CHAPTER 407

FORMERLY

HOUSE BILL NO. 237

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLES 10 AND 11 OF THE DELAWARE CODE, MERGING THE COUNCIL ON THE ADMINISTRATION OF JUSTICE AND THE DELAWARE CRIMINAL JUSTICE PLANNING COMMISSION INTO A CRIMINAL JUSTICE COUNCIL.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 20, Part I, Title 10 of the Delaware Code by striking said Chapter in its entirety.

Section 2. Amend Chapter 87, Part V, Title 11 of the Delaware Code by striking said Chapter in its entirety and substituting in lieu thereof the following:

"CHAPTER 87. CRIMINAL JUSTICE COUNCIL

§8701. Creation. ComPosition,_and Compensation of Criminal Justice Council.

(a) There is hereby created the Crimial Justice Council.

(b) The Council shall consist of 19 members as follows:

(1) The Chief Justice of the Supreme Court;

The President Judge of Superior Court;

The Chief Judge of Family Court;

The Chief Magistrate of the Justice of the Peace Courts;

The Attorney General;

The Public Defender;

The Commissioner of the Department of Correction;

The Chief of the Bureau of Adult Correction of the Department of Correction;

The Director of the Division of Youth Rehabilitation;

The Chairman of the Board of Parole;

The Superintendent of the State Police;

The Chief of the New Castle County Police Department;

The Chief of the Wilmington Police Department;

The Chairman of the Delaware Police Chiefs Council;

The Superintendent of Public Instruction; and

Four at-large members who shall serve at the pleasure of the Governor.

(c) 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 derive their membership.

(d) Commission members shall serve without salary, but shall be entitled to reimbursement from travel and other necessary expenses incurred in the performance of official duties.

§8702. Meetings. Quorum. Committees, and Procedures.

The Council shall meet at least eight times per year. At least one meeting each calendar year shall be held in each county. Ten members shall constitute a quorum.

The Council may establish committees as it deems advisable, but only the Council itself may set policy or take other official action.

(c) The Council may promulgate rules of procedure governing its operations, provided that they are in accordance with Chapters 100 and 101 of Title 29, and provided that no rule shall permit proxy voting at more than two meetings per calendar year.

§8703. Officers and Duties.

In December of each year, the Council shall elect a chairperson and a vice-chairperson who shall serve terms of office coinciding with the following calendar year. Officers may be re-elected.

If the chairperson resigns or ceases to be a member of the Council, the vice-chairperson shall become the chairperson and there shall be an election to fill the unexpired term of the vice-chairperson at the next Council meeting.

if the vice-chairperson resigns or ceases to be a member of the Council, there shall be an election to fill the unexpired term of the vice-chairperson at the next Council meeting.

It shall be the duty of the chairperson to convene and preside over meetings of the Council and prepare an agenda for meetings, except for the initial meeting of the Council. which shall be convened and presided over by the Chief Justice of the Supreme Court.

It shall be the duty of the vice-chairperson to act as chairperson in the absence of the chairperson.

§8704. Powers and Duties of the Council.

The Council shall:

Continously study the administration of Justice in this State and develop and implement policies and programs for improving the effectiveness of the criminal Justice system in this State:

Receive, consider, and, at its discretion. Investigate criticisms and suggestions pertaining to the administration of Justice in the State;

Submit to the General Assembly each January a program of recommended legislation to improve the criminal Justice system;

Recommend to the Governor and criminal Justice agencies and courts of the State or political subdivision thereof, either upon request or upon the Council's own motion such changes in rules, organization, or methods of operation as it may deem advisable.

Review any application for federal funds by any criminal Justice agency or court of the State or political subdivision thereof prior to the submission of said application or request to the Delaware State Clearinghouse Committee, and provide the Clearinghouse Committee with any comments the Council deems appropriate.

Allocate among the criminal Justice agencies and courts of the State or political subdivision thereof all federal funds for the improvement of the State criminal Justice system if such funds are provided by the federal government in the form of a block or categorical grant:

Have the authority to collect from any state or local governmental entity information. reports, statistics, or other such material which is necessary to carry out the Council's function;

Provide training and technical assistance to criminal Justice agencies; and

Perform such other duties as may be necessary to carry out the provisions of this Chapter. §8705. Duty of Officials to Furnish Information.

It shall be the duty of all officials of the State or any political subdivision thereof to furnish any information and compile any report which may be requested by the Council.

§8706. Duty of Criminal Justice ARencies and Courts to Provide Assistance.

It shall be the duty of all criminal Justice agencies and courts of the State or any political subdivision thereof to provide such staff or other assistance as may reasonably be requested by the Council to carry out its functions under this Chapter.

§8707. Annual Report.

The Council shall compile the recommendations made pursuant to §8704 (4) of this Chapter and such other Information as It deems appropriate into an Annual Report, which shall be made available to the Governor, the criminal Justice agencies and courts of the State and political subdivisions thereof, and upon request to members of the General Assembly and the public. §8708. Public Hearings.

The Council shall hold public hearings annually in each county for the purpose of carrying out its duties under §8704 (1), (2), and (4) of this Chapter.

§8709. Executive Director and Staff.

The Executive Director of the Criminal Justice Council shall be appointed by and serve at the pleasure of a majority of the members of the Council. The Executive Director shall act as secretary to the Council. The Executive Director shall be paid such compensation as shall be determined by the General Assembly. The Executive Director may employ such personnel as are necessary to carry out the functions of this Chapter, subject to the approval of the Council and within the limits of any appropriation made by the General Assembly."

Section 3. On the effective date of this Act, any budgetary appropriation made to the Delaware Criminal Justice Planning Commission shall be deemed transferred to the Criminal Justice Council.

Section 4. Notwithstanding any provision of Section 1 of this Act, on the effective date of this Act, the Executive Director of the Delaware Criminal Justice Planning Commission shall become the Executive Director of the Criminal Justice Council and shall serve at the pleasure of the Governor until the resignation of the Executive Director or January 15, 1985, whichever is earlier.

Section 5. This Act shall become effective on January 1, 1985.

Approved July 20, 1984.