Article 13.
Department of Public Safety.
§ 143B-600. Organization.
(a) There is established the Department of Public Safety. The head of the Department of Public Safety is the Secretary of Public Safety, who shall be known as the Secretary.
(b) The powers and duties of the deputy secretaries, commissioners, directors, and the divisions of the Department shall be subject to the direction and control of the Secretary of Public Safety, except that the powers and duties of the following agencies shall be exercised independently of the Secretary in accordance with the following statutes:
(1) The North Carolina Alcoholic Beverage Control Commission, in accordance with G.S. 18B-200.
(2) Repealed by Session Laws 2023-134, s. 19F.4(k), effective December 1, 2023. (2011-145, s. 19.1(b); 2011-183, s. 127(c); 2011-195, s. 1(d); 2011-260, s. 6(c); 2011-391, s. 43(a); 2012-83, ss. 8, 64; 2012-168, s. 5(b); 2013-289, s. 2; 2013-360, s. 16D.7(a); 2014-100, s. 15.2A(e); 2016-94, s. 17A.3; 2023-134, s. 19F.4(k).)
§ 143B-601. Powers and duties of the Department of Public Safety.
It shall be the duty of the Department of Public Safety to do all of the following:
(1) Provide assigned law enforcement and emergency services to protect the public against crime and against natural and man-made disasters.
(2) To plan and direct a coordinated effort by the law enforcement agencies of State government and to ensure maximum cooperation between State and local law enforcement agencies in the fight against crime.
(3) To prepare annually, in consultation with the Judicial Department and the Department of Justice, a State plan for the State's criminal justice system.
(4) To serve as the State's chief coordinating agency to control crime, to ensure the safety of the public, and to ensure an effective and efficient State criminal justice system.
(5) To have charge of investigations of criminal matters particularly set forth in this Article and of such other crimes and areas of concern in the criminal justice system as the Governor may direct.
(6) To regularly patrol the highways of the State and enforce all laws and regulations respecting travel and the use of vehicles upon the highways of the State and all laws for the protection of the highways of the State.
(7) To provide North Carolina National Guard troops trained by the State to federal standards.
(8) To ensure the preparation, coordination, and currency of military and civil preparedness plans and the effective conduct of emergency operations by all participating agencies to sustain life and prevent, minimize, or remedy injury to persons and damage to property resulting from disasters caused by enemy attack or other hostile actions or from disasters due to natural or man-made causes.
(9) To develop a plan for a coordinated and integrated electronic communications system for State government and cooperating local agencies, including coordination and integration of existing electronic communications systems.
(10) Repealed by Session Laws 2021-180, s. 19C.9(h), effective January 1, 2023.
(11) To carry out the relevant provisions of Part 3 of this Article, Chapter 7B of the General Statutes, and other provisions of the General Statutes governing juvenile justice and the prevention of delinquent acts by juveniles.
(12) To provide central storage and management of evidence according to the provisions of Article 13 of Chapter 15A of the General Statutes and create and maintain a databank of statewide storage locations of postconviction evidence or other similar programs.
(13) To provide central storage and management of rape kits according to the federal Violence Against Women and Department of Justice Reauthorization Act of 2005 with specific protections against release of names of victims providing anonymous or "Jane Doe" rape kits without victim consent.
(14) To provide for the storage and management of evidence. (2011-145, s. 19.1(b); 2011-183, s. 127(c); 2011-195, s. 1(d); 2011-391, s. 43(b); 2012-83, s. 65; 2021-180, s. 19C.9(h).)
§ 143B-602. Powers and duties of the Secretary of Public Safety.
The Secretary of Public Safety shall have the powers and duties as are conferred on the Secretary by this Article, delegated to the Secretary by the Governor, and conferred on the Secretary by the Constitution and laws of this State. These powers and duties include the following:
(1) Provision of assistance to other agencies. - The Secretary, through appropriate subunits of the Department, shall, at the request of the Governor, provide assistance to State and local law enforcement agencies, district attorneys, and judges when called upon by them and so directed.
(2) Coordination of government subunits emergencies. - In the event that the Governor, in the exercise of the Governor's constitutional and statutory responsibilities, shall deem it necessary to utilize the services of more than one subunit of State government to provide protection to the people from natural or man-made disasters or emergencies, including, but not limited to, wars, insurrections, riots, civil disturbances, or accidents, the Secretary, under the direction of the Governor, shall serve as the chief coordinating officer for the State between the respective subunits so utilized.
(3) Allocation of State resources during emergencies. - Whenever the Secretary exercises the authority provided in subdivision (2) of this section, the Secretary shall be authorized to utilize and allocate all available State resources as are reasonably necessary to cope with the emergency or disaster, including directing of personnel and functions of State agencies or units thereof for the purpose of performing or facilitating the initial response to the disaster or emergency. Following the initial response, the Secretary, in consultation with the heads of the State agencies which have or appear to have the responsibility for dealing with the emergency or disaster, shall designate one or more lead agencies to be responsible for subsequent phases of the response to the emergency or disaster. Pending an opportunity to consult with the heads of such agencies, the Secretary may make interim lead agencies designations.
(4) Reporting of emergencies to the Secretary. - Every department of State government is required to report to the Secretary, by the fastest means practicable, all natural or man-made disasters or emergencies, including, but not limited to, wars, insurrections, riots, civil disturbances, or accidents which appear likely to require the utilization of the services of more than one subunit of State government.
(5) Rule making. - The Secretary is authorized to adopt rules and procedures for the implementation of this section.
(6) Powers of Governor and Council of State not superseded. - Nothing contained in this section shall be construed to supersede or modify those powers granted to the Governor or the Council of State to declare and react to a state of disaster as provided in Chapter 166A of the General Statutes, the Constitution, or elsewhere.
(7) Reporting required prior to grant awards. - Prior to any notification of proposed grant awards to State agencies for use in pursuing the objectives of the Governor's Crime Commission pursuant to sub-subdivisions a. through g. of subdivision (8) of this section, the Secretary shall report to the Senate and House of Representatives Appropriations Committees for review of the proposed grant awards.
(8) Other powers and duties. - The Secretary has the following additional powers and duties:
a. Accepting gifts, bequests, devises, grants, matching funds, and other considerations from private or governmental sources for use in promoting the work of the Governor's Crime Commission.
b. Making grants for use in pursuing the objectives of the Governor's Crime Commission.
c. Adopting rules as may be required by the federal government for federal grants-in-aid for criminal justice purposes and to implement and carry out the regulatory and enforcement duties assigned to the Department of Public Safety as provided by the various commercial vehicle, oversize/overweight, motor carrier safety, motor fuel, and mobile and manufactured home statutes.
d. Ascertaining the State's duties concerning grants to the State by the Law Enforcement Assistance Administration of the United States Department of Justice, and developing and administering a plan to ensure that the State fulfills its duties.
e. Administering the Assistance Program for Victims of Rape and Sex Offenses.
f. Appointing, with the Governor's approval, a special police officer to serve as Chief of the State Capitol Police Division.
g. Appointing an employee of the Division of Administration to be the central point of contact for any federal surplus property or purchasing programs.
h. Being responsible for federal and State liaison activities, victim services, the Victim Services Warehouse, and the storage and management of evidence and other contents housed in the warehouse, and public affairs. (2011-145, s. 19.1(b); 2013-289, s. 3; 2015-241, s. 16A.7(g); 2017-57, s. 16B.10(d).)
§ 143B-602.1. Annual report on trooper training reimbursement agreements.
By January 1, 2021, and annually thereafter, the Secretary shall report to the Joint Legislative Oversight Committee on Justice and Public Safety regarding the following:
(1) The implementation of the trooper training reimbursement agreements required under G.S. 20-185.1.
(2) The amount of reimbursements received from individuals who did not remain employed as State Troopers for 36 months after completing training and the amount of reimbursements received from other law enforcement agencies, as required under G.S. 20-185.1(d).
(3) Program outcomes, including the turnover rate for individuals employed as State Troopers on and after the date the Department of Public Safety implemented the trooper training reimbursement agreements. (2018-5, s. 35.25(h); 2018-97, s. 8.1(c).)
§ 143B-602.2. Annual report on grant funds received or preapproved for receipt.
The Department of Public Safety shall report by May 1 of each year to the chairs of the House of Representatives Appropriations Committee on Justice and Public Safety and the Senate Appropriations Committee on Justice and Public Safety on grant funds received or preapproved for receipt by the Department. The report shall include information on the amount of grant funds received or preapproved for receipt by the Department, the use of the funds, the State match expended to receive the funds, and the period to be covered by each grant. If the Department intends to continue the program beyond the end of the grant period, the Department shall report on the proposed method for continuing the funding of the program at the end of the grant period. The Department shall also report on any information it may have indicating that the State will be requested to provide future funding for a program presently supported by a local grant. (2021-180, s. 19A.1(c).)
§ 143B-603. LiDAR Reserve.
The "LiDAR Reserve" is established in the Department of Public Safety. Funds in the LiDAR Reserve shall only be used for LiDAR topographical mapping of the State. (2014-100, s. 15.12(a).)
§ 143B-603.1. Continuously Operating Reference Station Fund.
(a) Establishment of Fund. - The Continuously Operating Reference Station (CORS) Fund is established as a special revenue fund. The Fund consists of General Fund appropriations, gifts, donations, grants, devises, fees, and monies contributed by State and non-State entities for the operation, maintenance, and expansion of the North Carolina CORS/Real Time Network (RTN) operated and maintained by the North Carolina Geodetic Survey and any other revenues specifically allocated to the Fund by an act of the General Assembly.
(b) Uses of Fund. - Revenue credited to the Fund may only be used for costs associated with CORS/RTN operations, maintenance, and expansion. (2022-58, s. 3(a).)
§ 143B-604. Recodified as G.S. 143B-1484, by Session Laws 2021-180, s. 19C.9(j), effective January 1, 2023.
§ 143B-630. Recodified as G.S. 143B-1450, by Session Laws 2021-180, s. 19C.9(h), effective January 1, 2023.
§ 143B-700: Repealed by Session Laws 2017-186, s. 1(c), effective December 1, 2017.
§ 143B-701. Recodified as G.S. 143B-1451, by Session Laws 2021-180, s. 19C.9(h), effective January 1, 2023.
§ 143B-702. Recodified as G.S. 143B-1452, by Session Laws 2021-180, s. 19C.9(h), effective January 1, 2023.
§ 143B-703. Recodified as G.S. 143B-1453, by Session Laws 2021-180, s. 19C.9(h), effective January 1, 2023.
§ 143B-704. Recodified as G.S. 143B-1454, by Session Laws 2021-180, s. 19C.9(h), effective January 1, 2023.
§ 143B-705. Recodified as G.S. 143B-1455, by Session Laws 2021-180, s. 19C.9(h), effective January 1, 2023.
§ 143B-706: Repealed by Session Laws 2017-57, s. 16C.7, effective July 1, 2017.
§ 143B-707. Recodified as G.S. 143B-1456, by Session Laws 2021-180, s. 19C.9(h), effective January 1, 2023.
§ 143B-707.1. Recodified as G.S. 143B-1481, by Session Laws 2021-180, s. 19C.9(j), effective January 1, 2023.
§ 143B-707.2. Recodified as G.S. 143B-1482, by Session Laws 2021-180, s. 19C.9(j), effective January 1, 2023.
§ 143B-707.3. Recodified as G.S. 143B-1470, by Session Laws 2021-180, s. 19C.9(i), effective January 1, 2023.
§ 143B-707.4. Recodified as G.S. 143B-1457, by Session Laws 2021-180, s. 19C.9(h), effective January 1, 2023.
§ 143B-707.5. Recodified as G.S. 143B-1471, by Session Laws 2021-180, s. 19C.9(i), effective January 1, 2023.
§ 143B-707.6. Recodified as G.S. 143B-1472, by Session Laws 2021-180, s. 19C.9(i), effective January 1, 2023.
§ 143B-707.7. Recodified as G.S. 143B-1473, by Session Laws 2021-180, s. 19C.9(i), effective January 1, 2023.
§ 143B-707.8. Recodified as G.S. 143B-1474, by Session Laws 2021-180, s. 19C.9(i), effective January 1, 2023.
§ 143B-707.9. Recodified as G.S. 143B-1475, by Session Laws 2021-180, s. 19C.9(i), effective January 1, 2023.
§ 143B-707.10. Recodified as G.S. 143B-1476, by Session Laws 2021-180, s. 19C.9(i), effective January 1, 2023.
§ 143B-708. Recodified as G.S. 143B-1483, by Session Laws 2021-180, s. 19C.9(j), effective January 1, 2023.
§ 143B-709. Recodified as G.S. 143B-1458, by Session Laws 2021-180, s. 19C.9(h), effective January 1, 2023.
§ 143B-710: Repealed by Session Laws 2013-289, s. 4, effective July 18, 2013.
§ 143B-711. (Repealed) Division of Adult Correction and Juvenile Justice of the Department of Public Safety - organization. (1973, c. 1262, s. 6; 1987, c. 738, s. 111(b); 1993, c. 538, s. 41; 1994, Ex. Sess., c. 24, s. 14(b); 2001-95, s. 7; 2011-145, s. 19.1(h), (j), (s); 2012-83, s. 52; 2014-120, s. 1(i); 2017-186, s. 1(m); repealed by 2021-180, s. 19C.9(h), effective January 1, 2023.)
§ 143B-712: Reserved for future codification purposes.
§ 143B-713: Reserved for future codification purposes.
§ 143B-714: Reserved for future codification purposes.
Subpart B. Board of Correction
§ 143B-715: Repealed by Session Laws 2014-120, s. 1, effective September 18, 2014.
§ 143B-716: Reserved for future codification purposes.
§ 143B-717: Reserved for future codification purposes.
§ 143B-718: Reserved for future codification purposes.
§ 143B-719: Reserved for future codification purposes.
Subpart C. Parole Commission.
§ 143B-720. Recodified as G.S. 143B-1490 by Session Laws 2021-180, s. 19C.9(k), effective January 1, 2023. (1973, c. 1262, s. 8; 1975, c. 220; 1977, c. 614, s. 5; c. 732, s. 5; 1993, c. 538, s. 42; 1994, Ex. Sess., c. 21, s. 6; c. 24, s. 14(b); 2006-247, s. 15(i); 2007-213, s. 14; 2008-199, s. 2; 2011-145, s. 19.1(h), (i), (s); 2011-307, s. 7; 2012-188, s. 7; 2016-77, s. 4(a); 2017-186, s. 1(n); 2022-58, s. 2(a).)
§ 143B-721. Recodified as G.S. 143B-1491, by Session Laws 2021-180, s. 19C.9(k), effective January 1, 2023.
§ 143B-721.1. Recodified as G.S. 143B-1492, by Session Laws 2021-180, s. 19C.9(k), effective January 1, 2023.
§ 143B-722: Reserved for future codification purposes.
§ 143B-723: Reserved for future codification purposes.
§ 143B-724: Reserved for future codification purposes.
§ 143B-725: Reserved for future codification purposes.
§ 143B-726: Reserved for future codification purposes.
§ 143B-727: Reserved for future codification purposes.
§ 143B-728: Reserved for future codification purposes.
§ 143B-729: Reserved for future codification purposes.
§ 143B-730: Reserved for future codification purposes.
§ 143B-731: Reserved for future codification purposes.
§ 143B-732: Reserved for future codification purposes.
§ 143B-733: Reserved for future codification purposes.
§ 143B-734: Reserved for future codification purposes.
§ 143B-735: Reserved for future codification purposes.
§ 143B-736: Reserved for future codification purposes.
§ 143B-737: Reserved for future codification purposes.
§ 143B-738: Reserved for future codification purposes.
§ 143B-739: Reserved for future codification purposes.
§ 143B-740: Reserved for future codification purposes.
§ 143B-741: Reserved for future codification purposes.
§ 143B-742: Reserved for future codification purposes.
§ 143B-743: Reserved for future codification purposes.
§ 143B-744: Reserved for future codification purposes.
§ 143B-745: Reserved for future codification purposes.
§ 143B-746: Reserved for future codification purposes.
§ 143B-747: Reserved for future codification purposes.
§ 143B-748: Reserved for future codification purposes.
§ 143B-749: Reserved for future codification purposes.
§ 143B-750: Reserved for future codification purposes.
§ 143B-751: Reserved for future codification purposes.
§ 143B-752: Reserved for future codification purposes.
§ 143B-753: Reserved for future codification purposes.
§ 143B-754: Reserved for future codification purposes.
§ 143B-755: Reserved for future codification purposes.
§ 143B-756: Reserved for future codification purposes.
§ 143B-757: Reserved for future codification purposes.
§ 143B-758: Reserved for future codification purposes.
§ 143B-759: Reserved for future codification purposes.
§ 143B-760: Reserved for future codification purposes.
§ 143B-761: Reserved for future codification purposes.
§ 143B-762: Reserved for future codification purposes.
§ 143B-763: Reserved for future codification purposes.
§ 143B-764: Reserved for future codification purposes.
§ 143B-765: Reserved for future codification purposes.
§ 143B-766: Reserved for future codification purposes.
§ 143B-767: Reserved for future codification purposes.
§ 143B-768: Reserved for future codification purposes.
§ 143B-769: Reserved for future codification purposes.
§ 143B-770: Reserved for future codification purposes.
§ 143B-771: Reserved for future codification purposes.
§ 143B-772: Reserved for future codification purposes.
§ 143B-773: Reserved for future codification purposes.
§ 143B-774: Reserved for future codification purposes.
§ 143B-775: Reserved for future codification purposes.
§ 143B-776: Reserved for future codification purposes.
§ 143B-777: Reserved for future codification purposes.
§ 143B-778: Reserved for future codification purposes.
§ 143B-779: Reserved for future codification purposes.
Subpart A. Creation of Division.
§ 143B-800. Creation of Division of Juvenile Justice of the Department of Public Safety.
There is hereby created and constituted a division to be known as the Division of Juvenile Justice of the Department of Public Safety, with the organization, powers, and duties as set forth in this Article or as prescribed by the Director of the Division of Juvenile Justice. (1998-202, s. 1(b); 2000-137, s. 1(b); 2011-145, s. 19.1(l), (t); 2017-186, s. 1(p); 2021-180, s. 19C.9(w).)
§ 143B-801. Transfer of Office of Juvenile Justice authority to the Division of Juvenile Justice of the Department of Public Safety.
(a) All (i) statutory authority, powers, duties, and functions, including directives of S.L. 1998-202, rule making, budgeting, and purchasing, (ii) records, (iii) personnel, personnel positions, and salaries, (iv) property, and (v) unexpended balances of appropriations, allocations, reserves, support costs, and other funds of the Office of Juvenile Justice under the Office of the Governor are transferred to and vested in the Division of Juvenile Justice of the Department of Public Safety. This transfer has all of the elements of a Type I transfer as defined in G.S. 143A-6.
