HomeMy WebLinkAboutAgenda - 05-17-1994-IX-C 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. 3:
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 17 , 1994
SUBJECT: North Carolina State - County Criminal Justice
Partnership Act
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DEPARTMENT: Manager PUBLIC HEARING: YES. NO. X
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ATTACHMENT(S) : INFORMATION CONTACT:
Manager's Office - ext. 2300
RATIFIED HOUSE BILL 281
TELEPHONE NUMBER
Hillsborough - 732-8181
Chapel Hill -- 968-4501
Mebane - 227-2031
Durham - 688-7331
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PURPOSE: To receive a report on the status of the North Carolina
State-County Criminal Justice Partnership Act; and
authorize an Orange-Chatham County Work-Group to
develop possible cooperative initiatives.
BACKGROUND: The above referenced Act was approved in July 1993
and made effective April 1994 . The state's policies
and objectives for this Act are described in the
attached copy of the Ratified Bill. Grant funds are
provided to counties to develop community based
correction programs to appropriately address
criminal behavior, provide effective rehabilitative
services and to expand sentencing options for
offenders receiving nonincarcerative sentences.
A county or grouping of counties may apply for grant
funds by vote of the Board of Commissioners. A
Criminal Justice Partnership Advisory Board must be
formed, the structure and membership of which is
described on page five of the Act. This Board must
develop a community-based corrections plan from a
planning process that examines the local criminal
justice system, proposes strategies for improving
the system, identifies specific programs, and
determines criteria for evaluation.
2
Recently at NCACC district meetings, the Chair and
Manager have had the occasion to discuss the idea
of pursuing cooperative efforts with Chatham County
representatives. Such a multi-jurisdictional effort
is encouraged by the Act and the fact that Orange
and Chatham share the same Judicial District and
Mental Health Area Program promotes the idea of
coordination. During these recent discussions, it
was agreed that we would recommend that both Boards
of Commissioners establish a work group that would
determine the feasibility and desirability of
Chatham and Orange working together
on this project. The workgroup would be composed of
a Commissioner from each county, the two County
Managers, the two County Sheriffs, the District
Attorney, and the Executive Director of OPC Mental
Health. This group would review the issues and as
quickly as possible advise each county board whether
or not to pursue a multi-county effort. The
Department of Corrections indicates that Chatham
County would receive approximately $57, 100 while
Orange County would receive approximately $94 , 000
(annually) .
RECOMMENDATION(S) : The County Manager recommends that the Board
of County Commissioners authorize the forma-
tion of a workgroup composed of a Commis-
sioner from each County, the two County
Managers, the two County Sheriffs, the
District Attorney, and the Executive Director
of OPC Mental Health to determine the
feasibility and desirability of Chatham and
Orange Counties pursuing multi-county
programs under the Act and to report to the
respective Boards within 45 days.
3
GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
RATIFIED BILL
CHAPTER 534
HOUSE BILL 281
AN ACT TO CREATE A STATE-COUNTY CRIMINAL JUSTICE PARTNERSHIP
IN NORTH CAROLINA.
The General Assembly of North Carolina enacts:
Section 1. Chapter 143B of the General Statutes is amended by adding a
new Article to read:
"ARTICLE 6A.
"North Carolina State-Countv Criminal Justice Partnership Act.
"& 143B-272. Short title.
This Article is the `North Carolina State-Countv Criminal Justice Partnership Act
of 1993' and may be cited by that name.
"& 143B-272-.1: -Legislative volicv.
The policy of the General Assembly with respect to the State-county criminal
Justice partnership is: --A
LU To support the implementation of the recommendations of the
North Carolina Sentencing and Policy Advisory Commission by
12roviding- supplemental community-based corrections programs
which appropriately punish criminal behavior and which provide
effective rehabilitative services:
To expand sentencing options by adding community-based
corrections programs for offenders receiving a nonincarcerative
sentence:
To promote coordination between State and county community-
based corrections programs: and
To improve public confidence in the criminal iustice system by
educating the public on the role of community-based corrections
programs.
"& 143B-272.2. Definitions.
The following definitions apply in this Article:
Account -- The State-County Criminal Justice Partnership
Account.
