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House | May 12, 2016 | Chamber | House Session Appropriations

Full MP3 Audio File

[CROSS_TALK] [SOUND] >> We call the house Appropriations committee on justice and public safety to order.Glad to have all of you here this morning.I got a room full, In fact we got a room over full.So,we got people standing in the hall.I think we're gonna have to get a bigger room if we keep being this popular. I'm John Peacocke and I'll be chairing this morning and the other chairs they hear that representative Bowels hasn't come in yet but representative Dowry, representative Harley. This morning we will be visiting our budget for JPS and getting the explanation of what DMV considered, you can receive the handouts over there if you don' have them. The information will be presented by staff and we will be taking questions Before we do that I would like to introduce the sergeant-at-arms that are helping us out this morning. Billy Jones, Barry Moore, Will Corker and Bill Raillery. Thanks so much for your help guys. We also have. I believe we have two pages. Pages here Rise Paterson over here from Harnet County. Representative and Belinder Shepard from Onslow county. All right we first of all we wanna thank our staff for being here, the staff member would be presenting the information this morning as I said we will be talking questions as we go through. We will have a divided meeting and. That we go as far as we can and then we will have to break recess for to go to session and then we come back immediately after session and continue on. So please plan to come back because we've got a lot to finish up today. Any comments from the chairs. First of all we are gonna have I believe Christine you are going first? Okay first of all we are gonna have Christine Aleget/g, to go over house preparations committee rules explain how we are getting started. Thank you Mr. Chair Good Morning everyone can you all here me? Okay I'm going to go over the rules for sub-committees I'm gonna go relatively quickly you all have seen this before they have not changed from last year. The first rule is that. An amendment must be offer by formal amendment. What that means has to be written on a piece of paper. Number two amendments cannot increase total spending within the proposed committee reports. So you can't in this sub-committee say cut education and put that money into prison. Item number three. Amendments can only affect appropriations within the department agencies or programs within the jurisdiction of the committee. Again you can't make amendments that affect the education by budget. Number four amendment cannot adjust salary and benefits appropriations for the department agencies or programs within the committee reports. Salary and benefits items are going to be handled by this in full appropriations on On Tuesday, item number five amendments cannot stand reversion or include shall not revert or carry forward language. Number six you can't ease non-recurring reduction to fund recurring item, number seven amendment cannot change the recurring or non-recurring designation of funds Eight amendment cannot change substances policy or law. Nine amendment may not fund items with management flexibility reduction in other words you can't tell the department of public safety to find $3 million to fund something you have to be very specific about where that t$3 million would come from. Item number 10 amendment may not affect agency or program transfers to other committee. And item number 11 amendment may not include fees or other finance related matters. Mr. chair if anyone having questions about the rules I'm happy to clarify. >> Any question? Thank you Mr.

chair before Lisa comes up to view the department of public safety budget, you may have noticed that your committee report looks very different this year. So I want us to just run through quickly review the differences and the formatting what we are trying to achieve here is more clarity for In the overall budgets of the agencies. So where before you only thought items where something was changing. Now you can look on page two and see the entire budget for the department of public safety bus fund code. So this will provide you a little bit more information on the requirements that they have And the appropriation and for some codes not distinction is really important if they are totally receipt deported you may not have see how much money was available to them before because we were only showing appropriation. So for each agency you'll have on the first page a summary of that agency total budget budget, Mr. Chair Representative Brainhook/h >> Leave all that out, just go ahead. >> There you'll see a summary of each agency's total budget starting within enacted budget which is the certified for 16/17, that's what you all passed last year. The requirements or the total expenditures that that is allowed to make. In the receipts is what they are bringing in could be from federal fund sources, it could be from other grants, it could be from fees. So the net appropriation is the title requirement less receipts, that's the general fun appropriation that they are getting. The next section and shows you the legislative changes, again requirements receipts and not appropriations so for the department of public safety you can see here that the sub-committee recommendation is for an additional $1 million expenditures in 16/17 and hen at the bottom you'll see the revised budget. Finally the very bottom you got the general fund FTE so you can see how many, there are 24,900.45 FTE in the department of public safety. So you'll have these for each agency. The next sheet is the fund carriage sheet that I told you about the money, for DBS it takes up two pages cuz they're too big so if you keep going to page four, you'll see a two page table, this is he FTE bus fund code for he department of public safety. That is the new structure of the committee report Mr chair if anyone has questions I'm happy to answer them. >> Questions about the rules? >> Yeah, I do have a question. >> Okay, Representative [INAUDIBLE] >> It says enacted budget, is that the budget we enacted last year? >> Yeah. >> And the revised budget is what we're doing right now. >> Yes. >> Thank you. >> As you recall we adopted a two-year budget, we're now back to make any revisions that are necessary. [BLANK_AUDIO] other questions? Okay, we're gonna ask Lisa, Lisa you're coming up to handle the DBS. >> Yes sir. Good morning everyone? This will be brief. Page i6 in your committee report is department of public safety and the adjustments made to that budget. The first item is a non-recurring amount of $350 to the s-guy/g for ALE radio to replace the outdated equipment. Item number two provides non-recurring funds for the development of full-risk management plans.This was mandated in statutes and this key funds go to the department of emergency management. Item three is non-recurring for the [INAUDIBLE] for schools to develop an anonymous tip-line reporting application. This was mandated in the budget last year in the education section as part of the school risk and resource management program system, and this provides funds for the development of that application. Mr. Chair any questions? any questions? Moving right along. Christine. >> Thank you Mr. Chair I'll go to the department of justice's budget on page 10. [BLANK-AUDIO] the first item now, item number four is yearning for the western crom lab in [INAUDIBLE], the crom lab is expected to open in February of 2017 and it will start in a directorial being embodied you, all are there to visit as soon as it step in. This item provides additional funding for an H.technician and increase utility cost up there as well as scientific basic supplies and then also provides non recurring funding to purchase equipment for that lab.

