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Bill Number: 3816 Ratification Number: 704 Act Number 607 Introducing Body: House Subject: Relating to definitions in regard to criminal justice committees
(A607, R704, H3816)
AN ACT TO AMEND SECTION 23-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CRIMINAL JUSTICE COMMITTEES AND PROGRAMS, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 23-4-110, RELATING TO THE GOVERNOR'S COMMITTEE ON CRIMINAL JUSTICE, CRIME AND DELINQUENCY, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE AND THE APPOINTMENT PROCESS TO AND SUPPORT STAFF OF THE COMMITTEE; TO AMEND SECTION 23-4-120, RELATING TO THE DUTIES OF THIS COMMITTEE, SO AS TO REVISE THESE DUTIES; TO AMEND SECTION 23-4-130, RELATING TO THE REPORTS OF THIS COMMITTEE, SO AS TO REVISE ITS REPORTING REQUIREMENTS; AND TO AMEND SECTION 23-4-140, RELATING TO MEETINGS, QUORUMS, AND PROXIES OF THE COMMITTEE, SO AS TO REVISE HOW MEMBERS MAY BE REPRESENTED BY PROXY AT MEETINGS OF THE COMMITTEE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-4-20 of the 1976 Code is amended to read:
"Section 23-4-20. As used in this chapter:
(A) 'Committee' means the Governor's Committee on Criminal Justice, Crime and Delinquency.
(B) 'Advisory Council' means the Juvenile Justice Advisory Council.
(C) 'J.P.C.' means the Judicial Planning Committee.
(D) 'Office' means the Division of Public Safety Programs, Office of the Governor.
(E) 'Criminal justice system and agencies' shall encompass all state, local, and private nonprofit agencies and organizations involved in law enforcement including line police agencies, adult and juvenile corrections, adult and juvenile courts, prosecution and defense, as well as private eleemosynary organizations of professional or citizen membership involved in the system including organizations directly related to crime and delinquency prevention."
Committee membership revised
SECTION 2. Section 23-4-110 of the 1976 Code is amended to read:
"Section 23-4-110. There is created the Governor's Committee on Criminal Justice, Crime and Delinquency. The committee must be composed of persons named by the Governor from the State at large who are representative of agencies and organizations comprising the state's criminal justice system as defined by this chapter. In addition to the gubernatorially-appointed members, the following criminal justice agency heads are ex officio voting members:
(A) Commissioner, South Carolina Department of Corrections;
(B) Executive Director, South Carolina Department of Parole and Community Corrections;
(C) Chief, State Law Enforcement Division;
(D) State Attorney General;
(E) Commander, State Highway Patrol;
(F) Commissioner, South Carolina Department of Youth Services; (G) Director, South Carolina Office of Court Administration;
(H) Chief Justice, South Carolina Supreme Court;
(I) Chairman, House Judiciary Committee;
(J) Chairman, Senate Judiciary Committee;
(K) Director, South Carolina Commission on Alcohol and Drug Abuse;
(L) Executive Director, South Carolina Criminal Justice Academy;
(M) Chairman, Governor's Juvenile Justice Advisory Council.
The Governor shall appoint the at-large members who shall serve at his pleasure. The number of appointed at-large voting members on the committee shall not exceed twenty-eight. The Governor shall appoint the chairman of the committee. The Director of the Division of Public Safety Programs shall serve as the executive secretary of the committee but may not vote. Support staff for the committee must be provided by the Division of Public Safety Programs."
Committee functions revised
SECTION 3. Section 23-4-120 of the 1976 Code is amended to read:
"Section 23-4-120. The committee shall advise the Governor and the General Assembly on criminal justice policy matters and shall further serve as the supervisory board for the Juvenile Justice Advisory Council in accordance with the mandates of the Juvenile Justice and Delinquency Prevention Act of 1974."
Committee filing requirements revised
SECTION 4. Section 23-4-130 of the 1976 Code is amended to read:
"Section 23-4-130. The committee shall file with the Governor by December thirty-first of each year an annual report of its activities and progress, citing its recommendations for changes and legislative initiatives relating to the improvement of the criminal justice system in South Carolina. The Governor shall review the report and may adopt these recommendations and findings in presenting his annual legislative proposals to the General Assembly."
Quorum determinations and proxy voting
SECTION 5. Section 23-4-140 of the 1976 Code is amended to read:
"Section 23-4-140. The committee shall meet as soon as practical after appointment and at this meeting organize and adopt rules for governing its proceedings. The committee shall meet at those other times as may be designated by the chairman or the Governor. A majority of the members at any regular meeting or called meeting constitutes a quorum. Both appointed at-large members and ex officio members of the committee may be represented by proxy, but only ex officio proxies have voting rights and must be included in determining a quorum."
SECTION 6. This act takes effect upon approval by the Governor.