(b) The Division shall be considered a continuation of the Office of Juvenile Justice for the purpose of succession to all rights, powers, duties, and obligations of the Office and of those rights, powers, duties, and obligations exercised by the Office of the Governor on behalf of the Office of Juvenile Justice. Where the Office of Juvenile Justice or the Division of Adult Correction and Juvenile Justice of the Department of Public Safety is referred to by law, contract, or other document, that reference shall apply to the Division of Juvenile Justice. Where the Office of the Governor is referred to by contract or other document, where the Office of the Governor is acting on behalf of the Office of Juvenile Justice, that reference shall apply to the Division.
(c) All institutions previously operated by the Office of Juvenile Justice and the central office of the Office of Juvenile Justice, including land, buildings, equipment, supplies, personnel, or other properties rented or controlled by the Office or by the Office of the Governor for the Office of Juvenile Justice, shall be administered by the Division of Juvenile Justice of the Department of Public Safety. (1998-202, s. 1(b); 2000-137, s. 1(b); 2011-145, s. 19.1(l), (t); 2017-186, s. 1(q); 2021-180, s. 19C.9(w).)
§ 143B-802. Medical costs for juvenile offenders.
(a) The Department of Public Safety shall reimburse those providers and facilities providing approved medical services to juvenile offenders outside the juvenile facility the lesser amount of either a rate of seventy percent (70%) of the provider's then-current prevailing charge or two times the then-current Medicaid rate for any given service. The Department shall have the right to audit any given provider to determine the actual prevailing charge to ensure compliance with this provision.
This section does apply to vendors providing services that are not billed on a fee-for-service basis, such as temporary staffing. Nothing in this section shall preclude the Department from contracting with a provider for services at rates that provide greater documentable cost avoidance for the State than do the rates contained in this section or at rates that are less favorable to the State but that will ensure the continued access to care.
(b) The Department shall make every effort to contain medical costs for juvenile offenders by making use of health care facilities to provide health care services to juvenile offenders. To the extent that the Department must utilize other facilities and services to provide health care services to juvenile offenders, the Department shall make reasonable efforts to make use of hospitals or other providers with which it has a contract or, if none is reasonably available, hospitals with available capacity or other health care facilities in a region to accomplish that goal. The Department shall make reasonable efforts to equitably distribute juvenile offenders among all hospitals or other appropriate health care facilities.
(c) The Department shall report quarterly to the Joint Legislative Oversight Committee on Justice and Public Safety and the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety on:
(1) The percentage of the total juvenile offenders requiring hospitalization or hospital services who receive that treatment at each hospital.
(2) The volume of scheduled and emergent services listed by hospital and, of that volume, the number of those services that are provided by contracted and noncontracted providers.
(3) The volume of scheduled and emergent admissions listed by hospital and, of that volume, the percentage of those services that are provided by contracted and noncontracted providers.
(4) The volume of inpatient medical services provided to Medicaid-eligible juvenile offenders, the cost of treatment, the estimated savings of paying the nonfederal portion of Medicaid for the services, and the length of time between the date the claim was filed and the date the claim was paid.
(5) The status of the implementation of the claims processing system and efforts to address the backlog of unpaid claims.
(6) The hospital utilization, including the amount paid to individual hospitals, the number of juvenile offenders served, the number of claims, and whether the hospital was a contracted or noncontracted facility.
(7) A list of hospitals under contract.
(8) The reimbursement rate for contracted providers. The Department shall randomly audit high-volume contracted providers to ensure adherence to billing at the contracted rate.
Reports submitted on August 1 shall include totals for the previous fiscal year for all the information requested. (2021-180, s. 19C.9(w).)
§ 143B-803: Reserved for future codification purposes.
§ 143B-804: Reserved for future codification purposes.
Subpart B. General Provisions.
§ 143B-805. Definitions.
In this Part, unless the context clearly requires otherwise, the following words have the listed meanings:
(1) Chief court counselor. - The person responsible for administration and supervision of juvenile intake, probation, and post-release supervision in each judicial district, operating under the supervision of the Division of Juvenile Justice of the Department of Public Safety.
(2) Community-based program. - A program providing nonresidential or residential treatment to a juvenile under the jurisdiction of the juvenile court in the community where the juvenile’s family lives. A community-based program may include specialized foster care, family counseling, shelter care, and other appropriate treatment.
(3) County Councils. - Juvenile Crime Prevention Councils created under G.S. 143B-846.
(4) Court. - The district court division of the General Court of Justice.
(5) Custodian. - The person or agency that has been awarded legal custody of a juvenile by a court.
(6) Delinquent juvenile. -
a. Any juvenile who, while less than 16 years of age but at least 10 years of age, commits a crime or infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws, or who commits indirect contempt by a juvenile as defined in G.S. 5A-31.
b. Any juvenile who, while less than 18 years of age but at least 16 years of age, commits a crime or an infraction under State law or under an ordinance of local government, excluding all violations of the motor vehicle laws under Chapter 20 of the General Statutes, or who commits indirect contempt by a juvenile as defined in G.S. 5A-31.
c. Any juvenile who, while less than 10 years of age but at least 8 years of age, commits a Class A, B1, B2, C, D, E, F, or G felony under State law.
d. Any juvenile who, while less than 10 years of age but at least 8 years of age, commits a crime or an infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws, and has been previously adjudicated delinquent.
(7) Detention. - The secure confinement of a juvenile under a court order.
(8) Detention facility. - A facility approved to provide secure confinement and care for juveniles. Detention facilities include both State and locally administered detention homes, centers, and facilities.
(9) District. - Any district court district as established by G.S. 7A-133.
(9a) Division. - The Division of Juvenile Justice of the Department of Public Safety.
(10) Repealed by Session Laws 2017-186, s. 1(r), effective December 1, 2017.
(11) Judge. - Any district court judge.
(12) Judicial district. - Any district court district as established by G.S. 7A-133.
(13) Juvenile. - Except as provided in subdivisions (6) and (20) of this section, any person who has not reached the person’s eighteenth birthday and is not married, emancipated, or a member of the Armed Forces of the United States. Wherever the term “juvenile” is used with reference to rights and privileges, that term encompasses the attorney for the juvenile as well.
(13a) Juvenile consultation. - The provision of services to a vulnerable juvenile and to the parent, guardian, or custodian of a vulnerable juvenile pursuant to G.S. 7B-1706.1. Juvenile consultation cases are subject to confidentiality laws provided in Subchapter III of Chapter 7B of the General Statutes.
(14) Juvenile court. - Any district court exercising jurisdiction under this Chapter.
(15) Juvenile court counselor. - A person responsible for intake services and court supervision services to juveniles under the supervision of the chief court counselor.
(16) Post-release supervision. - The supervision of a juvenile who has been returned to the community after having been committed to the Division for placement in a training school.
(17) Probation. - The status of a juvenile who has been adjudicated delinquent, is subject to specified conditions under the supervision of a juvenile court counselor, and may be returned to the court for violation of those conditions during the period of probation.
(18) Protective supervision. - The status of a juvenile who has been adjudicated undisciplined and is under the supervision of a juvenile court counselor.
(19) Secretary. - The Secretary of Public Safety.
(19a) Repealed by Session Laws 2021-180, s. 19C.9(x), effective January 1, 2023.
(20) Undisciplined juvenile. -
a. A juvenile who, while less than 16 years of age but at least 10 years of age, is unlawfully absent from school; or is regularly disobedient to and beyond the disciplinary control of the juvenile’s parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours; or
b. A juvenile who is 16 or 17 years of age and who is regularly disobedient to and beyond the disciplinary control of the juvenile’s parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours.
(20a) Vulnerable juvenile. - Any juvenile who, while less than 10 years of age but at least 6 years of age, commits a crime or infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws, and is not a delinquent juvenile.
(21) Youth development center. - A secure residential facility authorized to provide long-term treatment, education, and rehabilitative services for delinquent juveniles committed by the court to the Division. (1998-202, ss. 1(b), 2(a); 2000-137, s. 1(b); 2001-95, ss. 3, 4; 2001-490, s. 2.39; 2008-118, s. 3.12(b); 2011-145, s. 19.1(l), (m), (t), (ccc); 2011-183, s. 105; 2017-57, s. 16D.4(r); 2017-186, s. 1(r); 2018-142, s. 23(b); 2019-186, s. 1(b); 2021-123, s. 6(a); 2021-180, s. 19C.9(x).)
§ 143B-806. Duties and powers of the Division of Juvenile Justice of the Department of Public Safety.
(a) Repealed by Session Laws 2013-289, s. 5, effective July 18, 2013.
(b) In addition to its other duties, the Division of Juvenile Justice shall have the following powers and duties:
(1) Give leadership to the implementation as appropriate of State policy that requires that youth development centers be phased out as populations diminish.
(2) Close a State youth development center when its operation is no longer justified and transfer State funds appropriated for the operation of that youth development center to fund community-based programs, to purchase care or services for predelinquents, delinquents, or status offenders in community-based or other appropriate programs, or to improve the efficiency of existing youth development centers, after consultation with the Joint Legislative Commission on Governmental Operations.
(3) Administer a sound admission or intake program for juvenile facilities, including the requirement of a careful evaluation of the needs of each juvenile prior to acceptance and placement.
(4) Operate juvenile facilities and implement programs that meet the needs of juveniles receiving services and that assist them to become productive, responsible citizens.
(5) Adopt rules to implement this Part and the responsibilities of the Secretary and the Division under Chapter 7B of the General Statutes. The Secretary may adopt rules applicable to local human services agencies providing juvenile court and delinquency prevention services for the purpose of program evaluation, fiscal audits, and collection of third-party payments.
(6) Ensure a statewide and uniform system of juvenile intake, protective supervision, probation, and post-release supervision services in all district court districts of the State. The system shall provide appropriate, adequate, and uniform services to all juveniles who are alleged or found to be undisciplined or delinquent.
(7) Establish procedures for substance abuse testing for juveniles adjudicated delinquent for substance abuse offenses.
(8) Plan, develop, and coordinate comprehensive multidisciplinary services and programs statewide for the prevention of juvenile delinquency, early intervention, and rehabilitation of juveniles, including services for vulnerable juveniles receiving juvenile consultation services.
(9) Develop standards, approve yearly program evaluations, and make recommendations based on the evaluations to the General Assembly concerning continuation funding.
(10) Collect expense data for every program operated and contracted by the Division.
(11) Develop a formula for funding, on a matching basis, juvenile court and delinquency prevention services as provided for in this Part. This formula shall be based upon the county's or counties' relative ability to fund community-based programs for juveniles.
Local governments receiving State matching funds for programs under this Part must maintain the same overall level of effort that existed at the time of the filing of the county assessment of juvenile needs with the Division.
(12) Assist local governments and private service agencies in the development of juvenile court services and delinquency prevention services and provide information on the availability of potential funding sources and assistance in making application for needed funding.
(13) Develop and administer a comprehensive juvenile justice information system to collect data and information about delinquent juveniles for the purpose of developing treatment and intervention plans and allowing reliable assessment and evaluation of the effectiveness of rehabilitative and preventive services provided to delinquent juveniles.
(14) Coordinate State-level services in relation to delinquency prevention and juvenile court services so that any citizen may go to one place in State government to receive information about available juvenile services.
(14a) Develop and administer a system to provide information to victims and complainants regarding the status of pending complaints and the right of a complainant and victim to request review under G.S. 7B-1704 of a decision to not file a petition.
(15) Appoint the chief court counselor in each district.
(16) Develop a statewide plan for training and professional development of chief court counselors, court counselors, and other personnel responsible for the care, supervision, and treatment of juveniles. The plan shall include attendance at appropriate professional meetings and opportunities for educational leave for academic study.
(17) Study issues related to qualifications, salary ranges, appointment of personnel on a merit basis, including chief court counselors, court counselors, secretaries, and other appropriate personnel, at the State and district levels in order to adopt appropriate policies and procedures governing personnel.
(18) Set, in consultation with the Office of State Human Resources, the salary supplement paid to teachers, instructional support personnel, and school-based administrators who are employed at juvenile facilities and are licensed by the State Board of Education. The salary supplement shall be at least five percent (5%), but not more than the percentage supplement they would receive if they were employed in the local school administrative unit where the job site is located. These salary supplements shall not be paid to central office staff. Nothing in this subdivision shall be construed to include "merit pay" under the term "salary supplement".
(19) Designate persons, as necessary, as State juvenile justice officers, to provide for the care and supervision of juveniles placed in the physical custody of the Division.
(20) Provide for the transportation to and from any State or local juvenile facility of any person under the jurisdiction of the juvenile court for any purpose required by Chapter 7B of the General Statutes or upon order of the court.
(c) Repealed by Session Laws 2017-186, s. 1(s), effective December 1, 2017.
(d) Where Division statistics indicate the presence of minority youth in juvenile facilities disproportionate to their presence in the general population, the Division shall develop and recommend appropriate strategies designed to ensure fair and equal treatment in the juvenile justice system.
(e) The Division may provide consulting services and technical assistance to courts, law enforcement agencies, and other agencies, local governments, and public and private organizations. The Division may develop or assist Juvenile Crime Prevention Councils in developing community needs, assessments, and programs relating to the prevention and treatment of delinquent and undisciplined behavior.
(f) The Division shall develop a cost-benefit model for each State-funded program. Program commitment and recidivism rates shall be components of the model. (1998-202, ss. 1(b), 2(b), 2(f); 1998-217, ss. 57(2), 57(3); 2000-137, s. 1(b); 2001-95, s. 5; 2001-490, s. 2.40; 2003-284, s. 17.2(a); 2005-276, s. 29.19(b); 2006-203, s. 111; 2008-118, s. 3.12(c); 2011-145, s. 19.1(l), (t); 2012-83, s. 12; 2013-289, s. 5; 2013-360, s. 16D.7(b); 2013-382, s. 9.1(c); 2017-57, s. 16D.4(s), (w); 2017-186, s. 1(s); 2018-142, s. 23(b); 2021-123, s. 6(b); 2021-180, s. 19C.9(z).)
§ 143B-807. Authority to contract with other entities.
(a) The Division may contract with any governmental agency, person, or association for the accomplishment of its duties and responsibilities. The expenditure of funds under these contracts shall be for the purposes for which the funds were appropriated and not otherwise prohibited by law.
(b) The Division may enter into contracts with, and act as intermediary between, any federal government agency and any county of this State for the purpose of assisting the county to recover monies expended by a county-funded financial assistance program. As a condition of assistance, the county shall agree to hold and save harmless the Division against any claims, loss, or expense which the Division might incur under the contracts by reason of any erroneous, unlawful, or tortious act or omission of the county or its officials, agents, or employees.
(c) The Division and any other appropriate State or local agency may purchase services from public or private agencies providing delinquency prevention programs or juvenile court services, including parenting responsibility classes. The programs shall meet State standards. As institutional populations are reduced, the Division may divert State funds appropriated for institutional programs to purchase the services under the State Budget Act.
(d) Each programmatic, residential, and service contract or agreement entered into by the Division shall include a cooperation clause to ensure compliance with the Division's quality assurance requirements and cost-accounting requirements. (1998-202, s. 1(b); 2000-137, s. 1(b); 2011-145, s. 19.1(l), (t); 2017-186, s. 1(s1); 2021-180, s. 19C.9(aa); 2022-74, s. 19A.1(f).)
§ 143B-808. Authority to assist private nonprofit foundations.
The Division may provide appropriate services or allow employees of the Division to assist any private nonprofit foundation that works directly with the Division's services or programs and whose sole purpose is to support these services and programs. A Division employee shall be allowed to work with a foundation no more than 20 hours in any one month. These services are not subject to Chapter 150B of the General Statutes.
The board of directors of each private, nonprofit foundation shall secure and pay for the services of the Department of State Auditor or employ a certified public accountant to conduct an annual audit of the financial accounts of the foundation. The board of directors shall transmit to the Division a copy of the annual financial audit report of the private nonprofit foundation. (1998-202, s. 1(b); 2000-137, s. 1(b); 2011-145, s. 19.1(l), (t); 2017-186, s. 1(s2); 2021-180, s. 19C.9(aa); 2022-74, s. 19A.1(g).)
§ 143B-809. Teen court programs.
(a) All teen court programs administered by the Division of Juvenile Justice of the Department of Public Safety shall operate as community resources for the diversion of juveniles pursuant to G.S. 7B-1706(c). A juvenile diverted to a teen court program shall be tried by a jury of other juveniles, and, if the jury finds the juvenile has committed the delinquent act, the jury may assign the juvenile to a rehabilitative measure or sanction, including counseling, restitution, curfews, and community service.
Teen court programs may also operate as resources to the local school administrative units to handle problems that develop at school but that have not been turned over to the juvenile authorities.
(b) Every teen court program that receives funds from Juvenile Crime Prevention Councils shall comply with rules and reporting requirements of the Division of Juvenile Justice of the Department of Public Safety. (2001-424, s. 24.8; 2002-126, s. 16.2(b); 2011-145, s. 19.1(l), (t); 2017-186, s. 1(t); 2021-180, s. 19C.9(z).)
§ 143B-810. Youth Development Center annual report.
The Department of Public Safety shall report by October 1 of each year to the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Justice and Public Safety, the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety, and the Fiscal Research Division of the Legislative Services Commission on the Youth Development Center (YDC) population, staffing, and capacity in the preceding fiscal year. Specifically, the report shall include all of the following:
(1) The on-campus population of each YDC, including the county the juveniles are from.
(2) The housing capacity of each YDC.
(3) A breakdown of staffing for each YDC, including number, type of position, position title, and position description.
(4) The per-bed and average daily population cost for each facility.
(5) The operating cost for each facility, including personnel and nonpersonnel items.
(6) A brief summary of the treatment model, education, services, and plans for reintegration into the community offered at each facility.
(7) The average length of stay in the YDCs.
(8) The number of incidents of assaults and attacks on staff at each facility. (2013-360, s. 16D.3.)
§ 143B-811. Annual evaluation of intensive intervention services.
The Department of Public Safety shall conduct an annual evaluation of intensive intervention services. Intensive intervention services are evidence-based or research-supported community-based or residential services that are necessary for a juvenile in order to (i) prevent the juvenile's commitment to a youth development center or detention facility, (ii) facilitate the juvenile's successful return to the community following commitment, or (iii) prevent further involvement in the juvenile justice system. In conducting the evaluation, the Department shall consider whether participation in intensive intervention services results in a diversion from or reduction of court involvement among juveniles. The Department shall also determine whether the programs are achieving the goals and objectives of the Juvenile Justice Reform Act, S.L. 1998-202.
The Department shall report the results of the evaluation to the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety and the Chairs of the Senate and House of Representatives Appropriations Subcommittees on Justice and Public Safety by March 1 of each year. (2013-360, s. 16D.1; 2020-83, s. 1; 2021-123, s. 6(c).)
§ 143B-812. Annual report on complaints against certain juveniles.
The Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall report to the Joint Legislative Oversight Committee on Justice and Public Safety no later than March 1, 2023, and annually thereafter, on all complaints received against a juvenile less than 10 years of age, but at least 6 years of age.
The report shall include the following information about the complaints and the juveniles against whom the complaints were made:
(1) A summary containing the following information about all complaints filed since the last report:
a. The total number of complaints.
b. The offenses alleged in the complaints, organized by class of offense.
c. The age of the juveniles at the time of the offense.
d. The number of complaints that resulted in a juvenile consultation.
e. The number of complaints that resulted in juvenile court jurisdiction for delinquency, including a breakdown of the number of those complaints that were handled through diversion and the number that led to the filing of a delinquency petition.
f. The number of juveniles receiving a juvenile consultation that have previously received juvenile consultation services.
(2) A detailed listing of all complaints filed since the last report, with any identifying information removed, containing the following information for each complaint:
a. The age of the juvenile.
b. The offenses, including class of offense, allegedly committed by the juvenile.
c. The initial determination by the juvenile court counselor to treat the complaint as a vulnerable juvenile complaint or a delinquent juvenile complaint.
d. If the juvenile is a vulnerable juvenile, whether the juvenile received juvenile consultation services.
e. If the juvenile is a vulnerable juvenile, whether the juvenile has received juvenile consultation services for a previous complaint.
f. If the juvenile is alleged delinquent, whether the juvenile was diverted or a petition alleging delinquency was filed. (2021-123, s. 7; 2021-167, s. 2.4(a).)
§ 143B-813: Reserved for future codification purposes.
§ 143B-814: Reserved for future codification purposes.
Subpart C. Juvenile Facilities.
§ 143B-815. Juvenile facilities.
In order to provide any juvenile in a juvenile facility with appropriate treatment according to that juvenile’s need, the Division shall be responsible for the administration of statewide educational, clinical, psychological, psychiatric, social, medical, vocational, and recreational services or programs. (1998-202, s. 1(b); 2000-137, s. 1(b); 2011-145, s. 19.1(l), (t); 2017-186, s. 1(t1); 2021-180, s. 19C.9(aa).)
§ 143B-816. Authority to provide necessary medical or surgical care.
The Division may provide any medical and surgical treatment necessary to preserve the life and health of juveniles committed to the custody of the Division; however, no surgical operation may be performed except as authorized in G.S. 148-22.2. (1998-202, s. 1(b); 2000-137, s. 1(b); 2011-145, s. 19.1(l), (t); 2017-186, s. 1(t2); 2021-180, s. 19C.9(aa).)
§ 143B-817. Compensation to juveniles in care.
A juvenile who has been committed to the Division may be compensated for work or participation in training programs at rates approved by the Secretary within available funds. The Secretary may provide for a reasonable allowance to the juvenile for incidental personal expenses, and any balance of the juvenile’s earnings remaining at the time the juvenile is released shall be paid to the juvenile or the juvenile’s parent or guardian. The Division may accept grants or funds from any source to compensate juveniles under this section. (1998-202, s. 1(b); 2000-137, s. 1(b); 2011-145, s. 19.1(l), (t); 2017-186, s. 1(t3); 2021-180, s. 19C.9(aa).)
§ 143B-818. Visits and community activities.
(a) The Division shall encourage visits by parents or guardians and responsible relatives of juveniles committed to the custody of the Division.
(b) The Division shall develop a program of home visits for juveniles in the custody of the Division. The visits shall begin after the juvenile has been in the custody of the Division for a period of at least six months. In developing the program, the Division shall adopt criteria that promote the protection of the public and the best interests of the juvenile. (1998-202, ss. 1(b), (2)c; 2000-137, s. 1(b); 2011-145, s. 19.1(l), (t); 2017-186, s. 1(t4); 2021-180, s. 19C.9(aa).)
§ 143B-819. Regional detention services.
The Division is responsible for juvenile detention services, including the development of a statewide plan for regional juvenile detention services that offer juvenile detention care of sufficient quality to meet State standards to any juvenile requiring juvenile detention care within the State in a detention facility as follows:
(1) The Division shall plan with the counties operating a county detention facility to provide regional juvenile detention services to surrounding counties. The Division has discretion in defining the geographical boundaries of the regions based on negotiations with affected counties, distances, availability of juvenile detention care that meets State standards, and other appropriate factors.
(2) The Division may plan with any county that has space within its county jail system to use the existing space for a county detention facility when needed, if the space meets the State standards for a detention facility and meets all of the requirements of G.S. 153A-221. The use of space within the county jail system shall be constructed to ensure that juveniles are not able to converse with, see, or be seen by the adult population, and juveniles housed in a space within a county jail shall be supervised closely.
(3) The Division shall plan for and administer regional detention facilities. The Division shall carefully plan the location, architectural design, construction, and administration of a program to meet the needs of juveniles in juvenile detention care. The physical facility of a regional detention facility shall comply with all applicable State and federal standards. The programs of a regional detention facility shall comply with the standards established by the Division. (1998-202, ss. 1(b), 2(f); 1998-217, s. 57(3); 2000-137, s. 1(b); 2011-145, s. 19.1(l), (t); 2017-186, s. 1(t5); 2021-180, s. 19C.9(aa).)
§ 143B-820. State subsidy to county detention facilities.
The Division shall administer a State subsidy program to pay a county that provides juvenile detention services and meets State standards a certain per diem per juvenile. In general, this per diem should be fifty percent (50%) of the total cost of caring for a juvenile from within the county and one hundred percent (100%) of the total cost of caring for a juvenile from another county. Any county placing a juvenile in a detention facility in another county shall pay fifty percent (50%) of the total cost of caring for the juvenile to the Division. The Division may vary the exact funding formulas to operate within existing State appropriations or other funds that may be available to pay for juvenile detention care. (1998-202, ss. 1(b), 2(f); 1998-217, s. 57(3); 2000-137, s. 1(b); 2011-145, s. 19.1(l), (t); 2017-186, s. 1(t6); 2021-180, s. 19C.9(aa).)
§ 143B-821. Authority for implementation.
In order to allow for effective implementation of a statewide regional approach to juvenile detention, the Division may:
(1) Release or transfer a juvenile from one detention facility to another when necessary to administer the juvenile's detention appropriately.
(2) Plan with counties that operate county detention facilities to provide regional services and to upgrade physical facilities to contract with counties for services and care, and to pay State subsidies to counties providing regional juvenile detention services that meet State standards.
(3) Allow the State to reimburse law enforcement officers or other appropriate employees of local government for the costs of transportation of a juvenile to and from any juvenile detention facility.
(4) Seek funding for juvenile detention services from federal sources, and accept gifts of funds from public or private sources. (1998-202, ss. 1(b), 2(f); 1998-217, s. 57(3); 2000-137, s. 1(b); 2011-145, s. 19.1(l), (t); 2017-186, s. 1(t7); 2021-180, s. 19C.9(aa).)
§ 143B-822. Juvenile facility monthly commitment report.
The Department of Public Safety shall report electronically on the first day of each month to the Fiscal Research Division regarding each juvenile correctional facility and the average daily population for the previous month. The report shall include (i) the average daily population for each detention center and (ii) the monthly summary of the Committed Youth Report. (2013-360, s. 16D.4.)
§ 143B-823: Reserved for future codification purposes.
§ 143B-824: Reserved for future codification purposes.
§ 143B-825: Reserved for future codification purposes.
§ 143B-826: Reserved for future codification purposes.
§ 143B-827: Reserved for future codification purposes.
§ 143B-828: Reserved for future codification purposes.
§ 143B-829: Reserved for future codification purposes.
Subpart D. Juvenile Court Services.
§ 143B-830. Duties and powers of chief court counselors.
The chief court counselor in each district appointed under G.S. 143B-806(b)(15) may:
(1) Appoint juvenile court counselors, secretaries, and other personnel authorized by the Division in accordance with the personnel policies adopted by the Division.
(2) Supervise and direct the program of juvenile intake, protective supervision, probation, and post-release supervision within the district.
(3) Provide in-service training for staff as required by the Division.
(4) Keep any records and make any reports requested by the Secretary in order to provide statewide data and information about juvenile needs and services.
(5) Delegate to a juvenile court counselor or supervisor the authority to carry out specified responsibilities of the chief court counselor to facilitate the effective operation of the district.
(6) Designate a juvenile court counselor in the district as acting chief court counselor, to act during the absence or disability of the chief court counselor. (1998-202, ss. 1(b), 2(f); 1998-217, s. 57(3); 2000-137, s. 1(b); 2009-320, s. 1; 2011-145, s. 19.1(l), (t), (ddd); 2017-186, s. 1(t8); 2021-180, s. 19C.9(aa).)
§ 143B-831. Duties and powers of juvenile court counselors.
As the court or the chief court counselor may direct or require, all juvenile court counselors shall have the following powers and duties:
(1) Secure or arrange for any information concerning a case that the court may require before, during, or after the hearing.
(2) Prepare written reports for the use of the court.
(3) Appear and testify at court hearings.
(4) Assume custody of a juvenile as authorized by G.S. 7B-1900, or when directed by court order.
(5) Furnish each juvenile on probation or protective supervision and that juvenile's parents, guardian, or custodian with a written statement of the juvenile's conditions of probation or protective supervision, and consult with the juvenile's parents, guardian, or custodian so that they may help the juvenile comply with the conditions.
(6) Keep informed concerning the conduct and progress of any juvenile on probation or under protective supervision through home visits or conferences with the parents or guardian and in other ways.
(7) See that the juvenile complies with the conditions of probation or bring to the attention of the court any juvenile who violates the juvenile's probation.
(8) Make periodic reports to the court concerning the adjustment of any juvenile on probation or under court supervision.
(9) Keep any records of the juvenile's work as the court may require.
(10) Account for all funds collected from juveniles.
(11) Serve necessary court documents pertaining to delinquent and undisciplined juvenile matters.
(12) Assume custody of juveniles under the jurisdiction of the court when necessary for the protection of the public or the juvenile, and when necessary to carry out the responsibilities of juvenile court counselors under this section and under Chapter 7B of the General Statutes.
(13) Use reasonable force and restraint necessary to secure custody assumed under subdivision (12) of this section.
(14) Provide supervision for a juvenile transferred to the counselor's supervision from another court or another state, and provide supervision for any juvenile released from an institution operated by the Section when requested by the Section to do so.
(15) Assist in the implementation of any order entered pursuant to G.S. 5A-32 as directed by a judicial official exercising jurisdiction under that section.
(16) Assist in the development of post-release supervision and the supervision of juveniles.
(17) Screen and evaluate a complaint alleging that a juvenile is delinquent or undisciplined to determine whether the complaint should be filed as a petition.
(17a) Provide and coordinate multidisciplinary service referrals for the prevention of juvenile delinquency and early intervention for juveniles, including vulnerable juveniles who are in receipt of juvenile consultation services. If the juvenile court counselor has cause to suspect that a juvenile who is receiving services pursuant to this subdivision is abused, neglected, or dependent, the juvenile court counselor shall make a report to the director of social services as required by G.S. 7B-1700.1.
(18) Have any other duties as the court may direct.
(19) Have any other duties as the Section may direct. (1998-202, ss. 1(b), 2(d), 2(e), 2(f); 1998-217, s. 57(3); 2000-137, s. 1(b); 2001-490, s. 2.41; 2007-168, s. 7; 2011-145, s. 19.1(l), (t); 2017-186, s. 1(t9); 2021-123, s. 6(d).)
§ 143B-832: Reserved for future codification purposes.
§ 143B-833: Reserved for future codification purposes.
§ 143B-834: Reserved for future codification purposes.
§ 143B-835: Reserved for future codification purposes.
§ 143B-836: Reserved for future codification purposes.
§ 143B-837: Reserved for future codification purposes.
§ 143B-838: Reserved for future codification purposes.
§ 143B-839: Reserved for future codification purposes.
Subpart E. Comprehensive Juvenile Delinquency and Substance Abuse Prevention Plan.
§ 143B-840. Comprehensive Juvenile Delinquency and Substance Abuse Prevention Plan.
(a) The Division shall develop and implement a comprehensive juvenile delinquency and substance abuse prevention plan and shall coordinate with County Councils for implementation of a continuum of services and programs at the community level.
The Division shall ensure that localities are informed about best practices in juvenile delinquency and substance abuse prevention.
(b) The plan shall contain the following:
(1) Identification of the risk factors at the developmental stages of a juvenile's life that may result in delinquent behavior.
(2) Identification of the protective factors that families, schools, communities, and the State must support to reduce the risk of juvenile delinquency.
(3) Programmatic concepts that are effective in preventing juvenile delinquency and substance abuse and that should be made available as basic services in the communities, including:
a. Early intervention programs and services.
b. In-home training and community-based family counseling and parent training.
c. Adolescent and family substance abuse prevention services, including alcohol abuse prevention services, and substance abuse education.
d. Programs and activities offered before and after school hours.
e. Life and social skills training programs.
f. Classes or seminars that teach conflict resolution, problem solving, and anger management.
g. Services that provide personal advocacy, including mentoring relationships, tutors, or other caring adult programs.
(c) The Division shall cooperate with all other affected State agencies and entities in implementing this section. (1998-202, s. 1(b); 2000-137, s. 1(b); 2011-145, s. 19.1(l), (t); 2012-83, s. 13; 2017-186, s. 1(t10); 2021-180, s. 19C.9(aa).)
§ 143B-841: Reserved for future codification purposes.
§ 143B-842: Reserved for future codification purposes.
§ 143B-843: Reserved for future codification purposes.
§ 143B-844: Reserved for future codification purposes.
Subpart F. Juvenile Crime Prevention Councils.
§ 143B-845. Legislative intent.
It is the intent of the General Assembly to prevent juveniles who are at risk from becoming delinquent. The primary intent of this Subpart is to develop community-based alternatives to youth development centers and to provide community-based delinquency, substance abuse, and gang prevention strategies and programs. Additionally, it is the intent of the General Assembly to provide noninstitutional dispositional alternatives that will protect the community and the juveniles.
These programs and services shall be planned and organized at the community level and developed in partnership with the State. These planning efforts shall include appropriate representation from local government, local public and private agencies serving juveniles and their families, local business leaders, citizens with an interest in youth problems, youth representatives, and others as may be appropriate in a particular community. The planning bodies at the local level shall be the Juvenile Crime Prevention Councils. (1998-202, s. 1(b); 2000-137, s. 1(b); 2001-95, s. 5; 2008-56, s. 2; 2011-145, s. 19.1(t), (eee).)
§ 143B-846. Creation; method of appointment; membership; chair and vice-chair.
(a) As a prerequisite for a county receiving funding for juvenile court services and delinquency prevention programs, the board of commissioners of a county shall appoint a Juvenile Crime Prevention Council. The County Council shall consist of not more than 26 members and should include, if possible, the following:
(1) The local school superintendent, or that person's designee.
(2) A chief of police in the county, or the appointed chief's designee.
(3) The local sheriff, or that person's designee.
(4) The district attorney, or that person's designee.
(5) The chief court counselor, or that person's designee.
(6) The director of the area local management entity/managed care organization (LME/MCO) or that person's designee.
(7) The director of the county department of social services, or consolidated human services agency, or that person's designee.
(8) The county manager, or that person's designee.
(9) A substance abuse professional.
(10) A member of the faith community.
(11) A county commissioner.
(12) Two persons under the age of 21 years, or one person under the age of 21 years and one member of the public representing the interests of families of at-risk juveniles.
(13) A juvenile defense attorney.
(14) The chief district court judge, or a judge designated by the chief district court judge.
(15) A member of the business community.
(16) The local health director, or that person's designee.
(17) A representative from the United Way or other nonprofit agency.
(18) A representative of a local parks and recreation program.
(19) Up to seven members of the public to be appointed by the board of commissioners of a county.
The board of commissioners of a county shall modify the County Council's membership as necessary to ensure that the members reflect the racial and socioeconomic diversity of the community and to minimize potential conflicts of interest by members.
(b) Two or more counties may establish a multicounty Juvenile Crime Prevention Council under subsection (a) of this section. The membership shall be representative of each participating county.
(c) The members of the County Council shall elect annually the chair and vice-chair. (1998-202, s. 1(b); 2000-137, s. 1(b); 2001-199, s. 1; 2011-145, s. 19.1(t); 2020-83, s. 2.)
§ 143B-847. Terms of appointment.
Each member of a County Council shall serve for a term of two years, except for initial terms as provided in this section. Each member's term is a continuation of that member's term under G.S. 147-33.62. Members may be reappointed. The initial terms of appointment began January 1, 1999. In order to provide for staggered terms, persons appointed for the positions designated in subdivisions (9), (10), (12), (15), (17), and (18) of G.S. 143B-846(a) were appointed for an initial term ending on June 30, 2000. The initial term of the second member added to each County Council pursuant to G.S. 143B-846(a)(12) shall begin on July 1, 2001, and end on June 30, 2002. After the initial terms, persons appointed for the positions designated in subdivisions (9), (10), (12), (15), (17), and (18) of G.S. 143B-846(a) shall be appointed for two-year terms, beginning on July 1. All other persons appointed to the Council were appointed for an initial term ending on June 30, 2001, and, after those initial terms, persons shall be appointed for two-year terms beginning on July 1. (1998-202, s. 1(b); 1999-423, s. 15; 2000-137, s. 1(b); 2001-199, s. 2; 2011-145, s. 19.1(t), (fff).)
§ 143B-848. Vacancies; removal.
Appointments to fill vacancies shall be for the remainder of the former member's term.
Members shall be removed only for malfeasance or nonfeasance as determined by the board of county commissioners. (1998-202, s. 1(b); 2000-137, s. 1(b); 2011-145, s. 19.1(t).)
§ 143B-849. Meetings; quorum.
County Councils shall meet at least six times per year, or more often if a meeting is called by the chair.
A majority of members constitutes a quorum. (1998-202, s. 1(b); 1999-423, s. 16; 2000-137, s. 1(b); 2011-145, s. 19.1(t); 2020-83, s. 3.)
§ 143B-850. Compensation of members.
Members of County Councils shall receive no compensation but may receive a per diem in an amount established by the board of county commissioners. (1998-202, s. 1(b); 2000-137, s. 1(b); 2011-145, s. 19.1(t).)
§ 143B-851. Powers and duties.
(a) Each County Council shall review biennially the needs of juveniles in the county who are at risk of delinquency or who have been adjudicated undisciplined or delinquent and the resources available to address those needs. In particular, each County Council shall assess the needs of juveniles in the county who are at risk or who have been associated with gangs or gang activity, and the local resources that are established to address those needs. The Council shall develop and advertise a request for proposal process and submit a written plan of action for the expenditure of juvenile sanction and prevention funds to the board of county commissioners for its approval. Upon the county's authorization, the plan shall be submitted to the Division for final approval and subsequent implementation.
