring and item number three. Again this is self increase for qualifying magistrates at $1.2 million. Item number four, is a market based adjustment averaging 5% for assistant district attorneys just under $2.5 million Item number five provides a transfer of funds from he department of health and human services to implement the recommendations of the governor's task force for mental health and substance use. The way that this is reflected in the judicial branch's budget is

$2.5 million from health and human services which is where the $30 million in total recommendations currently sit and this money will be transferred to AOC which will then conduct an assessment or contract or an assessment to determine the best program model for establishing new special reports around the state. We felt that it was important to have an evidence based program model and implemented to take the lesson learnt from drug treatment courts and other speciality that are operated through the years to establish an effective model To deal with special population offenders here involved with the court system. Number six is also an item that you may see in other agency budgets, this relates to rates for the department of information technology. What we are attempting to do here is show up agency budgets where they have been paying additional costs or IT rate increases that were implemented by the department of information technology. You'll also see in the general government section of the budget an $8.3 million appropriation to the department of information technology to appropriate funds to cover the core business operations of that department currently agencies are paying what is called a subscription fee. And if these recommendation. Recommended Item is enacted in the budget. Funds to operate the department of information technology will be appropriated and agencies will no longer be required to pay the subscription fee. And as previously mentioned item number seven is the state retirement contribution rate increase. Moving over to page 88 or 125 depending on which version you're in. Well, talk about indecent self services. The first item there is that, one time non-recurring bonus, little over $1 million non-non-recurring . Item number two, is a sister item if you will is a market based adjustment of 5% for assistant public defenders and quite relate to the item that we've just discussed for assistant district attorneys when we were speaking about the judicial branch. This is one million dollars recurring. Number three is an item familiar to those of you who have served on this committee. It provides an additional $3.5 million non recurring to indigent to funds, to short up their short fall for private assigned counsel who represent persons who are deemed indigent by the courts. and item four again is the state retirement contributions rate increase. Moving on to page [COUGH] 89 or 127. It is the department of justice. Item number one is the one time state employee bonus. Item number two again is an item that may be familiar familiar to some of you who have served on this committee. This provides an additional $2.2 million non recurring to the department of justice for outsourcing of top psychology cases from the state crime lab. These funds will enable the crime lab to substantially reduce the back log of cases. as the resources that they have been provided through this body over the last biennium now allow them to essentially keep up with the cases that are coming on the door and they need this non-recurring investment to help them clear the backlog of older cases. Item number three establishes funds for utility, equipment and on recurring which is for the startup equipment. One position for the western crime lab in Edneyville/g which is scheduled to be completed in 2017. There's a breakdown there of about $300,000 recurring, a little over one million dollars non recurring, which is for that startup equipment. For the crime lab, forward that About a $1.4 million investment in fiscal year of 16, 17. And item number four is the state retirement contribution increase. Moving onto the department of public safety on page 90 or 129 The first item is the state employee one-time bonus for the department of public safety, this equates to a little over $31 million dollars non-recurring. Items two, three and four are targeted pay increases for certified And sworn personnel within the department of public safety.

Item number two is a $10 million investment to continue implementation of the new pay schedule for correctional officers and custody staff in adult prisons. Item number three Is the staff increase for qualifying state highway patrol troopers at $1.8 million recurring. Item number four is a market based adjustment for FBI and ALE agents averaging 5% just under $1 million recurring. Item number Five are salary increases for DPS, agency teachers within the juvenile and adult facilities as well as administration. And [UNKNOWN] with salary increases proposed for public school teachers. Item number six, enhance Enhances prison security and public safety through the use of technology to prevent and deter prisoner access to cellphones. There's a $600,000 recurring amount as well as a $4 million non-recurring amount. And this will provide funds to the department to implement this technology At two additional prisons. Item number seven provides non-recurring funds to deploy a student anonymous tip reporting application which is called speak up and see. And to complete development of mandated school risk additional plans as directed by the legislation tasked by this body in 2015. It also provides for poor positions and emergency management. Two of those are information technology divisions to continue development and to maintain the applications and two of them are planners to go out and work with districts and local schools to ensure that they are conducting ongoing safety drill and exercises as required by the 2015 legislation. This is $2.8 million title investment for fiscal year 16/17. Item number eight, funds a data analysis and case management tool for use by law enforcement. Investment there is a title of 600,000. That's $500,00 recurring and $100,000 non recurring. Moving over to the next page This item provides a $1.3 million non recurring investment to replace the monitoring system for the bypass network. Item number 10 provides eight telecommunicator position for the state highway patrol to assist them in keeping up with increased call volume as the state continues to borrow.Item number 11 is a net zero item, there is not a reduction nor an increase. This item adjusts the highway patrol budget by $4.1 million due to lower fuel cost and reinvests the dollars that are currently budgeted in that line item to core operations need and establishes replacement schedules for items such as mobile and handheld radios, in car computers, tasers and some critical safety and security supplies for basic schools. Item number 12 is a continuation review item regarding inmate waiver and I believe this committee is hearing a report about that item following this presentation this morning and that sis a nine million dollar transfer of receipts from the department of transportation to the department of public safety to support that program. And item number 13 is a state retirement contribution rights increase. Mr Chairman, this completes my presentation and I'll be happy to take any questions from the members. >> Right. [BLANK_AUDIO] 8:15 [LAUGH]>> Rep Stevens. >> Mr Chair I have several questions and I thought maybe some other people go first. [BLANK_AUDIO] And [BLANK_AUDIO] on page 122, item five where we're going to start backup with specialty courts. The two and a half million dollar iii and number two, what will two and a half million pay for? >> Okay Okay.

