2009 BUDGET SUMMARY
Community-Based Corrections
To see a full description of each of the following programs, go to community program descriptions.
Criminal Justice Partnership Program - no reduction
Dispute Resolutions Centers - 25% reduction
Drug Treatment Court - no reduction specified; adjustments could still be made at the Departmental level. The budget also clarifies that DWI Treatment courts are a type of Drug Treatment Court under the Drug Treatment Court Act. In the past, the Administrative Office of the Courts had not recognized DWI Courts as a type of Drug Treatment Court.
Harriet's House - 25% reduction
Sentencing Services - 15% reduction and continuation review for 2010 – 2011. Indigent Defense Services may look at current and historical performance, local support and interest, the amount of funding to be saved and other factors in making the reduction.
Summit House - 10% reduction
TROSA - no reduction pending any changes made by DHHS and LMEs when legislators adjourn
Women at Risk - 25% reduction
Probation - The Department of Correction and the Administrative Office of the Courts shall conduct a feasibility study of conducting pre-sentence investigations on all offenders convicted of felonies in Intermediate or Active cells of the sentencing grid. These investigations shall be implemented on a pilot basis in both rural and urban districts.
Probation Offices - The budget requires all counties to pay rental space for probation officers. Apparently some counties are not currently paying for those offices.
Community Corrections Intake Officers - fund with stimulus dollars by up to 1.23 million
Community Service Work Crews - cut by 4.7 mil. This will eliminate 127 crews and 127 officer positions. Costs for participating in the community service work program will increase from $200 to $225.
Judicial District Manger Offices - reduce by 14
Expand Chief Probation Officer Positions by 18
Courts
Court Fees - Court fees in both civil and criminal cases have been significantly increased in a wide variety of areas. Criminal fee increases include: $17 increase in most cases; $100 increase if a defendant fails to appear; $25 is assessed for a defendant who fails to pay within 20 days; a $300 increase for SBI services or for local lab services.
Judicial Travel Expenses - Travel expenses have been an issue this session and judges will now receive travel expenses on a mileage reimbursement basis, similar to other Court employees.
Divide Harnett/Lee/Johnston Prosecutorial District - This district will now become 11A (Harnett and Lee) and 11B (Johnston)
Eliminate Vacant Position - 47 vacant positions in administration and courthouses will be eliminated.
Juveniles
Juvenile Age - Although the juvenile age was not raised to 18 during this legislative session, the budget bill establishes a Task Force charged with developing a full implementation plan if it is determined that the age should be raised. The implementation plan shall include items such as: costs to the Courts, law enforcement and DJJP; laws that need to be amended; proposals to eliminate racial disparity; proposals regarding rehabilitative community programs; and standards for transferring juveniles to Superior Court.
Eckerd Wilderness - reduce by 2.7 million and close two of seven camps
Gangs - Stimulus dollars will be used to fund up to $5 million in evidence-based grants for gang prevention. The Gov's Crime Commission will consult with JCPCs on allocating these funds. Some funds are available for programs working with youth above the age of 16.
Gang Taskforce - $200,000 are appropriated from stimulus funds for staffing a statewide gang taskforce. As part of the Governor's Comprehensive Gang Initiative, DJJP will establish a "two-year Gang Prevention and Intervention Pilot Program."
Governor's 1 on 1 - Eliminates funding (1.6 million) but programs are eligible for JCPC funds
SOS Program (Support Our Students) - 6.6 million reduction that elminates the program in its currently funded location, but other sources of funding are said to be available, including Dept. of Public Instruction.
Juvenile Crime Prevention Councils - JCPCs - no reduction
Juvenile Crime Prevention Reports - The Sentencing and Policy Advisory Commission shall study and report on the effectiveness of programs receiving grant funding through the JCPC program. This has been a problematic issue in the past as legislators did not receive full reports on local program activities even when those reports were provided.
Law Enforcement
Illegal Immigation Project - The NC Sheriffs' Association will continue to receive funds for the Illegal Immigration Project and must report back to the General Assembly on the use of those funds by March 1.
Sex Offenders - Funds were authorized to the Governor's Crime Commission to assist Sheriff's with the enforcement of sex offender laws.
Legal Services
Indigent Defense Services - The Private Attorney funds will be increased by $16.1 million in 2009-10 and $14.3 in 2010-11. The recurring budget has been decreased, but $7 million in non-recurring funds was appropriated to help pay unpaid claims. Indigent Defense will be allowed to use $2.5 million of its funds to expand existing public defender offices or to create new offices within currently served districts.
Indigent Defense will also report on plans to make services more cost-effective including any recommendations concerning the desirability of establishing regional public defender offices.
Center for Death Penalty Litigation - 5% reduction
NC LEAF funding - $125,000 reduction
Prisoner Legal Services - $62,204 reduction
Mental Health/ Substance Abuse/ Developmental Disabilities
Mental Health Centers (LMEs) have all had their allocations reduced by 10%. A number of LMEs have fund balances and the legislature expects them to use those fund balances to help fund services in this very tough budget year. The state is expecting to closely monitor these fund balances.
Service Reductions - $40 million was reduced from services in the waning days of the legislative session. Advocates expect this cut to have a major negative impact on service delivery.
Prisons
Justice Reinvestment Act - $100,000 was appropriated to participate in the Justice Reinvestment Act sponsored by the Council of State governments. This is a national organization that will provide technical assistance to North Carolina as it develop "policies and recommendations that can reduce prison overcrowding and manage the offender population."
Close Seven Prisons - $$ 22.3 mil reduction by 2011, Closures include: McCain Hospital, Umstead, Wilmington Residential facility, Lincoln, Warren, Gates, Union, and Cleveland. Craven will be double celled. Haywood will not be closed.
The Department of Correction is expected to consult with state and local agencies about the possibility of putting closed facilities to use. The state may transfer or lease these facilities to counties, municipalities, State agencies or private firms. The Department of Correction shall also study the feasibility of using these facilities as probation revocation centers.
Misdemeanant Payments - The Department of correction will no longer be required to pay $18 per day per offender for counties holding misdemeanants with 30 - 90 day sentences.
Our Children's Place - 25% reduction
Victims' Organization
NC VAN - Reduce Victim's Assistance funding by 25%.