GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2019
SESSION LAW 2019-171
HOUSE BILL 108
AN ACT To improve data collection and cost recovery practices for health care services FOR safekeepers, as recommended by the Joint Legislative program evaluation Committee.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 162‑39 reads as rewritten:
"§ 162‑39. Transfer of prisoners when necessary for safety and security; application of section to municipalities.
(a) Whenever necessary for the safety of a prisoner held in any county jail or to avoid a breach of the peace in any county or whenever prisoners are arrested in such numbers that county jail facilities are insufficient and inadequate for the housing of such prisoners, the resident judge of the superior court or any judge holding superior court in the district or any district court judge may order the prisoner transferred to a fit and secure jail in some other county where the prisoner shall be held for such length of time as the judge may direct.
(b) Whenever necessary to avoid a security risk in any county jail, or whenever prisoners are arrested in such numbers that county jail facilities are insufficient and inadequate for the housing of such prisoners, the resident judge of the superior court or any judge holding superior court in the district or any district court judge may order the prisoner transferred to a unit of the State prison system designated by the Secretary of Public Safety or his authorized representative. For purposes of this subsection, a prisoner poses a security risk if the prisoner:
(1) Poses a serious escape risk;
(2) Exhibits violently aggressive behavior that cannot be contained and warrants a higher level of supervision;
(3) Needs to be protected from other inmates, and the county jail facility cannot provide such protection;
(4) Is a female or a person 18 years of age or younger, and the county jail facility does not have adequate housing for such prisoners;
(5) Is in custody at a time when a fire or other catastrophic event has caused the county jail facility to cease or curtail operations; or
(6) Otherwise poses an imminent danger to the staff of the county jail facility or to other prisoners in the facility.
(b1) The Department of Public Safety, Health Services Section, shall maintain records of prisoners transferred to a unit of the State prison system pursuant to subsection (b) of this section. The records shall utilize unique identifiers for each transferred prisoner and shall include all of the following information:
(1) The date the transfer order was received.
(2) The statutory basis upon which the order was granted.
(3) The date the prisoner was transferred to State custody.
(4) The State prison facility where the prisoner was transferred.
(5) The county where the prisoner was removed.
(6) The dates the prisoner received health services from the Department.
(7) A list of health services provided to the prisoner and the corresponding charges.
(8) The date the Department determined that the prisoner no longer needs health services to be provided by the State prison system.
(9) The date and method used by the Department to notify the county that the prisoner should be transferred back to the custody of the county.
(10) The date that the prisoner is returned to the custody of the county.
(c) The sheriff of the
county from which the prisoner is removed shall be responsible for conveying
the prisoner to the jail or prison unit where he the prisoner is
to be held, and for returning him the prisoner to the common jail
of the county from which he the prisoner was transferred. The
return shall be made at the expiration of the time designated in the court
order directing the transfer unless the judge, by appropriate order, shall
direct directs otherwise. The sheriff or keeper of the jail of the
county designated in the court order, or the officer in charge of the prison
unit designated by the Secretary of Public Safety, shall receive and release
custody of the prisoner in accordance with the terms of the court order. If a
prisoner is transferred to a unit of the State prison system, the county from
which the prisoner is transferred shall pay the Division of Adult Correction
and Juvenile Justice of the Department of Public Safety for maintaining the
prisoner for the time designated by the court at the per day, per inmate rate
at which the Division of Adult Correction and Juvenile Justice of the
Department of Public Safety pays a local jail for maintaining a prisoner. The
county shall also pay the Division of Adult Correction and Juvenile Justice of
the Department of Public Safety for the costs of extraordinary medical
care incurred while the prisoner was in the custody of the Division of Adult
Correction and Juvenile Justice of the Department of Public Safety, defined as
follows:
(1) Medical expenses incurred
as a result of providing health care to a prisoner as an inpatient (hospitalized);(hospitalized).
(2) Other medical expenses
when the total cost exceeds thirty‑five dollars ($35.00) per occurrence
or illness as a result of providing health care to a prisoner as an outpatient (nonhospitalized);
and(nonhospitalized).
(3) Cost of replacement of eyeglasses and dental prosthetic devices if those eyeglasses or devices are broken while the prisoner is incarcerated, provided the prisoner was using the eyeglasses or devices at the time of his commitment and then only if prior written consent of the county is obtained by the Division.
(4) Transportation and custody costs associated with the transfer of prisoners receiving health care outside of the prison facility. The county shall reimburse the State for services provided to the prisoner at the same mileage reimbursement rate and hourly custody rate that are reimbursed pursuant to the Statewide Misdemeanant Confinement Program.
(5) Cost of sick call encounters at the rate charged to State prison inmates.
(c1) If the prisoner is transferred to a jail in some
other county, the county from which the prisoner is transferred shall pay to
the county receiving the prisoner in its jail the actual cost of maintaining
the prisoner for the time designated by the court. Counties are hereby authorized
to enter into contractual agreements with other counties to provide jail
facilities to which prisoners may be transferred as deemed necessary under this
section.