[INAUDIBLE] Rep Stevens thank you for that question. As you may be aware the governor established a task force to develop recommendations for iii mental health and [UNKNOWN] The task force recommended total of $30 million investment for a Wide range of programs and services. The majority of it is on show up in the department of health and human services budget, and the governors recommended adjustment. The item that specifically is listed here, it's actually a total of a $5 million $2.5 million will be for treatment for court involved personnel who will be participating in the specialty court. And it is included in the language but it's not a part of the dollars. But the total investment for specialty court and treatment of Those offenders is $5 million. What we have shown here is $2.5 million that would be transferred from health and human services to AOC/g to do a few things. So let me describe the process as we envision it. As You likely know there are already some specialty courts operating in the area's judicial districts. So we want to leverage the resources that are already there in the community. So we don't necessarily want to just stand up court and judicial Judicial districts, we're funding for drug treatment/g courts which was eliminated a few years ago. Because we wanna leverage all the resources in the state. Also I think it's important and the governor's office thinks that it's important that in establishing new specialty court that we actually are using a very Best practices and program model available to us. And so we are directing ASA/g and they are on board with this recommendation that they either conduct themselves or contract out for an assessment to determine what is the best program model based on Evans what work as opposed to the image dodelay/G what people say work. What actually gives the state the best paying for the block. Right. SO they need to conduct an assessment. They also need to look where courts are currently operating. They also need to take into account. The local capacity and support for special day courts. Because in order for them to be effective you've gotta have support right you've gotta have the court family involved you gotta have the other criminal justice partners involved so we want to give then time to conduct that study so they only stand up these programs we are doing them in the best. Possible manner for North Carolina. So that is the intent behind $2.5 million. And I apologize for the long response. The others were not being confirmed. >> Well you got till 12 o'clock. >> Okay. >> [INAUDIBLE] is this money to be used to create new Courts and new court physicians? Or is it to be used strictly by the existing courts for actual treatment? >> It is to be used to establish new court/g, and the treatment dollars are currently recommend in the department of health and human services budget. So the total investment for new special [INAUDIBLE] or revamp [INAUDIBLE] $5 million, $2.5 million is sitting in HHS for treatment. $2.5 million that we are showing here will be establish and stand up new specialty courts based on the assessment. >> Follow up. How many specialty courts would could have million dollars created. >> Well it depends on the staffing model and the present model. >> What did you expect that what happened in this, with amount of money how many new treatments courts will be received? >> Again we can't tell you how many we are receiving until the assessment is conducted. >> Then how did you come up with the half a million? >> The task force recommended $30 million and they as part of their overall recommendation package. The task force that was shared by secretary Braudshure and chief justice Martin. They are mailed that they came up with was $5 million. For courts and treatment of that court involved population. >> What has a drug treatment court typically cause? >> Representative Stevens could when I came here you used the controversy toward.

