SENATE BILL NO. 632
AS AMENDED BY
SENATE AMENDMENT NOS. 4, 5, 6, 7, 9, & 10
AN ACT TO AMEND PART V, TITLE 11 OF THE DELAWARE CODE RELATING TO STATE LAW ENFORCEMENT AGENCIES; AND PROVIDING FOR A SEPARATE PLANNING AGENCY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Part V, Title 11 of the Delaware Code by striking the title of said Part V and substituting in lieu thereof the following:
"PART V. LAW ENFORCEMENT: ADMINISTRATION"
Section 2. Amend Part V, Title 11 of the Delaware Code by adding thereto a new chapter, designated as Chapter 87, which new Chapter shall read as follows:
"CHAPTER 87. LAW ENFORCEMENT PLANNING
§8701. Findings and Purpose
(a) The Delaware General Assembly finds and declares
(1) crime and delinquency are essentially State and local problems;
(2) crime and delinquency are complex social phenomena requiring the attention and efforts of the criminal justice system, State and local governments, and private citizens alike;
(3) the establishment of appropriate goals, objectives and standards for the reduction of crime and delinquency and for the administration of justice must be a priority concern;
(4) the functions of the criminal justice system must be coordinated more efficiently and effectively;
(5) the full and effective use of resources affecting state and local criminal justice systems requires the complete cooperation of State and local government agencies; and
(6) training, research, evaluation, technical
assistance, and public education activities must be encouraged and focused on the improvement of the criminal justice system, and the generation of new methods for the prevention and reduction of crime and delinquency.
§8702. Delaware Criminal Justice Planning Commission
(a) There is hereby created within the Executive Branch the Delaware Criminal Justice Planning Commission.
(b) The Commission shall consist of twenty-nine members as follows:
(1) The Governor who shall serve as Chairman.
(2) A Vice-Chairman appointed by the Governor, with the advice and consent of the Senate.
(3) The Chief Justice of the Delaware Supreme Court or his designee, the Director of the Administrative Office of the Courts, a Local Trial Court Judge to be appointed by the Governor, and two citizen members of the Juvenile Justice Advisory Group to be appointed by the Governor.
(4) The Chief Judge of Family Court, the Attorney General, the Public Defender, Superintendent of the State Police, Director of Public Safety for New Castle County, the Chairman of the Delaware Police Chiefs' Council, the Commissioner of Correction, the Chief of the Bureau of Juvenile Correction, the Chairman of the Board of Parole, the Sussex County Administrator, the Mayor of the City of Wilmington, the Chief of the Bureau of Substance Abuse of the Department of Health and Social Services, the State Budget Director and a member of the Violent Crimes Compensation Board to be chosen by the Governor.
(5) The Controller General of the State of Delaware and two citizen members to be appointed by the Speaker of the House and two citizen members to be appointed by the President Pro Tempore of the Senate.
(6) Three citizen members to be appointed by the Governor, one from each of the three counties.
(c) Members appointed by the Governor shall serve at the pleasure of the Governor. The terms of those members who serve by virtue of the office they hold shall be concurrent with service in the office from which they derived their membership.
(d) A member of the Commission is not entitled to a
salary for duties performed as a member of the Commission. Each member is entitled to reimbursement for travel and other necessary expenses incurred in the performance of official Commission duties.
(e) The Governor shall appoint an Executive Director, subject to confirmation by the Senate, who shall serve at the pleasure of the Governor, and who shall be paid such compensation as the Governor may determine and is compatible with the Commission's budget appropriation. Such salary shall not detract or infringe upon sums specifically allocated for various functions and responsibilities of the Commission. Within the amount appropriated to the Commission, the Executive Director may employ such personnel and contract for such consulting services as may be necessary and authorized, to carry out the purposes of this Chapter.
§8703. Meetings; Quorum; Committees
(a) The Commission shall meet at least four times each year and at such other times as it deems necessary. Fourteen members shall constitute a quorum.
(b) The Commission may establish committees as it deems advisable and feasible, but only the Commission itself may set policy or take other official action. All meetings of the Commission, or any committee thereof, at which public business is discussed or formal action is taken shall conform to the Freedom of Information Act (Chapter 100, Title 29 of the Delaware Code). In order to facilitate attendance of Commission members and the general public from all parts of the State, one-quarter (2570 of all Commission meetings each calendar year shall be held in Kent County, and one-quarter (25%) of Commission meetings each calendar year shall be held in Sussex County.
(c) The commission and any other committee or organization for the purposes of this Chapter shall provide for public access to all records relating to its functions under this Chapter, except such records as are required to be kept confidential by any other provision of State, Federal or local law. The Commission shall promulgate rules of procedure governing its operations, provided they are in accordance with the provisions of Chapter 64, Title 29.of the Delaware Code.
