A BILL TO BE ENTITLED
AN ACT to establish the north carolina study commission on juvenile justice; to repeal the state advisory council on juvenile justice and delinquency prevention; and to make conforming changes to the general statutes.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 120 of the General Statutes is amended by adding a new Article to read:
"Article 32.
"The North Carolina Study Commission on Juvenile Justice.
"§ 120‑280.  Creation and purpose of the North Carolina Study Commission on Juvenile Justice.
There is established the North Carolina Study Commission on Juvenile Justice to  study and evaluate the existing system of juvenile justice and to recommend an improved system to protect the public and meet the needs of undisciplined and delinquent juveniles. This study shall be a continuing one and the evaluation ongoing. 
"§ 120‑281.  Commission duties.
The North Carolina Study Commission on Juvenile Justice shall:
(1)	Study the needs of juveniles who have been adjudicated undisciplined or delinquent or who are at risk of becoming undisciplined or delinquent.
(2)	Evaluate State and local programs that provide prevention and rehabilitation services to juveniles who have been adjudicated undisciplined or delinquent or who are at risk of becoming undisciplined or delinquent.
(3)	Review the diversion programs within the Department of Juvenile Justice and Delinquency Prevention.
(4)	Evaluate and recommend changes to the education system within the juvenile facilities.
(5)	Collect data on, and develop a comprehensive database relating to, juveniles who have been adjudicated delinquent or undisciplined or who are at risk of becoming delinquent or undisciplined, which may be used to facilitate both short‑ and long‑range planning for services for those juveniles, including for the delivery of services.
(6)	Review the use of funds awarded as grants by the State and local Juvenile Crime Prevention Councils.
(7)	Collect data on and measure the proportion of African‑Americans and other racial and ethnic minorities in the juvenile justice system, including the racial and ethnic minorities who are adjudicated delinquent and placed in the custody of the Department of Juvenile Justice and Delinquency Prevention. If the Commission finds that there is a disproportionate participation of African‑Americans or other racial or ethnic minorities in the juvenile justice system, the Commission shall study, evaluate, and recommend actions to eliminate the disproportionate participation of those minorities in the juvenile justice system. The Commission shall also track corrective actions or measures adopted pursuant to recommendation of the Commission.
(8)	Study, evaluate, and recommend changes to the North Carolina General Statutes relating to juvenile justice.
(9)	Study, evaluate, and recommend action regarding reports received by the Commission.
(10)	Study, evaluate, and recommend any changes proposed for future development of the juvenile justice system of the State.
"§ 120‑282.  Commission membership; terms; vacancies.
The North Carolina Study Commission on Juvenile Justice shall consist of 17 members as follows:
(1)	The Secretary of the Department of Juvenile Justice and Delinquency Prevention or that person's designee shall serve ex officio as a nonvoting member.
(2)	Eight members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate as follows:
a.	Four persons who are members of the Senate at the time of their appointment.
b.	One chief juvenile court counselor.
c.	One juvenile defense attorney.
d.	One person who is a member of a Juvenile Crime Prevention Council.
e.	One youth counselor employed by the Department of Juvenile Justice and Delinquency Prevention at a youth development center.
(3)	Eight members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives as follows:
a.	Four persons who are members of the House of Representatives at the time of their appointment.
b.	One substance abuse professional with experience working with juveniles.
c.	One district attorney or assistant district attorney with experience in juvenile court.
d.	One district court judge.
e.	One member of a local law enforcement agency.
Any vacancy shall be filled by the appointing authority that made the initial appointment. The appointing authority shall fill the vacancy by appointing a person having the same qualifications. All initial appointments shall be made within one calendar month from the effective date of this Article. Members' terms shall last for two years. Members may be reappointed for two consecutive terms and may be appointed again after having been off the Commission for two years. Members appointed as members of the House of Representatives or the Senate may serve a full term of two years from the date of the appointment regardless of their status as members of the General Assembly; however, they may not be reappointed unless they are still members of the General Assembly at the time of the reappointment.
"§ 120‑283.  Commission meetings.
The Commission shall have its initial meeting no later than January 31, 2008, at the call of the President Pro Tempore of the Senate and the Speaker of the House of Representatives. The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall appoint a cochair each from the membership of the Commission. The Commission shall meet at least once a quarter and may meet at other times upon the call of the cochairs. A majority of the members of the Commission shall constitute a quorum for the transaction of business. The affirmative vote of a majority of the members present at meetings of the Commission shall be necessary for action to be taken by the Commission.