drug treatment that you eliminated [INAUDIBLE AUDIO] would be some obviously break 1.43 million that is not true to the cost. To stay [INAUDIBLE AUDIO] the expenditure that you were committing previously [INAUDIBLE AUDIO]. to the tune of [INAUDIBLE AUDIO] however many of the [INAUDIBLE AUDIO] are grant funding [INAUDIBLE AUDIO] of course with pay funding. To maybe able [INAUDIBLE AUDIO] assessment is on. >> Where were we before? How many we have? statewide? >> I believe we had [BLANK_AUDIO] [INAUDIBLE] coordinators division so I'm not sure. [INAUDIBLE] >> And anyone from AOC here? What I suggest is if you get up with her after the meeting. Because I think this is much longer in debt. And what we're doing is just giving the overall presentation, we're not making any- >> Commitments >> thank you. >> No commitments. >> All right, and I have Representative Turner and I have Representative Charles Graham and I have Representative Daughtry and >> [LAUGH] >> [INAUDIBLE] >> Thank you Mr Chairman. And this 2.5 million is for the assessment and to iii out there. Then could we iii [INAUDIBLE] to go along with this? >>Thank you for the question. The $ 2.5 million is not solely for the assessment. We anticipate that a much smaller amount of the $2.5 million would actually be needed to conduct the assessment. We did not specifically to include numbers of positions in this recommendation. Again, because we felt that AOC needed time to conduct the assessment to determine the appropriate model so that then funds that are here on a recurring basis could support those positions. Thank you Representative Graham for [INAUDIBLE] >> Thank you Mr Chair. I have a couple of questions and I want to come back to the actual model and I've been thinking along that line. We do have 18 existing courts? Why do we need to go back and do a study? Why do you think that's important that we do a study when we have models in place in North Carolina that we could probably choose a model from? >> Thank you for the question Rep Graham. We may indeed use a model from one or more of the courts that are That are operating. When were working with the governor's task force and talking with ANC in regards to this recommendation, the task force met several time and to develop recommendations but did not have an opportunity to actually Look across the landscape of our country or even our state to determine what are the best practices and treatment courts. Which program model has demonstrated through recitism/g rights and other measures of success To look at those to see what works. There is a lot of anecdotal information about specialty courts which is valuable information to have. But in order to make sure that we are investing the state's resources as effectively and efficiently as possible to make sure that we get the results that We're all wanting. We felt that it was important to actually conduct a study based on evidence and outcome. >> Follow-up. Do we have a drug treatment adviser in the committee. >> Yes sir we do. >> And what's the role of that Committee? >> That committee has been in place for many years and it serves as an advisory body to the AOC director in items related to the title is drug treatment court, it probably needs to be expanded to cover all the specialty courts But the committee is comprised of individuals representing different components of a criminal

justice system. >> One more follow-up. How soon do you, I know we have to pass the budget and get through the process. How soon do you Think the study or the AOC can get into the actual working of looking at this I guess future recommendation? >> I would not want to speak for AOC in terms of how long they think it would take. I can't tell you. I'm putting together this recommendation That we had conversations with AOC and they firmly support this language and this concept of conducting an assessment before these courts are established. >> Follow-up. >> Now you say that [INAUDIBLE] >> [LAUGH] >> Follow-up on the - >> Yeah I'm just [INAUDIBLE] How much time do we have here? >> [INAUDIBLE] >> [LAUGH] >> I'm going to page 129 item three it says increased hours for qualified state highway Who would that be qualified and that we're all qualified, how do you determine who gets the degree? >> This is a statutory self increase that start the statute as reference fair and trippers are eligible as long as they are not at Top of their pay grade. So currently, of the 1,767 troopers, there are 643 projected as of July 1st, who are not at the top of the pay grade and they would be eligible for this increase. Thank you. And Mr Graham I'm sure that Miss Spearman/g will be by your office >> [COUGH] >> to talk to you about AOC, because I think this is an important issue as far as what we're trying to restore as far as the courts and all All in all and I know deeply you have an interest in that and miss Piramin/g you wanna [CROSSTALK] All right. >> Revenant [UNKNOWN] and then Mcneon/g and then revenant Kurb. >> [INAUDIBLE] Going through the session and seeing [INAUDIBLE] because at the end of the year the iii is gone. That's not recurring much. And I think you're looking after the [INAUDIBLE] but so does everybody else and you're just creating balls into rubber band[INAUDIBLE] people who do and they love it, they're famous for it. [INAUDIBLE] >> Thank you Representative Daughtry for the question and I believe that you may recall that this question was posed at the full appropriations committee when director Heath spoke. And after Director Heath indicated the governor's priority in this budget is raising teacher pay on recurring basis. And he spoke about that priority at length. So once the governor had set his priorities in this budget and we worked with him and his staff Regarding availability both on the recurring side and and an on non recurring availability. It was determined that the decision was made to support the 3% non recurring bonus for state employees. >> If I were the cafeteria working on [INAUDIBLE] [COUGH] >> there support of it [INAUDIBLE] when I was thinking all in for it and I'll admit I cannot understand why limit is raised to just one section of the [INAUDIBLE] And again as director Heath stated last week in full preparation he indicated that it was a question of priorities and the governors priority is increasing teacher pay. >> I think Reverend Doty is looking for an amen. [LAUGH] Representative [INAUDIBLE] >> Thank you and recent adultery

