North Carolina HB 839: Study Community-Based Sentencing Alternatives.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2019
H D
HOUSE BILL DRH10447-ND-115

Short Title: Study Community-Based Sentencing Alternatives. (Public)
Sponsors: Representatives Clemmons, Horn, and Farmer-Butterfield (Primary Sponsors).
Referred to:

*DRH10447-ND-115*
A BILL TO BE ENTITLED 1
AN ACT TO CREATE A LEGISLATIVE STUDY COMMITTEE TO STUDY 2
COMMUNITY-BASED SENTENCING ALTERNATIVES FOR PEOPLE WHO HAVE 3
BEEN CONVICTED OF NONVIOLENT CRIMES AND WHO ARE THE PRIMARY 4
CARETAKERS OF DEPENDENT CHILDREN. 5
The General Assembly of North Carolina enacts: 6
SECTION 1. There is established a Joint Legislative Study Committee on 7
Alternative Sentencing (Committee). The Committee shall study community-based sentencing 8
alternatives for people who have been convicted of nonviolent crimes and who are the primary 9
caretakers of dependent children. 10
SECTION 2. The Committee shall consist of 12 members. Six members of the 11
Committee shall be appointed by the Speaker of the House of Representatives (Speaker). Five of 12
the Speaker appointees shall be members of the North Carolina General Assembly, two of whom 13
shall be members of the minority political party, and one Speaker appointee shall be a member 14
of the public that at one time served an active criminal sentence for a nonviolent offense while 15
being the primary caretaker of a dependent child. Six members of the Committee shall be 16
appointed by the President Pro Tempore of the Senate (President Pro Tem). Five of the President 17
Pro Tem appointees shall be members of the North Carolina General Assembly, two of whom 18
shall be members of the minority political party, and one President Pro Tem appointee shall be a 19
member of the public that at one time served an active criminal sentence for a nonviolent offense 20
while being the primary caretaker of a dependent child. The Speaker and the President Pro Tem 21
shall each appoint a cochair for the Committee. A quorum of the Committee is a majority of its 22
members. 23
SECTION 3. Members of the Committee shall receive per diem, subsistence, and 24
travel allowances in accordance with G.S. 120-3.1 or G.S. 138-5, as appropriate. 25
SECTION 4. Subject to the approval of the Legislative Services Commission, the 26
Committee may meet in the State Legislative Building or the Legislative Office Building. The 27
Legislative Services Commission, through the Legislative Services Officer, shall assign 28
professional staff to assist in the work of the Committee. The House of Representatives' and the 29
Senate's Directors of Legislative Assistants shall assign clerical staff to the Committee, and the 30
expenses relating to the clerical employees shall be borne by the Committee. The Committee, 31
while in the discharge of its official duties, may exercise all the powers provided under the 32
provisions of G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4, including the power to 33
request all officers, agents, agencies, and departments of the State to provide any information, 34
data, or documents within their possession, ascertainable from their records, or otherwise 35
H.B. 839
Apr 16, 2019
HOUSE PRINCIPAL CLERK

General Assembly Of North Carolina Session 2019
Page 2 DRH10447-ND-115
available to them and the power to subpoena witnesses. The appointing authority shall fill 1
vacancies. 2
SECTION 5. The Committee may report its findings and recommendations to the 3
General Assembly in an interim report by April 1, 2020, and shall make a final report by 4
December 1, 2020, and shall terminate upon the earlier of December 1, 2020, or the filing of its 5
final report. 6
SECTION 6. This act is effective when it becomes law. 7