LQ County Board -- A County Criminal Justice Partnership Advisory
Board.
LL Department. -- The Department of Correction.
Multi-County Board. - A Multi-County Criminal Justice
Partnership Advisory Board.
Plan. -- A Community-Based Corrections Plan.
Program -- A Community-Based Corrections Program.
L%� Secretary. -- The Secretary of the Department of Correction.
4
State Board -- The State Criminal Justice Partnership Advisory
Board.
"& 143B-272.3. Goals of community-based corrections programs funded under this
Article.
The goals of community-based programs funded under this Article include:
N 3 1 To reduce recidivism;
2 To reduce the number of probation revocations:
To reduce alcoholism and other drug dependencies among
offenders: and
To reduce the cost to the State and the counties of incarceration.
"$ 143B-272.4. Eligible population.
(a) An eligible offender is an adult offender who either is in confinement awaiting
trial or was convicted of a misdemeanor or a felonv offense and received a
nonincarcerative sentence of an intermediate punishment or is serving a term of post-
release supervision after completing an active sentence of imprisonment.
(b) The priority populations for programs funded under th-is Article shall be:
1 Offenders sentenced to intermediate punishments; and
Offenders who are appropriate for release from iail prior to trial
under the supervision of a pretrial monitoring_pro rg am.
"$ 143B-272.5. State-Countv Criminal justice Partnership Account established.
The State-County Criminal Justice Partnership Account is created within the
Department of Correction Revenue in the Account may be used only to make
grants to counties for supplementary community-based correctional programs for
eligible offenders in accordance with this Article. Revenue appropriated to the
_ Account does not revert at the end of the fiscal vear: it remains in the Account for
expenditures in the following fiscal year.
"$ 143B-272.6. State Criminal justice Partnership advisory Board:ftembers: terms;
chairperson. lee
(a) There is created the State Criminal Justice Partnership.Advisory Board. The
State Board shall act as an advisory bodv to the Secretary with regards to this Article.
The State Board shall consist of 21 members as follows:
1) A member of the Senate.
Q A member of the House of Representatives.
A judge of the Superior Court.
(4) A jud,ge of the district court.
5) A district attorney.
6 A criminal defense attornev.
7 A county sheriff.
8 A chief of a city police department.
9 Two county commissioners one from a predominantly urban
county and one from a predominantly rural county.
(10) A representative of an existing community-based corrections
program.
11 A member of the public who has been the victim of a crime.
(124 A rehabilitated ex=offender.
L131 A member of the business community.
(j4j Three members of the general public, one of whom is a person
recovering from chemical dependency or who is a previous
consumer of substance abuse treatment services.
M A victim service provider.
A member ,elected from each of the following service areas:
mental health substance abuse. and employment and training.
(b) The membership of the State Board shall be selected as follows:
Page 2 House Bill 281
5
• 1 The Governor shall a
ppoint the following members: the county
sheriff, the chief of a city police department the member of the
-• public who has been the victim of a crime a rehabilitated ex-
offender, the members selected from each of the service areas
The Lieutenant Governor shall appoint the following members: the
member of the business community, one member of the general
public who is a person recovering from chemical dependency or
who is a previous consumer of substance abuse treatment services
the victim service provider.
The Chief Justice of the North Carolina Supreme Court shall
appoint the following members: the superior court judge the
district court iudge, the district attornev, the criminal defense
attorney, the representative of an existing community-based
corrections program.
The President Pro Tempore of the Senate shall appoint the
following members: the member of the Senate, the county
commissioner from a predominantly urban county, one member of
the general public.
The Speaker of the House shall appoint the following members:
the member of the House of Representatives. the county
commissioner from a predominantly rural county, one member of
the general public.
In appointing the members of the State Board, the appointing authorities shall
make every effort to ensure fair geographic representation of the State Board
membership and that minority persons and women are fairly represented.