(c2) Whenever prisoners are arrested in such numbers that
county jail facilities are insufficient and inadequate for the safekeeping of
such prisoners, the resident judge of the superior court or any superior or
district court judge holding court in the district may order the prisoners
transferred to a unit of the Division of Adult Correction and Juvenile Justice
of the Department of Public Safety designated by the Secretary of Public Safety
or his the Secretary's authorized representative, where the
prisoners may be held for such length of time as the judge may direct, such
detention to be in cell cells separate from that those used
for imprisonment of persons already convicted of crimes, except when admission
to an inpatient prison medical or mental health unit is required to provide
services deemed necessary by a prison health care clinician. The sheriff of the
county from which the prisoners are removed shall be responsible for conveying
the prisoners to the prison unit or units where they are to be held, and for
returning them to the common jail of the county from which they were
transferred. However, if due to the number of prisoners to be conveyed the
sheriff is unable to provide adequate transportation, he the sheriff may
request the assistance of the Division of Adult Correction and Juvenile Justice
of the Department of Public Safety, and the Division of Adult Correction and
Juvenile Justice of the Department of Public Safety is hereby authorized and
directed to cooperate with the sheriff and provide whatever assistance is
available, both in vehicles and manpower, to accomplish the conveying of the
prisoners to and from the county to the designated prison unit or units. The
officer in charge of the prison unit designated by the Secretary of Public
Safety or his the Secretary's authorized representative shall
receive and release the custody of the prisoners in accordance with the terms
of the court order. The county from which the prisoners are transferred shall
pay to the Division of Adult Correction and Juvenile Justice of the Department
of Public Safety the actual cost of transporting the prisoners and the cost of
maintaining the prisoners at the per day, per inmate rate at which the Division
of Adult Correction and Juvenile Justice of the Department of Public Safety
pays a local jail for maintaining a prisoner, provided, however, that a county
is not required to reimburse the State for transporting or maintaining a
prisoner who was a resident of another state or county at the time he the
prisoner was arrested. However, if the county commissioners shall certify
to the Governor that the county is unable to pay the bill submitted by the
Division of Adult Correction and Juvenile Justice of the Department of Public
Safety to the county for the services rendered, either in whole or in part, the
Governor may recommend to the Council of State that the State of North Carolina
assume and pay, in whole or in part, the obligation of the county to the
Division of Adult Correction and Juvenile Justice of the Department of Public
Safety, and upon approval of the Council of State the amount so approved shall
be paid from the Contingency and Emergency Fund to the Division of Adult
Correction and Juvenile Justice of the Department of Public Safety.
(c3) When, due to an emergency, it is not feasible to
obtain from a judge of the superior or district court a prior order of
transfer, the sheriff of the county and the Division of Adult Correction and
Juvenile Justice of the Department of Public Safety may exercise the authority
hereinafter conferred; provided, however, that the sheriff shall, as soon as
possible after the emergency, obtain an order from the judge authorizing the
prisoners to be held in the designated place of confinement for such period as
the judge may direct. All provisions of this subsection section shall
be applicable to municipalities whenever prisoners are arrested in such numbers
that the municipal jail facilities and the county jail facilities are
insufficient and inadequate for the safekeeping of the prisoners. The chief of
police is hereby authorized to exercise the authority herein conferred upon the
sheriff, and the municipality shall be liable for the cost of transporting and
maintaining the prisoners to the same extent as a county would be unless action
is taken by the Governor and Council of State as herein provided for counties
which are unable to pay such costs.
(d) Whenever a prisoner held
in a county jail requires medical or mental health treatment that the county
decides can best be provided by the Division of Adult Correction and Juvenile
Justice of the Department of Public Safety, the resident judge of the superior
court or any judge holding superior court in the district or any district court
judge may order the prisoner transferred to a unit of the State prison system
designated by the Secretary of Public Safety or his the Secretary's authorized
representative. representative for an initial period not to exceed 30
days. The sheriff of the county from which the prisoner is removed shall be
responsible for conveying the prisoner to the prison unit where he the
prisoner is to be held, and for returning him the prisoner to
the jail of the county from which he the prisoner was
transferred. The prisoner shall be returned when the attending medical or
mental health professional determines that the prisoner may be returned safely.