Item number five provides additional funding for equipment into other lab, the [INAUDIBLE] lab, this item specifically says [INAUDIBLE], it actually should say [INAUDIBLE] and [INAUDIBLE] so we will be providing a technical amendment to fix that this afternoon, $640,000 non recurring. Item number six provides $2 million to continue out, first thing toxicology and DNA analysis to a product vendor could clear out the black log for the toxicology cases. Mr. Chair that's all I have fro the department of justice budget, anyone have a question? >> Any questions? You're [INAUDIBLE] >> Thank you, and I'm back on, I guess it's i8 and I'm looking to revise the budget, we've 23 million [INAUDIBLE] and we only reduce 1.7 million? I know we did a bill for the last [INAUDIBLE] are we not collecting much, or would you know the percentage of what we're collecting? >> Veteran Stephen Joe is exactly right, there is a $1.7 million receipt budget for the crime lab, those receipts have been historically down creating a structural problem in the department of budget, this is something that I think ya'll may wanna consider looking at next year in figuring out how to address that, you've done many things, policy wise to try to increase the collection of those core cost for crime lab, unfortunately that is not working very well Further questions? [BLANK_AUDIO] >> Thank you Mr. Chair, there are no changes to the department of [INAUDIBLE] defense's budget so if you'll turn She paid to the last page of your document. AAC's budget is on page I18. There's one item here it's about $250,000 non recurring to create a mental health record database to facilitate the clerk's compliance With the requirements of the firearms law that you passed last year. >> That's the sheriff, anyone has questions? >> Questions? [BLANK_AUDIO] >> [CROSSTALK] >> If no further questions, we'll go into provisions. Thank you Mr. Chair, I'm gonna turn to your provisions per your special provisions package now, page one these are the department of public safety provisions. Page one is repealing a position reclassification authority. For several years after consolidation Allow the department flexibility to reclassify or eliminate positions in the department of administration. This provision revokes that authority. Pages two and three are for information only. These two provision are gonna actually be included in the. Section of the budget. But I know their are several subcommittee members who are interested in this topic. So we've put them in here for information. These key provisions are exempting the [] of investigation in the department of public safety form IT over sight. Page four is changing the viper. Report from an annual report to a quarterly report. Last year you all had made annual report turns out you actually need a quarterly report. So page five is adjusting the domestic violence homicide report that the FBI does each year from Feb 1 reporting date to April 1. Page six is John. Does anyone have a question go ahead. >> John [INAUDIBLE]. >>Thank you Mr. Chair on page six you will see the miss confinements funds. Last year you all moved the Miss Dominica confinement funds from a receipt supported fund into a general fund supported. And what this does is clarify that the transfer does not go into the special fund it's just a general fund support operation so that's a clarification of that. On page 7 last you all created an inmate grievance resolution board annual report. And this is just clarifying on lines 9 and 10 are clarifying the language that's it' a grievance appeal is the proper term this is the technical change. >> Representative Stevens. >> I have a question and it's not and it's not for John. Christine [UNKNOWN] What is enterprise active directory? >> Thank you Mr.

