143B-1100. Governor's Crime Commission - creation; composition; terms; meetings, etc. [Effective until January 1, 2023]
(a) There is hereby created the Governor's Crime Commission of the Department of Public Safety. The Commission shall consist of 37 voting members and five nonvoting members. The composition of the Commission shall be as follows:
(1) The voting members shall be:
a. The Governor, the Chief Justice of the Supreme Court of North Carolina (or the Chief Justice's designee), the Attorney General, the Director of the Administrative Office of the Courts, the Secretary of the Department of Health and Human Services, the Secretary of Public Safety (or the Secretary's designee), and the Superintendent of Public Instruction;
b. A judge of superior court, a judge of district court specializing in juvenile matters, a chief district 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"), three police executives (one of whom shall be from a "high crime area"), eight citizens (two with knowledge of juvenile delinquency and the public school system, two of whom shall be under the age of 21 at the time of their appointment, one advocate for victims of all crimes, one representative from a domestic violence or sexual assault program, one representative of a "private juvenile delinquency program," and one in the discretion of the Governor), three county commissioners or county officials, and three mayors or municipal officials;
d. Four public members.
(2) The nonvoting members shall be the Director of the State Bureau of Investigation, the Deputy Chief of the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety who is responsible for Intervention/Prevention programs, the Deputy Chief of the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety who is responsible for Youth Development programs, the Section Chief of the Section of Prisons of the Division of Adult Correction and Juvenile Justice and the Section Chief of the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice.
(b) The membership of the Commission shall be selected as follows:
(1) The following members shall serve by virtue of their office: the Governor, the Chief Justice of the Supreme Court, the Attorney General, the Director of the Administrative Office of the Courts, the Secretary of the Department of Health and Human Services, the Secretary of Public Safety, the Director of the State Bureau of Investigation, the Section Chief of the Section of Prisons of the Division of Adult Correction and Juvenile Justice, the Section Chief of the Section of Community Corrections of the Division of Adult Correction and Juvenile Justice, the Deputy Chief who is responsible for Intervention/Prevention of the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, the Deputy Chief who is responsible for Youth Development of the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, and the Superintendent of Public Instruction. 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 the Chief Justice which list must contain no less than three nominees from the membership of the Supreme Court.
(2) The following members shall be appointed by the Governor: the district attorney, the defense attorney, the three sheriffs, the three police executives, the eight citizens, the three county commissioners or county officials, the three mayors or municipal officials.
(3) The following members shall be appointed by the Governor from a list submitted by the Chief Justice of the Supreme Court, which list shall contain no less than three nominees for each position and which list must be submitted within 30 days after the occurrence of any vacancy in the judicial membership: the judge of superior court, the clerk of superior court, the judge of district court specializing in juvenile matters, and the chief district court judge.
(4) Two public members provided by sub-subdivision (a)(1)d. of this section shall be appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives and two public members provided by sub-subdivision (a)(1)d. of this section shall be appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate.
(5) The Governor may serve as chairman, designating a vice-chairman to serve at his pleasure, or he may designate a chairman and vice-chairman both of whom shall serve at his pleasure.
(c) The initial members of the Commission shall be those appointed under subsection (b) above, which appointments shall be made by March 1, 1977. The terms of the present members of the Governor's Commission on Law and Order shall expire on February 28, 1977. Effective March 1, 1977, the Governor shall appoint members, other than those serving by virtue of their office, to serve staggered terms; seven shall be appointed for one-year terms, seven for two-year terms, and seven for three-year terms. At the end of their respective terms of office their successors shall be appointed for terms of three years and until their successors are appointed and qualified. The public members appointed pursuant to subdivision (4) of subsection (b) of this section shall serve two-year terms effective March 1, of each odd-numbered year. Any Commission member no longer serving in the office from which the member qualified for appointment shall be disqualified from serving on the Commission. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death, disability, or disqualification of a member shall be for the balance of the unexpired term.
(d) The Governor shall have the power to remove any member from the Commission for misfeasance, malfeasance or nonfeasance.
(e) The Commission shall meet quarterly and at other times at the call of the chairman or upon written request of at least eight of the members. A majority of the voting members shall constitute a quorum for the transaction of business.