The officer in charge of the prison unit designated by the Secretary of
Public Safety shall receive custody of the prisoner in accordance with the
terms of the order and order. Prior to the conclusion of the 30‑day
period, the Division of Adult Correction and Juvenile Justice shall conduct an
assessment of treatment and venue needs. The assessment shall be conducted by the
attending medical or mental health professional and shall assess the medical
and mental health needs of the prisoner and make a recommendation on whether
the prisoner should remain in the custody of the Division of Adult Correction
and Juvenile Justice of the Department of Public Safety or if the prisoner
should be returned to the custody of the county. To extend the order beyond the
initial 30‑day period, the sheriff shall provide the Division of Adult
Correction and Juvenile Justice assessment and any other relevant information to
the resident judge of the superior court or any judge holding superior court in
the district or any district court judge who shall determine whether to extend
the transfer of the prisoner to a unit of the State prison system beyond the
initial 30‑day period. If the judge determines that the prisoner should
remain in the custody of the Division of Adult Correction and Juvenile Justice,
the judge shall renew the order and include a date certain for review by the
court. Prior to the date of review, the Division shall conduct a reassessment
of treatment and venue needs and the sheriff shall provide the reassessment and
any other relevant information to the court, as described in this subsection. If
the judge determines that the prisoner should not remain in the custody of the
Division of Adult Correction and Juvenile Justice, the officer in charge of the
prison unit designated by the Secretary of Public Safety shall release
custody of the prisoner in accordance with the court order and the instructions
of the attending medical or mental health professional. The county from which
the prisoner is transferred shall pay the Division of Adult Correction and
Juvenile Justice of the Department of Public Safety for maintaining the
prisoner for the period of treatment at the per day, per inmate rate at which
the Division of Adult Correction and Juvenile Justice of the Department of
Public Safety pays a local jail for maintaining a prisoner, and for
extraordinary medical expenses as set forth in subsection (c) of this section.
(e) The number of county prisoners incarcerated in the State prison system pursuant to safekeeping orders from the various counties pursuant to subsection (b) of this section or for medical or mental health treatment pursuant to subsection (d) of this section may not exceed 200 at any given time unless authorized by the Secretary of Public Safety. The Secretary may refuse to accept any safekeeper and may return any safekeeper transferred under a safekeeping order when this capacity limit is reached. The Secretary shall not refuse to accept a safekeeper because a county has failed to pay the Department of Public Safety for services rendered pursuant to this section.
(f) If, after 10 days of receiving notification and request for transfer from the Department of Public Safety pursuant to G.S. 148‑19.3(a), the sheriff fails to assume custody of the county prisoner from the State prison facility to which the prisoner was assigned, then, in addition to the actual cost of transporting the prisoner and the cost of maintaining the prisoner at the per day, per inmate rate at which the Division of Adult Correction and Juvenile Justice of the Department of Public Safety pays a local jail for maintaining a prisoner, the county shall be liable to the State for an additional per day, per inmate rate not to exceed twenty dollars ($20.00) for each day the sheriff fails to assume custody of the prisoner, unless the sheriff has obtained an extension of the order because the inmate cannot be safely housed in the local jail. The section chief of the Health Services Section may waive up to 10 days of the additional per day rate if the sheriff provides documentation of extenuating circumstances."
SECTION 2.(a) Article 2 of Chapter 148 is amended by adding a new section to read:
"§ 148‑19.3. Health care services to county prisoners.
(a) All charges that are the responsibility of the transferring county for health care services provided to prisoners held under a safekeeping order pursuant to G.S. 162‑39 shall not be paid by the Department and shall be submitted by the health care provider to the Inmate Medical Costs Management Plan through the North Carolina Sheriffs' Association for the Plan to review and negotiate all charges for health care services to avoid overpayment and reduce overall health care service costs. The Department shall notify the health care provider when services are being provided to the prisoner that the invoice for health care services shall be submitted by the provider directly to the Plan. In the event an invoice is sent to the Department by a health care provider for health care services provided to a safekeeper under this section, the Department shall forward the invoice to the Plan within three days of receipt. All unreimbursed charges for health care services provided shall be documented and presented to the county for payment in accordance with G.S. 162‑39. Upon expiration of the terms of the order and a determination that the prisoner may be safely returned to the custody of the county, the Department shall notify the sheriff, or the sheriff's designee, by telephone and electronic mail and request the transfer of the prisoner to the custody of the county.
(b) The Department shall update the medical services schedule of charges assessed to counties for the provision of health care services to county prisoners housed in the State prison system pursuant to safekeeping orders under G.S. 162‑39. In updating the schedule of charges, at a minimum, the Department shall consider the actual rate for services provided and current established Medicaid rates for respective services. The schedule of charges shall be updated annually and shall be included in the Department's policies and procedures. The Department shall assess charges to counties for health care services provided to county prisoners at all State prison facilities."
SECTION 2.(b) The Department shall submit a report on the updated medical services schedule of charges required in subsection (a) of this section to the Joint Legislative Oversight Committee on Justice and Public Safety on or before December 1, 2019.
SECTION 3. This act becomes effective October 1, 2019, and applies to all prisoners transferred on or after that date.
In the General Assembly read three times and ratified this the 15th day of July, 2019.
s/ Daniel J. Forest
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 12:08 p.m. this 26th day of July, 2019