(b) Each County Council shall ensure that appropriate intermediate dispositional options are available and shall prioritize funding for dispositions of intermediate and community-level sanctions for court-adjudicated juveniles under minimum standards adopted by the Division.
(c) On an ongoing basis, each County Council shall:
(1) Assess the needs of juveniles in the community, evaluate the adequacy of resources available to meet those needs, and develop or propose ways to address unmet needs.
(2) Evaluate the performance of juvenile services and programs in the community. The Council shall evaluate each funded program as a condition of continued funding.
(3) Increase public awareness of the causes of delinquency and of strategies to reduce the problem.
(4) Develop strategies to intervene and appropriately respond to and treat the needs of juveniles at risk of delinquency through appropriate risk assessment instruments.
(5) Provide funds for services for treatment, counseling, or rehabilitation for juveniles and their families. These services may include court-ordered parenting responsibility classes.
(6) Plan for the establishment of a permanent funding stream for delinquency prevention services.
(7) Develop strategies to intervene and appropriately respond to the needs of juveniles who have been associated with gang activity or who are at risk of becoming associated with gang activity.
(d) The Councils may examine the benefits of joint program development between counties and judicial districts. (1998-202, s. 1(b); 2000-137, s. 1(b); 2008-56, s. 3; 2011-145, s. 19.1(l), (t); 2017-186, s. 1(t11); 2020-83, s. 4; 2021-180, s. 19C.9(aa).)
§ 143B-852. Department of Public Safety to report on Juvenile Crime Prevention Council grants.
(a) On or before February 1 of each year, the Department of Public Safety shall submit to the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety and the Chairs of the House of Representatives Appropriations Committee on Justice and Public Safety and the Senate Appropriations Committee on Justice and Public Safety a list of the recipients of the grants awarded, or preapproved for award, from funds appropriated to the Department for local Juvenile Crime Prevention Council (JCPC) grants, including the following information:
(1) The amount of the grant awarded.
(2) The membership of the local committee or council administering the award funds on the local level.
(3) The type of program funded.
(4) A short description of the local services, programs, or projects that will receive funds.
(5) Identification of any programs that received grant funds at one time but for which funding has been eliminated by the Department.
(6) The number of at-risk, diverted, and adjudicated juveniles served by each county.
(7) The Department's actions to ensure that county JCPCs prioritize funding for dispositions of intermediate and community-level sanctions for court-adjudicated juveniles under minimum standards adopted by the Department.
(8) The total cost for each funded program, including the cost per juvenile and the essential elements of the program.
(b) On or before February 1 of each year, the Department of Public Safety shall send to the Fiscal Research Division of the Legislative Services Commission an electronic copy of the list and information required under subsection (a) of this section. (2013-360, s. 16D.2(a); 2017-57, s. 16D.3.)
§ 143B-853. Funding for programs.
(a) Annually, the Division of Juvenile Justice shall develop and implement a funding mechanism for programs that meet the standards developed under this Subpart. The Division shall ensure that the guidelines for the State and local partnership's funding process include the following requirements:
(1) Fund effective programs. - The Division shall fund programs that it determines to be effective in preventing delinquency and recidivism. Programs that have proven to be ineffective shall not be funded.
(2) Use a formula for the distribution of funds. - A funding formula shall be developed that ensures that even the smallest counties will be able to provide the basic prevention and alternative services to juveniles in their communities.
(3) Allow and encourage local flexibility. - A vital component of the State and local partnership established by this section is local flexibility to determine how best to allocate prevention and alternative funds.
(4) Combine resources. - Counties shall be allowed and encouraged to combine resources and services.
(5) Allow for a two-year funding cycle. - In the discretion of the Division, awards may be provided in amounts that fund two years of services for programs that meet the requirements of this section and have been awarded funds in a prior funding cycle.
(b) The Division shall adopt rules to implement this section. The Division shall provide technical assistance to County Councils and shall require them to evaluate all State-funded programs and services on an ongoing and regular basis.
(c) The Division of Juvenile Justice of the Department of Public Safety shall report to the Senate and House of Representatives Appropriations Subcommittees on Justice and Public Safety no later than March 1, 2006, and annually thereafter, on the results of intensive intervention services. Intensive intervention services are evidence-based or research-supported community-based or residential services that are necessary for a juvenile in order to (i) prevent the juvenile's commitment to a youth development center or detention facility, (ii) facilitate the juvenile's successful return to the community following commitment, or (iii) prevent further involvement in the juvenile justice system. Specifically, the report shall provide a detailed description of each intensive intervention service, including the numbers of juveniles served, their adjudication status at the time of service, the services and treatments provided, the length of service, the total cost per juvenile, and the six- and 12-month recidivism rates for the juveniles after the termination of program services. (1998-202, s. 1(b); 2000-137, s. 1(b); 2005-276, s. 16.11(c); 2011-145, s. 19.1(l), (x), (ggg); 2017-186, s. 2(llllll); 2020-83, s. 5; 2021-123, s. 6(e); 2021-180, s. 19C.9(y), (z).)
§ 143B-854: Reserved for future codification purposes.
§ 143B-855: Reserved for future codification purposes.
§ 143B-856: Reserved for future codification purposes.
§ 143B-857: Reserved for future codification purposes.
§ 143B-858: Reserved for future codification purposes.
§ 143B-859: Reserved for future codification purposes.
§ 143B-860: Reserved for future codification purposes.
§ 143B-861: Reserved for future codification purposes.
§ 143B-862: Reserved for future codification purposes.
§ 143B-863: Reserved for future codification purposes.
§ 143B-864: Reserved for future codification purposes.
§ 143B-865: Reserved for future codification purposes.
§ 143B-866: Reserved for future codification purposes.
§ 143B-867: Reserved for future codification purposes.
§ 143B-868: Reserved for future codification purposes.
§ 143B-869: Reserved for future codification purposes.
§ 143B-870: Reserved for future codification purposes.
§ 143B-871: Reserved for future codification purposes.
§ 143B-872: Reserved for future codification purposes.
§ 143B-873: Reserved for future codification purposes.
§ 143B-874: Reserved for future codification purposes.
§ 143B-875: Reserved for future codification purposes.
§ 143B-876: Reserved for future codification purposes.
§ 143B-877: Reserved for future codification purposes.
§ 143B-878: Reserved for future codification purposes.
§ 143B-879: Reserved for future codification purposes.
§ 143B-880: Reserved for future codification purposes.
§ 143B-881: Reserved for future codification purposes.
§ 143B-882: Reserved for future codification purposes.
§ 143B-883: Reserved for future codification purposes.
§ 143B-884: Reserved for future codification purposes.
§ 143B-885: Reserved for future codification purposes.
§ 143B-886: Reserved for future codification purposes.
§ 143B-887: Reserved for future codification purposes.
§ 143B-888: Reserved for future codification purposes.
§ 143B-889: Reserved for future codification purposes.
§ 143B-890: Reserved for future codification purposes.
§ 143B-891: Reserved for future codification purposes.
§ 143B-892: Reserved for future codification purposes.
§ 143B-893: Reserved for future codification purposes.
§ 143B-894: Reserved for future codification purposes.
§ 143B-895: Reserved for future codification purposes.
§ 143B-896: Reserved for future codification purposes.
§ 143B-897: Reserved for future codification purposes.
§ 143B-898: Reserved for future codification purposes.
§ 143B-899: Reserved for future codification purposes.
Subpart A. General Provisions.
§ 143B-900: Recodified as G.S. 143B-911 by Session Laws 2014-100, s. 17.1(i), effective July 1, 2014.
§ 143B-901. Reporting system and database on certain domestic-violence-related homicides; reports by law enforcement agencies required; annual report to the General Assembly.
The Department of Public Safety, in consultation with the North Carolina Council for Women/Domestic Violence Commission, the North Carolina Sheriffs' Association, and the North Carolina Association of Chiefs of Police, shall develop a reporting system and database that reflects the number of homicides in the State where the offender and the victim had a personal relationship, as defined by G.S. 50B-1(b). The information in the database shall also include the type of personal relationship that existed between the offender and the victim, whether the victim had obtained an order pursuant to G.S. 50B-3, and whether there was a pending charge for which the offender was on pretrial release pursuant to G.S. 15A-534.1. All State and local law enforcement agencies shall report information to the Department of Public Safety upon making a determination that a homicide meets the reporting system's criteria. The report shall be made in the format adopted by the Department of Public Safety. The Department of Public Safety shall report to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety, no later than April 1 of each year, with the data collected for the previous calendar year. (2007-14, s. 2; 2014-100, ss. 17.1(g), (rr); 2016-94, s. 17B.2.)
§ 143B-902. Powers and duties of the Department of Public Safety with respect to criminal information.
In addition to its other duties, it shall be the duty of the Department of Public Safety to do all of the following:
(1) To collect and correlate information in criminal law administration, including crimes committed, arrests made, dispositions on preliminary hearings, prosecutions, convictions, acquittals, punishment, appeals, together with the age, race, and sex of the offender, the necessary data to make a trace regarding all firearms seized, forfeited, found, or otherwise coming into the possession of any State or local law enforcement agency of the State that are believed to have been used in the commission of a crime, and such other information concerning crime and criminals as may appear significant or helpful. To correlate such information with the operations of agencies and institutions charged with the supervision of offenders on probation, in penal and correctional institutions, on parole and pardon, so as to show the volume, variety and tendencies of crime and criminals and the workings of successive links in the machinery set up for the administration of the criminal law in connection with the arrests, trial, punishment, probation, prison parole and pardon of all criminals in North Carolina.
(2) To collect, correlate, and maintain access to information that will assist in the performance of duties required in the administration of criminal justice throughout the State. This information may include, but is not limited to, motor vehicle registration, drivers' licenses, wanted and missing persons, stolen property, warrants, stolen vehicles, firearms registration, sexual offender registration as provided under Article 27A of Chapter 14 of the General Statutes, drugs, drug users and parole and probation histories. In performing this function, the Division may arrange to use information available in other agencies and units of State, local and federal government, but shall provide security measures to insure that such information shall be made available only to those whose duties, relating to the administration of justice, require such information.
(3) To make scientific study, analysis and comparison from the information so collected and correlated with similar information gathered by federal agencies, and to provide the Governor and the General Assembly with the information so collected biennially, or more often if required by the Governor.
(4) To perform all the duties heretofore imposed by law upon the Attorney General with respect to criminal statistics.
(5) Repealed by Session Laws 2014-100, s. 17.1(ss), effective July 1, 2014.
(6) To promulgate rules and regulations for the administration of this Article. (1939, c. 315, s. 2; 1955, c. 1257, ss. 1, 2; 1969, c. 1267, s. 1; 1995, c. 545, s. 2; 1999-26, s. 1; 1999-225, s. 1; 2000-67, s. 17.2(a); 2001-424, s. 23.7(a); 2002-159, s. 18(a); 2012-182, s. 1; 2014-100, ss. 17.1(h), (ss).)
§ 143B-903. Collection of traffic law enforcement statistics.
(a) In addition to its other duties, the Department of Public Safety shall collect, correlate, and maintain the following information regarding traffic law enforcement by law enforcement officers:
(1) The number of drivers stopped for routine traffic enforcement by law enforcement officers, the officer making each stop, the date each stop was made, the agency of the officer making each stop, and whether or not a citation or warning was issued.
(2) Identifying characteristics of the drivers stopped, including the race or ethnicity, approximate age, and sex.
(3) The alleged traffic violation that led to the stop.
(4) Whether a search was instituted as a result of the stop.
(5) Whether the vehicle, personal effects, driver, or passenger or passengers were searched, and the race or ethnicity, approximate age, and sex of each person searched.
(6) Whether the search was conducted pursuant to consent, probable cause, or reasonable suspicion to suspect a crime, including the basis for the request for consent, or the circumstances establishing probable cause or reasonable suspicion.
(7) Whether any contraband was found and the type and amount of any such contraband.
(8) Whether any written citation or any oral or written warning was issued as a result of the stop.
(9) Whether an arrest was made as a result of either the stop or the search.
(10) Whether any property was seized, with a description of that property.
(11) Whether the officers making the stop encountered any physical resistance from the driver or passenger or passengers.
(12) Whether the officers making the stop engaged in the use of force against the driver, passenger, or passengers for any reason.
(13) Whether any injuries resulted from the stop.
(14) Whether the circumstances surrounding the stop were the subject of any investigation, and the results of that investigation.
(15) The geographic location of the stop; if the officer making the stop is a member of the State Highway Patrol, the location shall be the Highway Patrol District in which the stop was made; for all other law enforcement officers, the location shall be the city or county in which the stop was made.
(b) For purposes of this section, "law enforcement officer" means any of the following:
(1) All State law enforcement officers.
(2) Law enforcement officers employed by county sheriffs or county police departments.
(3) Law enforcement officers employed by police departments in municipalities with a population of 10,000 or more persons.
(4) Law enforcement officers employed by police departments in municipalities employing five or more full-time sworn officers for every 1,000 in population, as calculated by the Department for the calendar year in which the stop was made.
(c) The information required by this section need not be collected in connection with impaired driving checks under G.S. 20-16.3A or other types of roadblocks, vehicle checks, or checkpoints that are consistent with the laws of this State and with the State and federal constitutions, except when those stops result in a warning, search, seizure, arrest, or any of the other activity described in subdivisions (4) through (14) of subsection (a) of this section.
(d) Each law enforcement officer making a stop covered by subdivision (1) of subsection (a) of this section shall be assigned an anonymous identification number by the officer's employing agency. The anonymous identifying number shall be public record and shall be reported to the Department to be correlated along with the data collected under subsection (a) of this section. The correlation between the identification numbers and the names of the officers shall not be a public record, and shall not be disclosed by the agency except when required by order of a court of competent jurisdiction to resolve a claim or defense properly before the court.
(e) Any agency subject to the requirements of this section shall submit information collected under subsection (a) of this section to the Department within 60 days of the close of each month. Any agency that does not submit the information as required by this subsection shall be ineligible to receive any law enforcement grants available by or through the State until the information which is reasonably available is submitted.
(f) The Department shall publish and distribute by December 1 of each year a list indicating the law enforcement officers that will be subject to the provisions of this section during the calendar year commencing on the following January 1. (1939, c. 315, s. 2; 1955, c. 1257, ss. 1, 2; 1969, c. 1267, s. 1; 1995, c. 545, s. 2; 1999-26, s. 1; 1999-225, s. 1; 2000-67, s. 17.2(a); 2001-424, s. 23.7(a); 2002-159, s. 18(a), (b); 2009-544, s. 1; 2012-182, s. 1; 2014-100, ss. 17.1(h), (tt).)
§ 143B-904. Collection of statistics on the use of deadly force by law enforcement officers.
(a) In addition to its other duties, the Department of Public Safety shall collect, maintain, and annually publish the number of deaths, by law enforcement agency, resulting from the use of deadly force by law enforcement officers in the course and scope of their official duties.
(b) For purposes of this section, "law enforcement officer" means sworn law enforcement officers with the power of arrest, both State and local. (2009-106, s. 1; 2012-182, ss. 1; 2014-100, s. 17.1(h), (uu).)
§ 143B-905. Criminal Information Network.
(a) The Department of Public Safety is authorized to establish, devise, maintain and operate a system for receiving and disseminating to participating agencies information collected, maintained and correlated under authority of G.S. 143B-902. The system shall be known as the Criminal Information Network.
(b) The Department of Public Safety is authorized to cooperate with the Division of Motor Vehicles, Department of Administration, and other State, local and federal agencies and organizations in carrying out the purpose and intent of this section, and to utilize, in cooperation with other State agencies and to the extent as may be practical, computers and related equipment as may be operated by other State agencies.
(c) The Department of Public Safety, after consultation with participating agencies, shall adopt rules and regulations governing the organization and administration of the Criminal Information Network, including rules and regulations governing the types of information relating to the administration of criminal justice to be entered into the system, and who shall have access to such information. The rules and regulations governing access to the Criminal Information Network shall not prohibit an attorney who has entered a criminal proceeding in accordance with G.S. 15A-141 from obtaining information relevant to that criminal proceeding. The rules and regulations governing access to the Criminal Information Network shall not prohibit an attorney who represents a person in adjudicatory or dispositional proceedings for an infraction from obtaining the person's driving record or criminal history.
(d) The Department may impose monthly fees on participating agencies. The monthly fees collected under this subsection shall be used to offset the cost of operating and maintaining the Criminal Information Network.
(1) The Department may impose a monthly circuit fee on agencies that access the Criminal Information Network through a circuit maintained and operated by the Department of Public Safety. The amount of the monthly fee is three hundred dollars ($300.00) plus an additional fee amount for each device linked to the Network. The additional fee amount varies depending upon the type of device. For a desktop device after the first seven desktop devices, the additional monthly fee is twenty-five dollars ($25.00) per device. For a mobile device, the additional monthly fee is twelve dollars ($12.00) per device.
(2) The Department may impose a monthly device fee on agencies that access the Criminal Information Network through some other approved means. The amount of the monthly device fee varies depending upon the type of device. For a desktop device, the monthly fee is twenty-five dollars ($25.00) per device. For a mobile device, the fee is twelve dollars ($12.00) per device. (1969, c. 1267, s. 2; 1975, c. 716, s. 5; 1977, c. 836; 1993, c. 39, s. 1; 2005-276, ss. 43.4(a), 43.4(b); 2011-145, s. 19.1(h); 2012-83, s. 36; 2012-182, s. 1; 2014-100, ss. 17.1(h), (vv).)
§ 143B-906. Criminal statistics.
It shall be the duty of the State Bureau of Investigation to receive and collect criminal information, to assist in locating, identifying, and keeping records of criminals in this State, and from other states, and to compare, classify, compile, publish, make available and disseminate any and all such information to the sheriffs, constables, police authorities, courts or any other officials of the State requiring such criminal identification, crime statistics and other information respecting crimes local and national, and to conduct surveys and studies for the purpose of determining so far as is possible the source of any criminal conspiracy, crime wave, movement or cooperative action on the part of the criminals, reporting such conditions, and to cooperate with all officials in detecting and preventing. (1965, c. 1049, s. 1; 1973, c. 1286, s. 19; 1989, c. 772, s. 3; 1989 (Reg. Sess., 1990), c. 814, s. 9; 2000-119, s. 7; 2003-214, s. 1(1); 2014-100, ss. 17.1(k), (zzz).)
§ 143B-907. Public law enforcement database regulation.
Unless specifically authorized to do so by an act of the General Assembly, no State agency or political subdivision of the State may create or maintain a database that compiles and makes available to the public information or data regarding (i) critical incidents as defined by G.S. 17C-2(3a) or G.S. 17E-2(4) or (ii) disciplinary actions taken against law enforcement officers. (2021-180, s. 18.4A(a).)
§ 143B-908: Reserved for future codification purposes.
§ 143B-909: Reserved for future codification purposes.
§ 143B-910: Reserved for future codification purposes.
