NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 663

SENATE BILL 833

 

 

AN ACT TO ESTABLISH THE LAW AND ORDER COMMISSION.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 143B of the General Statutes is amended by adding a new Part 23 as follows:

"Part 23. Governor's Law and Order Commission.

"§ 143B-337.  Governor's Law and Order Commission; creation. — (a) There is hereby created the Governor's Law and Order Commission of the Department of Natural and Economic Resources. The Commission shall consist of 28 members, including the Governor. The composition of the commission shall be as follows:

(1)        Eight ex officio members of State Government including the Governor, the Attorney General, the Director of the Sate Bureau of Investigation, the Commander of the State Highway Patrol, the Secretary of Administration, the Director of the Administrative Office of the Courts, the Secretary of Correction, and the Chairman of the Paroles Commission.

(2)        Twenty members appointed by the Governor consisting of two sheriffs, two police executives, one judge of the superior court, one judge of the district court, one district attorney, two citizens (one with knowledge of juvenile delinquency), one attorney specializing in defense of criminal cases, five county commissioners appointed after consultation with the North Carolina Association of County Commissioners, five mayors or other elected municipal officials appointed after consultation with the North Carolina League of Municipalities.

(b)        The initial members of the commission shall be the previously appointed members of the Committee on Law and Order who shall serve for a period equal to the remainder of their current terms on the Law and Order Committee, all of which terms expire on June 30, 1975. The Governor shall thereafter appoint members, other and those serving ex officio designated in subsection (a)(1), to serve three-year terms, and six for three-year terms. At the end of heir respective terms of office their successors shall be appointed for terms of three years and until their successors are appointed and qualified. Successors, whether for a full term or to fill a vacancy, to the county and municipal officials initially appointed shall be appointed after consultation in the same manner as the initial members. Any appointment to fill a vacancy on the commission crated by the resignation, dismissal, death or disability of a member, or created by disqualification by virtue of a member no longer serving in the office from which he qualified for appointment, shall be for the balance of the unexpired term. The Governor may annually designate a member of the commission to serve as its chairman, and one to serve as its vice-chairman.

The Governor shall have the power to remove any member of the commission from office for misfeasance, malfeasance or nonfeasance.

The committee shall meet quarterly and at other times at the call of the chairman or upon written request of at least 11 of the members.

A majority of the commission shall constitute a quorum for the transaction of business.

"§ 143B-338.  Governor's Law and Order Commission; powers and duties. — (a) The Law and Order Commission shall have the following powers and duties:

(1)        to assist and participate with State and local law enforcement agencies to improve law enforcement and the administration of criminal justice;

(2)        to make studies and recommendations for the improvement of law enforcement and the administration of criminal justice;

(3)        to encourage public support and respect for law and order;

(4)        to seek ways to continue to make North Carolina a safe and secure State for its citizens;

(5)        to accept gifts, bequests, devises, grants, matching funds, and other considerations from private or governmental sources for use in promoting its work; and

(6)        to make grants for use in pursuing its objectives, under such conditions as are deemed to be necessary.

(b)        The commission is authorized and empowered to adopt such rules and regulations, not inconsistent with the laws of this State, as may be required by the federal government for grants-in-aid for law and order purposes which may be made available for the State by the federal government. The Law and Order Commission shall be the State agency responsible for establishing policy, planning and carrying out the State's duties with respect to all grants to the State by the Law Enforcement Assistance Administration of the United States Department of Justice. In respect to such grants, the commission shall have authority to review, approve and maintain general oversight of the State plan and its implementation, including subgrants and allocations to local units of government.

All decisions and grants heretofore made by the Committee on Law and Order shall remain in full force and effect unless and until repealed or superseded by action of the Law and Order Commission established herein. All actions adopted by the commission shall be enforced by the Administrator, Law and Order Section, of the Department of Natural and Economic Resources.

"§ 143B-339.  Law and Order Section of Department of Natural and Economic Resources. — (a) There is hereby established, within the Department of Natural and Economic Resources, the Law and Order Section, which shall be organized and staffed in accordance with applicable laws and regulations and within the limits of authorized appropriations.

(b)        The Department of Natural and Economic Resources shall provide clerical and other services required by the Law and Order Commission, and shall administer the State Law Enforcement Assistance Program and such additional related programs as may be established by or assigned to the commission.

Administrative responsibilities shall include, but are not limited to, the following:

(1)        compile data, establish needs and set pnont.es for funding as policy recommendations for the commission;

(2)        prepare statewide plans for adoption by the commission which are designated to improve systematically the administration of criminal justice and the reduction of crime in North Carolina and revise them from time to time as may be appropriate;

(3)        advise State and local interests of opportunities for securing federal assistance for crime reduction and for improving criminal justice administration and planning within the State of North Carolina;

(4)        stimulate and seek financial support from federal, State, and local government and private sources for programs and projects which implement adopted criminal justice administration improvement and crime reduction plans;

(5)        assist State agencies and units of general local government and combinations thereof in the preparation and processing of applications for financial aid to support improved criminal justice administration, planning, and crime reduction;

(6)        encourage and assist in the coordination of programs and activities o the several interests in the criminal justice system at the federal, State and local government levels in the preparation and implementation of adopted criminal justice administration improvements and crime reduction plans;

(7)        apply for, receive, disburse and audit the use of funds received for the program from any public and private agencies and instrumentalities for criminal justice administration, planning, and crime reduction purposes;

(8)        enter into, monitor and evaluate the results of contracts and agreements necessary or incidental to the discharge of responsibilities assigned;

(9)        take such other actions as may be necessary and appropriate to carry out assigned duties and responsibilities."

Sec 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 18th day of June, 1975.