Senator Angela Bryant Legislative Update


 

 

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March 13, 2015

Legislative Update

 
 
 
 
 

Governor Releases Budget 

Overview

Gov. McCrory released his 21.5 billion dollar budget this week and the legislature has begun reviewing it.  There is an enormous pent up need for expenditures that have been placed on hold for at least 5 years. 

Those needs are being articulated in every area of government including the Courts, Public Education, Human Services, Public Safety and Transportation. Chief Justice Martin (R) addressed the legislature on the state of the courts and described the urgent need for a major increase if the courts are to properly serve citizens.   State employees have not had a significant raise in 5 years.   Other than pay increases for the newest teachers, education has suffered continued cuts when compared to inflation and increasing enrollment.  The University system is seeing experienced faculty leave the state.

Since the economy is improving, there has been some hope that some of these needs might be met, but the increases are modest.  The state simply doesn’t have as much to work with as many other states due to the tax cuts that continue  to move forward.  Since returns are coming in at a lower rate than anticipated, there could still be some budget cuts in the mix and the true budget picture won’t be available until after April 15th.

At the same time, North Carolinians are filing their tax returns and many have found unexpected surprises.  Bills have already been filed to reinstate the tax deduction for Seniors and even American Airlines has jumped on board to push for a renewal of  the tax credit it lost in the tax overhaul.

We will detail some of the  items that affect the justice system below. 

 

New State Budget Director

Roberts Replaces Pope

Lee Roberts (son of  NPR reporter  Cokie Roberts)  has replaced Art Pope as the Budget Director for North Carolina. 

Roberts’ first presentation to the legislature was welcomed by most members who seemed happy to be in a “honey moon” period with the new Director.  Roberts guiding words are that North Carolina is in an “era of limited availability” so funds will be spent in a “targeted way” rather than across the board. 

Budget Increases  – What they Look Like

    
It’s been a long time since we’ve seen  increases in the state budget, so it’s a welcome sight to see a few even if they are modest and might not survive the legislature.  Some of the increases that have been included in the Governor’s budget that could affect those in the justice system are:

Courts
*Essential Court Services  –  $6 million is appropriated to address essential court services, but this is only a portion of what  Justice Mark Martin requested.  More will certainly be needed for the technology/ data system infrastructure

*Business Courts – Funding for Business Courts will be expanded.

*Indigent Defense System –  $5.7 million over two years is allocated to clear the long-standing problem of the Indigent Defense Services backlog.

Department of Justice
*Crime lab backlogs – $1.5 million over 2 years will help address the crime lab backlog, but this is partially achieved by a 2% reduction in agency funds. 

Public Safety
*Improve Mental Health Services – Important gains are anticipated in mental health services – see the following article for details.  $13.4 million will be allocated over two years to improve mental health in 8 high security prisons.  This is an important positive step.

Correctional Officer Salary Increases – Salary levels have not been increased since the 80s and will increase by $20.7 million over two years.

*Electronic monitoring – $6.693 million over two years for to supervise the  post-release supervision population.  While the population itself is not growing, the number of those supervised is expected to increase from 3,487 to 5,840 in 2016 and 7,414 in 2017.  Community-based services are also needed for this population but no increase is included in the Governor’s budget.

Department of Human Services – $82 million will be allocated to mental health needs including:

*New Broughton Hospital – $16.5 million

*Community Mental Health – $15.5 million over 2 years

*Crisis services – $10 million for local crisis beds

*TASC – Expansion of TASC (Treatment Accountability for Safer Communities) – 1.86 million each year

 

* Medicaid  reserves.  This will continue to be a major topic and is viewed as the primary “budget driver.”

*IT Needs  – Due to the debacles with NC FAST and TRACS, significant funds will be shoring up the IT systems.

Housing – Provides a $19 million increase for Housing Finance to leverage $20 million in matching Federal funds and allow local governments to serve 340 additional households.  This will include $1 million to the Housing Trust fund for low income housing units.

*Military and Veterans’ Affairs Department –  This new department will be created if the legislature approves.  Funding for Veterans’ Treatment Courts will flow through it on funds that appear to be Federal or non-state dollars.

Click Here to see Gov. McCrory’s budget document.

Increases in Correctional Mental Health

Due to the highly publicized death of a mentally ill prisoner at the unit in Alexander, corrections officials have pressed hard for budget increases to improve the mental health system. 

Their efforts have paid off and Commissioner Guice deserves high marks for finally taking some steps to address the appalling conditions and lack of treatment that too many prisoners face – particularly those in segregation or solitary confinement. 

$13.4 million will be allocated over two years to improve mental health in 8 high security prisons.  This is an important positive step.  The department envisions improved day treatment services outside the cell including treatment for severely ill persons in solitary confinement.

72  vacant inpatient mental health beds will finally be used at Central Prison by funding 66 positions.

What about Reinvestment? 

We are still not seeing increases from Justice Reinvestment and prison closures return to the community in dollars for services that are needed to reduce recidivism.

We are, however, seeing an effort to restructure these services into a new funding pot entitled Recidivism Reduction Services (RRS).   Vendors can be expected to submit bids for all services but there is no information about when Requests for Proposals might be issued other than the TECS proposal which can be found here.   RRS will be the umbrella for:

Treatment for Effective Community Services – TECS – Cognitive behavioral services and regular outpatient substance abuse services will now be offered under the name of RRS – Recdivism Reduction Services, a name that seems much-better suited to the program.

Transitional and Temporary Housing – This includes some contracts currently in place to take a first step towards easing the housing needs of persons returning from prison.  

Intensive Outpatient Treatment –  These funds used to be included in the TECS contracts but will now be issued in separate requests for proposals.  These are extremely important funds for a population with a high percentage of well-documented needs for addiction services in order to be successful in the community.

Community Intervention Centers – These are designed to work with individuals at high risk of revocation, but have had a mixed record so far.

Re-entry Councils –  Re-entry Councils will be incorporated into this funding category.    There are currently 5 pilot Re-entry Councils receiving grant funding without expectations for those funds to continue in July.  This pot of money may be a source to continue some of those services.  We hope so.

   

This is a first step… and I look forward to the conversation”  said Rep. Rodney Moore after introducing a bill that prohibits racial profiling.

 

Bill to Prohibit Racial  Profiling Introduced

 

Omnibus Criminal Law Bill 

   

A Step in the Right Direction

Rep. Rodney Moore (D) Charlotte introduced HB 193 – Prohibit Discriminatory Profiling.  

Rep. Moore said that the bill was a “first step” and that he looked forward to having a conversation with other members about how to address the issues of racial profiling and how to improve the stressed relationships between communities of color and the police. 

“These may be difficult conversations,” he said, “but we need to have them.”   We agree and applaud Rep. Moore for beginning the conversation within the legislature.

Criminal Law Bill is Packed with Provisions

Rep. John Faircloth is joined by Reps. Glazier, Stam and Turner in introducing  HB 173 – Omnibus Criminal Law bill.

This bill is packed with provisions, but three positive worthy of note at this stage are:

1) Making state law conform with the U.S. Supreme Court ruling when defining intellectual disability and uses an IQ score of 70.

2) Doubling of bail bond is permitted – but not mandatory when a defendant fails to appear and certain conditions apply.

3) Broadens Certificates of  Relief so they are not limited to 2 offenses in one session of Court. 

CLICK HERE to view the Omnibus Criminal Law bill.

 
 

In This Issue

 

Governor’s Budget Out

New Budget Director

Budget Increases

Correctional Mental Health

What About Reinvestment

Racial Profiling/ Omnibus Criminal Law Bill

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