Chair an enterprise active directory is essentially the backbone of an agency's IT function. So last year in the budget in the architect in the budget there was a provision that required all of the active directories to be flipped every to RT, the law enforcement DPS is concerned especially for the law enforcement function that the IT is not able to provide the 24/7 365 days service that they need so they wanna keep [BLANK_AUDIO] >> Lisa >> Thank you Mr chair turning page eight, we had several JPS Oversight subcommittees that [INAUDIBLE] ended up to recommendations for policy and budgeT. page eight is one of the recommendations that the probation for all equal sub-committee which directs PPS to study whether probation [INAUDIBLE] Should be permitted to take their state vehicle soon, and whether there are any tax implications for probation parole officers if they are allowed to do so. Page nine and ten, this is a revision to reporting requirement for the treatment for effective communities supervision program, this came to this reporting requirements reflect the current practice and purpose of this program the previous report had not really captured what they are doing with this program and with this funds so this reflects the change in chapters. Page 11 this directs the North Carolina justice academy to develop an online training course in social media for law enforcement officers, this recommendation was was developed out of concerns over a news and server story that had revealed some details of police officers private life some people were concerned that that information had come from public record they are from something that could be controlled or limited but it turned out to come from his wife's Facebook page, so this directs the justice academy to develop a training course to better equip people for life in a social mediated environment. On page 12, this is recommendation that came from the IDF sub committee the oversight IDF sub committee, this clarifies the budget authority over the [INAUDIBLE] services, last year IDS was moved under the administrative office of the court, this clarifies that the director of the administrative offices of the court may change their budget only after consultations with the IDS commission. On page 13, section A A within the governors' budget and once [INAUDIBLE] provision that had been included in several budget cycles, it was locked out of last year's budget because there was several sub-committees studying IDS. This reinstates that provision which gives them budgetary flexibility to to develop public defenders office as well as satellite capital defenders office. Section B directs them to study whether satellite capital defenders offices are feasible, cost effective, yes sir? >. In respect to the satellite offices for capital defenders [INAUDIBLE] and we were concerned there were so many capital defenders in Durham/g and it should [INAUDIBLE] is that correct? >> Yes, chairman Daughtry. Thomas v director of IDS, there are areas of the state where the capital defenders studied where there are more potentially more capital cases than others. Robinson County and Kamblin/g for example are prime examples where moving, we have some vacant positions we would use there but to fully use the satellite offices we would need to add some additional so you'd see both a reduction in the head count in the Durham/g offices and some additional offices targetted to where we are using more of out-of-county private attorneys and the idea would be to cut back on that method o providing services. >> How do you plan to split the satellite offices? >> Well, first of all and the area of the biggest need is down in 16B and 12 Cumberland and Robinson County, we We've talked to the public defenders and other staff already in both locations. We'd hope to use the facilities they currently have in both cases what we've been told is there's physically no space. So we're gonna until we just can't put ourselves into a public defender office that has no offices. I suspect in Lumberton that there's relatively inexpensive office states Space needs to begin with and so one of our plans is to move positions there, add attorneys and take over a number of cases that would otherwise go to attorneys from outside those counties. Nash county also has a need and I think we can move a position and then add a position,

