S492 - Adult Correction/Law Enforcement Changes. (SL 2023-121)

Overview: S.L. 2023-121 makes the following changes to the General Statutes concerning the Department of Adult Correction (DAC) and law enforcement agencies:

• Allows drug or alcohol screening tests, other than breath, urine, or blood tests, to be used to test for the presence of alcohol or drugs in a person on probation.
• Prohibits the possession of firearm ammunition for people on probation, post-release supervision, or parole.
• Allows DAC to transfer an offender from a State prison to a local confinement facility or federal agency five days earlier than the expiration of the sentence when the offender is subject to an outstanding sentence, detainer, or other lawful process authorizing detention.
• Allows DAC to sell products made by Correction Enterprises to any individual currently incarcerated within a DAC facility.
• Authorizes carrying forward to the next fiscal year the end-of-year current operations appropriations credit balance for DAC utilities resulting from energy conservation measure savings, and makes a technical correction to the UNC system's energy conservation savings statute.
• Requires net proceeds derived from the sale or lease of property owned or used by DAC be deposited in a fund for DAC to make capital improvements.
• Adds certain DAC employees to the list of individuals who are exempt from the law prohibiting the carrying of concealed firearms.
• Exempts DAC entirely from the contested case provisions of the Administrative Procedure Act.
• Extends the date that security guards licensed under the Private Protective Services statutes are authorized to work at State prisons to June 30, 2025.
• Allows prisoners working for a certain program to earn a higher wage for their work within DAC.
• Provides that qualified probation or parole certified officers and qualified correctional officers are deemed to have satisfied the approved firearms safety and training course requirement for a concealed handgun permit.
• Expands the scope of various peer support group counselor provisions to include corrections employees, and makes clarifying changes.
• Authorizes probation officers' exercise of delegated authority in DWI cases unless the presiding judge finds delegation inappropriate.
• Allows DAC to conduct a two-year pilot program to contract for nurses from third-party non-governmental staffing agencies without a 31-day break in service after 11 months of employment.
• Requires arresting law enforcement agencies to fingerprint individuals charged with a misdemeanor crime of domestic violence and forward those fingerprints to the State Bureau of Investigation.
• Corrects references to DAC and the Department of Public Safety in various statutes.

This act has various effective dates. Please see the full summary for more details.