.040 Criminal Justice Council -- Duties -- Members -- Meetings -- Executive director.
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15A.040 Criminal Justice Council -- Duties -- Members -- Meetings -- Executive
director.
(1)
The Criminal Justice Council shall advise and recommend to the Governor and the
General Assembly policies and direction for long-range planning regarding all
elements of the criminal justice system. The council shall review and make written
recommendations on subjects including but not limited to administration of the
criminal justice system, the rights of crime victims, sentencing issues, capital
litigation, a comprehensive strategy to address gangs and gang problems, and the
Penal Code. Recommendations for these and all other issues shall be submitted to
the Governor and the Legislative Research Commission at least six (6) months prior
to every regular session of the Kentucky General Assembly. The council shall:
(a) Make recommendations to the justice secretary with respect to the award of
state and federal grants and ensure that the grants are consistent with the
priorities adopted by the Governor, the General Assembly, and the council;
(b) Conduct comprehensive planning to promote the maximum benefits of grants;
(c) Develop model criminal justice programs;
(d) Disseminate information on criminal justice issues and crime trends;
(e) Work with community leaders to assess the influence of gangs and the
problems that gangs cause for local communities, assist local communities in
mobilizing community resources to address their problems, sponsor
multidisciplinary training to help communities focus on proven strategies to
address gang problems, and conduct an ongoing assessment of gang problems
in local communities;
(f) Recommend any modifications of law necessary to insure that the laws
adequately address problems identified in local communities relating to gangs;
(g) Provide technical assistance to all criminal justice agencies;
(h) Review and evaluate proposed legislation affecting criminal justice; and
(i) All reports and proposed legislation shall be presented to the Interim Joint
Committee on Judiciary not later than July 1 of the year prior to the beginning
of each regular session of the General Assembly.
(2)
Membership of the Criminal Justice Council shall consist of the following:
(a) The secretary of the Justice Cabinet or his designee;
(b) The director of the Administrative Office of the Courts or his designee;
(c) The Attorney General or his designee;
(d) Two (2) members of the House of Representatives as designated by the
Speaker of the House;
(e) Two (2) members of the Senate as designated by the President of the Senate;
(f) A crime victim, as defined in KRS Chapter 346, to be selected and appointed
by the Governor;
(g) A victim advocate, as defined in KRS 421.570, to be selected and appointed
by the Governor;
(h)
A Kentucky college or university professor specializing in criminology,
corrections, or a similar discipline to be selected and appointed by the
Governor;
(i) The public advocate or his designee;
(j) The president of the Kentucky Sheriffs' Association;
(k) The commissioner of state police or his designee;
(l) A person selected by the Kentucky State Lodge of the Fraternal Order of
Police;
(m) The president of the Kentucky Association of Chiefs of Police;
(n) A member of the Prosecutors Advisory Council as chosen by the council;
(o) The Chief Justice or a justice or judge designated by him;
(p) One (1) member of the Kentucky Association of Criminal Defense Lawyers,
appointed by the president of the organization;
(q) One (1) member of the Kentucky Jailers' Association appointed by the
president of the organization;
(r) One (1) member of the Circuit Clerks' Association;
(s) Three (3) criminal law professors, one each from the University of Kentucky
College of Law, the Louis D. Brandeis School of Law at the University of
Louisville, and the Salmon P. Chase College of Law at Northern Kentucky
University, to be selected and appointed by the Governor;
(t) One (1) District Judge, designated by the Chief Justice;
(u) One (1) Circuit Judge, designated by the Chief Justice;
(v) One (1) Court of Appeals Judge, designated by the Chief Justice;
(w) One (1) representative from an organization dedicated to restorative principles
of justice involving victims, the community, and offenders;
(x) One (1) individual with a demonstrated commitment to youth advocacy, to be
selected and appointed by the Governor;
(y) The commissioner of the Department of Juvenile Justice or his designee;
(z) The commissioner of the Department of Corrections, or his designee;
(aa) The commissioner of the Department of Criminal Justice Training or his
designee; and
(ab) The executive director of the Commonwealth Office of Technology.
(3)
The secretary of justice shall serve ex officio as chairman of the council. Each
member of the council shall have one (1) vote. Members of the council shall serve
without compensation but shall be reimbursed for their expenses actually and
necessarily incurred in the performance of their duties.
(4)
The council shall meet at least once every three (3) months.
(5)
The council may hold additional meetings:
(a) On the call of the chairman;
(b) At the request of the Governor to the chairman; or
(c)
At the written request of the members to the chairman, signed by a majority of
the members.
(6)
Two-thirds (2/3) members of the council shall constitute a quorum for the conduct
of business at a meeting.
(7)
Failure of any member to attend two (2) meetings within a six (6) month period
shall be deemed a resignation from the council and a new member shall be named
by the appointing authority.
(8)
The council is authorized to establish committees and appoint additional persons
who may not be members of the council as necessary to effectuate its purposes,
including but not limited to:
(a) Uniform Criminal Justice Information System committee;
(b) Committee on sentencing; and
(c) Penal Code committee.
(9)
The council's administrative functions shall be performed by a full-time executive
director, who shall also serve as the executive director of the office of the Criminal
Justice Council, appointed by the secretary of the Justice Cabinet and supported by
the administrative, clerical, and other staff as allowed by budgetary limitations and
as needed to fulfill the council's role and mission and to coordinate its activities.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 40, effective June 20, 2005. -- Amended
2000 Ky. Acts ch. 218, sec. 3, effective July 14, 2000; ch. 220, sec. 1, effective July
14, 2000; and ch. 534, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts
ch. 606, sec. 27, effective July 15, 1998. -- Created 1974 Ky. Acts ch. 74, Art. V,
sec. 5.