kind of started the discussion about what I wanted to talk about. But I wanna put some faces with what he is talking about. So let's just start with judicial branch. Who in the judicial branch Is not wanna get inside for the bonus? [INAUDIBLE] let's talk about them instead of just in general. But because the clerks are going to the marchers/g are going to and the ADAs are going to. Whose not going to? >> It would be any other employee And I'm not trying not to give you a specific answer. It would be any other employee in the judicial branch, who does not meet the definition of one of the groups of employees that have been identified for targeted races, just that there would be in other state agencies. >> They might be a good stuff Who those employees are that are not getting raises. >> We can get back on that I don't have all those [INAUDIBLE] >> Well I guess I guess my same question will go across all this branches. Who in DPS is not here so. I'm sure that our office would be happy to work with your physical stuff to provide whatever list of those classifications that you would like to see. >> [CROSSTALK] [INAUDIBLE] in the governor's plan the people who getting salary increase and [INAUDIBLE] so there's 26,000 [INAUDIBLE] >> And I appreciate that maybe a large request I think as a committee we need to put faces to this people instead of just saying everybody else. Who is everybody else? >> Thank you [INAUDIBLE] [INAUDIBLE] for not including all the DA documents that are not ADA. >> Mm-hm. >> But [INAUDIBLE] >> I have a different question if that is all right. I'v noticed also across all this categories they state contribution right increase of retirement was increased. Is that fully funded? Did we get quite halfway there? Is that full refund what the retirement system needs all those increases? >> [INAUDIBLE] This was the contribution right as determined by the actuary state retirement system and what was needed to fully support the retirement. >> And in my last question it's on page 125 out of three and I know you mentioned that we have Doing this before and that's the short fault. And we have every year i'v been here I think this is the fourth time iv sat here talking about budgets. That's a sure fall and are we ever gonna catch it up? >> And I just wanna make sure >> [CROSSTALK] Thanks Sir. So based on working with services and I think part of the reason that we keep seeing this every year is that many times there's the non-recurring money appropriated. So non-recurring money it's one time, so it's for one year and it doesn't completely address the short So they're catching up on the backlog similar to some conversations that have been in this committee with the department justice and crime lab backlog. So they're catching up but it's just getting the efforts, try to get the budget structurally sound from year to year I think it's what has been a challenge Especially given that the state has been trying to come out of the recession over the last three or four years. Mr. Maher/g and the [UNKNOWN] are here. I'm happy to defer to them if they have a more complete response. >> Well I just asked we'll just get it with Representative McNeill/g afterwards. >> [INAUDIBLE] Our expectation is that the end of the next Fiscal year [INAUDIBLE] either have eliminated the debt or reduced it to a very minimal amount. Some of the problems in the last couple of years has actually been the profit revenues because of the change in the tax laws. [INAUDIBLE] Our existing budget should pretty much eliminate it within one fiscal year. >> Okay, thank you. Representative Hurley [INAUDIBLE] >> [COUGH]

>> The salaries and we can make a recommendation [INAUDIBLE] or whatever so we need to be [INAUDIBLE] My question is about the assessment/g. Will that be Specialty courts who will break them down into specialty courts or is that just [INAUDIBLE] >> I wrote a recommendation, it's drafted in a manner to try to give AOC flexibility in determining exactly how to Write the scope of work for the assessment but I don't posses conceptually if data would include all special reports. To make sure in the end that we have the best program model in place to get the results that we all desire. >> [INAUDIBLE_AUDIO] [INAUDIBLE] >> Mm hm >> [INAUDIBLE] >> It would be up to AOC to make that final determination but that would be consistent with our recommendation. >> [INAUDIBLE] and it was the recurring so [INAUDIBLE] >> Yes. If I could make one comment. >> Sure. >> To all the members you've asked excellent questions about this item and I know that it's been very actively discussed in this committee. The task force recommendation were just released if I want to say sometime in March. So in terms of our budget development process, we were pretty far into the game and we fully expected the leadership of the committee to continue to be engaged with this body to continue to work, and flush out the details as you went through your deliberation. So I think that this are excellent questions will all have the same goal, about the best use of this money especially around this courts. So thank you for your questions. >> Representative Specioli. >> I'm glad