SPONSOR:	Sen. Marshall & Rep. Oberle;
	Sens. Bonini, Copeland, Peterson, Sokola; Reps. Hudson, Mulrooney, Valihura, Viola

DELAWARE STATE SENATE

143rd GENERAL ASSEMBLY

SENATE BILL NO. 182

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE CRIMINAL JUSTICE COUNCIL.

Section 1. Amend Chapter 87, Title 11 of the Delaware Code, by inserting therein a new section as follows:

“§ 8700. Mission statement.

The Delaware Criminal Justice Council is an independent body committed to leading the criminal justice system through a collaborative approach that calls upon the experience and creativity of the Council, all components of the system, and the community. The Council shall continually strive for an effective system that is fair, efficient, and accountable.”

Section 2. Amend § 8707, Title 11 of the Delaware Code, by striking the period (“.”) as it appears at the end of the heading thereof and by substituting in lieu thereof the phrase “; quarterly reports.”

Section 3. Amend § 8707, Title 11 of the Delaware Code, by re-designating the existing language thereof as subsection (a) and by inserting therein a new subsection as follows:

“(b) The Council shall compile a record of all funding distributions made by the Council during each fiscal quarter into a quarterly report which shall be made available to the General Assembly at the close of the quarter.”

Section 4. Amend § 8701(b), Title 11 of the Delaware Code, by inserting the phrase “, or his or her designee” immediately before the semi-colon (“;”) at the end of paragraphs (1) through (19), (21), and (22) thereof.

Section 5. Amend § 8701(b), Title 11 of the Delaware Code, by striking the number “26” as it appears in the introductory language thereof and by substituting in lieu thereof the number “27”.

Section 6. Amend § 8701(b), Title 11 of the Delaware Code, by re-designating paragraphs (21) and (22) thereof as paragraphs (22) and (23) respectively, and by inserting therein a new paragraph (21) to read as follows:

“(21) The Secretary of the Department of Technology and Information, or his or her designee;”.

Section 7. Amend § 8701(b)(20), Title 11 of the Delaware Code, by inserting the phrase “for a term of 5 years each” immediately before the semi-colon (“;”) at the end thereof.

Section 8. The appointments of public members to the Criminal Justice Council shall be staggered so that the seat of no more than one public member is subject to reappointment in any given year.

SYNOPSIS

This Act implements the recommendations for statutory changes adopted by the Joint Sunset Committee following its review of the Criminal Justice Council. Pursuant to those recommendations, this Act:

1. Provides a Mission Statement for the Council that establishes a statutory purpose;

2. Requires the Council to provide the General Assembly with quarterly reports concerning the distribution of all funds during the quarter;

3. Adds the Secretary of the Department of Technology and Information or his/her designee as a statutory member of the Council;

4. Provide term limits for the public members of the Council (5 year staggered terms); and

5. Adds the term “or his/her designee” after each named statutory members of the Council.

Author: Senator Marshall