"§ 120‑284.  Member reimbursement.
The Commission members shall receive no salary as a result of serving on the Commission but shall receive necessary subsistence and travel expenses in accordance with the provisions of G.S. 120‑3.1, 138‑5, and 138‑6, as applicable.
"§ 120‑285.  Public hearings.
The Commission may hold public meetings across the State to solicit public input with respect to issues related to juvenile justice in North Carolina.
"§ 120‑286.  Assistance from other agencies.
The Commission may obtain information and data from all State officers, agents, agencies, and departments, while in the discharge of its duties, pursuant to the provisions of G.S. 120‑19, as if it were a committee of the General Assembly. The Commission may also call witnesses, compel testimony relevant to any matter properly before the Commission, and subpoena records and documents, provided that any patient record shall have patient identifying information removed. The provisions of G.S. 120‑19.1 through G.S. 120‑19.4 shall apply to the proceedings of the Commission as if it were a joint committee of the General Assembly. In addition to the other signatures required for the issuance of a subpoena under this section, the subpoena shall also be signed by the cochairs of the Commission. Any cost of providing information to the Commission not covered by G.S. 120‑19.3 may be reimbursed by the Commission from funds appropriated to it for its continuing study."§ 120‑287.  Commission subcommittees.
The Commission cochairs may establish subcommittees for the purpose of making special studies pursuant to the Commission's duties and may appoint members who are not members of the Commission to serve on each subcommittee as resource persons. Resource persons shall be voting members of the subcommittee and shall receive subsistence and travel expenses in accordance with G.S. 138‑5 and G.S. 138‑6, as applicable.
"§ 120‑288.  Commission reports.
The Commission shall report to the General Assembly and the Governor the results of its study and recommendations. A written report shall be submitted to each biennial session of the General Assembly at its convening.
"§ 120‑289.  Commission staff and meeting place.
The Commission may contract for clerical or professional staff or for any other services it may require in the course of its ongoing study. At the request of the Commission, the Legislative Services Commission may supply members of the staff of the Legislative Services Office and clerical assistance to the Commission as the Legislative Services Commission considers appropriate.
The Commission may, with the approval of the Legislative Services Commission, meet in the State Legislative Building or the Legislative Office Building."
SECTION 2.  G.S. 120‑70.94 reads as rewritten:
"§ 120‑70.94.  Purpose and powers of Committee.
(a)	The Joint Legislative Corrections and Crime Control Oversight Committee shall examine, on a continuing basis, the  correctional and law enforcement systems in North Carolina, in order to make ongoing recommendations to the General Assembly on ways to improve those systems and to assist those systems in realizing their objectives of protecting the public and of punishing and rehabilitating offenders. In this examination, the Committee shall:
(1)	Study the budget, programs, and policies of the Departments of  Correction and Crime Control and Public Safety to determine ways in which the General Assembly may improve the effectiveness of those Departments;
(2)	Examine the effectiveness of the Department of Correction in implementing the public policy stated in G.S. 148‑26 of providing work assignments and employment for inmates as a means of reducing the cost of maintaining the inmate population while enabling inmates to acquire or retain skills and work habits needed to secure honest employment after their release;
(2a)	Examine the effectiveness of the Department of Crime Control and Public Safety in implementing the duties and responsibilities charged to the Department in G.S. 143B‑474 and the overall effectiveness and efficiency of law enforcement in the State; and
	
(3)	Study any other matters that the Committee considers necessary.
(b)	The Committee may make interim reports to the General Assembly on matters for which it may report to a regular session of the General Assembly. A report to the General Assembly may contain any legislation needed to implement a recommendation of the Committee."
SECTION 3.  The Revisor of Statutes shall substitute the term "Joint Legislative Corrections and Crime Control Oversight Committee" for the term "Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee" everywhere that term appears in the General Statutes, except for the section of the General Statutes amended in this act.
SECTION 4.  Part 7 of Article 12 of Chapter 143B of the General Statutes, G.S. 143B‑556 and G.S. 143B‑557, is repealed.  G.S. 143B‑515(20) is repealed.
SECTION 5.  G.S. 143B‑516(f) reads as rewritten:
"(f)	The Department shall develop a cost‑benefit model for each State‑funded program. Program commitment and recidivism rates shall be components of the model. "
SECTION 6.  This act is effective when it becomes law.