to see that some are getting 5% raises and this and that but if my calculation is correct we're looking at about 43 million in bonuses, 3% bonuses. Okay so I wanna register with you as the Chairman so you can register with whoever needs to register that I think we need to change this 43 million into Into pay raises and 3% pay raise and not that 3% bonus. I support the teachers and am sure we all do, but we have worked with them. We have raised their pay and we go continue to do so. But the reality is except someone maybe in a city classroom their lives are not on the line everyday. Like the folks here, so I just think that. I'm registering that with you so you could take it up to whoever you need to take it up to. That's my opinion and my recommendation. >> Thank you. [INAUDIBLE] now [INAUDIBLE] you've got five minutes. You've got to go now >>I haven't turned on 30. I have to [INAUDIBLE] >> I know [LAUGH] everything is from [UNKNOWN] on page 130 number 11 under the DBS budget. Can you just talk to me about where the estimate, where the field savings come from. That is a retrospective number that The figures and already save numbers are about future looking forecast. >> I can tell you very quickly on how we divide that number, we used our economic and analysis division within the office for state budget and my mention that to help us. We looked at forecaster field prices going out further to the end of article 17. We surpassed [UNKNOWN] forecast and we allowed for a 25% volatility in the rate to try to ensure that we were capturing all of the potential volatility and not taking too big of a reduction. And again this is a net [UNKNOWN] reduction for the patrol and like other agencies they would have flexibility should prices go up. They do have some flexibility to realign their budget which is what they have been doing to cover some of the other critical core needs. They have been moving money around. And We just wanted to reflect this as an true indication of how they are actually budgeting today. >> [INAUDIBLE] Okay. Yes sir. It is a better looking green. >>[LAUGH] [LAUGH] >> Thank you very much. >> [LAUGH] >> [INAUDIBLE]

>> [LAUGH] >> I listened to Representative Daughtry and to Representative Specioli would it be possible would it be possible to have a motion that we give a 3% or whatever across the board to all state employees as a confirmation question? >> [INAUDIBLE] remind everybody let me get to the front of this book is the governors recommended budget what we are doing hearing what he has recommended we have not started our budget process yet. We haven't got all of our numbers. As soon as we get that we're gonna meet and then start making recommendations. But this morning the only thing we're hearing is what the governor has recommended. >> I'm sorry. >> it's fine that's fine go ahead. >> Do we need to get him a message? >> [LAUGH] >> [INAUDIBLE] >> In time that's coming [INAUDIBLE] >> Thank Mr. Chair. You know I'm very interested in this drug treatment course or specialty course. I've been interested for a long time and I think this is a good information and I commend the governor for making the recommendation. Could you tell me, the staff maybe able to to tell us or provide information about drug treatment and advisory committee, drug treatment court advisory committee. First time I've heard of that and I'd like to know if we could - >> [INAUDIBLE] >> Representative Grant, she's gonna have to go >> Okay >> But I will assure you that beautiful lady behind you Miss Piramin/g is going to come and speak to you about that advisory and give you the names of who is on there when I meet/g, and help you with that. But 'm like you I did not know about that committee either. [INAUDIBLE] >> Right. >> [INAUDIBLE] >> Okay, He's gonna get her homework and get up with you. >> Thank you Mr. Chair I just want to be on the record, because I think it's very important that we get all the players out there and have a better way as we move into the future. [INAUDIBLE] >> No. >> Representative Stevens did you have a quick question? >> One quick question. I'm just a little confused. >> Okay. >> It seems they indicated that 3% bonus will go to everyone and some people additionally get a raise. Was that the governor's intent, everybody get's 3% but one time bonus and if certain people get raises on top of that? >> Yes ma'am. >> Okay. >> Any other, yes sir. She's got to go after this. >> [INAUDIBLE] [INAUDIBLE_AUDIO] very expensive to maintain Also not so hard to set up. And once you get them in place their gonna cost us a lot of money and I hope you are prepared in your budget for this cost if you gonna wanna select one and leave the rest [INAUDIBLE] >> Representative Doty/g I think you tip the nail on the head about what I've been talking about in relation to we wanna make sure that the investment that the state makes and plans to maintain actually provides the outcomes that we need because it is a worthwhile investment, it is a substantial investment and we wanna make sure as we have these different special league courts in different jurisdictions Jurisdiction I have an example that we have, capacity, we have enough [UNKNOWN] population, what does the staffing model look like? So we wanna make sure that wherever we have them that it actually are the ports we need for that geographic location and that they are producing the results that we need last one? So you don't plan to have any special courts. iii maybe next year [INAUDIBLE] >> No. Again, it would be up to AOC to conduct the assessment but we are not saying that as a long drawn out process. And so the money is It's recurring money so part of that the one time money they would spend for the assessment would then be available on a recurring basis to help support the ports once they are established.