Subpart B. State Capitol Police Division.
§ 143B-911. Creation of State Capitol Police Division; powers and duties.
(a) Division Established. - There is created the State Capitol Police Division of the Department of Public Safety with the organization, powers, and duties defined in Article 1 of this Chapter, except as modified in this Part.
(b) Purpose. - The State Capitol Police Division shall serve as a police agency of the Department of Public Safety. The Chief of the State Capitol Police, appointed by the Secretary pursuant to G.S. 143B-602, with the approval of the Governor, may appoint as police officers such reliable persons as the Chief may deem necessary.
(c) Appointment of Officers. - Police officers appointed pursuant to this section may not exercise the power of arrest until they shall take an oath, to be administered by any person authorized to administer oaths, as required by law.
(d) Jurisdiction of Officers. - Each State Capitol Police officer shall have the following authority:
(1) The same power of arrest as the police officers of the City of Raleigh. Such authority may be exercised within the same territorial jurisdiction as exercised by the police officers of the City of Raleigh.
(2) The same authority as a deputy sheriff in buildings and on the grounds of property owned, leased, or maintained by the State located in Wake County.
(3) The same authority as a deputy sheriff in a building or a portion of a building, or on the grounds thereof, when owned or leased by the State, located anywhere in the State, when the State agency responsible for that building or any portion thereof executes a written agreement for service with the State Capitol Police related to that specific building or portion thereof.
(e) Public Safety. - The Chief of the State Capitol Police, or the Chief's designee, shall exercise at all times those means that, in the opinion of the Chief or the designee, may be effective in protecting all State buildings and grounds, except for the State legislative buildings and grounds as defined in G.S. 120-32.1(d), and the persons within those buildings and grounds from fire, bombs, bomb threats, or any other emergency or potentially hazardous conditions, including both the ordering and control of the evacuation of those buildings and grounds. The Chief, or the Chief's designee, may employ the assistance of other available law enforcement agencies and emergency agencies to aid and assist in evacuations of those buildings and grounds. (2009-451, s. 17.3(f); 2011-145, s. 19.1(g), (u), (y); 2014-100, s. 17.1(i); 2015-241, s. 16A.7(f); 2015-267, s. 3; 2017-57, s. 16B.10(c); 2023-86, s. 1(a).)
§ 143B-912: Reserved for future codification purposes.
§ 143B-913: Reserved for future codification purposes.
§ 143B-914: Reserved for future codification purposes.
Subpart C. State Bureau of Investigation.
§ 143B-915: Recodified as G.S. 143B-1208.1 by Session Laws 2023-134, s. 19F.4(f), effective December 1, 2023.
§ 143B-916: Recodified as G.S. 143B-1208.2 by Session Laws 2023-134, s. 19F.4(f), effective December 1, 2023.
§ 143B-917: Recodified as G.S. 143B-1208.3 by Session Laws 2023-134, s. 19F.4(f), effective December 1, 2023.
§ 143B-918: Recodified as G.S. 143B-1208.4 by Session Laws 2023-134, s. 19F.4(f), effective December 1, 2023.
§ 143B-919: Recodified as G.S. 143B-1208.5 by Session Laws 2023-134, s. 19F.4(f), effective December 1, 2023.
§ 143B-920: Recodified as G.S. 143B-1208.1 by Session Laws 2023-134, s. 19F.4(f), effective December 1, 2023.
§ 143B-921: Recodified as G.S. 143B-1208.7 by Session Laws 2023-134, s. 19F.4(f), effective December 1, 2023.
§ 143B-922: Recodified as G.S. 143B-1208.8 by Session Laws 2023-134, s. 19F.4(f), effective December 1, 2023.
§ 143B-923: Recodified as G.S. 143B-1208.9 by Session Laws 2023-134, s. 19F.4(f), effective December 1, 2023.
§ 143B-924: Recodified as G.S. 143B-1208.10 by Session Laws 2023-134, s. 19F.4(f), effective December 1, 2023.
§ 143B-925: Recodified as G.S. 143B-1208.11 by Session Laws 2023-134, s. 19F.4(f), effective December 1, 2023.
§ 143B-926: Recodified as G.S. 143B-1208.12 by Session Laws 2023-134, s. 19F.4(f), effective December 1, 2023.
§ 143B-927: Recodified as G.S. 143B-1208.13 by Session Laws 2023-134, s. 19F.4(f), effective December 1, 2023.
§ 143B-928. Repealed by Session Laws 2019-203, s. 3, effective October 1, 2019.
§ 143B-929: Recodified as G.S. 143B-1208.14 by Session Laws 2023-134, s. 19F.4(f), effective December 1, 2023.
Subpart D. Criminal History Record Checks.
§ 143B-930: Recodified as G.S. 143B-1209.10 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-931: Recodified as G.S. 143B-1209.11 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-932: Recodified as G.S. 143B-1209.12 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-933: Recodified as G.S. 143B-1209.13 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-934: Recodified as G.S. 143B-1209.14 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-935: Recodified as G.S. 143B-1209.15 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-935.1: Recodified as G.S. 143B-1209.16 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-936: Recodified as G.S. 143B-1209.17 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-937: Recodified as G.S. 143B-1209.18 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-938: Recodified as G.S. 143B-1209.19 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-939: Recodified as G.S. 143B-1209.20 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-940: Recodified as G.S. 143B-1209.21 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-941: Recodified as G.S. 143B-1209.22 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-942: Recodified as G.S. 143B-1209.23 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-943: Recodified as G.S. 143B-1209.24 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-944: Recodified as G.S. 143B-1209.25 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-945: Recodified as G.S. 143B-1209.26 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-946: Recodified as G.S. 143B-1209.27 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-947: Recodified as G.S. 143B-1209.28 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-948: Recodified as G.S. 143B-1209.29 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-949: Recodified as G.S. 143B-1209.30 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-950: Recodified as G.S. 143B-1209.10 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-951: Recodified as G.S. 143B-1209.32 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-952: Recodified as G.S. 143B-1209.33 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-953: Recodified as G.S. 143B-1209.34 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-954: Recodified as G.S. 143B-1209.10 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-955: Recodified as G.S. 143B-1209.36 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-956: Recodified as G.S. 143B-1209.37 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-957: Recodified as G.S. 143B-1209.38 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-958: Recodified as G.S. 143B-1209.39 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-959: Recodified as G.S. 143B-1209.40 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-960: Recodified as G.S. 143B-1209.41 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-961: Recodified as G.S. 143B-1209.42 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-962: Recodified as G.S. 143B-1209.43 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-963: Recodified as G.S. 143B-1209.44 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-964: Recodified as G.S. 143B-1209.45 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-965: Recodified as G.S. 143B-1209.46 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-966: Recodified as G.S. 143B-1209.47 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-967: Recodified as G.S. 143B-1209.48 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-968: Recodified as G.S. 143B-1209.49 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-969: Recodified as G.S. 143B-1209.50 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-970: Recodified as G.S. 143B-1209.51 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-971: Recodified as G.S. 143B-1209.52 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-972: Recodified as G.S. 143B-1209.53 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-972.1: Recodified as G.S. 143B-1209.54 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-973: Recodified as G.S. 143B-1209.55 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-974: Recodified as G.S. 143B-1209.56 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-975: Reserved for future codification purposes.
§ 143B-976: Recodified as G.S. 143B-1209.57 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-977: Reserved for future codification purposes.
§ 143B-978: Reserved for future codification purposes.
§ 143B-979: Reserved for future codification purposes.
§ 143B-980: Reserved for future codification purposes.
§ 143B-981: Recodified as G.S. 143B-1209.58 by Session Laws 2023-134, s. 19F.4(i), effective December 1, 2023.
§ 143B-982: Reserved for future codification purposes.
§ 143B-983: Reserved for future codification purposes.
§ 143B-984: Reserved for future codification purposes.
§ 143B-985: Reserved for future codification purposes.
§ 143B-986. Authority to provide protection to certain public officials.
The North Carolina State Bureau of Investigation is authorized to provide protection to public officials who request it, and who, in the discretion of the Director of the Bureau demonstrate a need for such protection. The Director of the Bureau shall notify the Governor whenever the State Bureau of Investigation provides protection to public officials pursuant to this section. The bureau shall not provide protection for any individual other than the Governor for a period greater than 30 days without review and approval by the Governor. This review and reapproval shall be required at the end of each 30-day period. (1977, c. 571; 2003-214, s. 1(3); 2011-145, s. 19.1(q1); 2011-391, s. 43(g); 2014-100, ss. 17.1(n), (bbb).)
§ 143B-987. Authority to designate areas for protection of public officials.
(a) The Director of the State Bureau of Investigation is authorized to designate buildings and grounds which constitute temporary residences or temporary offices of any public official being protected under authority of G.S. 143B-986, or any area that will be visited by any such official, a public building or facility during the time of such use.
(b) The Director of the State Bureau of Investigation may, with the consent of the official to be protected, make rules governing ingress to or egress from such buildings, grounds or areas designated under this section. (1981, c. 499, s. 1; 2003-214, s. 1(3); 2011-145, s. 19.1(q1); 2011-391, s. 43(g); 2014-100, ss. 17.1(n), (ccc).)
§ 143B-988: Reserved for future codification purposes.
§ 143B-989: Reserved for future codification purposes.
Subpart F. Alcohol Law Enforcement Division.
§ 143B-990. Creation of Alcohol Law Enforcement Division of the Department of Public Safety.
There is created and established a division to be known as the Alcohol Law Enforcement Division of the Department of Public Safety with the organization, powers, and duties defined in Article 1 of this Chapter and G.S. 18B-500, except as modified in this Part. (2019-203, s. 2.)
§ 143B-991: Reserved for future codification purposes.
§ 143B-992: Reserved for future codification purposes.
§ 143B-993: Reserved for future codification purposes.
§ 143B-994: Reserved for future codification purposes.
§ 143B-995: Reserved for future codification purposes.
§ 143B-996: Reserved for future codification purposes.
§ 143B-997: Reserved for future codification purposes.
§ 143B-998: Reserved for future codification purposes.
§ 143B-999: Reserved for future codification purposes.
Subpart A. Emergency Management Division.
§ 143B-1000. Division of Emergency Management of the Department of Public Safety.
(a) There is established, within the Department of Public Safety, the Division of Emergency Management, which shall be organized and staffed in accordance with applicable laws and regulations and within the limits of authorized appropriations.
(b) The Division of Emergency Management shall have the following powers and duties:
(1) Repealed by Session Laws 2011-145, s. 19.1(aa), effective January 1, 2012.
(2) To exercise the powers and duties conferred on it by Chapter 166A of the General Statutes.
(3) To exercise any other powers vested by law. (2009-397, s. 3; 2011-145, s. 19.1(g), (w), (aa).)
§ 143B-1001. Samarcand Training Academy.
(a) There is established, within the Department of Public Safety, the Samarcand Training Academy.
(b) The Department of Public Safety shall employ the staff of the Samarcand Training Academy and the Secretary of Public Safety shall direct its operations.
(c) The Samarcand Training Academy's duties shall include, but are not limited to, all of the following:
(1) Delivering or providing use of its facilities for training programs for public safety personnel or agencies, including:
a. Federal, State, and local law enforcement agencies.
b. Federal and State correction agencies.
c. The North Carolina National Guard.
d. The United States Military.
e. Jails and other correctional facilities maintained by local governments.
f. The courts of the State and juvenile justice agencies.
g. Any other agency with a public safety objective.
(2) Developing a predetermined fee structure designed to cover actual costs of material services for the use of its facilities.
(3) Taking other actions as may be deemed necessary or appropriate to carry out its assigned duties and responsibilities, as directed by the Secretary of Public Safety. (2023-86, s. 8.)
§ 143B-1002: Reserved for future codification purposes.
§ 143B-1003: Reserved for future codification purposes.
§ 143B-1004: Reserved for future codification purposes.
§ 143B-1005: Reserved for future codification purposes.
§ 143B-1006: Reserved for future codification purposes.
§ 143B-1007: Reserved for future codification purposes.
§ 143B-1008: Reserved for future codification purposes.
§ 143B-1009: Reserved for future codification purposes.
Subpart B. North Carolina Center for Missing Persons.
§ 143B-1010. North Carolina Center for Missing Persons established.
There is established within the Department of Public Safety the North Carolina Center for Missing Persons, which shall be organized and staffed in accordance with applicable laws. The purpose of the Center is to serve as a central repository for information regarding missing persons and missing children, with special emphasis on missing children. The Center may utilize the Federal Bureau of Investigation/National Crime Information Center's missing person computerized file (hereinafter referred to as FBI/NCIC) through the use of the Police Information Network in the North Carolina Department of Justice. (1985, c. 765, s. 1; 1985 (Reg. Sess., 1986), c. 1000, s. 1; 2011-145, s. 19.1(g), (w).)
§ 143B-1011. Definitions.
For the purpose of this Part:
(1) Missing child. - A juvenile as defined in G.S. 7B-101 whose location has not been determined, who has been reported as missing to a law-enforcement agency, and whose parent's, spouse's, guardian's or legal custodian's temporary or permanent residence is in North Carolina or is believed to be in North Carolina.
(2) Missing person. - Any individual who is 18 years of age or older, whose temporary or permanent residence is in North Carolina, or is believed to be in North Carolina, whose location has not been determined, and who has been reported as missing to a law-enforcement agency.
(3) Missing person report. - A report prepared on a prescribed form for transmitting information about a missing person or a missing child to an appropriate law-enforcement agency.
(4) NamUs. - The National Missing and Unidentified Persons System created by the United States Department of Justice's National Institute of Justice. (1985 (Reg. Sess., 1986), c. 1000, s. 1; 1998-202, s. 13(mm); 2011-145, s. 19.1(w); 2019-90, s. 1.)
§ 143B-1012. Control of the Center.
The Center is under the direction of the Secretary of the Department of Public Safety and may be organized and structured in a manner as the Secretary deems appropriate to ensure that the objectives of the Center are achieved. The Secretary may employ those Center personnel as the General Assembly may authorize and provide funding for. (1985 (Reg. Sess., 1986), c. 1000, s. 1; 2011-145, s. 19.1(g), (w).)
§ 143B-1013. Secretary to adopt rules.
The Secretary shall adopt rules prescribing all of the following:
(1) Procedures for accepting and disseminating information maintained at the Center.
(2) The confidentiality of the data and information, including the missing person report, maintained by the Center.
(3) The proper disposition of all obsolete data, including the missing person report; provided, data for an individual who has reached the age of 18 and remains missing must be preserved.
(4) Procedures allowing a communication link with the Police Information Network and the FBI/NCIC's missing person file to ensure compliance with FBI/NCIC policies.
(5) Forms, including but not limited to a missing person report, considered necessary for the efficient and proper operation of the Center. (1985 (Reg. Sess., 1986), c. 1000, s. 1; 2011-145, s. 19.1(w); 2019-90, s. 1.)
§ 143B-1014. Submission of missing person reports to the Center.
Any parent, spouse, guardian, legal custodian, or person responsible for the supervision of the missing individual may submit a missing person report to the Center of any missing child or missing person, regardless of the circumstances, after having first submitted a missing person report on the individual to the law-enforcement agency having jurisdiction of the area in which the individual became or is believed to have become missing, regardless of the circumstances. (1985 (Reg. Sess., 1986), c. 1000, s. 1; 2007-469, s. 1; 2011-145, s. 19.1(w).)
§ 143B-1015. Dissemination of missing persons data by law-enforcement agencies.
(a) A law-enforcement agency, upon receipt of a missing person report by a parent, spouse, guardian, legal custodian, or person responsible for the supervision of the missing individual shall immediately make arrangements for the entry of data about the missing person or missing child into the national missing persons file in accordance with criteria set forth by the FBI/NCIC, immediately inform all of its on-duty law-enforcement officers of the missing person report, initiate a statewide broadcast to all appropriate law-enforcement agencies to be on the lookout for the individual, and transmit a copy of the report to the Center. No law enforcement agency shall establish or maintain any policy which requires the observance of any waiting period before accepting a missing person report.
If the report involves a missing child and the report meets the criteria established in G.S. 143B-1021(b), as soon as practicable after receipt of the report, the law enforcement agency shall notify the Center and the National Center for Missing and Exploited Children of the relevant data about the missing child.
(b) A law-enforcement agency may enter information from a missing person report or about an unidentified person into NamUs at any time.
(c) A law-enforcement agency shall enter information from a missing person report or about an unidentified person into NamUs in any of the following circumstances:
(1) A missing person has been missing for more than 90 days.
(2) An unidentified person has not been identified for more than 90 days following the person's death.
(3) A missing child has been missing for more than 90 days.
(d) If a law-enforcement agency enters information into NamUs pursuant to subsection (b) or (c) of this section, the law-enforcement agency shall do all of the following:
(1) Include all information regarding the missing child or person, or unidentified person, including medical records, DNA records, and dental records.
(2) Enter into NamUs the fact that (i) a missing child or person has been found or (ii) an unidentified person has been identified, if either of these circumstances occurs following the original entry of the person's information into NamUs. (1985 (Reg. Sess., 1986), c. 1000, s. 1; 2002-126, s. 18.7(a); 2003-191, s. 1; 2007-469, s. 2; 2011-145, s. 19.1(w), (yy); 2019-90, s. 1; 2023-86, s. 3(a).)
§ 143B-1016. Responsibilities of Center.
The Center shall do all of the following:
(1) Assist local law-enforcement agencies with entering data about missing persons or missing children into the national missing persons file, ensure that proper entry criteria have been met as set forth by the FBI/NCIC, and confirm entry of the data about the missing persons or missing children.
(2) Gather and distribute information and data on missing children and missing persons.
(3) Encourage research and study of missing children and missing persons, including the prevention of child abduction and the prevention of the exploitation of missing children.
(4) Serve as a statewide resource center to assist local communities in programs and initiatives to prevent child abduction and the exploitation of missing children.
(5) Continue increasing public awareness of the reasons why children are missing and vulnerability of missing children.
(6) Achieve maximum cooperation with other agencies of the State, with agencies of other states and the federal government and with the National Center for Missing and Exploited Children in rendering assistance to missing children and missing persons and their parents, guardians, spouses, or legal custodians.
(6a) Cooperate with interstate and federal efforts to identify deceased individuals.
(7) Develop and maintain the AMBER Alert System as created by G.S. 143B-1021.
(8) Forward the appropriate information to the Police Information Network to assist it in maintaining and publishing a bulletin of currently missing children and missing persons.
(9) Maintain a directory of existing public and private agencies, groups, and individuals that provide effective assistance to families in the areas of prevention of child abduction, location of missing children and missing persons, and follow-up services to the child or person and family, as determined by the Secretary of Public Safety.
(10) Annually compile and publish reports on the actual number of children and persons missing each year, listing the categories and causes, when known, for the disappearances.
(11) Provide follow-up referrals for services to missing children or persons and their families.