(c) The initial members shall serve staggered terms, one-third shall be appointed
for a term of one vear. one-third shall be appointed for a terFn- of two years. and one-
third shall be appointed for a term of three years. 'The members identified in
subdivisions ( 1) through (7) of subsection (a) of this section shall be appointed
initially for a term of one vear. The members identified in subdivisions (8) through
(13) in subsection (a) of this section shall be appointed initially for a term of two
vears. The members identified in subdivisions ( 14) through ( 16) of subsection (a) of
this section shall each be appointed for a term of three years.
At the end of their respective terms of office their successors shall be appointed for
terms of three years. A vacancy occurring before the expiration of the term of office
shall be filled in the same manner as original appointments for the remainder of the
term. Members may be reappointed without limitation.
(d) Each appointing authority shall have the power to remove a member it
appointed from the State Board for misfeasance, malfeasance. or nonfeasance.
(e) The members of the State Board shall, within 30 days after the last initial
appointment is made, meet and elect one member as chairman and one member as
vice-chairman.
�f) The State Board shall meet at least quarterly and may also hold special
meetings at the call of the chairman. For purposes of transacting business. a majority
of the membership shall constitute a quorum.
(g) Any member who has an interest in a governmental agency or unit or private
nonprofit agency which is applying for a State-County Criminal Justice Partnership
grant or which has received a grant and which is the subject of an inquiry or vote by
a grant oversight committee. shall up blicly disclose that interest on the record and
shall take no part in discussion or have any vote in regard to any matter directly
affecting that particular grant applicant or grantee. 'Interest- in a grant applicant or
grantee shall mean a formal and direct connection to the entity, including, but not
limited to, employment, partnership. serving as an elected official, board member,
House Bill 281 Page 3
6
director, officer, or trustee or being an immediate family member of someone who '
has such a connection to the grant applicant or grantee.
(,h) The members of the State Board shall serve without compensation but shall be
reimbursed for necessary travel and subsistence expenses.
143B-272.7. Duties of State Criminal Justice Partnership Advisory Board.
The State Criminal Justice Partnership Advisory Board has the following duties:
P 21 To recommend community-based corrections program priorities:
To review the application process and procedures for funding
community--based corrections programs, including the format for
comprehensive community-based corrections plans:
To review the criteria for monitoring and evaluating community-
based corrections programs:
To distribute an annual plan which describes the community-based
corrections program priorities. and the application process and
procedures for funding_ community-based corrections programs,
including the format for comprehensive community-based
corrections Mans The annual plan must also announce the
amount of funds approp-riated to the State-County Criminal Justice
Partnership Account,
To coordinate community-based corrections programs administered
by the state agencies and grograms funded under this Article:
To review plans of participating counties and. based on the State
Board's annual plan to make recommendations to the Secretary to
provide grant funding to counties for implementing and operating
community-based corrections programs: and
To review the minimum program standards, policies, and rules for
community-based corrections programs. ,
To evaluate the effects of categories of programs funded by this
Article and prepare a written report.
"& 143B-272.8. Duties of Department of Correction.
In addition to those otherwise provided by law, the Department of Correction shall
have the following,duties:
W To provide technical assistance to applicants in developing,
implementing. monitoring. evaluating, and operating community-
based corrections programs.
To enter into contractual agreements with county boards for the
operation of community-based corrections programs and monitor
compliance with those agreements.
( To act as an information clearinghouse regarding community-based
corrections programs.
To review plans of participating counties and to approve grants
based on applications to assist them in the implementation and
operation of community-based corrections programs.
To develop policies and procedures for the disbursement of rg ant
funds to participating counties on a reimbursement basis.
To develop the minimum p-rogram standards, policies, and rules
for community-based corrections programs.
L7� In instances of substantial noncompliance, the Secretary shall
notifv the board or boards of county commissioners, the county
community corrections advisory board, and the chief_administrator
of the program in writing.of the allegations and allow 60 days for a
response If an agreement is reached concerning a remedy. then
the Secretary shall allow 30 days following that agreement for the
Page 4 House Bill 281
7
remedy to be implemented. if the deficiencies are not corrected
within this period. then the Secretary may, upon written notice
- suspend any or all of the grant funds until compliance is achieved
"§ 143B-272.9. Election to apply for funding.