§8704. Powers and Duties The Commission shall:
(a) serve as the State Planning agency pursuant to the Omnibus Crime Control and Safe Streets Act of 1968 and the Juvenile Justice and Delinquency Prevention
Act of 1974, as amended, and other related Federal acts;
(b) advise and assist the Governor in developing policies, plans, programs, and budgets for improving the coordination, administration and effectiveness of the criminal justice system in this State;
(a) prepare a State comprehensive criminal justice plan on behalf of the Governor. Such plan, to be periodically updated, shall be based on an analysis of the State's criminal justice needs and problems, and shall be in conformance with State and other appropriate regulations;
(a) establish goals, priorities and standards for the reduction of crime and the improvement of the administration of justice in this State;
(a) recommend legislation to the Governor and the General Assembly in the criminal justice field;
(a) encourage local and regional comprehensive criminal justice planning efforts;
(a) monitor and evaluate programs and projects, funded in whole or in part by the State government, aimed at reducing crime and delinquency and improving the administration of justice;
(a) cooperate with and render technical assistance to State agencies and units of general local government, and public or private agencies relating to the criminal justice system;
(a) apply for, contract for, receive, and expend for its purposes any appropriations or grants from the State, its political subdivisions, the Federal government, or any other source public or private, in accordance with the appropriations process;
(a) have the authority to collect from any State or local governmental entity information, data, reports, statistics or such other material which is necessary to carry out the Commission's functions; and
(a) perform such other duties as may be necessary to carry out the purposes of this Chapter.
The Commission shall submit an Annual Report to the Governor and to the General Assembly concerning its work during the preceding calendar year. Other studies, evaluations, crime date analyses, and reports the Governor or to the General Assembly or as requested may be submitted to as are deemed appropriate.
§8706. Legislative Review
(a) A joint committee composed of the standing committee of the House of Representatives having primary jurisdiction over criminal justice matters and the Senate standing committee having primary jurisdiction over criminal justice matters shall have responsibility over the nature, method and timetable of legislative review of the goals, priorities and policies of the State's Comprehensive Plan as required by the Omnibus Crime Control Act of 1968 as amended. The joint committee shall meet in April, or at such other time prior to July 1 of each calendar year as the Committee shall determine. The joint committee shall at all times have access to information from any State agency, whether or not such agency is subject to the provisions of this Chapter and to all books, records, and other instrumentalities and properties which may be required in the performance of the statutory duties of the joint committee. The Commission shall cooperate with any member of the joint committee and shall make available such books, records, instrumentalities and property as may be requested.
(b) The joint committee shall hold as many hearings as it deems sufficient, which hearings shall be open to the public and shall be regularly and uniformly convened. At such hearings the public, representatives of the Commission and members of the committee shall be heard, and evidence received. All written evidence presented at the public hearings, including graphs and records, should be public information and be made available to the public for scrutiny and copying. The joint committee shall, among other things examine:
(1) The Commission's Annual Report to the joint committee of specific and detailed objectives for each of its major programs, and relating these objectives to the Comprehensive Plan;
(2) statements of the Commissions conclusions as to the effectiveness of each said program in meeting the objectives of the Comprehensive Plan;
(3) recommendations of the Commission with respect to any changes or additional legislative action deemed necessary to eliminate any shortcomings or ineffectiveness found in any programs, and how such shortcomings or ineffectiveness might relate to the Comprehensive Plan;
(4) a listing identifying the principal models,
analyses and studies supporting the major conclusions and recommendations of the annual report required by this section; and
(5) a review of the Commission's actions attempting to comply with legislative evaluations or reports over the fiscal year just concluded.
§8707. Sunset Provisions
(a) The provisions of this Chapter shall become automatically suspended on December 31, 1980, and if the Commission is permitted to operate after that date shall again become suspended on December 31 every four years thereafter.
(b) On each December 31 suspension of the Commission the Governor shall:
(1) conduct a review of the Commission's overall performance, including but not limited to a study of the Commission's effectiveness in accomplishing its general purposes;
(2) make public and submit to each House of the General Assembly a report on the findings of the review conducted pursuant to this section. Such report shall include a recommendation that the provisions of this Chapter be extended for another four years; and the Commission be reorganized; or that the Commission be terminated and the provisions of this Chapter be allowed to lapse;
(3) unless the Governor recommends termination of the Commission, the Commission shall resume its activities in a tentative or probationary status, subject only to the report required under subsection (c). Should such report recommend termination of the Commission, the Commission shall be terminated at that time.