(12) Maintain a toll-free 1-800 telephone service that will be in service at all times.
(13) Perform such other activities that the Secretary of Public Safety considers necessary to carry out the intent of its mandate. (1985 (Reg. Sess., 1986), c. 1000, s. 1; 2002-126, s. 18.7(b); 2003-191, s. 2; 2011-145, s. 19.1(g), (w), (zz); 2019-90, s. 1.)
§ 143B-1017. Duty of individuals to notify Center and law-enforcement agency when missing person has been located.
Any parent, spouse, guardian, legal custodian, or person responsible for the supervision of the missing individual who submits a missing person report to a law-enforcement agency or to the Center, shall immediately notify the law-enforcement agency and the Center of any individual whose location has been determined. The Center shall confirm the deletion of the individual's records from the FBI/NCIC's missing person file, as long as there are no grounds for criminal prosecution, and follow up with the local law-enforcement agency having jurisdiction of the records. (1985 (Reg. Sess., 1986), c. 1000, s. 1; 2007-469, s. 3; 2011-145, s. 19.1(w).)
§ 143B-1018. Release of information by Center.
The following may make inquiries of, and receive data or information from, the Center:
(1) Any police, law-enforcement, or criminal justice agency investigating a report of a missing or unidentified person or child, whether living or deceased.
(2) A court, upon a finding by the court that access to the data, information, or records of the Center may be necessary for the determination of an issue before the court.
(3) Any district attorney of a prosecutorial district as defined in G.S. 7A-60 in this State or the district attorney's designee or representative.
(4) Any person engaged in bona fide research when approved by the Secretary; provided, no names or addresses may be supplied to this person.
(5) Any other person authorized by the Secretary of the Department of Public Safety pursuant to G.S. 143B-1013. (1985 (Reg. Sess., 1986), c. 1000, s. 1; 1987, c. 282, s. 28; 1987 (Reg. Sess., 1988), c. 1037, s. 119; 2011-145, s. 19.1(g), (w), (aaa).)
§ 143B-1019. Provision of toll-free service; instructions to callers; communication with law-enforcement agencies.
The Center shall provide a toll-free telephone line for anyone to report the disappearance of any individual or the sighting of any missing child or missing person. The Center personnel shall instruct the caller, in the case of a report concerning the disappearance of an individual, of the requirements contained in G.S. 143B-1014 of first having to submit a missing person report on the individual to the law-enforcement agency having jurisdiction of the area in which the individual became or is believed to have become missing. Any law-enforcement agency may retrieve information imparted to the Center by means of this phone line. The Center shall directly communicate any report of a sighting of a missing person or a missing child to the law-enforcement agency having jurisdiction in the area of disappearance or sighting. (1985 (Reg. Sess., 1986), c. 1000, s. 1; 2007-469, s. 4; 2011-145, s. 19.1(w), (bbb).)
§ 143B-1020. Improper release of information; penalty.
Any person working under the supervision of the Director of Victims and Justice Services who knowingly and willfully releases, or authorizes the release of, any data, information, or records maintained or possessed by the Center to any agency, entity, or person other than as specifically permitted by Subpart B or in violation of any rule adopted by the Secretary is guilty of a Class 2 misdemeanor. (1985 (Reg. Sess., 1986), c. 1000, s. 1; 1993, c. 539, s. 1050; 1994, Ex. Sess., c. 24, s. 14(c); 2011-145, s. 19.1(w).)
§ 143B-1021. North Carolina AMBER Alert System established.
(a) There is established within the North Carolina Center for Missing Persons the AMBER Alert System. The purpose of AMBER Alert is to provide a statewide system for the rapid dissemination of information regarding abducted children.
(b) The AMBER Alert System shall make every effort to disseminate information on missing children as quickly as possible when the following criteria are met:
(1) The child is 17 years of age or younger;
(2) The abduction is not known or suspected to be by a parent of the child, unless the child's life is suspected to be in danger of injury or death;
(3) The child is believed:
a. To have been abducted, or
b. To be in danger of injury or death;
(4) The child is not a runaway or voluntarily missing; and
(5) The abduction has been reported to and investigated by a law enforcement agency.
If the abduction of the child is known or suspected to be by a parent of the child, the Center, in its discretion, may disseminate information through the AMBER Alert System if the child is believed to be in danger of injury or death.
(c) The Center shall adopt guidelines and develop procedures for the statewide implementation of the AMBER Alert System and shall provide education and training to encourage radio and television broadcasters to participate in the System. The Center shall work with the Department of Justice in developing training material regarding the AMBER Alert System for law enforcement, broadcasters, and community interest groups.
(d) The Center shall consult with the Department of Transportation and develop a procedure for the use of overhead permanent changeable message signs to provide information on the abduction of a child meeting the criteria established in subsection (b) of this section, when information is available that would enable motorists to assist law enforcement in the recovery of the missing child. The Center and the Department of Transportation shall develop guidelines for the content, length, and frequency of any message to be placed on an overhead permanent changeable message sign.
(e) The Center shall consult with the Division of Emergency Management, in the Department of Public Safety, to develop a procedure for the use of the Emergency Alert System to provide information on the abduction of a child meeting the criteria established in subsection (b) of this section.
(f) The Department of Public Safety, on behalf of the Center, may accept grants, contributions, devises, and gifts, which shall be kept in a separate fund, which shall be nonreverting, and shall be used to fund the operations of the Center and the AMBER Alert System. (2002-126, s. 18.7(c); 2003-191, s. 3; 2011-145, s. 19.1(g), (w); 2011-284, s. 103.)
§ 143B-1022. North Carolina Missing Endangered System established.
(a) There is established within the North Carolina Center for Missing Persons the Missing Endangered System. The purpose of the Missing Endangered System is to provide a statewide system for the rapid dissemination of information regarding a missing person or missing child who is believed to be suffering from dementia, Alzheimer's disease, or a cognitive impairment that, in light of the person's or child's missing status, requires the person or child to be protected from potential abuse or other physical harm, neglect, or exploitation.
(b) If the Center or a law enforcement agency receives a request that involves a missing person or missing child as described in subsection (a) of this section, and at the time of receipt no more than 72 hours have passed since the person or child went missing, the Center or law enforcement agency shall issue an alert providing for rapid dissemination of information statewide regarding the missing person or missing child. The Center or law enforcement agency shall make every effort to disseminate the information as quickly as possible when the person's or child's status as missing has been reported to a law enforcement agency.
(c) The Center and all law enforcement agencies shall adopt guidelines and develop procedures for issuing an alert for missing persons and missing children as described in subsection (a) of this section and shall provide education and training to encourage radio and television broadcasters to participate in the alert. The guidelines and procedures shall ensure that specific health information about the missing person or missing child is not made public through the alert or otherwise.
(d) The Center and all law enforcement agencies shall consult with the Department of Transportation and develop a procedure for the use of overhead permanent changeable message signs to provide information on the missing person or missing child meeting the criteria of this section when information is available that would enable motorists to assist in the recovery of the missing person or missing child. The Center and the Department of Transportation shall develop guidelines for the content, length, and frequency of any message to be placed on an overhead permanent changeable message sign. (2007-469, s. 5; 2008-83, s. 1; 2009-143, s. 1; 2010-96, s. 16; 2011-145, s. 19.1(w); 2016-87, s. 3; 2023-86, s. 4(a).)
§ 143B-1023. North Carolina Blue Alert System established.
(a) There is established within the North Carolina Center for Missing Persons the Blue Alert System. The purpose of the Blue Alert System is to aid in the apprehension of a suspect who kills or inflicts serious bodily injury on a law enforcement officer by providing a statewide system for the rapid dissemination of information regarding the suspect. The term "serious bodily injury" is as defined in G.S. 14-32.4(a).
(b) The Center shall make every effort to rapidly disseminate information on a suspect when the following criteria are met:
(1) A law enforcement officer is killed or suffers serious bodily injury.
(2) A law enforcement agency with jurisdiction (i) determines that the suspect poses a threat to the public and other law enforcement personnel and (ii) possesses information that may assist in locating the suspect, including information regarding the suspect's vehicle, complete or partial license plate information, and a detailed description of the suspect, or that a law enforcement officer is missing while on duty under circumstances warranting concern for the law enforcement officer's safety.
(3) The head of a law enforcement agency with jurisdiction recommends the issuance of a blue alert to the Center.
(c) The Center shall adopt guidelines and develop procedures for the statewide implementation of the Blue Alert System and shall provide education and training to encourage radio and television broadcasters to participate in the alert.
(d) The Center shall consult with the Department of Transportation and develop a procedure for the use of overhead permanent changeable message signs to provide information on a suspect when the criteria established in subsection (b) of this section are met. The Center and the Department of Transportation shall develop guidelines for the content, length, and frequency of any message to be placed on the overhead permanent changeable message sign pursuant to the issuance of a blue alert.
(e) The Center shall consult with the Division of Emergency Management in the Department of Public Safety to develop a procedure for the use of the Blue Alert System to provide information on a suspect when the criteria established in subsection (b) of this section are met. (2016-87, s. 1.)
§ 143B-1024: Reserved for future codification purposes.
§ 143B-1025: Reserved for future codification purposes.
§ 143B-1026: Reserved for future codification purposes.
§ 143B-1027: Reserved for future codification purposes.
§ 143B-1028: Reserved for future codification purposes.
§ 143B-1029: Reserved for future codification purposes.
Subpart C. Civil Air Patrol
§ 143B-1030. Civil Air Patrol Section - powers and duties.
(a) There is hereby established, within the Department of Public Safety the Civil Air Patrol Section, which shall be organized and staffed in accordance with this Subpart and within the limits of authorized appropriations.
(b) The Civil Air Patrol Section shall:
(1) Receive and supervise the expenditure of State funds provided by the General Assembly or otherwise secured by the State of North Carolina for the use and benefit of the North Carolina Wing-Civil Air Patrol;
(2) Supervise the maintenance and use of State provided facilities and equipment by the North Carolina Wing-Civil Air Patrol;
(3) Receive, from State and local governments, their agencies, and private citizens, requests for State approval for assistance by the North Carolina Wing-Civil Air Patrol in natural or man-made disasters or other emergency situations. Such State requested and approved missions shall be approved or denied by the Secretary of Public Safety or his designee under such rules, terms and conditions as are adopted by the Department. (1979, c. 516, s. 1; 2011-145, s. 19.1(g), (w), (bb2); 2011-391, s. 43(k).)
§ 143B-1031. Personnel and benefits.
(a) The Wing Commander of the North Carolina Wing-Civil Air Patrol shall certify to the Secretary or his designee those members who are in good standing as members eligible for benefits. The Wing Commander shall provide the Secretary with two copies of the certification. The Secretary shall acknowledge receipt of, sign, and date both copies and return one to the Wing Commander. The Wing Commander shall, in the form and manner provided above, notify the Secretary of any changes in personnel within 30 days thereof. Upon the Secretary's signature, those members listed on the certification shall be eligible for the benefits listed below.
(b) Those members of the North Carolina Wing-Civil Air Patrol certified under subsection (a) of this section shall be deemed and considered employees of the Department of Public Safety for workers' compensation purposes, and for no other purposes, while performing duties incident to a State approved mission. Such period of employment shall not extend to said members while performing duties incident to a United States Air Force authorized mission or any other Wing activities. (1979, c. 516, s. 1; c. 714, s. 2; 1993, c. 389, s. 2; 2011-145, s. 19.1(g), (w).)
§ 143B-1032. State liability.
Unless otherwise specifically provided, the members of the North Carolina Wing-Civil Air Patrol shall serve without compensation and shall not be entitled to the benefits of the retirement system for teachers and State employees as set forth in Chapter 135 of the General Statutes. The provisions of Article 31 of Chapter 143 of the General Statutes, with respect to tort claims against State departments and agencies, shall not be applicable to the activities of the North Carolina Wing-Civil Air Patrol, unless those activities are State-approved missions which are not covered by the Federal Tort Claims Act. The State shall not in any manner be liable for any of the contracts, debts, or obligations of the said organization. (1979, c. 516, s. 1; 1993, c. 389, s. 1; 2011-145, s. 19.1(w).)
§ 143B-1033. Employment absence.
(a) An employer shall not discriminate against, discharge, demote, or otherwise take an adverse employment action against any employee that is a member of the North Carolina Wing-Civil Air Patrol on the basis of that membership or any absence required to perform duties if the absence is authorized pursuant to this section.
(b) An absence from employment by a member of the North Carolina Wing-Civil Air Patrol is authorized if it meets all of the following requirements:
(1) The absence is necessary to perform duties incident to a State-approved mission pursuant to G.S. 143B-1030(b)(3) or a United States Air Force authorized mission.
(2) The absence is for no more than seven consecutive scheduled working days for that employee.
(3) The total absences in a calendar year do not exceed more than 14 scheduled working days for that employee.
(c) The employer may require that the employee furnish a copy of the employee's mission order.
(d) Nothing in this section shall be construed to require an employer to pay salary or wages to a member of the North Carolina Wing-Civil Air Patrol during the employee's authorized absence, except when the employee chooses to use any paid leave that may be available to the employee through their employment. (2023-137, s. 46(a).)
§ 143B-1034: Reserved for future codification purposes.
§ 143B-1035: Reserved for future codification purposes.
§ 143B-1036: Reserved for future codification purposes.
§ 143B-1037: Reserved for future codification purposes.
§ 143B-1038: Reserved for future codification purposes.
§ 143B-1039: Reserved for future codification purposes.
Subpart D. Office of Recovery and Resiliency.
§ 143B-1040. Office of Recovery and Resiliency.
(a) The Office of Recovery and Resiliency (Office) is created in the Department of Public Safety. The Office shall execute multi-year recovery and resiliency projects and administer funds provided by the Community Development Block Grant Disaster Recovery program for Hurricanes Florence and Matthew. The Office will provide general disaster recovery coordination and public information; citizen outreach and application case management; audit, finance, compliance, and reporting on disaster recovery funds; and program and construction management services. The Office shall also contract for services from vendors specializing in housing, construction, and project management services.
(b) The Office shall develop and administer a grant program for financially distressed local governments to assist with recovery capacity. The grants shall cover the salaries, benefits, and operating costs for up to two three-year positions and may also be used to purchase one vehicle per community as necessitated by the individual circumstances of each community. The Office shall also, in consultation with the Local Government Commission, develop and administer a one-time emergency fund for local governments in disaster-affected areas that need immediate cash flow assistance. These funds shall be used to meet local government debt service obligations, to meet payroll obligations for local governments, and to meet vendor payments where nonpayment would result in negative financial outcome.
(c) Notwithstanding any other provision of law, all Community Development Block Grant Disaster Recovery awards received by the State in response to the declarations and executive orders described in Section 3.1 of S.L. 2016-124, or in any subsequent federally declared disasters, shall be administered by the North Carolina Office of Recovery and Resiliency of the Department of Public Safety, including circumstances where the designated grantee is an agency other than the North Carolina Office of Recovery and Resiliency. (2018-136, 3rd Ex. Sess., s. 5.7(a), (b); 2018-138, s. 2.15(a); 2019-250, s. 3.3.)
§ 143B-1041. Interagency coordination.
(a) The Office shall establish an intergovernmental working group composed of representatives from the Department of Environmental Quality and other relevant State agencies, local governments, and other stakeholders to identify legislative, economic, jurisdictional, and other challenges related to stream management and flooding reduction. Beginning January 1, 2022, and biannually thereafter, the Office shall report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division regarding the findings and recommendations of the working group.
(b) The Office of Recovery and Resiliency and the Division of Emergency Management of the Department of Public Safety, the Director of the Division of Coastal Management of the Department of Environmental Quality, and the Secretary of the Department of Transportation, or their respective designees, shall meet at least quarterly beginning January 1, 2022, in order to coordinate the grant making and technical assistance activities each agency is carrying out related to subsection (a) of this section. (2021-180, s. 5.9(p).)
§ 143B-1042: Reserved for future codification purposes.
§ 143B-1043: Reserved for future codification purposes.
§ 143B-1044: Reserved for future codification purposes.
§ 143B-1045: Reserved for future codification purposes.
§ 143B-1046: Reserved for future codification purposes.
§ 143B-1047: Reserved for future codification purposes.
§ 143B-1048: Reserved for future codification purposes.
§ 143B-1049: Reserved for future codification purposes.
§ 143B-1050: Reserved for future codification purposes.
§ 143B-1051: Reserved for future codification purposes.
§ 143B-1052: Reserved for future codification purposes.
§ 143B-1053: Reserved for future codification purposes.
§ 143B-1054: Reserved for future codification purposes.
§ 143B-1055: Reserved for future codification purposes.
§ 143B-1056: Reserved for future codification purposes.
§ 143B-1057: Reserved for future codification purposes.
§ 143B-1058: Reserved for future codification purposes.
§ 143B-1059: Reserved for future codification purposes.
§ 143B-1060: Reserved for future codification purposes.
§ 143B-1061: Reserved for future codification purposes.
§ 143B-1062: Reserved for future codification purposes.
§ 143B-1063: Reserved for future codification purposes.
§ 143B-1064: Reserved for future codification purposes.
§ 143B-1065: Reserved for future codification purposes.
§ 143B-1066: Reserved for future codification purposes.
§ 143B-1067: Reserved for future codification purposes.
§ 143B-1068: Reserved for future codification purposes.
§ 143B-1069: Reserved for future codification purposes.
§ 143B-1070: Reserved for future codification purposes.
§ 143B-1071: Reserved for future codification purposes.
§ 143B-1072: Reserved for future codification purposes.
§ 143B-1073: Reserved for future codification purposes.
§ 143B-1074: Reserved for future codification purposes.
§ 143B-1075: Reserved for future codification purposes.
§ 143B-1076: Reserved for future codification purposes.
§ 143B-1077: Reserved for future codification purposes.
§ 143B-1078: Reserved for future codification purposes.
§ 143B-1079: Reserved for future codification purposes.
§ 143B-1080: Reserved for future codification purposes.
§ 143B-1081: Reserved for future codification purposes.
§ 143B-1082: Reserved for future codification purposes.
§ 143B-1083: Reserved for future codification purposes.
§ 143B-1084: Reserved for future codification purposes.
§ 143B-1085: Reserved for future codification purposes.
§ 143B-1086: Reserved for future codification purposes.
§ 143B-1087: Reserved for future codification purposes.
§ 143B-1088: Reserved for future codification purposes.
§ 143B-1089: Reserved for future codification purposes.
§ 143B-1090: Reserved for future codification purposes.
§ 143B-1091: Reserved for future codification purposes.
§ 143B-1092: Reserved for future codification purposes.
§ 143B-1093: Reserved for future codification purposes.
§ 143B-1094: Reserved for future codification purposes.
§ 143B-1095: Reserved for future codification purposes.
§ 143B-1096: Reserved for future codification purposes.
§ 143B-1097: Reserved for future codification purposes.