(f) The Commission shall be treated as a board for purposes of Chapter 138A of the General Statutes. (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; 2010-169, s. 11; 2011-145, s. 19.1(g), (i)-(l), (x); 2012-83, s. 54; 2013-410, s. 13; 2015-9, s. 2.3(a), (b); 2015-264, s. 79(a), (b); 2017-6, s. 3; 2017-186, s. 2(kkkkkk); 2018-146, ss. 3.1(a), (b), 6.1.)
143B-1100. Governor's Crime Commission - creation; composition; terms; meetings, etc. [Effective January 1, 2023]
(a) There is hereby created the Governor's Crime Commission of the Department of Public Safety. The Commission shall consist of 38 voting members and five nonvoting members. The composition of the Commission shall be as follows:
(1) The voting members shall be:
a. The Governor, the Chief Justice of the Supreme Court of North Carolina (or the Chief Justice's designee), the Attorney General, the Director of the Administrative Office of the Courts, the Secretary of the Department of Health and Human Services, the Secretary of Public Safety (or the Secretary's designee), the Secretary of the Department of Adult Correction (or the Secretary's designee), and the Superintendent of Public Instruction;
b. A judge of superior court, a judge of district court specializing in juvenile matters, a chief district 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"), three police executives (one of whom shall be from a "high crime area"), eight citizens (two with knowledge of juvenile delinquency and the public school system, two of whom shall be under the age of 21 at the time of their appointment, one advocate for victims of all crimes, one representative from a domestic violence or sexual assault program, one representative of a "private juvenile delinquency program," and one in the discretion of the Governor), three county commissioners or county officials, and three mayors or municipal officials;
d. Four public members.
(2) The nonvoting members shall be the Director of the State Bureau of Investigation, the Deputy Director of the Division of Juvenile Justice of the Department of Public Safety who is responsible for Intervention/Prevention programs, the Deputy Director of the Division of Juvenile Justice of the Department of Public Safety who is responsible for Youth Development programs, the Director of the Division of Prisons of the Department of Adult Correction, and the Director of the Division of Community Supervision and Reentry of the Department of Adult Correction.
(b) The membership of the Commission shall be selected as follows:
(1) The following members shall serve by virtue of their office: the Governor, the Chief Justice of the Supreme Court, the Attorney General, the Director of the Administrative Office of the Courts, the Secretary of the Department of Health and Human Services, the Secretary of Public Safety, the Secretary of the Department of Adult Correction, the Director of the State Bureau of Investigation, the Director of the Division of Prisons of the Department of Adult Correction, the Director of the Division of Community Supervision and Reentry of the Department of Adult Correction, the Deputy Director who is responsible for Intervention/Prevention of the Juvenile Justice Division of the Department of Public Safety, the Deputy Director who is responsible for Youth Development of the Division of Juvenile Justice of the Department of Public Safety, and the Superintendent of Public Instruction. 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 the Chief Justice which list must contain no less than three nominees from the membership of the Supreme Court.
(2) The following members shall be appointed by the Governor: the district attorney, the defense attorney, the three sheriffs, the three police executives, the eight citizens, the three county commissioners or county officials, the three mayors or municipal officials.
(3) The following members shall be appointed by the Governor from a list submitted by the Chief Justice of the Supreme Court, which list shall contain no less than three nominees for each position and which list must be submitted within 30 days after the occurrence of any vacancy in the judicial membership: the judge of superior court, the clerk of superior court, the judge of district court specializing in juvenile matters, and the chief district court judge.
(4) Two public members provided by sub-subdivision (a)(1)d. of this section shall be appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives and two public members provided by sub-subdivision (a)(1)d. of this section shall be appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate.
(5) The Governor may serve as chairman, designating a vice-chairman to serve at his pleasure, or he may designate a chairman and vice-chairman both of whom shall serve at his pleasure.
(c) The initial members of the Commission shall be those appointed under subsection (b) above, which appointments shall be made by March 1, 1977. The terms of the present members of the Governor's Commission on Law and Order shall expire on February 28, 1977. Effective March 1, 1977, the Governor shall appoint members, other than those serving by virtue of their office, to serve staggered terms; seven shall be appointed for one-year terms, seven for two-year terms, and seven for three-year terms. At the end of their respective terms of office their successors shall be appointed for terms of three years and until their successors are appointed and qualified. The public members appointed pursuant to subdivision (4) of subsection (b) of this section shall serve two-year terms effective March 1, of each odd-numbered year. Any Commission member no longer serving in the office from which the member qualified for appointment shall be disqualified from serving on the Commission. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death, disability, or disqualification of a member shall be for the balance of the unexpired term.