have a two person office there. Lee county has county has a need that could be served either in the county or from Chartam/g which also has the need, and those are the primary areas we're looking at for the short term. >> How long do you expect it to take to get those [INAUDIBLE] >> I'd expect at least two out of the three, if not all three would be by the end of this calendar year. Other questions from that? >> Not on that. While she's there, I just had a quick question going back to page 12. >> Okay. >> I only have to direct consultation with the com/g of the commission. Is that a com/g of the commission or a com/g of the information that's present at a meeting. >> I believe that the intent is to have a quorum of the commission in [INAUDIBLE] meeting. Representative Daughtry? >> Does that need to be clarified or is that standard practice? >> I believe they would have whatever the quorum is under their rules, they have a constitutional quorum in their rules. >> That need to be clarified. >> [INAUDIBLE] is not dependent on how many are there, it's designed to guarantee that there is a fixed threshold at which you have to be in order to Take action. So I think it doesn't need clarification but we can add clarification that we want. >> Well a way, it is as com of the commission and I understand what you stand or practice is but some people might interpret that it can [INAUDIBLE] somewhere that's That advisable for >> Okay that's fine. >> So for example the rules say that forum of house standing committee is the chair and five members or majority whatever is fewer. So you can use that to figure out that it is the fix number and then. Regardless how many members have already given >> I have a question. >> I want to ask Representative Charles. >> Thank you Mr. Chair page nine provisions of treatment for effective community supervision report. Is this a new report? Something new? >> No sir this report has been and is actually in statute with clarified several years ago. The treatment for effected community supervision was established under the justice reinvestment act in 2011 and so this report has been required of that program since then. The department has made several changes how Out there using those funds and to what's required as the vendors who are providing services with those funds. And so the report that they currently give them really gives us information that the department is working very hard to gather. And the vendors are working very hard to gather. So this basically allows them to give us That data, give you all that data that they are currently collecting. >> Follow up Mr. Chair. >> I see it's receipted as reduction services, will this include reentry Councils >> So there's actually separate report for the Reentry Council on page 10 I mean this will all be in the same report but there's a separate section for the local Reentry Councils. >> Follow up >> Follow up >> Just a comment, under my comment. >> Comment. >> I think there's a well established system of providers Looking at state of [INAUDIBLE] reduction services. And I think one of the concerns and I've expressed this concern with the folks that are in charge of this programs as in providers are doing a good job I think with the funds they are getting. But I think they're underwater when they begin providing this services so I hope that this is something this report will look at as well. When you look at the quality of services and outcome, cuz I think every provider wants to have a positive outcome. And they want to certainly meet those milestones. But it's kinda hard in this environment when you're trying to do that. Provide the services when you already Financially underwater. So I hope that this is something that will [INAUDIBLE] that considered. Thank you. >> Other questions? >> Okay. I'm turning to page 14, there is that follows with the previous Previous provision this direct idea to study the way capital cases are prosecuted in the state. This begun with the recommendation one of the JPS oversight subcommittee who and they were concerned express about the cost of capital cases. So this reflects that concern and also decentralizes or looks at

decentralizing capital defenders office and developing local offices to handle those cases. >> [INAUDIBLE] >> I guess it's not directly to what you jut said but we, in one of sub-committees we talked about having ideas to get the report to the point that we could follow a case from beginning to end. Even with a digital capital case, and I just wonders that's been done, quarter back financials that report we can put together and we can get back >> [INAUDIBLE] [BLANK_AUDIO] Thomas my director of ideas, I believe that there's a provision and it may be in the bill that's amending the idea fact that includes the requirement that the report, or in our reports includes final cost for capital cases. I know I've seen that provision, I may be mis-remembering where it is. So it is our expectation that information will be included I believe is part of the annual report. >> Follow up. >> Follow up. >> When do we anticipate that report? >> The bill [INAUDIBLE] I think has that provision. Bill on the floor [CROSSTALK] yesterday. >> You know the day [INAUDIBLE] the reports do [CROSSTALK]. >> Tell us more her ideas. I believe her annual report is due like March first or something is, part of the regular annual report is my understanding. >> [INAUDIBLE] >> Page 15, this is in two different Information only it will be moved to the front of the bill. This appropriate to IDS this summer, 5 million and $100,000 for the 2015 fiscal year to pay for private signed council attorney. Mr. Chair that'a all I have, 15 is okay. >> Really? [BLANK_AUDIO] Thank you Mr. Chair. Page 16 is the AIC provision. The first one is borrow plate provision related to he grant funds and allows, they had mentioned It's up to $1.5 million for grand March. This is with in the budget last year but was only for one year. Page 17 the collection worthless cheque funds again a provision that was in last year but for whatever reason did not cover the biennium to extending authority to expend funds from the collections of worthless check funds in 216. In 17. Page 18, you've seen this provision before, you passed it in your budget last year I think you passed it in your budget the year before. So here it is again. This provision is making a technical correction to the statute To bring the statute into line with what is actual practice in administrative office of the court. The statute list s out a number of ADA's for each district. It is in conflict with what the workload formula says these districts should have. There are three district person Caswell, Orange Chatham and Minion that have one fewer ADA than what the statute says. And there is one district Mecklenburg that has three more than what the statute says. However, according to the workload formula, those three districts that are short according to the To the statute are not sure according to the work load formula. I've provided for you a sheet that shows the comparison between the statute and the workload formula so you can see for each district. There are some districts that have fewer [INAUDIBLE] than the workload formula requires. So Work laid formula is not only funded, but you have a problem and that you've got a law that direct AP to disturbing the 88 in a certain way, and that law in complex with the other piece of legislation you have variously which tells them to use a workload formula. so what this provision does is take out The statutory assignment of 88 and leave it entirely up to the workload formula. Mr Chair that's all the special provisions we have does anyone have any questions? >> Thank you [INAUDIBLE] Explanation of the [INAUDIBLE] And really short, I understand that a part of their philosophy of meeting into trial must have their cases. Looking at this several counties, particularly [INAUDIBLE] have a lot of positions that are grant funded, what costs of grant are