>> [INAUDIBLE_AUDIO] >> Well, we'd have $2.5 million [LAUGH]. >> [INAUDIBLE_AUDIO] [LAUGH] >> [INAUDIBLE] >> Any other thing Miss [UNKNOWN] You sure? And Miss [UNKNOWN] Okay great. Cheers. Okay. Miss [UNKNOWN] Thank you. >> Let me make one comment. >> You said you had to go. >> [LAUGH] >> I want to apologize to the committee. I have to go and present the governor's recommended budget in the Agriculture Natural Economic Resources committee so I do apologize that I have to leave but I am going to a very worthy place. Thank you for your questions and allowing us to present the governor's recommended budget. [NOISE] >> [LAUGH] >> [INAUDIBLE] >> Did you have them? >> I did. >> [INAUDIBLE] [INAUDIBLE] >> We're here, it doesn't matter. I don't know if we're gonna need it. >> [LAUGH] If you all were listening this morning. >> [LAUGH] [INAUDIBLE] >> No motion. Okay. Thank you. [INAUDIBLE] >> All right. As we continue on, I'd also like to Introduce now John [UNKNOWN] gonna come, talk about inmate road squad on litter crew continuation review. >> Thank you Mr. Chair. You all have in your packets a two page, that will just give you a little background about the Continuation review and then behind it you have a continuation review. And Melissa Earp from the Department is gonna come up and present their findings. I just wanted to give you a quick background on the continuation review process. Since 2007 the General Assembly has directed agencies to conduct Evaluations of certain programs within the JPS budget. There have been 10 JPS related continuation reviews. I say JPS related because they're benign JPS continuation reviews and then one with communicologists involving the prisoner education program. And there have been In various findings over the years regarding should the programs be continued, should they be expanded, should they be discontinued. And there's been a number of outcomes based upon that. This years continuation review is a little bit different. The full chair has directed it. 14 programs that are Funded from Highway Fund transfers to have those agencies and those programs reviewed with the continuation review process. On the back of your one pager you will see the 14 programs and that they're spread across a number of other sub-committees. The one that we're gonna focus on today is The roads inmate road squad and litter crew that we've talked about in the co-system/g of our long session education presentation. And Melissa Earp from the department will come up and tell you more about their findings and their recommendations. But I wanted to give you just a quick background on the whole continuation review process. Got any questions [INAUDIBLE] All right Melissa >> Here it is. Well [INAUDIBLE] If you would state your name please for the record. >> [INAUDIBLE] [LAUGH] Melissa Earp Assistant Director for Administrative services with prisons as part of the North Carolina Department of Public Safety Thank you Mr. Chairman. And thank you members of the committee for allowing me to present to you this morning. I am grateful to be here and want to be able to talk to you a little bit about our inmate road squad and community work crew, excuse me community litter crew program. You have the The continuation review report in front of you. And I want to let you know that this program has been in place since 1977, with medium custody road squads.

And we expanded the program in the mid to early 2000's To the minimum custody litter crews. We currently operate 66 medium custody crews. They operate with 2 correctional officers and 8 inmates. We also currently operate 50 minimum custody litter crews. Those crews operate with 1 correctional Officer and 8 to 10 inmates. The total of all the crews cover 80 of the 100 counties in North Carolina. If you will look at table 3, the information in table 3 Provides you with all of the counties that are covered. As a part of our review, we have determined that we have some difficulty with efficiency with our crew. We have a number of correctional officer Vacancies which has caused our efficiency rates to go down. We're currently operating at about 54% efficiency rate. Due to that and due to conversations that we've had with the department of transportation officials, we feel like we could potentially convert many of our Medium custody road crews to minimum custody crews in order to increase those efficiencies. In talking with DOT, they have informed us that they will be contracting with vendors to manage litter crew pickup along the major roadways And interstates. They have asked that we expand our operation to some of the secondary roads. They want us to increase our mileage and we feel that we can do that with more minimum custody crews. [BLANK_AUDIO] By definition a minimum custody crew is a much more efficient recourse for the department due to several factors. One is that we're able to employ more inmates. Another is that we Only require the use of one officer with a minimum custody crew. We are reducing the risk to the general public with a minimum custody inmate being out in the public, and we can cover more miles with more of those crews. We also believe that it will give us the ability to have more of our employees in the prison facilities where they really need to be. You also have some information in your report regarding last fiscal year's productivity and what these crews Do. I just wanna refer to that so that you can look over it. And you've also got a map in the very back of the report that shows you detailed information about which counties are currently covered. [BLANK_AUDIO] [LAUGH] good looking green. >> Thank you Mr Chair. >> [LAUGH] >> this might be a question for Mr Pultic/g but I was thinking on the federal reserve. As you indicated that we could not fill the position so we were not able to be as productive as we would normally would be and if we have the vacancy that money is being reserved some place how is it being used and why can't we be more aggressive when it comes to filling more vacant positions? [BLANK_AUDIO] Mr Chairman [INAUDIBLE_AUDIO]>> Thank you very much. >> Commissioner guish/g I love you we got a lot of questions. >> Public safety >> [LAUGH] >> It normally takes three hours eight days when I give a speech so thank you representative for the question. We are working on filling those vacancies in fact we can provide you with a report that we'll indicate the efforts that have been made over the last year. We have made tremendous strides on getting our vacancies down in fact in community correction, we are now at the lowest numbers that we have been in years. And we are focused diligently on getting those positions filled

