2020 Georgia Code
Title 35 - Law Enforcement Officers and Agencies
Chapter 6A - Criminal Justice Coordinating Council
§ 35-6A-3. Membership; Vacancies; Membership Not Bar to Holding Public Office

1. The Criminal Justice Coordinating Council shall consist of 27 members and shall be composed as follows:
   1. The chairperson of the Georgia Peace Officer Standards and Training Council, the director of homeland security, the chairperson of the Judicial Council of Georgia, the chairperson of the Council of Accountability Court Judges of Georgia, the chairperson of the Prosecuting Attorneys' Council of the State of Georgia, the commissioner of corrections, the chairperson of the Board of Corrections, the commissioner of community supervision, the chairperson of the Board of Community Supervision, the vice chairperson of the Board of Public Safety, the chairperson of the State Board of Pardons and Paroles, the State School Superintendent, the commissioner of community affairs, the president of the Council of Juvenile Court Judges, the chairperson of the Georgia Public Defender Council, the chairperson of the Governor's Office for Children and Families, and the commissioner of juvenile justice or their designees shall be ex officio members of the council, as full voting members of the council by reason of their office; and
   2. Ten members shall be appointed by the Governor for terms of four years, their initial appointments, however, being four for four-year terms, two for three-year terms, and four for two-year terms. Appointments shall be made so that there are always on the council the following persons: one county sheriff, one chief of police, one mayor, one county commissioner, one superior court judge, four individuals who shall be, by virtue of their training or experience, knowledgeable in the operations of the criminal justice system of this state, and one individual who shall be, by virtue of his or her training and experience, knowledgeable in the operations of the entire spectrum of crime victim assistance programs delivering services to victims of crime. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment.
2. In the event of death, resignation, disqualification, or removal for any reason of any member of the council, vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term.
3. The initial terms for all 19 original members shall begin July 1, 1981. The initial term for the member added in 1985 shall begin July 1, 1985. The initial term for the member added in 1988 shall begin July 1, 1988. The initial term for the member added in 1989 shall begin July 1, 1989. The State School Superintendent shall be a member effective on July 1, 1989. The chairperson of the Georgia Public Defender Council shall become a member on December 31, 2003. The chairperson of the Council of Accountability Court Judges of Georgia shall become a member on July 1, 2015.
4. Membership on the council does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership.

(Ga. L. 1981, p. 1306, § 3; Ga. L. 1983, p. 518, § 1; Ga. L. 1984, p. 22, § 35; Ga. L. 1985, p. 283, § 1; Ga. L. 1985, p. 544, § 5; Ga. L. 1988, p. 242, § 1; Ga. L. 1989, p. 288, § 1; Ga. L. 1989, p. 1245, § 1; Ga. L. 1990, p. 8, § 35; Ga. L. 1991, p. 435, § 1; Ga. L. 1992, p. 1983, § 35; Ga. L. 1997, p. 417, § 1; Ga. L. 1997, p. 1453, § 1; Ga. L. 1998, p. 128, § 35; Ga. L. 2003, p. 191, § 8; Ga. L. 2004, p. 988, § 1; Ga. L. 2008, p. 568, § 11/HB 1054; Ga. L. 2015, p. 422, § 5-55/HB 310; Ga. L. 2015, p. 519, § 8-8/HB 328; Ga. L. 2018, p. 1112, § 35/SB 365.)

The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, substituted "27 members" for "25 members" in subsection (a).

- Pursuant to Code Section 28-9-5, in 1997, in paragraph (a)(1), "juvenile justice" was substituted for "the Department of Juvenile Justice " and "and" was added at the end.

Pursuant to Code Section 28-9-3, in 2015, the amendment of the introductory language of subsection (a) of this Code section by Ga. L. 2015, p. 422, § 5-55/HB 310, was treated as impliedly repealed and superseded by Ga. L. 2015, p. 519, § 8-8/HB 328, due to irreconcilable conflict.

- Ga. L. 2008, p. 568, § 1/HB 1054, not codified by the General Assembly, provides: "This Act may be cited as the 'Children and Family Services Strengthening Act of 2008.' "

Ga. L. 2008, p. 568, § 2/HB 1054, not codified by the General Assembly, provides: "The General Assembly finds that well-intentioned efforts over the years have resulted in the creation of several agencies focused on preventing child abuse and juvenile delinquency, on serving at-risk families and troubled youth, and on promoting the improvement of our state's child welfare system. The General Assembly further finds that the work of some of these agencies overlaps, and that the at-risk families and troubled children of Georgia will be more efficiently and effectively served by consolidating the Children and Youth Coordinating Council with the Children's Trust Fund Commission, by placing the functions of the Georgia Child Fatality Review Panel under the supervision of the Child Advocate for the Protection of Children, and by encouraging these consolidated agencies to collaborate to create a consistent vision for serving the needs of our state's families in need."

Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015). For note on 1991 amendment of this Code section, see 8 Ga. St. U. L. Rev. 21 (1992). For note on the 2003 amendment to this Code section, see 20 Ga. St. U. L. Rev. 105 (2003).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, §§ 31, 32.

- 73 C.J.S., Public Administrative Law and Procedure, § 70.