GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	1
SENATE BILL 896
     

 
Short Title:	Substance Abuse/Crim. Justice Study.	()	
Sponsors:	Senators Martin of Guilford; and Dannelly.	
Referred to:	Rules and Operations of the Senate.	
April 5, 2001

A BILL TO BE ENTITLED
AN ACT to establish the legislative study commission on substance abuse and criminal justice issues affecting youth and adults.

The General Assembly of North Carolina enacts:
SECTION 1.(a) There is created the Legislative Study Commission on Substance Abuse and Criminal Justice Issues Affecting Youth and Adults.  The purpose of the Commission is to review the laws regarding criminal justice, juvenile justice, corrections, and human services as they relate to substance abuse; to consider how to improve coordination and collaboration between criminal justice, juvenile justice, correction, and human services agencies in addressing substance abuse issues; and to examine the effectiveness of services offered through or by those agencies.
SECTION 1.(b) The Commission shall consist of 15 members as follows:
(1)	Four members appointed by the President Pro Tempore of the Senate.
(2)	Four members appointed by the Speaker of the House of Representatives.
(3)	The Governor or his designee.
(4)	The Chief Justice of the North Carolina Supreme Court or his designee.
(5)	The Secretary of Correction or his designee.
(6)	The Secretary of Health and Human Services or her designee.
(7)	The Secretary of Juvenile Justice and Delinquency Prevention or his designee.
(8)	The Superintendent of Public Instruction or his designee.
(9)	The Executive Director of the Governor's Crime Commission or his designee.
SECTION 1.(c)  The President Pro Tempore shall designate one Senator as cochair, and the Speaker shall designate one Representative as cochair.  Vacancies on the Commission shall be filled by the same appointing authority as made the initial appointment.  The Commission shall expire upon delivering its final report.
SECTION 1.(d)  The Commission, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120‑19 and G.S. 120‑19.1 through G.S. 120‑19.4. The Commission may meet at any time upon the joint call of the cochairs. The Commission may meet in the Legislative Building or the Legislative Office Building. The Commission may contract for professional, clerical, or consultant services as provided by G.S. 120‑32.02.
	The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Commission in its work. The House of Representatives' and the Senate's Supervisors of Clerks shall assign clerical staff to the Commission, and the expenses relating to the clerical employees shall be borne by the Commission. Members of the Commission shall receive subsistence and travel expenses at the rates set forth in G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate.
SECTION 1.(e) In conducting the study, the Commission shall consider the following:
(1)	Improving coordination and collaboration between criminal justice, juvenile justice, correction, and human services agencies; and examining the effectiveness of services offered through or by those agencies.
(2)	The availability and accessibility of services, generally.
(3)	The availability and efficacy of services to substance abusers in Department of Correction facilities, and to those on probation or parole.
(4)	Fostering the development of adequate services and service providers.
(5)	The proper balance between punishment, and treatment and rehabilitation for offenders.
(6)	Differentiated treatment needs and follow‑up services needed by persons based on the category of substances abused.
(7)	Areas in which structured sentencing should be modified based on the need, benefits and efficacy of treatment, rehabilitation, appropriate post‑release supervision, and support services.
(8)	The disparities in sentencing, and in opportunities for treatment and rehabilitation, based on factors such as race, ethnicity, gender, and economic status.
(9)	Possible ways to impact positively on environment and living conditions within offenders' families and communities.
(10)	Possible ways to increase successful school completion for students who are or have been substance abusers.
(11)	Processes and programs that are effective in reducing the prevalence of substance abuse and associated criminal behaviors, and in reducing relapse and repeated offenses, and in preventing substance abuse.
(12)	The economic and social impact of substance abuse and related criminal offenses.
(13)	The efforts made to coordinate with and by the Governor's Crime Commission regarding these issues.
SECTION 2.  The Legislative Study Commission on Substance Abuse and Criminal Justice Issues Affecting Youth and Adults may make an interim report to the 2001 General Assembly not later than the convening of the 2001 General Assembly, 2002 Regular Session, and shall make its final report to the 2003 General Assembly upon its convening.
SECTION 3.  The Administrative Office of the Courts, Department of Correction, Department of Health and Human Services, Department of Juvenile Justice and Delinquency Prevention, Department of Public Instruction, Governor's Crime Commission, and the Office of the Governor shall cooperate with the Commission in its study.
SECTION 4.  There is appropriated from the General Fund to the General Assembly the sum of thirty thousand dollars ($30,000) for the 2001‑2002 fiscal year and the sum of thirty thousand dollars ($30,000) for the 2002‑2003 fiscal year to carry out the purposes of this act.
SECTION 5.  This act becomes effective July 1, 2001.