A county may elect.to apply for funding under this Article by a vote of the board
of county commissioners approving, the decision to apply, and by appointing a county
criminal justice partnership advisory board. Two or more counties by vote of the
board of county commissioners of each county, may agree to create a multicounty_
board instead of a county board. A multicounty board shall perform the same
functions as a county board for each county that participates in establishing the
multicounty board. The board or boards of county commissioners shall notify the
Secretary of the intent to apply for funds within 60 days of receiving notification of
the availability of funds and may request technical assistance to develop the
community-based corrections plan.
"§ 143B-272.10. County Criminal .justice Partnership Advisory Boards: members-,
terms: chairperson.
La) A county board or a multicounty board shall consist of not less than 10
members and shall, to the greatest extent possible, include the following
A county commissioner. In the case of a multicounty community
corrections advisory board, one county commissioner from each
participating, ounty shall serve as a member.
A county manager, or the county manager's designee.
A judge of the superior court.
-4 A judge of the district court.
A district attorney, or the district attorney's designee.
A criminal defense attorney.
A public defender. --�
(8) A county sheriff, or the sheriff's designee.
A chief of a city police department. or the police chief's designee.
10 A probation officer. -
11 A community service coordinator.
12 One member selected from each of the following service areas
which are available in the county or counties: mental health. public
health, substance abuse, emplovment and training, community-
based corrections programs. victim services programs.�
13 A member of the business community.
14 A member of the community who has been a victim of a crime.
15 Members at large, including persons who are recovering from
chemical dependency or are previous consumers of substance
abuse treatment services.
(b) In the case of a single county board, the board of county commissioners shall
appoint the members. In the case of a multicounty board. the board of county
commissioners from the participating counties shall each appoint one commissioner
as a member. These members shall appoint the other members. The board of county
commissioners may designate an existing board which meets the requirements of this
section to serve as the Countv Criminal Justice Partnership Advisory Board. A
member may be removed, with cause, by the group authorized to make the initial
appointment.
(c) Before an appointment is made under this section, the a112ointing,, authoritv
shall publish advance notice of the aRpointments and shall request that the names of
persons interested in being_ considered for appointment be submitted to the
appointing authority. In appointing the members of a county board, the county shall
make every effort to ensure that minority persons and women are fairly represented.
House Bill 281 Page
8
(d) The initial members of the county board appointed by the board or boards of
county commissioners shall serve staggered terms one-third shall be appointed for a
term of one vear, one-third shall be appointed for a term of two years, and one-third
shall be appointed for a term of three years Members appointed by virtue of their
office serve only while holding the office or position held at the time of appointment.
A vacancv occurring before the expiration of the term of office shall be filled in the
same manner as original appointments for the remainder of the term. Members may
be reappointed without limitation.
(e) The members of the county board shall within 30 days after the last initial
appointment is made meet and elect one member as chairman and one member as
vice-chairman and appoint a secretary-treasurer who need not be a member. For
purposes of transacting business a majority of the membership constitutes a Quorum.
(f) The county board shall meet at least quarterly and may also hold special
meetings at the call of the Chairman.
(g) Any member who has an interest in a governmental agency or unit or private
nonprofit agency which is applying for a State-County Criminal Justice Partnership
Act grant or which has received a grant and which is the subject of an inquiry or vote
by a grant oversight committee shall publicly disclose that interest on the record and
shall take no12art in discussion or have any vote in regard to any matter directly
affecting that particular grant applicant or grantee. `Interest' in a grant applicant or
grantee shall mean a formal and direct connection to the entity, including, but not
limited to employment partnership serving as an elected official board member,
director, officer or trustee. or being an immediate family member of someone who
has such a connection to the grant applicant or rages ntee.
(,h) The board or boards of county commissioners shall provide necessary
assistance and appropriations to the county board established for that county or
counties. -110
'I 143B-272.11. County Criminal Justice Partnership Advisorl Boards: flowers and
duties.
