North Carolina § 164-42 - 1. Policy recommendations.

§ 164-42. 1. Policy recommendations.

Using the studies of the Special Committee on Prisons, the Governor's Crime Commission, and other analyses, including testimony from representatives of the bodies that conducted the analyses, the Commission shall: Determine the long-range needs of the criminal justice and corrections systems and recommend policy priorities for those systems; Determine the long-range information needs of the criminal justice and corrections systems and acquire that information as it becomes available; Identify critical problems in the criminal justice and corrections systems and recommend strategies to solve those problems; Assess the cost-effectiveness of the use of State and local funds in the criminal justice and corrections systems; Recommend the goals, priorities, and standards for the allocation of criminal justice and corrections funds; Recommend means to improve the deterrent and rehabilitative capabilities of the criminal justice and corrections systems; Propose plans, programs, and legislation for improving the effectiveness of the criminal justice and corrections systems; Determine the sentencing structures for parole decisions; Examine the impact of mandatory sentence lengths as opposed to the deterrent effect of minimum mandatory terms of imprisonment; Examine good time and gain time practices; Study the value of presentence reports; Consider the rehabilitative potential of the offender and the appropriate rehabilitative placement; Examine the impact of imprisonment on families of offenders; Examine the impact of imprisonment on the ability of the offender to make restitution; Study the need for an amendment to Article XI, Section 1 of the State Constitution to include restitution, restraints on liberty, work programs, or other punishments to the list of punishments allowed under that section; and Study the costs and consequences of criminal behavior in North Carolina and consider the value of preventing crimes by using incarceration to deter both prospective criminals and convicted criminals from future crimes. Using the studies and analyses available, including testimony from representatives of the bodies that conducted the analyses, the Commission shall: Determine the long-range needs of the juvenile justice system and recommend policy priorities for that system; Determine the long-range information needs of the juvenile justice system and acquire that information as it becomes available; Identify critical problems in the juvenile justice system and recommend strategies to solve those problems; Assess the cost-effectiveness of the use of State and local funds in the juvenile justice system; and Recommend the goals, priorities, and standards for the allocation of juvenile justice funds. History (1989 (Reg. Sess., 1990), c. 1076, s. 1; 1993, c. 253, s. 5.1; c. 321, s. 200.1; 1993 (Reg. Sess., 1994), c. 591, s. 6(a); 1995, c. 236, s. 1; 1997-256, s. 6; 1997-347, s. 2; 1997-401, s. 2; 1997-418, s. 2; 1997-443, s. 18.6(a); 1998-202, s. 10(c).) Editor's Note. - Session Laws 2004-124, s. 16.5, provides: "Pursuant to G.S. 164-42.1 and G.S. 164-43, the North Carolina Sentencing and Policy Advisory Commission shall prepare biennial reports on juvenile recidivism in North Carolina. The Commission shall consult with the Department of Juvenile Justice and Delinquency Prevention [now the Division of Juvenile Justice of the Department of Public Safety] and the Fiscal Research Division of the Legislative Services Office of the General Assembly in developing a methodology for measuring juvenile recidivism in North Carolina. The Commission shall report the proposed methodology to the 2005 General Assembly by March 1, 2005. The Commission's report shall also include a timeline for completing the initial analysis and recidivism report and any proposed legislation regarding juvenile recidivism. The report shall also include recommendations for other outcome measures that are appropriate for evaluating juvenile program effectiveness." Session Laws 2004-124, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2004'." Session Laws 2004-124, s. 33.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2004-2005 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2004-2005 fiscal year." Session Laws 2004-124, s. 33.5, is a severability clause.