§ 143B-1098: Reserved for future codification purposes.
§ 143B-1099: Reserved for future codification purposes.
Subpart A. Governor's Crime Commission.
§ 143B-1100. Governor's Crime Commission - creation; composition; terms; meetings, etc.
(a) There is hereby created the Governor's Crime Commission of the Department of Public Safety. The Commission shall consist of 38 voting members and five nonvoting members. The composition of the Commission shall be as follows:
(1) The voting members shall be:
a. The Governor, the Chief Justice of the Supreme Court of North Carolina (or the Chief Justice's designee), the Attorney General, the Director of the Administrative Office of the Courts, the Secretary of the Department of Health and Human Services, the Secretary of Public Safety (or the Secretary's designee), the Secretary of the Department of Adult Correction (or the Secretary's designee), and the Superintendent of Public Instruction;
b. A judge of superior court, a judge of district court specializing in juvenile matters, a chief district court judge, a clerk of superior court, and a district attorney;
c. A defense attorney, three sheriffs (one of whom shall be from a "high crime area"), three police executives (one of whom shall be from a "high crime area"), eight citizens (two with knowledge of juvenile delinquency and the public school system, two of whom shall be under the age of 21 at the time of their appointment, one advocate for victims of all crimes, one representative from a domestic violence or sexual assault program, one representative of a "private juvenile delinquency program," and one in the discretion of the Governor), three county commissioners or county officials, and three mayors or municipal officials;
d. Four public members.
(2) The nonvoting members shall be the Director of the State Bureau of Investigation, the Deputy Director of the Division of Juvenile Justice of the Department of Public Safety who is responsible for Intervention/Prevention programs, the Deputy Director of the Division of Juvenile Justice of the Department of Public Safety who is responsible for Youth Development programs, the Director of the Division of Prisons of the Department of Adult Correction, and the Director of the Division of Community Supervision and Reentry of the Department of Adult Correction.
(b) The membership of the Commission shall be selected as follows:
(1) The following members shall serve by virtue of their office: the Governor, the Chief Justice of the Supreme Court, the Attorney General, the Director of the Administrative Office of the Courts, the Secretary of the Department of Health and Human Services, the Secretary of Public Safety, the Secretary of the Department of Adult Correction, the Director of the State Bureau of Investigation, the Director of the Division of Prisons of the Department of Adult Correction, the Director of the Division of Community Supervision and Reentry of the Department of Adult Correction, the Deputy Director who is responsible for Intervention/Prevention of the Juvenile Justice Division of the Department of Public Safety, the Deputy Director who is responsible for Youth Development of the Division of Juvenile Justice of the Department of Public Safety, and the Superintendent of Public Instruction. Should the Chief Justice of the Supreme Court choose not to serve, his alternate shall be selected by the Governor from a list submitted by the Chief Justice which list must contain no less than three nominees from the membership of the Supreme Court.
(2) The following members shall be appointed by the Governor: the district attorney, the defense attorney, the three sheriffs, the three police executives, the eight citizens, the three county commissioners or county officials, the three mayors or municipal officials.
(3) The following members shall be appointed by the Governor from a list submitted by the Chief Justice of the Supreme Court, which list shall contain no less than three nominees for each position and which list must be submitted within 30 days after the occurrence of any vacancy in the judicial membership: the judge of superior court, the clerk of superior court, the judge of district court specializing in juvenile matters, and the chief district court judge.
(4) Two public members provided by sub-subdivision (a)(1)d. of this section shall be appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives and two public members provided by sub-subdivision (a)(1)d. of this section shall be appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate.
(5) The Governor may serve as chairman, designating a vice-chairman to serve at his pleasure, or he may designate a chairman and vice-chairman both of whom shall serve at his pleasure.
(c) The initial members of the Commission shall be those appointed under subsection (b) above, which appointments shall be made by March 1, 1977. The terms of the present members of the Governor's Commission on Law and Order shall expire on February 28, 1977. Effective March 1, 1977, the Governor shall appoint members, other than those serving by virtue of their office, to serve staggered terms; seven shall be appointed for one-year terms, seven for two-year terms, and seven for three-year terms. At the end of their respective terms of office their successors shall be appointed for terms of three years and until their successors are appointed and qualified. The public members appointed pursuant to subdivision (4) of subsection (b) of this section shall serve two-year terms effective March 1, of each odd-numbered year. Any Commission member no longer serving in the office from which the member qualified for appointment shall be disqualified from serving on the Commission. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death, disability, or disqualification of a member shall be for the balance of the unexpired term.
(d) The Governor shall have the power to remove any member from the Commission for misfeasance, malfeasance or nonfeasance.
(e) The Commission shall meet quarterly and at other times at the call of the chairman or upon written request of at least eight of the members. A majority of the voting members shall constitute a quorum for the transaction of business.
(f) The Commission shall be treated as a board for purposes of Chapter 138A of the General Statutes. (1965, c. 663; 1977, c. 11, s. 1; 1981, c. 467, ss. 1-5; 1981 (Reg. Sess., 1982), c. 1189, s. 4; 1991, c. 739, s. 32; 1997-443, s. 11A.118(a); 1998-170, s. 3; 1998-202, s. 4(aa); 1999-423, s. 11; 2000-137, s. 4(ee); 2001-95, s. 6; 2001-487, s. 47(g); 2007-454, s. 1; 2010-169, s. 11; 2011-145, s. 19.1(g), (i)-(l), (x); 2012-83, s. 54; 2013-410, s. 13; 2015-9, s. 2.3(a), (b); 2015-264, s. 79(a), (b); 2017-6, s. 3; 2017-186, s. 2(kkkkkk); 2018-146, ss. 3.1(a), (b), 6.1; 2021-180, s. 19C.9(aaaa).)
§ 143B-1101. Governor's Crime Commission - powers and duties.
(a) The Governor's Crime Commission shall have the following powers and duties:
(1) To serve, along with its adjunct committees, as the chief advisory board to the Governor and to the Secretary of the Department of Public Safety on matters pertaining to the criminal justice system.
(2) To recommend a comprehensive statewide plan for the improvement of criminal justice throughout the State which is consistent with and serves to foster the following established goals of the criminal justice system:
a. To reduce crime,
b. To protect individual rights,
c. To achieve justice,
d. To increase efficiency in the criminal justice system,
e. To promote public safety,
f. To provide for the administration of a fair and humane system which offers reasonable opportunities for adjudicated offenders to develop progressively responsible behavior, and
g. To increase professional skills of criminal justice officers.
(3) To advise State and local law-enforcement agencies in improving law enforcement and the administration of criminal justice;
(4) To make studies and recommendations for the improvement of law enforcement and the administration of criminal justice;
(5) To encourage public support and respect for the criminal justice system in North Carolina;
(6) To seek ways to continue to make North Carolina a safe and secure State for its citizens;
(7) To recommend objectives and priorities for the improvement of law enforcement and criminal justice throughout the State;
(8) To recommend recipients of grants for use in pursuing its objectives, under such conditions as are deemed to be necessary;
(9) To serve as a coordinating committee and forum for discussion of recommendations from its adjunct committees formed pursuant to G.S. 143B-1102; and
(10) To serve as the primary channel through which local law-enforcement departments and citizens can lend their advice, and state their needs, to the Department of Public Safety.
(b) The Governor's Crime Commission shall review the level of gang activity throughout the State and assess the progress and accomplishments of the State, and of local governments, in preventing the proliferation of gangs and addressing the needs of juveniles who have been identified as being associated with gang activity.
(c) All directives of the Governor's Crime Commission shall be administered by the Director, Crime Control Division of the Department of Public Safety. (1975, c. 663; 1977, c. 11, s. 2; 1979, c. 107, s. 11; 1981, c. 931, s. 3; 1981 (Reg. Sess., 1982), c. 1191, s. 15; 2008-56, s.7; 2008-187, s. 44.5(b); 2011-145, ss. 19.1(g), (x), (xx); 2014-100, s. 16A.2; 2015-241, s. 16B.3(b).)
§ 143B-1102. Adjunct committees of the Governor's Crime Commission - creation; purpose; powers and duties.
(a) There are hereby created by way of extension and not limitation, the following adjunct committees of the Governor's Crime Commission: the Judicial Planning Committee, the Juvenile Justice Planning Committee, the Law Enforcement Planning Committee, the Corrections Planning Committee, and the Juvenile Code Revision Committee.
(b) The composition of the adjunct committees shall be as designated by the Governor by executive order, except for the Judicial Planning Committee, the composition of which shall be designated by the Supreme Court. The Governor's appointees shall serve two-year terms beginning March 1, of each odd-numbered year, and members of the Judicial Planning Committee shall serve at the pleasure of the Supreme Court.
(c) The adjunct committees created herein shall report directly to the Governor's Crime Commission and shall have the following powers and duties:
(1) The Law Enforcement Planning Committee shall advise the Governor's Crime Commission on all matters which are referred to it relevant to law enforcement, including detention; shall participate in the development of the law-enforcement component of the State's comprehensive plan; shall consider and recommend priorities for the improvement of law-enforcement services; and shall offer technical assistance to State and local agencies in the planning and implementation of programs contemplated by the comprehensive plan for the improvement of law-enforcement services.
The Law Enforcement Planning Committee shall maintain contact with the National Commission on Accreditation for Law Enforcement Agencies, assist the National Commission in the furtherance of its efforts, adapt the work of the National Commission by an analysis of law-enforcement agencies in North Carolina, develop standards for the accreditation of law-enforcement agencies in North Carolina, make these standards available to those law-enforcement agencies which desire to participate voluntarily in the accreditation program, and assist participants to achieve voluntary compliance with the standards.
(2) The Judicial Planning Committee (which shall be appointed by the Supreme Court) shall establish court improvement priorities, define court improvement programs and projects, and develop an annual judicial plan in accordance with the Crime Control Act of 1976 (Public Law 94-503); shall advise the Governor's Crime Commission on all matters which are referred to it relevant to the courts; shall consider and recommend priorities for the improvement of judicial services; and shall offer technical assistance to State agencies in the planning and implementation of programs contemplated by the comprehensive plan for the improvement of judicial services.
(3) The Corrections Planning Committee shall advise the Governor's Crime Commission on all matters which are referred to it relevant to corrections; shall participate in the development of the adult corrections component of the State's comprehensive plan; shall consider and recommend priorities for the improvement of correction services; and shall offer technical assistance to State agencies in the planning and implementation of programs contemplated by the comprehensive plan for the improvement of corrections.
(4) The Juvenile Justice Planning Committee shall advise the Governor's Crime Commission on all matters which are referred to it relevant to juvenile justice; shall participate in the development of the juvenile justice component of the State's comprehensive plan; shall consider and recommend priorities for the improvement of juvenile justice services; and shall offer technical assistance to State and local agencies in the planning and implementation of programs contemplated by the comprehensive plan for the improvement of juvenile justice.
(5) The Juvenile Code Revision Committee shall study problems relating to young people who come within the juvenile jurisdiction of the district court as defined by Article 23 of Chapter 7A of the General Statutes and develop a legislative plan which will best serve the needs of young people and protect the interests of the State; shall study the existing laws, services, agencies and commissions and recommend whether they should be continued, amended, abolished or merged; and shall take steps to insure that all agencies, organizations, and private citizens in the State of North Carolina have an opportunity to lend advice and suggestions to the development of a revised juvenile code. If practical, the Committee shall submit a preliminary report to the General Assembly prior to its adjournment in 1977. It shall make a full and complete report to the General Assembly by March 1, 1979. This adjunct committee shall terminate on February 28, 1979.
(d) The Governor shall have the power to remove any member of any adjunct committee from the Committee for misfeasance, malfeasance or nonfeasance. Each Committee shall meet at the call of the chairman or upon written request of one third of its membership. A majority of a committee shall constitute a quorum for the transaction of business.
(e) The actions and recommendations of each adjunct committee shall be subject to the final approval of the Governor's Crime Commission. (1975, c. 663; 1977, c. 11, s. 3; 1981, c. 605, s. 1; 1983 (Reg. Sess., 1984), c. 995, s. 8; 2011-145, s. 19.1(x).)
§ 143B-1103. Additional duties of the Grants Management Section.
(a) Repealed by Session Laws 2011-145, s. 19.1(ww), effective January 1, 2012.
(b) The Grants Management Section shall administer the State Law Enforcement Assistance Program and such additional related programs as may be established by or assigned to the Section. It shall serve as the single State planning agency for purposes of the Crime Control Act of 1976 (Public Laws 94-503). Administrative responsibilities shall include, but are not limited to, the following:
(1) Compiling data, establishing needs and setting priorities for funding and policy recommendations for the Governor's Crime Commission;
(2) Preparing and revising statewide plans for adoption by the Governor's Crime Commission which are designed to improve the administration of criminal justice and to reduce crime in North Carolina;
(3) Advising State and local interests of opportunities for securing federal assistance for crime reduction and for improving criminal justice administration and planning within the State of North Carolina;
(4) Stimulating and seeking financial support from federal, State, and local government and private sources for programs and projects which implement adopted criminal justice administration improvement and crime reduction plans;
(5) Assisting State agencies and units of general local government and combinations thereof in the preparation and processing of applications for financial aid to support improved criminal justice administration, planning and crime reduction;
(6) Encouraging and assisting coordination at the federal, State, and local government levels in the preparation and implementation of criminal justice administration improvements and crime reduction plans;
(7) Applying for, receiving, disbursing, and auditing the use of funds received for the program from any public and private agencies and instrumentalities for criminal justice administration, planning, and crime reduction purposes;
(8) Entering into, monitoring, and evaluating the results of contracts and agreements necessary or incidental to the discharge of its assigned responsibilities;
(9) Providing technical assistance to State and local law-enforcement agencies in developing programs for improvement of the law-enforcement and criminal justice system; and
(10) Taking such other actions as may be deemed necessary or appropriate to carry out its assigned duties and responsibilities.
(c) Repealed by Session Laws 2011-145, s. 19.1(ww), effective January 1, 2012. (1977, c. 11, s. 4; 2011-145, s. 19.1(x), (ww).)
§ 143B-1104: Recodified as G.S. 143B-853 by Session Laws 2020-83, s. 5, effective July 1, 2020.
§ 143B-1105. Grants reporting.
(a) State Grants. - Beginning August 1, 2018, and annually thereafter, the Governor's Crime Commission (Commission) shall report to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety (Committee) on all grant awards made by the Commission from State funds during the prior fiscal year. The report shall contain all of the following information:
(1) The name of the unit of local government receiving the grant.
(2) The purpose of the grant.
(3) The economic tier of the county where the unit of local government receiving the grant is located.
(4) Any recommended changes to State-funded grant programs to benefit local law enforcement agencies.
(b) Federal Grants. - Beginning December 1, 2018, and annually thereafter, the Commission shall report to the chairs of the Committee on Justice and Public Safety on all grant awards made by the Commission from federal funds during the prior federal fiscal year. The report shall contain all of the following information:
(1) A list of all federal grants administered in the prior federal fiscal year.
(2) The names of all entities receiving federal grants.
(3) The amount, the purpose, and the terms of each grant.
(4) Whether there are any terms, conditions, or other contingencies that may arise as a result of a freeze on federal funds or result in compliance issues.
(5) A list of any penalties that have been assessed. The list shall include the entity against which the penalty was assessed, the reason for the assessment, and the source of funds used to pay any penalty.
(c) Reporting Notice of Penalty. - The Commission shall notify the chairs of the Committee of the receipt of any notice of assessment or notice of penalty. The Commission must notify the chairs in writing, within 30 days of the receipt of the notice, and must include a copy of the notice and any subsequent correspondence by the Commission with the agency assessing the penalty. (2018-5, s. 16.2(a).)
§ 143B-1106: Reserved for future codification purposes.
§ 143B-1107: Reserved for future codification purposes.
§ 143B-1108: Reserved for future codification purposes.
§ 143B-1109: Reserved for future codification purposes.
§ 143B-1110: Reserved for future codification purposes.
§ 143B-1111: Reserved for future codification purposes.
§ 143B-1112: Reserved for future codification purposes.
§ 143B-1113: Reserved for future codification purposes.
§ 143B-1114: Reserved for future codification purposes.
§ 143B-1115: Reserved for future codification purposes.
§ 143B-1116: Reserved for future codification purposes.
§ 143B-1117: Reserved for future codification purposes.
§ 143B-1118: Reserved for future codification purposes.
§ 143B-1119: Reserved for future codification purposes.
§ 143B-1120: Reserved for future codification purposes.
§ 143B-1121: Reserved for future codification purposes.
§ 143B-1122: Reserved for future codification purposes.
§ 143B-1123: Reserved for future codification purposes.
§ 143B-1124: Reserved for future codification purposes.
§ 143B-1125: Reserved for future codification purposes.
§ 143B-1126: Reserved for future codification purposes.
§ 143B-1127: Reserved for future codification purposes.
§ 143B-1128: Reserved for future codification purposes.
§ 143B-1129: Reserved for future codification purposes.
§ 143B-1130: Reserved for future codification purposes.
§ 143B-1131: Reserved for future codification purposes.
§ 143B-1132: Reserved for future codification purposes.
§ 143B-1133: Reserved for future codification purposes.
§ 143B-1134: Reserved for future codification purposes.
§ 143B-1135: Reserved for future codification purposes.
§ 143B-1136: Reserved for future codification purposes.
§ 143B-1137: Reserved for future codification purposes.
§ 143B-1138: Reserved for future codification purposes.
§ 143B-1139: Reserved for future codification purposes.
§ 143B-1140: Reserved for future codification purposes.
§ 143B-1141: Reserved for future codification purposes.
§ 143B-1142: Reserved for future codification purposes.
§ 143B-1143: Reserved for future codification purposes.
§ 143B-1144: Reserved for future codification purposes.
§ 143B-1145: Reserved for future codification purposes.
§ 143B-1146: Reserved for future codification purposes.
§ 143B-1147: Reserved for future codification purposes.
§ 143B-1148: Reserved for future codification purposes.
§ 143B-1149: Reserved for future codification purposes.
Subpart B. Treatment for Effective Community Supervision Program. (Recodified Effective January 1, 2023)
§ 143B-1150. Recodified as G.S. 143B-1495, by Session Laws 2021-180, s. 19C.9(l), effective January 1, 2023.
§ 143B-1151. Recodified as G.S. 143B-1496, by Session Laws 2021-180, s. 19C.9(l), effective January 1, 2023.
§ 143B-1152. Recodified as G.S. 143B-1497, by Session Laws 2021-180, s. 19C.9(l), effective January 1, 2023.
§ 143B-1153. Recodified as G.S. 143B-1498, by Session Laws 2021-180, s. 19C.9(l), effective January 1, 2023.
§ 143B-1154. Recodified as G.S. 143B-1499, by Session Laws 2021-180, s. 19C.9(l), effective January 1, 2023.