The Countv Criminal Justice Partnership Advisory Board shall have the following
powers and duties:
(1) To participate in a planning process to develop a Community-
Based Corrections Plan. The purpose of this planning_process is
to:
a. Examine the local criminal justice system;
b. Identify problem areas:
C. Identify offender groups for programs:
d. Propose strategies for improving the local criminal justice
system:
e. Identify a specific community-based program that is needed;
f. Plan a method for integrating the needed community-based
program into the existing local criminal justice system:
>~ Develop criteria for evaluating the impact of the
community-based grogram: and
h Improve coordination at the local level between State and
county community-based corrections programs.
(2) To submit the plan to the boards of county commissioners for
a1212roval within one year of the last appointment to the county
board This plan shall include all of the elements required by this
section.
To review and revise the plan and make a formal recommendation
to the board or boards of county commissioners at least annuallv
Page 6 House Bill 281
9
concerning the plan and its implementation and operation during
V' the ensuing year.
To monitor and evaluate the impact of the community based
corrections program and prepare a written report
"$ 143B-272.12. Communitv-Based Corrections Plan
(a) The Community-Based Corrections Plan shall include the following
A flowchart of , the criminal justice system which describes
processing steps from the point of arrest through conviction to
post-release supervision after completing an active sentence of
imprisonment. The flowchart shall identify all decision points
decision makers and options:
Number and rate of arrest convictions admissions to probation
jail. prison, and post-release supervision:
Arrest practices and data including the use of citations:
4 Pretrial release practices and data on type of release and bond
amounts:
Procedures for assignment of indigent counsel:
6 Court procedures for reducing bond amounts:
7 Jail capacity and population data by type of offender;
8� The tail population by type of offender tvpe of offenses and
average length of stay:
(99) Existing State and county community-based corrections programs
pretrial, sentenced and post-release) including tartlet population
program activities. profile of offenders entering and released from
the programs. length of stay, and completion rates:
10 Education, vocationiemplovment health mental health housing,
and other social services which are available-to offenders: and
11 Number of offenders who received an active sentence in the 12ast
two vears. including type of offense le gth of-sentence and actual
time.served.
(b) Based on the information collected in subsection (a) of this section the plan
shall include a detailed description of the need for the proposed community based
corrections program. the offender population the proposed program will target the
changes that are planned in local policies and procedures to accommodate the
proposed program. and how the pro o� sed program will be integrated into the
criminal iustice system.
(c) The proposed program shall target adult offenders who either are in
confinement awaiting trial, were convicted of a misdemeanor or a felony offense and
received a nonincarcerative sentence of an intermediate punishment or are serving_a
term of post-release supervision after completing active sentences of imprisonment
The priority populations shall be offenders sentenced to intermediate punishments
and offenders who are appropriate for release from jail prior to trial under the
supervision of a pretrial monitoring program
(d) Technical assistance to complete the plan shall be provided either by the
Department. or the Department shall grant funds to the county for technical
assistance. If a county receives technical assistance funds the county must provide
twenty-five percent (25%) of the grant amount
"§ 143B-272.13. Application for implementation funding
(a) Upon approving the Community-Based Corrections Plan the board or boards
of county commissioners shall submit the plan and an application for implementation
funding. The application shall contain the following:
House Bill 281 Page 7
10
A description of the problem including specific data and
information concerning the population the proposed community-
based corrections program is to serve.
(2) A description of the grogram's oag� 1 objective, activities and how it
relates to the annual plan distributed by the State Board.
A description of the operation of the program, including an outline
of the approach implementation steps and phases of the program,
its administrative structure staffing_pattern, staff training,
financing degree of community involvement, and offender
participation.
A description of the program's monitoring criteria, outlining the
documentation and records to be maintained.
A description of the method for evaluating the impact of the
program.
6 The identitv of anv designated contractor.
In the case of a multicounty community-based corrections plan,
provisions for the appointment of a fiscal agent to coordinate the
financial activities pertaining to the grant award.
A detailed budget for the program.
(b) The Secretary shall complete the review of the plan within 90 days of
submission Failure to disapprove or recommend amendment to the plan within 90
days shall constitute approval.
"$
143B-272.14. Fundable programs, corrections programs.
(a) Fundable programs under this Article shall include community-based
corrections programs which are operated under a county community-based
corrections plan and funded by the State subsidy provided in this Article. Based on
the Drioritized populations in G S 143B-272.4. the programs may include, but are not
limited to, the following:
M For offenders who receive intermediate punishments:
a. Residential facilities:
b:
Day reporting centers: .