(d) The Governor shall have the power to remove any member from the Commission for misfeasance, malfeasance or nonfeasance.
(e) The Commission shall meet quarterly and at other times at the call of the chairman or upon written request of at least eight of the members. A majority of the voting members shall constitute a quorum for the transaction of business.
(f) The Commission shall be treated as a board for purposes of Chapter 138A of the General Statutes. (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; 2010-169, s. 11; 2011-145, s. 19.1(g), (i)-(l), (x); 2012-83, s. 54; 2013-410, s. 13; 2015-9, s. 2.3(a), (b); 2015-264, s. 79(a), (b); 2017-6, s. 3; 2017-186, s. 2(kkkkkk); 2018-146, ss. 3.1(a), (b), 6.1; 2021-180, s. 19C.9(aaaa).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 143B - Executive Organization Act of 1973
Article 13 - Department of Public Safety.
§ 143B-601 - Powers and duties of the Department of Public Safety[Effective until January 1, 2023]
§ 143B-602 - Powers and duties of the Secretary of Public Safety.
§ 143B-602.1 - Annual report on trooper training reimbursement agreements.
§ 143B-602.2 - Annual report on grant funds received or preapproved for receipt.
§ 143B-603.1 - Continuously Operating Reference Station Fund.
§ 143B-604 - State Reentry Council Collaborative[Recodified effective January 1, 2023 see note]
§ 143B-707 - Reports to the General Assembly[Recodified effective January 1, 2023 see note]
§ 143B-707.4 - Annual report on safekeepers[Recodified effective January 1, 2023 see note]
§ 143B-707.5 - Medicaid services for inmates[Recodified effective January 1, 2023 see note]
§ 143B-708 - Community service program[Recodified effective January 1, 2023 see note]
§ 143B-709 - Security Staffing[Recodified effective January 1, 2023 see note]
§ 143B-721.1 - Parole eligibility reports[Recodified effective January 1, 2023 see note]
§ 143B-805 - Definitions[Effective until January 1, 2023]
§ 143B-807 - Authority to contract with other entities.
§ 143B-808 - Authority to assist private nonprofit foundations.
§ 143B-809 - Teen court programs[Effective until January 1, 2023]
§ 143B-810 - Youth Development Center annual report.
§ 143B-811 - Annual evaluation of intensive intervention services.
§ 143B-812 - Annual report on complaints against certain juveniles[Effective until January 1, 2023]
§ 143B-815 - Juvenile facilities[Effective until January 1, 2023]
§ 143B-817 - Compensation to juveniles in care[Effective until January 1, 2023]
§ 143B-818 - Visits and community activities[Effective until January 1, 2023]
§ 143B-819 - Regional detention services[Effective until January 1, 2023]
§ 143B-820 - State subsidy to county detention facilities[Effective until January 1, 2023]
§ 143B-821 - Authority for implementation[Effective until January 1, 2023]
§ 143B-822 - Juvenile facility monthly commitment report.
§ 143B-830 - Duties and powers of chief court counselors[Effective until January 1, 2023]
§ 143B-831 - Duties and powers of juvenile court counselors.
§ 143B-845 - Legislative intent.
§ 143B-846 - Creation; method of appointment; membership; chair and vice-chair.
§ 143B-847 - Terms of appointment.
§ 143B-848 - Vacancies; removal.
§ 143B-849 - Meetings; quorum.
§ 143B-850 - Compensation of members.
§ 143B-851 - Powers and duties[Effective until January 1, 2023]
§ 143B-852 - Department of Public Safety to report on Juvenile Crime Prevention Council grants.
§ 143B-853 - Funding for programs[Effective until January 1, 2023]
§ 143B-900 - Recodified as G.S143B-911 by Session Laws 2014-100, s17.1(i), effective July 1, 2014.
§ 143B-903 - Collection of traffic law enforcement statistics.
§ 143B-904 - Collection of statistics on the use of deadly force by law enforcement officers.
§ 143B-905 - Criminal Information Network.
§ 143B-906 - Criminal statistics.
§ 143B-907 - Public law enforcement database regulation.
§ 143B-911 - Creation of State Capitol Police Division; powers and duties.
§ 143B-915 - Bureau of Investigation created; powers and duties.
§ 143B-918 - Transfer of personnel.
§ 143B-921 - Use of private investigators limited.