as quickly as possible. But we'd like to provide you with some additional information that will tell you about what we are actually doing and what we have implemented to move those vacancies. I feel a lot quicker than they been filled in the past. >> Follow up. >> How is that reserve money being sent as being used? Commission of guys at the department of public safety. Yes the reserved money is there for us to be able to utilize and it's available for us that would assist us in our efforts to get those positions filled, but in addition To that those monies are there when we need to make other provisions for example, we've used salary reserves to assist us in filling those very difficult positions, those medical positions where we need to be able to compete and we have those available For that type of thing also. [BLANK_AUDIO] >> Mr Chairman [INAUDIBLE_AUDIO] >> We'll provide that in the health committee [INAUDIBLE_AUDIO] >> Chairman [UNKNOWN] [INAUDIBLE] >> A question for the commission here [INAUDIBLE] commissioner guys, department of public safety. It is voluntary and we have naturally opportunities for inmates to be involved in programming, further education work with prison enterprise etc but we also have a lot of inmates that do not feel those programs, are not participating in those programs, and they're encouraged and actually want to get out. Idleness is something that we deal with aggressively a great deal in our system and this is an avenue for folks to get out and participate and be out of that cell so it is a good program, I would want to mention to you that we don't wanna totally do away with the medium custody rogue crews. if we do that then we have a lot of inmates that historically had been out working on the roads that will be sitting in the bunk. And that [INAUDIBLE] create time on their hands and can create problems for [INAUDIBLE] so it's a combination of being able ti use those medium minimum custody inmates to do this work and it's needed work for our community so it's something that is worked well and we've been involved in that since 1977 and it's saved the taxpayers i think a great deal of money over the years. >> Thank you Representative Daughtry [INAUDIBLE] [BLANK AUDIO] public safety and corrections. Historically if you look back at At the department you'll see that our vacancy rate is high. We can provide that information to you. What we deal with are a couple of things. One, we have developed more opportunities to train our staff, retain our staff. The Difficulty is one that we have to provide opportunities for our employees and we have to provide ways in which we can retain our employees . Part of that is paying them a good salary. This commitment that the executive branch and the legislature branch made in the last long session to address CO More pay it's been some 30 years since that matter has been addressed. Now that's being face down if you can recall that's three phases. We just started that. So in the next phase this is in the governors budget is very important. But in addition to that we still have CEOs And folks would tell you that they've not received anything yet and that's correct because it's phased in.We did not get all the funding to address that issue to begin with but the CEO pay is extremely important. What I will tell you is that we are doing a better job at recruiting.

A better job at retaining Kind and her employees and we are doing a better job through the interview process to speed that happen to ensure they were getting the right employee and that it understands this work. >> [INAUDIBLE] [NOISE] [INAUDIBLE] >> They do and commissioner guys I would yield to Mellssa to answer that directly. They work on that on a daily basis. Yes. >> Another question Representative Ben/g, do you receive what we consider intensive/g wage pay that pay ranges from 80 cents to a dollar and it is determined based on the job at hand. >>[INAUDIBLE] [INAUDIBLE] Thank you for the question. Those inmates are actually just paid just over an employee or any other employee will be paid. The requirement is that they are paid minimum wage at least. >> Thank you. >> I have representative Graham from Robinson and then I have Representative Steven from [UNKNOWN] and then [INAUDIBLE]>> Thank you Mr. Chair. I have a question for the young lady. Did I understand you say that you are working across the state at a 64% efficiency rate? with the [UNKNOWN]? >> Yes. We are currently yes. >> And follow up. I'll have several follow ups. >> Is that because you don't have the man power to personnel, the guards? Is that the reason for that? >> Thank you for the question. Yes. That is a portion of the reason. The medium custody [UNKNOWN] which we have more of, are actually more problematic to us to fill vacancies in those locations. So that's probably the majority of the reason that we have a lower efficiency rate. However there are numerous reasons why those [UNKNOWN] may not go out. Weather may be a reason, Inclement weather, Facility staffing security concerns within the facility. If we have other trips going on where puts me to be held in to cover posts, those are some of the reasons that which affect efficiency. >> Did I hear you say earlier that you would recommend, your recommendation would be to use the minimum security of road crews. Because you only have one guard assigned to that group. >> Yes