C. Restitution centers:
d. Substance abuse services:
e. Employment services:
For offenders who are appropriate for release from jail prior to
trial:
a. Pretrial monitoring services:
5' Pretrial electronic surveillance:
For offenders who are serving a term of post-release supervision
after completing active sentences of imprisonment:
a. Aftercare support services.
(c) When a county receives more than fifty thousand dollars (530.000) in
community based corrections funds then that county shall use at least fifty percent
50%) of those funds to develop programs for offenders who receive intermediate
punishments. . -
(bb Community-based corrections funds may be used to operate programs and
may also be used to construct acquire or renovate community facilities established to
provide the programs and services set forth in subsection (a) of this section.
Construction and renovation funds may not be used for jails. Construction and
renovation funds may not be used to reimburse exi2enses for any facilities renovated
before the effective date of this Article.
"$ 143B-272.15. Funding formula.
Page 8 House Bill 281
11
To determine the grant amount for which a county or counties may apply the
-granting authority shall apply the following formula-
(a) Twenty percent (20%) of the total fund shall be distributed in the discretion of the Secretary to encourage innovative efforts to devel
•p multtcounty projects: to
encourage cooperation and collaboration among existing services and avoid
duplication of efforts: to encourage the renovation of existing facilities, to
encourage innovative substance abuse programs.
b Of the remaining eighty percent (80%) of the fund a total funding amount
w_ ill be set for each county based upon the following variables:
Twenty percent (20%) based on a fixed equal dollar amount for
each county:
!� Sixty percent (60%) based on the county share of the State
population; and
(33) Twenty percent (20%0) based on the supervised probation
admissions rate for the county.
The sum of the amounts in subdivisions (1) (2) and (3) is the total amount of the
funding that a county may apply for under this subsection
"§ 143B-272.16. Continued eligibility.
(a) To continue to receive funding under this Article a county shall submit an
updated application for implementation funding to the Secretary at the beginning of
each fiscal year.
(b) To remain eligible for funding. a county shall:
Comply with its community-based corrections plan:
Submit monitoring reports as required by the Department: and
01 Comply with the minimum standards adopted
(c) If the Secretary suspends any or all of the grant funds the county may request
a hearing in accordance with Chapter 15OB of the General Statutes.
"§ 143B-272.17. Termination of participation in program
A county receiving financial aid under this Article maw terminate its participation
by delivering a resolution of the board or boards of county commissioners to the
Secretary at the beginning of any calendar quarter. Upon withdrawal from the-
program. the board or boards of county commissioners may adopt a resolution stating
that it is in the best interests of the county that the county community corrections
advisory board be dissolved. whereupon the county commissioners shall pav and
discharge any debts or liabilities of the advisory board collect and distribute assets of
the advisory board under the laws of North Carolina and pay over any remaining
proceeds or property to the„proger fund.
"§ 143B-272.18 Private nonprofit agencies participating in program
After the county criminal justice partnership advisory board has developed a plan
and the board or boards of county commissioners has reviewed it. if the county
decides that it does not intend to operate the proposed program the county criminal
iustice partnership advisory board shall recommend the appropriate deliverer of
services and the county may contract for services
"§ 143B-272.19. Prohibited uses of funds.
(a) Counties may not use funds received under this Article to supplant or replace
existing funds or other resources from the federal. State or county government for
existing community-based corrections programs.
(b) Counties may not use funds received under this Article for indirect costs
associated with a program."
House Bill 281 Page 9
12
Sec. 2. This act becomes effective January 1, 1994. Grants administered
under this act shall become effective July 1, 1995. The Department of Correction
may use funds available to support the administration of the State-County Criminal
Justice Partnership program effective January 1, 1994.
in the General Assembly read three times and ratified this the 24th day of
July, 1993.
DENNIS A WICKER
Dennis A. Wicker
President of the Senate
DANIEL BLUE JR
.Daniel Blue, Jr.
Speaker of the House of Representatives
r
Page 10 House Bill 281