§ 143B-922 - Investigations of child sexual abuse in child care.
§ 143B-923 - Cooperation of local enforcement officers.
§ 143B-925 - Study and report on use of pseudoephedrine products to make methamphetamine.
§ 143B-927 - Personnel of the State Bureau of Investigation.
§ 143B-929 - Operation and management of Information Sharing and Analysis Center.
§ 143B-930 - Criminal history background investigations; fees.
§ 143B-931 - Criminal record checks of school personnel.
§ 143B-933 - Criminal record checks for foster care.
§ 143B-934 - Criminal record checks of child care providers.
§ 143B-938 - Criminal record checks of McGruff House Program volunteers.
§ 143B-942 - Criminal record checks of applicants for licensure as massage and bodywork therapists.
§ 143B-945 - Criminal record checks for municipalities and county governments.
§ 143B-946 - Criminal record checks of applicants for locksmith licensure or apprentice designation.
§ 143B-949 - Criminal record checks of applicants for licensure and licensees.
§ 143B-950 - Criminal record checks for the Judicial Department.
§ 143B-951 - Criminal record checks for the Department of Information Technology.
§ 143B-952 - Criminal record checks of EMS personnel.
§ 143B-953 - Criminal record checks of applicants for licensure as chiropractic physicians.
§ 143B-959 - Criminal record checks of petitioners for restoration of firearms rights.
§ 143B-965 - Criminal record checks of applicants and recipients of programs of public assistance.
§ 143B-966 - Criminal record checks for the Office of State Controller.
§ 143B-967 - Criminal record checks for the Department of Revenue.
§ 143B-968 - Criminal record checks for the Office of State Human Resources.
§ 143B-970 - Criminal record checks for employees of county boards of elections.
§ 143B-972 - National criminal record checks for child care institutions.
§ 143B-973 - Criminal record checks for the Legislative Services Commission.
§ 143B-974 - Criminal record checks for sheriffs.
§ 143B-976 - (Effective July 1, 2023) Criminal record check for platform licensees.
§ 143B-981 - The National Crime Prevention and Privacy Compact.
§ 143B-986 - Authority to provide protection to certain public officials.
§ 143B-987 - Authority to designate areas for protection of public officials.
§ 143B-990 - Creation of Alcohol Law Enforcement Division of the Department of Public Safety.
§ 143B-1000 - Division of Emergency Management of the Department of Public Safety.
§ 143B-1010 - North Carolina Center for Missing Persons established.
§ 143B-1012 - Control of the Center.
§ 143B-1013 - Secretary to adopt rules.
§ 143B-1014 - Submission of missing person reports to the Center.
§ 143B-1015 - Dissemination of missing persons data by law-enforcement agencies.
§ 143B-1016 - Responsibilities of Center.
§ 143B-1018 - Release of information by Center.
§ 143B-1020 - Improper release of information; penalty.
§ 143B-1021 - North Carolina AMBER Alert System established.
§ 143B-1022 - North Carolina Silver Alert System established.
§ 143B-1023 - North Carolina Blue Alert System established.
§ 143B-1030 - Civil Air Patrol Section - powers and duties.
§ 143B-1031 - Personnel and benefits.
§ 143B-1032 - State liability.
§ 143B-1040 - Office of Recovery and Resiliency.
§ 143B-1041 - Interagency coordination.
§ 143B-1101 - Governor's Crime Commission powers and duties.
§ 143B-1103 - Additional duties of the Grants Management Section.
§ 143B-1104 - Recodified as G.S143B-853 by Session Laws 2020-83, s5, effective July 1, 2020.
§ 143B-1105 - Grants reporting.
§ 143B-1150 - Short title[Recodified effective January 1, 2023 see note]
§ 143B-1151 - Legislative policy[Recodified effective January 1, 2023 see note]
§ 143B-1152 - Definitions[Recodified effective January 1, 2023 see note]
§ 143B-1154 - Eligible population[Recodified effective January 1, 2023 see note]
§ 143B-1156 - Contract for services[Recodified effective January 1, 2023 see note]
§ 143B-1161 - Justice Reinvestment Council[Recodified effective January 1, 2023 see note]
§ 143B-1200 - Assistance Program for Victims of Rape and Sex Offenses.
§ 143B-1201 - Restitution; actions.
§ 143B-1203 - Transfer; definitions.
§ 143B-1205 - Compensation and expenses of Board members; travel reimbursements.