State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-478

Part 3. Governor's CrimeCommission.

§ 143B‑478.  Governor'sCrime Commission – creation; composition; terms; meetings, etc.

(a)        There is herebycreated the Governor's Crime Commission of the Department of Crime Control andPublic Safety. The Commission shall consist of 38 voting members and sixnonvoting members. The composition of the Commission shall be as follows:

(1)        The voting membersshall be:

a.         The Governor, theChief Justice of the Supreme Court of North Carolina (or his alternate), theAttorney General, the Director of the Administrative Office of the Courts, theSecretary of the Department of Health and Human Services, the Secretary of theDepartment of Correction, the Secretary of the Department of Juvenile Justiceand Delinquency Prevention, and the Superintendent of Public Instruction;

b.         A judge of superiorcourt, a judge of district court specializing in juvenile matters, a chiefdistrict court judge, a clerk of superior court, and a district attorney;

c.         A defense attorney,three sheriffs (one of whom shall be from a "high crime area"), threepolice executives (one of whom shall be from a "high crime area"),eight citizens (two with knowledge of juvenile delinquency and the publicschool system, two of whom shall be under the age of 21 at the time of theirappointment, one advocate for victims of all crimes, one representative from adomestic violence or sexual assault program, one representative of a"private juvenile delinquency program," and one in the discretion ofthe Governor), three county commissioners or county officials, and three mayorsor municipal officials;

d.         Two members of theNorth Carolina House of Representatives and two members of the North CarolinaSenate.

(2)        The nonvotingmembers shall be the Director of the State Bureau of Investigation, theSecretary of the Department of Crime Control and Public Safety, the AssistantSecretary of Intervention/Prevention of the Department of Juvenile Justice andDelinquency Prevention, the Assistant Secretary of Youth Development of the Departmentof Juvenile Justice and Delinquency Prevention, the Director of the Division ofPrisons and the Director of the Division of Community Corrections.

(b)        The membership ofthe Commission shall be selected as follows:

(1)        The followingmembers shall serve by virtue of their office: the Governor, the Chief Justiceof the Supreme Court, the Attorney General, the Director of the AdministrativeOffice of the Courts, the Secretary of the Department of Health and HumanServices, the Secretary of the Department of Correction, the Director of theState Bureau of Investigation, the Secretary of the Department of Crime Controland Public Safety, the Director of the Division of Prisons, the Director of theDivision of Community Corrections, the Secretary of the Department of JuvenileJustice and Delinquency Prevention, the Assistant Secretary ofIntervention/Prevention of the Department of Juvenile Justice and DelinquencyPrevention, the Assistant Secretary of Youth Development of the Department ofJuvenile Justice and Delinquency Prevention, and the Superintendent of PublicInstruction. 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 theChief Justice which list must contain no less than three nominees from themembership of the Supreme Court.

(2)        The followingmembers shall be appointed by the Governor: the district attorney, the defenseattorney, the three sheriffs, the three police executives, the eight citizens,the three county commissioners or county officials, the three mayors ormunicipal officials.

(3)        The followingmembers shall be appointed by the Governor from a list submitted by the ChiefJustice of the Supreme Court, which list shall contain no less than three nomineesfor each position and which list must be submitted within 30 days after theoccurrence of any vacancy in the judicial membership: the judge of superiorcourt, the clerk of superior court, the judge of district court specializing injuvenile matters, and the chief district court judge.

(4)        The two members ofthe House of Representatives provided by subdivision (a)(1)d. of this sectionshall be appointed by the Speaker of the House of Representatives and the twomembers of the Senate provided by subdivision (a)(1)d. of this section shall beappointed by the President Pro Tempore of the Senate. These members shallperform the advisory review of the State plan for the General Assembly aspermitted by section 206 of the Crime Control Act of 1976 (Public Law 94‑503).

(5)        The Governor mayserve as chairman, designating a vice‑chairman to serve at his pleasure,or he may designate a chairman and vice‑chairman both of whom shall serveat his pleasure.

(c)        The initial membersof the Commission shall be those appointed under subsection (b) above, whichappointments shall be made by March 1, 1977. The terms of the present membersof the Governor's Commission on Law and Order shall expire on February 28,1977. Effective March 1, 1977, the Governor shall appoint members, other thanthose serving by virtue of their office, to serve staggered terms; seven shallbe appointed for one‑year terms, seven for two‑year terms, andseven for three‑year terms. At the end of their respective terms ofoffice their successors shall be appointed for terms of three years and untiltheir successors are appointed and qualified. The Commission members from theHouse and Senate shall serve two‑year terms effective March 1, of eachodd‑numbered year; and they shall not be disqualified from Commissionmembership because of failure to seek or attain reelection to the GeneralAssembly, but resignation or removal from office as a member of the GeneralAssembly shall constitute resignation or removal from the Commission. Any otherCommission member no longer serving in the office from which he qualified forappointment shall be disqualified from membership on the Commission. Anyappointment to fill a vacancy on the Commission created by the resignation,dismissal, death, disability, or disqualification of a member shall be for thebalance of the unexpired term.

(d)        The Governor shallhave the power to remove any member from the Commission for misfeasance,malfeasance or nonfeasance.

(e)        The Commissionshall meet quarterly and at other times at the call of the chairman or uponwritten request of at least eight of the members. A majority of the votingmembers shall constitute a quorum for the transaction of business. (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.)