there and perhaps getting the grant funded attorneys. >> If someone would like to respond to that. [BLANK[AUDIO] my name is [INAUDIBLE] Banks and I'm the DA in the 24th traditional district, to answer your question I know Mecklenberg county many of their positions are actually locally funded, so they are funded through their local county commission city council there in shallot Mecklenberg. My district is very rule I have five different five different county governments I deal with the possibility of getting funding from any one of those county governments is very small given their lended budget and resources, in addition to that because of the size of my district the opportunity to pursue grand is limited because often times these grants are twitch tops specifics so you have a domestic violence grant that only covers the prosecution of domestic violence cases. In my district I need utility Players that can work with a [INAUDIBLE] Case or Mr. Burnes case so if that answers your question which from my perspective. >> All of it. >> All of it. >> And I recognized from fight of the more rural areas as not having that understand some [UNKNOWN] That they do have specific Special types of [UNKNOWN] But I'm just curious is there a way we can get some floating D.A.'s that handle general things that keep going from district to district to help get the transplants out or do whatever. Just a thought because we do have special needs that for example [INAUDIBLE] about having to go back and prosecute a murder that was eight years old. Which didn't put two people out there doing [INAUDIBLE] what goes on around them. And do we have a way that even [INAUDIBLE] services have somebody that is able to go and help the [ counties in the times of need. AOC respond to that anybody here? >> Administrative office of the court. Their is a statute that allows the director to send a district attorney to another district under certain circumstances but again it doesn't allow us any more positions that what we currently have. So it is an issue with funding. >> Representative Daughtry I think it would be a good idea [INAUDIBLE] formula is to include unusual situation [INAUDIBLE] working out the workload formula [INAUDIBLE] directly to do that in conjunction with DA. So that they know better than anyone their needs I hope that the DA district attorney [INAUDIBLE] to make sure that the workload the formula is fair to everybody what we were trying to do is take the politics out of our systems begins. What time to review our strong political figure yet you can get us a district attorney on the district if you didn't add any end source at the beginning. So this simply, our effort is to [BLANK-AUDIO]. Representative [INAUDIBLE]. >> Thank you, I just want to see what the practical implications these are to each district, if we pass this and I bet someone said that Mecklenberg county maybe has three more ADA's than they need, does that mean that if we pass this the past season is gonna take 3ADA's away from Mecklenberg county and reassign them, it's gonna affect people that are actually working now so I guess that's my question. >> Thank you Mr. Chair, representative [INAUDIBLE] the crime packet is out of line with what the statue says. The ray of sea is actually violating a lot right now because Mecklenberg have three more and those three districts have one each left, so what this does is bring actual practice in the line with the law. If we don't include this then the question is whether or not AIC should continue to violate the law or move at three positions from Mecklenberg county to those districts that are structurally supposed to have them. [INAUDIBLE] They are. Yeah

>> [INAUDIBLE] >> Yeah but you still [INAUDIBLE] >> Representative [UNKNOWN] Mr. Chair if it's okay. Just to clarify that one of the questions that the committee may wanna consider not necessarily this This year but next year is whether or and how much weight to go to districts who do have [INAUDIBLE] and locally funded and grab one of that and should the workload formula only consider what the state should provide. [BLANK_AUDIO] Representative Steven. >> You are not saying [INAUDIBLE] pointed out that we don't want a punishment for both for getting [INAUDIBLE] solutions but If you just looked at [UNKNOWN] formula they've got three more from state supported funds. So they should be well over compensated even with their 23 extra positions. Instead on the [UNKNOWN] formula it says 59 and we've been giving them 62. So there's 3 over what we [INAUDIBLE] [INAUDIBLE] We don't care about that. >> If we remove them they can fund them. [BLANK_AUDIO] >> Obviously there's some questions Questions on implementation here we need to talk further about this, any other questions for Ms [INAUDIBLE] [BLANK_AUDIO] [BLANK_AUDIO] Okay some of us have To have another committee [INAUDIBLE] and I wanna give you time to think if you have any amendments you might wanna work on. What we're gonna do is recess until immediately after the session. And so when the session is concluded we'll come back here and if you have any amendments or we have any Have anything extra from staff that we need to present, at that time we will do that. So - >> Mr. Chair staff is available >> Yes. >> staff is available, members have- >> Staff will be available if you need assistance >> [INAUDIBLE] [INAUDIBLE] >> So you can leave your stuff here and we'll reconvene back here immediately after the session. [BLANK_AUDIO]