(c) The Legislative Council of Delaware or a committee composed of legislators or the joint committee as set forth in §8706(a) shall conduct a review of the performance and effectiveness of the Commission after receipt of the Governor's report required by this section. The Legislative Council, legislative committee or joint committee, as the case may be, 'shall make public a report of their findings, conclusions, and recommendations, including proposed legislation for such extension or reorganization of the Commission as is recommended or deemed appropriate. The review required by this subsection shall be completed not later than six months following the December 31 suspension of the functions of the Commission.
§8707. Financial Disclosure
(a) Every member of the Commission shall file a report disclosing certain directly and constructively controlled financial interests as hereinafter provided. Each report shall include the following information:
(1) the name of the member;
(2) the name, instrument and nature of ownership, and any position of management held in any business entity in which legal or equitable ownership is in excess of $1,000 fair market value or from which income of $1,000 or more was either derived during the preceding calendar year, or might reasonably be expected to be derived during the current calendar year. Time or demand deposits in a financial institution, or any debt instrument having a fixed yield does not have to be listed unless it is convertible to an equity instrument;
(3) the name, address and type of practice of any professional organization in which the person reporting or his spouse is an officer, director or partner, or serves in any advisory capacity, from which income of $1,000 or more was either derived during the preceding calendar year or might reasonably be expected to be derived during the current calendar year;
(4) the source of each of the following items received during the preceding calendar year, or reasonable expected to be received during the current calendar year;
A. Any income,
B. Any capital gain from a single source exceeding $1,000, other than from the sale of a residence occupied by the-person reporting;
C. Reimbursement for expenditures exceeding $1,000 in each instance;
D. Honorariums from a single source aggregating $300 or more.
(5) Each creditor to whom the person reporting was indebted for a period of ninety consecutive days or more during the preceding calendar year in an aggregate amount in excess of $5,000.
(b) Each report shall contain a certification by the members that he has read the report, and that to the best of his knowledge and belief it is true, correct and complete and
that he has not and will not transfer any assets, interests or property for purpose of concealing it from disclosure while retaining an equitable interest therein.
(c) On or before April 30 of each year each member shall file the signed and notarized report required herein with the Secretary of State.
(d) The Secretary of State shall keep the reports on file for so long as the person submitting such report is a member of the Commission and for at least five years thereafter.
(e) The report filed pursuant to this section shall be maintained by the Secretary of State and made available at reasonable hours for (responsible) public inspection.
(f) For the purpose of this section:
(1) 'Constructively controlled' means an interest which may be deemed to be controlled by the person filing by virtue of any relationship to another party. Financial interests in the name of another should be regarded as controlled by the person reporting if enhancement of those interests would substantially benefit the person reporting. In determining the applicability of the $1,000 minimum with respect to any single source as referred to in paragraph 1 hereof, each member shall aggregate his or her interests with that of the individual whole interest is constructively controlled. Absent satisfactory documentary evidence to the contrary, the existence of which shall be noted on the reporting form, any jointly held and/or any interest of a spouse or minor child shall be deemed to be constructively controlled.
(2) 'Instrument of ownership; means, without limiting the generality of the foregoing, common or preferred stock, rights, warrants, articles of partnership, proprietary interests, deeds; dObt instruments such as notes, bonds, etc. if convertible to equity instruments.
(3) 'Position of management' means officer, director, partner, proprietor, etc.
(4) 'Fair market value (in excess of $1,000)' means if a marketed security, the quoted price as of December 31 with respect to the preceding calendar year, or the date of filing the declaration, if not a marketed security, the price at which the owner would have sold as of that date. With respect to the current calendar year, valuation shall be determined as of April 15.
(5) 'Income in the manner aforesaid' means income received from a single source in dividends, retainer, salary, consulting fees or other.
(6) 'Time or demand deposit' means checking and savings accounts in banks; deposits (or so-called 'shares') in savings and loan institutions, or credit unions, etc.
(7) 'Debt instrument' means bonds, notes, debentures, mortgages, or any other securities, having a fixed yield if not convertible to equity instruments.
(8) 'Professional organization' means medicine, law, accounting, engineering, etc. (any such organization construed as a business entity and reported under 1-(c) need not be reported again under 1-(d).
(9) 'Income for services rendered' means income from a single source exceeding $1,000, such as consulting fees, or professional services not reported in 1-(c).
§8708. Termination of Commission
At any time when the Commitsion ceases to receive funds from the Federal Government or any of its agencies, the Commission shall automatically be terminated and shall not again come-into existence except by an Act enacted by the General Assembly. "
Section 3. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, ...rid to that end the provisions of this Act are declared to be se.erable.
Approved July 12, 1978.