§ 143B-1155. Recodified as G.S. 143B-1500, by Session Laws 2021-180, s. 19C.9(l), effective January 1, 2023.
§ 143B-1156. Recodified as G.S. 143B-1501, by Session Laws 2021-180, s. 19C.9(l), effective January 1, 2023.
§ 143B-1157: Repealed by Session Laws 2016-77, s. 3(a), effective July 1, 2016.
§ 143B-1158: Repealed by Session Laws 2016-77, s. 3(a), effective July 1, 2016.
§ 143B-1159: Repealed by Session Laws 2013-101, s. 5, effective June 12, 2013.
§ 143B-1160. Recodified as G.S. 143B-1502, by Session Laws 2021-180, s. 19C.9(l), effective January 1, 2023.
§ 143B-1161. Recodified as G.S. 143B-1503, by Session Laws 2021-180, s. 19C.9(j), effective January 1, 2023.
§ 143B-1162: Reserved for future codification purposes.
§ 143B-1163: Reserved for future codification purposes.
§ 143B-1164: Reserved for future codification purposes.
§ 143B-1165: Reserved for future codification purposes.
§ 143B-1166: Reserved for future codification purposes.
§ 143B-1167: Reserved for future codification purposes.
§ 143B-1168: Reserved for future codification purposes.
§ 143B-1169: Reserved for future codification purposes.
§ 143B-1170: Reserved for future codification purposes.
§ 143B-1171: Reserved for future codification purposes.
§ 143B-1172: Reserved for future codification purposes.
§ 143B-1173: Reserved for future codification purposes.
§ 143B-1174: Reserved for future codification purposes.
§ 143B-1175: Reserved for future codification purposes.
§ 143B-1176: Reserved for future codification purposes.
§ 143B-1177: Reserved for future codification purposes.
§ 143B-1178: Reserved for future codification purposes.
§ 143B-1179: Reserved for future codification purposes.
§ 143B-1180: Reserved for future codification purposes.
§ 143B-1181: Reserved for future codification purposes.
§ 143B-1182: Reserved for future codification purposes.
§ 143B-1183: Reserved for future codification purposes.
§ 143B-1184: Reserved for future codification purposes.
§ 143B-1185: Reserved for future codification purposes.
§ 143B-1186: Reserved for future codification purposes.
§ 143B-1187: Reserved for future codification purposes.
§ 143B-1188: Reserved for future codification purposes.
§ 143B-1189: Reserved for future codification purposes.
§ 143B-1190: Reserved for future codification purposes.
§ 143B-1191: Reserved for future codification purposes.
§ 143B-1192: Reserved for future codification purposes.
§ 143B-1193: Reserved for future codification purposes.
§ 143B-1194: Reserved for future codification purposes.
§ 143B-1195: Reserved for future codification purposes.
§ 143B-1196: Reserved for future codification purposes.
§ 143B-1197: Reserved for future codification purposes.
§ 143B-1198: Reserved for future codification purposes.
§ 143B-1199: Reserved for future codification purposes.
§ 143B-1200. Assistance Program for Victims of Rape and Sex Offenses.
(a) Establishment of Program. - There is established an Assistance Program for Victims of Rape and Sex Offenses, hereinafter referred to as the "Program." The Secretary shall administer and implement the Program and shall have authority over all assistance awarded through the Program. The Secretary shall promulgate rules and guidelines for the Program.
(b) Victims to Be Provided Free Forensic Medical Examinations. - It is the policy of this State to arrange for victims to obtain forensic medical examinations free of charge. Whenever a forensic medical examination is conducted as a result of a sexual assault or an attempted sexual assault that occurred in this State, the Program shall pay for the cost of the examination. A medical facility or medical professional that performs a forensic medical examination on the victim of a sexual assault or attempted sexual assault shall not seek payment for the examination except from the Program.
(c) No Billing of Victim. - A medical facility or medical professional that performs a forensic medical examination shall not bill the victim, the victim's personal insurance, Medicaid, Medicare, or any other collateral source for the examination and other eligible expenses. A medical facility or medical professional that performs a forensic medical examination shall accept payment made under this section as payment in full of the amount owed for the cost of the examination and other eligible expenses. Furthermore, a medical facility or medical professional shall not seek reimbursement from the Program after one year from the date of the examination.
(d) Eligible Expenses. - Medical facilities and medical professionals who perform forensic medical examinations shall do so using a Sexual Assault Evidence Collection Kit. Payments by the Program for the forensic medical examination shall be limited to the following:
Service Maximum Amount
Paid by Program
Physician or SANE Nurse $600.00
Hospital/Facility Fee $500.00
Other Expenses Deemed Eligible $400.00
by the Program
Total: $1,500.00
(e) Payment Directly to Provider. - The Program shall make payment directly to the medical facility or medical professional. Bills submitted to the Program for payment shall specify under which categories of expense set forth in subsection (d) of this section the billed services fall.
(f) Additional Victim Notification Requirements. - A medical facility or medical professional who performs a forensic medical examination shall encourage victims to submit an application for reimbursement of medical expenses beyond the forensic examination to the Crime Victims Compensation Commission for consideration of those expenses. Medical facilities and medical professionals shall not seek reimbursement from the Program after one year from the date of the exam.
(g) Judicial Review. - Upon an adverse determination by the Secretary on a claim for assistance under this Part, a victim is entitled to judicial review of that decision. The person seeking review shall file a petition in the Superior Court of Wake County.
(h) The Secretary shall adopt rules to encourage, whenever practical, the use of licensed registered nurses trained under G.S. 90-171.38(b) to conduct medical examinations and procedures.
(i) Definitions. - The following definitions apply in this section:
(1) Forensic medical examination. - An examination provided to a sexual assault victim by medical personnel trained to gather evidence of a sexual assault in a manner suitable for use in a court of law. The examination shall include at a minimum an examination of physical trauma, a patient interview, a determination of penetration or force, a collection and evaluation of evidence, and any other act or procedure listed in the definition of "forensic medical examination" set forth in 28 C.F.R. § 90.2(c) or "medical forensic examination" set forth in 34 U.S.C. § 40723(a)(3). This term also includes any costs associated with the items listed in this subdivision, such as equipment, supplies, and facility fees. This definition shall be interpreted consistently with 28 C.F.R. § 90.2(c) and 34 U.S.C. § 40723(a)(3), and other relevant federal law.
(2) SANE nurse. - A Sexual Assault Nurse Examiner that is a licensed registered nurse trained pursuant to G.S. 90-171.38(b) who obtains preliminary histories, conducts in-depth interviews, and conducts forensic medical examinations of rape victims or victims of related sexual offenses. This definition shall be interpreted consistently with 34 U.S.C. § 40723(a)(12).
(3) Sexual assault. - Any of the following crimes:
a. First-degree forcible rape as defined in G.S. 14-27.21.
b. Second-degree forcible rape as defined in G.S. 14-27.22.
b1. Statutory rape of a child by an adult as defined in G.S. 14-27.23.
c. First-degree statutory rape as defined in G.S. 14-27.24.
d. Statutory rape of a person who is 15 years of age or younger as defined in G.S. 14-27.25.
e. First-degree forcible sexual offense as defined in G.S. 14-27.26.
f. Second-degree forcible sexual offense as defined in G.S. 14-27.27.
f1. Statutory sexual offense with a child by an adult as defined in G.S. 14-27.28.
g. First-degree statutory sexual offense as defined in G.S. 14-27.29.
h. Statutory sexual offense with a person who is 15 years of age or younger as defined in G.S. 14-27.30.
i. Sexual activity by a substitute parent or custodian as defined in G.S. 14-27.31.
j. Sexual activity with a student as defined in G.S. 14-27.32.
k. Sexual battery as defined in G.S. 14-27.33.
l. Sexual contact or penetration under pretext of medical treatment as defined in G.S. 14-27.33A.
m. Any other act defined to be sexual assault by 34 U.S.C. § 40723(a)(9).
(4) Sexual Assault Evidence Collection Kit. - The kit assembled and paid for by the Program and used to conduct forensic medical examinations in this State. (1981, c. 931, s. 2; 1981 (Reg. Sess., 1982), c. 1191, s. 16; 2009-354, s. 1(b); 2011-145, s. 19.1(x1); 2011-391, s. 43(i); 2015-181, s. 38; 2022-50, s. 2(a).)
§ 143B-1201. Restitution; actions.
(a) The Program shall be an eligible recipient for restitution or reparation under G.S. 15A-1021, 15A-1343, 148-33.1, 148-33.2, 148-57.1, and any other applicable statutes.
(b) When any victim who:
(1) Has received assistance under this Part;
(2) Brings an action for damages arising out of the rape, attempted rape, sexual offense, or attempted sexual offense for which she received that assistance; and
(3) Recovers damages including the expenses for which she was awarded assistance, the court shall make as part of its judgment an order for reimbursement to the Program of the amount of any assistance awarded less reasonable expenses allocated by the court to that recovery.
(c) Funds appropriated to the Department of Public Safety for this program may be used to purchase and distribute sexual assault evidence collection kits approved by the Director of the State Crime Laboratory.
(d) The Secretary, in consultation with the Director of the State Crime Laboratory, shall require that all sexual assault evidence collection kits purchased or distributed on or after October 1, 2018, are compatible with the Statewide Sexual Assault Evidence Collection Kit Tracking System established under G.S. 114-65. (1981, c. 931, s. 2; 1983, c. 715, s. 3; 2008-107, s. 18.2(b); 2009-354, s. 2; 2011-145, s. 19.1(g), (x1); 2018-70, s. 2.)
§ 143B-1202: Reserved for future codification purposes.
§ 143B-1203. Transfer; definitions.
(a) The statutory authority, powers, duties, functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds of the Criminal Justice Information Network Governing Board are transferred to the Department of Public Safety as a Type II transfer as defined in G.S. 143A-6.
(b) As used in this Part:
(1) "Board" means the Criminal Justice Information Network Governing Board established by G.S. 143B-1204.
(2) "Department" means the Department of Public Safety.
(3) "Local government user" means a unit of local government of this State having authorized access to the Network.
(4) "Network" means the Criminal Justice Information Network established by the Board pursuant to this Part.
(5) "Network user" or "user" means any person having authorized access to the Network.
(6) "State agency" means any State department, agency, institution, board, commission, or other unit of State government. (1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2015-241, s. 7A.3(1); recodified from N.C. Gen. Stat. § 143B-1390 by 2021-180, s. 19A.7A(b), (c).)
§ 143B-1204. Criminal Justice Information Network Governing Board - creation; purpose; membership; conflicts of interest.
(a) The Criminal Justice Information Network Governing Board is established within the Department, as a Type II transfer, to operate the State’s Criminal Justice Information Network, the purpose of which shall be to provide the governmental and technical information systems infrastructure necessary for accomplishing State and local governmental public safety and justice functions in the most effective manner by appropriately and efficiently sharing criminal justice and juvenile justice information among law enforcement, judicial, and corrections agencies. The Board is established within the Department for organizational and budgetary purposes only and the Board shall exercise all of its statutory powers in this Part independent of control by the Department.
(b) The Board shall consist of 21 members, appointed as follows:
(1) Five members appointed by the Governor, including one member who is a director or employee of a State correction agency for a term to begin September 1, 1996 and to expire on June 30, 1997, one member who is an employee of the Department for a term beginning September 1, 1996 and to expire on June 30, 1997, one member selected from the North Carolina Association of Chiefs of Police for a term to begin September 1, 1996 and to expire on June 30, 1999, one member who is an employee of the Division of Juvenile Justice of the Department of Public Safety, and one member who represents the Division of Motor Vehicles.
(2) Six members appointed by the General Assembly in accordance with G.S. 120-121, as follows:
a. Three members recommended by the President Pro Tempore of the Senate, including two members of the general public for terms to begin on September 1, 1996 and to expire on June 30, 1997, and one member selected from the North Carolina League of Municipalities who is a member of, or an employee working directly for, the governing board of a North Carolina municipality for a term to begin on September 1, 1996 and to expire on June 30, 1999; and
b. Three members recommended by the Speaker of the House of Representatives, including two members of the general public for terms to begin on September 1, 1996 and to expire on June 30, 1999, and one member selected from the North Carolina Association of County Commissioners who is a member of, or an employee working directly for, the governing board of a North Carolina county for a term to begin on September 1, 1996 and to expire on June 30, 1997.
(3) Two members appointed by the Attorney General, including one member who is an employee of the Attorney General for a term to begin on September 1, 1996 and to expire on June 30, 1997, and one member from the North Carolina Sheriffs’ Association for a term to begin on September 1, 1996 and to expire on June 30, 1999.
(4) Six members appointed by the Chief Justice of the North Carolina Supreme Court, as follows:
a. The Director of the Administrative Office of the Courts, or an employee of the Administrative Office of the Courts, for a term beginning July 1, 1997, and expiring June 30, 2001.
b. One member who is a district attorney or an assistant district attorney upon the recommendation of the Conference of District Attorneys of North Carolina, for a term beginning July 1, 1998, and expiring June 30, 1999.
c. Two members who are superior court or district court judges for terms beginning July 1, 1998, and expiring June 30, 2001.
d. One member who is a magistrate upon the recommendation of the North Carolina Magistrates’ Association, for a term beginning July 1, 1998, and expiring June 30, 1999.
e. One member who is a clerk of superior court upon the recommendation of the North Carolina Association of Clerks of Superior Court, for a term beginning July 1, 1998, and expiring June 30, 1999.
(5) One member appointed by the State Chief Information Officer.
(6) One member appointed by the President of the North Carolina Chapter of the Association of Public Communications Officials International, who is an active member of the Association, for a term to begin on September 1, 1996 and to expire on June 30, 1999.
The respective appointing authorities are encouraged to appoint persons having a background in and familiarity with criminal information systems and networks generally and with the criminal information needs and capacities of the constituency from which the member is appointed.
As the initial terms expire, subsequent members of the Board shall be appointed to serve four-year terms. At the end of a term, a member shall continue to serve on the Board until a successor is appointed. A member who is appointed after a term is begun serves only for the remainder of the term and until a successor is appointed. Any vacancy in the membership of the Board shall be filled by the same appointing authority that made the appointment, except that vacancies among members appointed by the General Assembly shall be filled in accordance with G.S. 120-122.
(c) Members of the Board shall not be employed by or serve on the board of directors or other corporate governing body of any information systems, computer hardware, computer software, or telecommunications vendor of goods and services to the State or to any unit of local government in the State. No member of the Board shall vote on an action affecting solely the member’s own State agency or local governmental unit or specific judicial office. (1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 1998-202, s. 9; 1998-212, s. 18.2(b); 2001-424, s. 23.6(b); 2001-487, s. 90; 2003-284, s. 17.1(a); 2004-129, s. 42; 2011-145, ss. 6A.11(b), 19.1(g), (l); 2015-241, ss. 7A.2(d), 7A.3(1); 2017-186, s. 2(ffffff), (qqqqqq); recodified from N.C. Gen. Stat. § 143B-1391 by 2021-180, s. 19A.7A(b), (c); 2021-180, s. 19C.9(z).)
§ 143B-1205. Compensation and expenses of Board members; travel reimbursements.
Members of the Board shall serve without compensation but may receive travel and subsistence as follows:
(1) Board members who are officials or employees of a State agency or unit of local government, in accordance with G.S. 138-6.
(2) All other Board members, at the rate established in G.S. 138-5. (1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2015-241, s. 7A.3(1); recodified from N.C. Gen. Stat. § 143B-1392 by 2021-180, § 19A.7A.b.)
§ 143B-1206. Powers and duties.
(a) The Board shall have the following powers and duties:
(1) To establish and operate the Network as an integrated system of State and local government components for effectively and efficiently storing, communicating, and using criminal justice information at the State and local levels throughout North Carolina's law enforcement, judicial, juvenile justice, and corrections agencies, with the components of the Network to include electronic devices, programs, data, and governance and to set the Network's policies and procedures.
(2) To develop and adopt uniform standards and cost-effective information technology, after thorough evaluation of the capacity of information technology to meet the present and future needs of the State and, in consultation with the Department of Information Technology, to develop and adopt standards for entering, storing, and transmitting information in criminal justice databases and for achieving maximum compatibility among user technologies.
(3) To identify the funds needed to establish and maintain the Network, identify public and private sources of funding, and secure funding to:
a. Create the Network and facilitate the sharing of information among users of the Network; and
b. Make grants to local government users to enable them to acquire or improve elements of the Network that lie within the responsibility of their agencies or State agencies; provided that the elements developed with the funds must be available for use by the State or by local governments without cost and the applicable State agencies join in the request for funding.
(4) To provide assistance to local governments for the financial and systems planning for Network-related automation and to coordinate and assist the Network users of this State in soliciting bids for information technology hardware, software, and services in order to assure compliance with the Board's technical standards, to gain the most advantageous contracts for the Network users of this State, and to assure financial accountability where State funds are used.
(5) To provide a liaison among local government users and to advocate on behalf of the Network and its users in connection with legislation affecting the Network.
(6) To facilitate the sharing of knowledge about information technologies among users of the Network.
(7) To take any other appropriate actions to foster the development of the Network.
(8) To employ the services of an Executive Director who shall report solely to the Board.
(9) To exercise administrative control over the operational budget established by the Board and appropriated by the General Assembly.
(10) To exercise sole authority and control over employee positions allotted to the Board, including the authority to establish qualifications, classification, and salary levels for its employees and determine appropriate methods of screening for candidates, interviewing, hiring, and day-to-day management of Board employees.
(b) All grants or other uses of funds appropriated or granted to the Board shall be conditioned on compliance with the Board's technical and other standards. (1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2003-284, s. 17.2(b); 2004-129, s. 43; 2015-241, ss. 7A.2(e), 7A.3(1), 7A.4(w); recodified from N.C. Gen. Stat. § 143B-1393 by 2021-180, s. 19A.7A(b), (c).)
§ 143B-1207. Election of officers; meetings; staff, etc.
(a) The Governor shall call the first meeting of the Board. At the first meeting, the Board shall elect a chair and a vice-chair, each to serve a one-year term, with subsequent officers to be elected for one-year terms. The Board shall hold at least two regular meetings each year, as provided by policies and procedures adopted by the Board. The Board may hold additional meetings upon the call of the chair or any three Board members. A majority of the Board membership constitutes a quorum.
(b) The staff of the Criminal Justice Information Network shall provide the Board with professional and clerical support and any additional support the Board needs to fulfill its mandate. The Board's staff shall use space provided by the Department of Information Technology.
(c) The Department shall provide office space and administrative support for the Board's staff and shall provide technical assistance to the Board at the request of the Board. (1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2003-284, s. 17.1(b); 2011-145, ss. 6A.11(c), 19.1(g); 2015-241, ss. 7A.2(f), 7A.3(1); recodified from N.C. Gen. Stat. § 143B-1394 by 2021-180, s. 19A.7A(b), (c).)
§ 143B-1208: Reserved for future codification purposes.