sir.Our Our recommendation is that we convert many of our medium custody crews to minimum custody. Not all as Commissioner Geiser stated. We don't feel like we can convert all of them, because we do need to maintain those four [INAUDIBLE] reasons. But we do recommend that we convert them. [BLANK_AUDIO] And I heard you mention VOT vendors. What are vendors doing in regards to litter cleanup? Are they people actually picking up trash or are they guards? What is their capacity as far as the vendors ? >> [INAUDIBLE] >> Okay. >> [LAUGH] >> [Inaudible] >> [LAUGH] >> That's fine. I will remind everybody it is 9.46 we have roughly five minutes left. I'm gonna follow up with your question with VOT Do you like to comment on it or [BLANK_AUDIO] quick. One minute cuz I still have Stevens, McNeil and Hurley. >> Mr Chairman it's Stanley/g transportation roadside unit, we've reached a tipping point back into fall, winter and spring with amount of litter n the highways. So we took some precious maintenance funds and we put a contract out for interstate highways in North Carolina under a low bid contract for private industry. So far we're about 75% across over 1300 miles of interstate. They picked up between 90 and 100 tonnes of litter and we're not

over 1300 miles yet. So we have a crisis with litter on the highway. So to answer your question, we are using private industry to pick up litter, private low bid contracts. >> If I may ask a question? What does that cost the state of North Carolina? >> Mr Chairman would that be at a specific contract or what we're spending with litter? >> No, what we're spending on picking up trash. >> The expenditures last year were tabulated for 2015 is 16.9 million. >> 16.9 million? >> And that includes the DPS transfer of 9.1 million from the Department of Transportation to DPS. As far as other states we're the lowest around. We're comparable from 90 [INAUDIBLE] per mile. Texas has a little free more miles than we they're at $40 million for litter pick up over 80,000 miles. >> I'm not comparing [INAUDIBLE] that the citizens of North Carolina don't think enough of their state and keep throwing trash out and we gotta spend $17 million that we could spend on education in this state. Yes, a comment. >> [INAUDIBLE] >> Amen. Can I hear an amen to that? Thank you. It's a shame folks, and I hope if you're listening out there all your representatives stop beating us up about spending money not on education, we haven't cleaned up the roads. >> My question >> Make it quick because we have got three minutes. >> Back to him. 16.9 million pick up trash but as I understand 9.1 million of that is what sent to ->> DPS. >> So their actual contract is about 7 million. That is what I want to understand. >> Thank you. >> Yes this question is for [INAUDIBLE] whomever. I was looking at the map on the back and I see that there are some counties that are not covered and also according to your table three specifically Moore County [LAUGH] [INAUDIBLE] Why are there some counties Counties and it looks to me like there's a dozen more that are not covered. >> [INAUDIBLE] >> Thank you for the question. It depends on the level of facilities that are in those counties and what locations they can cover. With this proposal or recommendation we We will be able to expand coverage to other counties. >> Thank you. Representative Hurley. So when you go to the minimum crews, you could cover more county then? >> [LAUGH] >> Representative Hurley, you have to call me. >> That was a [INAUDIBLE] >> [LAUGH] Representative Hurley [INAUDIBLE] >> Thank you for the question Representative Hurley/g. We do have a few contracts with municipalities. They are more Memorandum of agreement when we have requests and the municipality's able to fund our correctional officers in order to those service, provide those services. So we do have some of those but very few. >> [INAUDIBLE] question here. Do you have [INAUDIBLE] [LAUGH] >> No ma'am. >> [LAUGH] >> But - >> [LAUGH] No no we're fine. We just like to think Melissa [INAUDIBLE] >> Yeah. >> Yeah good That a girl. >> Well my husband uncle. >> Your husband's uncle? [LAUGH] All right. Thank you for coming this morning and you're welcome anytime. >> Thank you very much. >> And we just need to remind our citizens, stop throwing everything out the window. I was sitting Western Boulevard this morning Coming in and there's a jeep in front of me and he just flipped the cigarette butt right out the window so yep. >> Did you get his license plate? >> Well I just, anyway. This will conclude the meeting. I have a couple of announcements and first of all I'd like to welcome this morning Bob Schumer/g which has been the house for the FBI director voted on and over in his senate now. If you like to stand up if you all like to meet him in a minute. He will be available. Thank you. Personally I would like to thank, there she is in the back. Jenny certain, which is our [UNKNOWN]

[LAUGH] [UNKNOWN] Director Nile and thank you for you service to this state and your family service to Moore County and and is anyone here from the Sherrif's Association? I would like- tomorrow is Peace Officers Day and there is a memorial service at 11 O' clock at Calvary. And I'm going to have the Colonel stand up because there is two services tomorrow. and I like for the Colonel to make the announcements of what the two services are. Thank you Mr. [UNKNOWN] At eleven o' clock the state [UNKNOWN] memorial will be at Colonial Baptist Church in [UNKNOWN] and then tomorrow afternoon at two You're at the Hollard/g co training academy. We'll be having the patrol memorial service for fallen officers as well. >> And I'd like to say he's never been out to the Highway patrol academy on Old Garner road.It's well worth your time after we get off session the more that you spend an hour over at the academy for the memorial service. Service for highway patrol. I think that the least we can do is take an [INAUDIBLE]to say thank you. In the other [INAUDIBLE]. This meeting is adjourned[NOISE] bbb