North Carolina § 143B-1100 - Governor's Crime Commission - creation; composition; terms; meetings, etc.

§ 143B-1100. Governor's Crime Commission - creation; composition; terms; meetings, etc.

There is hereby created the Governor's Crime Commission of the Department of Public Safety. The Commission shall consist of 37 voting members and five nonvoting members. The composition of the Commission shall be as follows: The voting members shall be: The Governor, the Chief Justice of the Supreme Court of North Carolina (or the Chief Justice's designee), the Attorney General, the Director of the Administrative Office of the Courts, the Secretary of the Department of Health and Human Services, the Secretary of Public Safety (or the Secretary's designee), and the Superintendent of Public Instruction; A judge of superior court, a judge of district court specializing in juvenile matters, a chief district court judge, a clerk of superior court, and a district attorney; A defense attorney, three sheriffs (one of whom shall be from a "high crime area"), three police executives (one of whom shall be from a "high crime area"), eight citizens (two with knowledge of juvenile delinquency and the public school system, two of whom shall be under the age of 21 at the time of their appointment, one advocate for victims of all crimes, one representative from a domestic violence or sexual assault program, one representative of a "private juvenile delinquency program," and one in the discretion of the Governor), three county commissioners or county officials, and three mayors or municipal officials; Four public members. The nonvoting members shall be the Director of the State Bureau of Investigation, the Deputy Chief of the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety who is responsible for Intervention/Prevention programs, the Deputy Chief of the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety who is responsible for Youth Development programs, the Section Chief of the Section of Prisons of the Division of Adult Correction and Juvenile Justice and the Section Chief of the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice. The membership of the Commission shall be selected as follows: The following members shall serve by virtue of their office: the Governor, the Chief Justice of the Supreme Court, the Attorney General, the Director of the Administrative Office of the Courts, the Secretary of the Department of Health and Human Services, the Secretary of Public Safety, the Director of the State Bureau of Investigation, the Section Chief of the Section of Prisons of the Division of Adult Correction and Juvenile Justice, the Section Chief of the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice, the Deputy Chief who is responsible for Intervention/Prevention of the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, the Deputy Chief who is responsible for Youth Development of the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, and the Superintendent of Public Instruction. Should the Chief Justice of the Supreme Court choose not to serve, his alternate shall be selected by the Governor from a list submitted by the Chief Justice which list must contain no less than three nominees from the membership of the Supreme Court. The following members shall be appointed by the Governor: the district attorney, the defense attorney, the three sheriffs, the three police executives, the eight citizens, the three county commissioners or county officials, the three mayors or municipal officials. The following members shall be appointed by the Governor from a list submitted by the Chief Justice of the Supreme Court, which list shall contain no less than three nominees for each position and which list must be submitted within 30 days after the occurrence of any vacancy in the judicial membership: the judge of superior court, the clerk of superior court, the judge of district court specializing in juvenile matters, and the chief district court judge. Two public members provided by sub-subdivision (a)(1)d. of this section shall be appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives and two public members provided by sub-subdivision (a)(1)d. of this section shall be appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate. The Governor may serve as chairman, designating a vice-chairman to serve at his pleasure, or he may designate a chairman and vice-chairman both of whom shall serve at his pleasure. The initial members of the Commission shall be those appointed under subsection (b) above, which appointments shall be made by March 1, 1977. The terms of the present members of the Governor's Commission on Law and Order shall expire on February 28, 1977. Effective March 1, 1977, the Governor shall appoint members, other than those serving by virtue of their office, to serve staggered terms; seven shall be appointed for one-year terms, seven for two-year terms, and seven for three-year terms. At the end of their respective terms of office their successors shall be appointed for terms of three years and until their successors are appointed and qualified. The public members appointed pursuant to subdivision (4) of subsection (b) of this section shall serve two-year terms effective March 1, of each odd-numbered year. Any Commission member no longer serving in the office from which the member qualified for appointment shall be disqualified from serving on the Commission. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death, disability, or disqualification of a member shall be for the balance of the unexpired term. The Governor shall have the power to remove any member from the Commission for misfeasance, malfeasance or nonfeasance. The Commission shall meet quarterly and at other times at the call of the chairman or upon written request of at least eight of the members. A majority of the voting members shall constitute a quorum for the transaction of business. The Commission shall be treated as a board for purposes of Chapter 138A of the General Statutes. History (1965, c. 663; 1977, c. 11, s. 1; 1981, c. 467, ss. 1-5; 1981 (Reg. Sess., 1982), c. 1189, s. 4; 1991, c. 739, s. 32; 1997-443, s. 11A.118(a); 1998-170, s. 3; 1998-202, s. 4(aa); 1999-423, s. 11; 2000-137, s. 4(ee); 2001-95, s. 6; 2001-487, s. 47(g); 2007-454, s. 1; 2010-169, s. 11; 2011-145, s. 19.1(g), (i)-( l ), (x); 2012-83, s. 54; 2013-410, s. 13; 2015-9, s. 2.3(a), (b); 2015-264, s. 79(a), (b); 2017-6, s. 3; 2017-186, s. 2(kkkkkk); 2018-146, ss. 3.1(a), (b), 6.1.) Re-recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification. Pursuant to this authority, the Revisor substituted "Articles 5, 6, 7, and 9 of Chapter 163 A" for "Chapter 138A" in subsection (f). Session Laws 2018-146, ss. 3.1(a), (b), and 6.1, repealed Session Laws 2017-6, s. 3, and authorized the Revisor of Statutes to re-recodify Chapter 163A into Chapters 163, 138A, and 120C and to revert the changes made by the Revisor pursuant to Session Laws 2017-6, s. 3. Pursuant to this authority, the Revisor of Statutes reverted the change to the reference in subsection (f). Editor's Note. - Former G.S. 143B-478 was recodified as G.S. 143B-272.75 by Session Laws 2011-145, s. 19.1(x), effective January 1, 2012. It was subsequently renumbered as this section at the direction of the Revisor of Statutes. Former G.S. 143B-478 was G.S. 143B-337 as amended by Session Laws 1977, c. 11, s. 1. It was recodified because of the transfer of the Governor's Crime Commission (formerly the Governor's Law and Order Commission) to the Department of Crime Control and Public Safety. Session Laws 2009-52, ss. 1-4, as amended by Session Laws 2013-70, ss. 1-3, provides for the establishment of a multidisciplinary Domestic Violence Fatality Prevention and Protection Review Team to identify and review domestic violence-related deaths and facilitate communication which team is modeled upon the North Carolina Child Fatality Prevention Team. The team shall consist of a lead agency, Community Support Services of Charlotte, North Carolina, and representatives of public and nonpublic agencies in the community serving domestic violence victims. The team shall meet at least four times annually and shall: study the incidences and causes of death in domestic violence incidents; develop a system for multidisciplinary review; examine issues on confidentiality; make recommendations for improvements and resources; and perform other functions necessary to carry out the team's mandate. The team is granted access to records and documentation concerning domestic violence cases; however, access shall be limited when investigations are pending and confidentiality shall be maintained. This act shall not be construed to obligate the General Assembly to appropriate funds to implement its provisions. Session Law 2011-145, s. 19.1(x) recodified former Part 3 (G.S. 143B-478 et seq.) of Article 11 of Chapter 143B as Subpart A (G.S. 143B-272.75 et seq.) of Part 6 of Article 5A of Chapter 143B . Article 5A was renumbered as Article 13 at the direction of the Revisor of Statutes. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.5, is a severability clause. Session Laws 2015-9, in its preamble, provides in part: "Whereas, the holding of the North Carolina Supreme Court in Wallace v. Bone , 304 N.C. 591 (1982), prohibits legislators from serving on certain boards; and "Whereas, since Wallace v. Bone , the General Assembly has periodically enacted legislation removing legislators from serving in such capacities when those instances arise; and "Whereas, the General Assembly has determined that legislators are not eligible to serve on certain existing boards and commissions; Now, therefore." Effect of Amendments. - Session Laws 2007-454, s. 1, effective August 28, 2007, substituted "38" for "36" in the introductory language of subsection (a); in subdivision (a)(1)c., substituted "eight" for "six" and inserted "one advocate for victims of all crimes, one representative from a domestic violence or sexual assault program"; and substituted "eight" for "six" in subdivision (b)(2). Session Laws 2010-169, s. 11, effective August 2, 2010, added subsection (f). Session Laws 2011-145, s. 19.1(g), and (i)-( l ), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety" in the introductory language of subsection (a) and in subdivisions (a)(2) and (b)(1); substituted "Secretary of Public Safety" for "Secretary of the Department of Correction" in subdivisions (a)(1)a. and (b)(1); substituted "Section of Prisons of the Division of Adult Correction" for "Division of Prisons" and "Section of Community Corrections of the Division of Adult Correction" for "Division of Community Corrections" in subdivisions (a)(2) and (b)(1); and substituted "Division of Juvenile Justice of the Department of Public Safety" for "Department of Juvenile Justice and Delinquency Prevention" throughout this section. Session Laws 2012-83, s. 54, effective June 26, 2012, in subsection (a), substituted "36 voting members" for "38 voting members", in subdivision (a)(1)a., substituted "(or the Chief Justice's designee)" for "(or his alternate)" and substituted "(or the Secretary's designee)" for "the Secretary of the Division of Juvenile Justice of the Department of Public Safety"; rewrote subdivision (a)(2); in subdivision (b)(1), substituted "Section Chief of the Section of Prisons of the Division of Adult Correction, the Section of Community Corrections of the Division of Adult Correction, the Deputy Director who is responsible for Intervention/Prevention of the Division of Juvenile Justice of the Department of Public Safety, the Deputy Director who is responsible for" for "Secretary of the Department of Public Safety, the Director of the Section of Prisons of the Division of Adult Correction, the Director of the Section of Community Corrections of the Division of Adult Correction, the Secretary of the Division of Juvenile Justice of the Department of Public Safety, the Assistant Secretary of Intervention/Prevention of the Division of Juvenile Justice of the Department of Public Safety, the Assistant Secretary of ." Session Laws 2013-410, s. 13, effective August 23, 2013, in subsection (a), substituted "37" for "36" and "five" for "six." Session Laws 2015-9, s. 2.3(a), (b), effective April 27, 2015, substituted "Four public members" for "Two members of the North Carolina House of Representatives and two members of the North Carolina Senate" in subdivision (a)(1)d; and rewrote subdivision (b)(4). Session Laws 2015-264, s. 79(a), b), effective October 1, 2015, substituted "sub-subdivision" for "subdivision" two times in subdivision (b)(4); and in subsection (c), rewrote the fifth sentence, which read, "The Commission members from the House and Senate shall serve two-year terms effective March 1, of each odd-numbered year; and they shall not be disqualified from Commission membership because of failure to seek or attain reelection to the General Assembly, but resignation or removal from office as a member of the General Assembly shall constitute resignation or removal from the Commission," substituted "Any" for "Any other" and "serving" for "membership" and made gender neutral changes in the sixth sentence. Session Laws 2017-186, s. 2(kkkkkk), effective December 1, 2017, substituted "Deputy Chief" for "Deputy Director," "Juvenile Justice Section of the Division of Adult Correction and" for "Division of" and inserted "and Juvenile Justice" throughout the section. Legal Periodicals. - For article, "Juvenile Justice in Transition - A New Juvenile Code for North Carolina," see 16 Wake Forest L. Rev. 1 (1980).