North Carolina § 143B-1101 - Governor's Crime Commission - powers and duties.

§ 143B-1101. Governor's Crime Commission - powers and duties.

The Governor's Crime Commission shall have the following powers and duties: To serve, along with its adjunct committees, as the chief advisory board to the Governor and to the Secretary of the Department of Public Safety on matters pertaining to the criminal justice system. To recommend a comprehensive statewide plan for the improvement of criminal justice throughout the State which is consistent with and serves to foster the following established goals of the criminal justice system: To reduce crime, To protect individual rights, To achieve justice, To increase efficiency in the criminal justice system, To promote public safety, To provide for the administration of a fair and humane system which offers reasonable opportunities for adjudicated offenders to develop progressively responsible behavior, and To increase professional skills of criminal justice officers. To advise State and local law-enforcement agencies in improving law enforcement and the administration of criminal justice; To make studies and recommendations for the improvement of law enforcement and the administration of criminal justice; To encourage public support and respect for the criminal justice system in North Carolina; To seek ways to continue to make North Carolina a safe and secure State for its citizens; To recommend objectives and priorities for the improvement of law enforcement and criminal justice throughout the State; To recommend recipients of grants for use in pursuing its objectives, under such conditions as are deemed to be necessary; To serve as a coordinating committee and forum for discussion of recommendations from its adjunct committees formed pursuant to G.S. 143B-1102; and To serve as the primary channel through which local law-enforcement departments and citizens can lend their advice, and state their needs, to the Department of Public Safety. The Governor's Crime Commission shall review the level of gang activity throughout the State and assess the progress and accomplishments of the State, and of local governments, in preventing the proliferation of gangs and addressing the needs of juveniles who have been identified as being associated with gang activity. All directives of the Governor's Crime Commission shall be administered by the Director, Crime Control Division of the Department of Public Safety. History (1975, c. 663; 1977, c. 11, s. 2; 1979, c. 107, s. 11; 1981, c. 931, s. 3; 1981 (Reg. Sess., 1982), c. 1191, s. 15; 2008-56, s.7; 2008-187, s. 44.5(b); 2011-145, s. 19.1(g), (x), (xx); 2014-100, s. 16A.2; 2015-241, s. 16B.3(b).) Editor's Note. - Former G.S. 143B-479 was recodified as G.S. 143B-272.76 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. Subsections and subdivisions were redesignated at the direction of the Revisor of Statutes. Former G.S. 143B-479 was G.S. 143B-338 as rewritten by Session Laws 1977, c. 11, s. 2. It was recodified in this Article because of the transfer of the Governor's Crime Commission (formerly the Governor's Law and Order Commission) to the Department of Public Safety. Session Laws 1999-237, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 1999'." Session Laws 1999-237. ss. 20(a) and (b), provide that the Governor's Crime Commission of the Department of Crime Control and Public Safety shall report on the State application for grants under the State and Local Law Enforcement Assistance Act of 1986 (Part M of the Omnibus Crime Control and Safe Streets Act of 1968 as enacted by Subtitle K of P.L. 99-570, the Anti-Drug Abuse Act of 1986) to the Senate and House Appropriations Subcommittees on Justice and Public Safety when the General Assembly is in session. When the General Assembly is not in session, the Governor's Crime Commission shall report on the State application to the Joint Legislative Commission on Governmental Operations, as applications for grants shall be reviewed by the Joint Legislative Commission on Governmental Operations when the General Assembly is not in session unless a State statute provides a different forum for review. Session Laws 1999-237, s. 30.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1999-2001 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 1999-2001 biennium." Session Laws 1999-237, s. 30.4, is a severability clause. Session Laws 2003-284, ss. 17.4(a) and (b), provide: "(a) Section 1303(4) of the Omnibus Crime Control and Safe Streets Act of 1968 provides that the State application for Drug Law Enforcement Grants is subject to review by the State legislature or its designated body. Therefore, the Governor's Crime Commission of the Department of Crime Control and Public Safety shall report on the State application for grants under the State and Local Law Enforcement Assistance Act of 1986, Part M of the Omnibus Crime Control and Safe Streets Act of 1968 as enacted by Subtitle K of P.L.99-570, the Anti-Drug Abuse Act of 1986, to the Senate and House of Representatives Appropriations Subcommittees on Justice and Public Safety when the General Assembly is in session. When the General Assembly is not in session, the Governor's Crime Commission shall report on the State application to the Joint Legislative Commission on Governmental Operations. "(b) Unless a State statute provides a different forum for review, when a federal law or regulation provides that an individual State application for a grant shall be reviewed by the State legislature or its designated body and at the time of the review the General Assembly is not in session, that application shall be reviewed by the Joint Legislative Commission on Governmental Operations." The last two paragraphs of Session Laws 2008-56, s. 7, as amended by Session Laws 2008-187, s. 44.5(b), were codified as subsection (a1) of this section at the direction of the Revisor of Statutes. When G.S. 143B-479 was recodified as this section, subsection (a1) was designated as subsection (b). For provisions relating to the Gang Prevention and Intervention Pilot Program, see the Editor's note under G.S. 143B-516. 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. Effect of Amendments. - Session Laws 2011-145, s. 19.1(g) and (xx), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety" in subdivisions (a)(1) and (a)(10) and in subsection (c), and substituted "G.S. 143B-1102" for "G.S. 143B-480" in subdivision (a)(9). Session Laws 2014-100, s. 16A.2, effective July 1, 2014, substituted "and shall report those recommendations to the Chairs of the Senate Appropriations Committee on Justice and Public Safety, the Chairs of the House of Representatives Appropriations Subcommittee on Justice and Public Safety, and to the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety" for "to the General Assembly" in the second paragraph of subsection (b). Session Laws 2015-241, s. 16B.3(b), effective July 1, 2015, deleted the second paragraph in subsection (b), which read: "The Governor's Crime Commission shall develop recommendations concerning the establishment of priorities and needed improvements with respect to gang prevention and shall report those recommendations to the Chairs of the Senate Appropriations Committee on Justice and Public Safety, the Chairs of the House of Representatives Appropriations Subcommittee on Justice and Public Safety, and to the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety on or before March 1 of each year."