Senate Bill No. 436
(By Senators Kessler, Oliverio, Foster, Green, Hunter, Jenkins,
Stollings, Wells, White, Barnes, Caruth, Deem, Hall and Yoder)
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[Originating in the Committee on the Judiciary;
reported February 1, 2007.]
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A BILL to amend and reenact §7-1-3r of the Code of West Virginia,
1931, as amended, relating to selection of executive secretary
to county commission on crime, delinquency and correction; and
removing circuit clerk from that position.
Be it enacted by the Legislature of West Virginia:
That §7-1-3r of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3r. Purposes of section; county commissions on crime,
delinquency and correction created and established;
composition of commission; powers and duties of
commission; executive secretary; duties of executive
secretary.
(a) The enactment of the Omnibus Crime Control and Safe City
Streets Act of 1968 and subsequent amendments thereto with millions
of federal dollars available to local units of government in the
fiscal year one thousand nine hundred seventy-two--one thousand
nine hundred seventy-three, and the probability that this program
will be continued and expanded in future years makes the establishment of a county agency to ensure that the county may make
the best use of the benefits of this act.
(b) There is hereby established in each county a county
commission on crime, delinquency and correction. The commission
shall consist of the members of the county
court commission and
such other members as may be designated by the county
court
commission. Members other than the county
court commission members
shall serve at the will and pleasure of the county
court
commission.
(c) This commission shall collect and compile all data and
other information with respect to police agencies, courts of record
and justice of peace courts, prosecution of crimes, probation,
jails, juvenile detention facilities and such other matters as
might be concerned with the total criminal justice system.
(d) The commission shall work closely with the Governor's
Committee on Crime, Delinquency and Correction established by
Executive Order 7-A66 dated the first day of September, one
thousand nine hundred sixty-six.
(e) The commission shall analyze the data and information
herein required, shall determine federal funds available under the
provisions of the state plan developed by the aforesaid Governor's
Committee on Crime, Delinquency and Correction and shall make
recommendations to the governing body with respect to priorities in
the expenditure of funds.
(f) The commission may make recommendations with respect to
steps to be taken in the county designed to improve the criminal
justice system.
(g) The
clerk of the circuit court of each county commission shall
select one of its members to be the executive secretary to
the commission and as such shall
attend all meetings, keep a record
of all proceedings, shall collect and compile
such data and
information as may be required by the commission and perform
such
other duties as reasonably may be required by the commission to
effectuate the purposes of this section.
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(NOTE: The purpose of this bill is to allow the county
commission on crime, delinquency and correction to select one of
its members as secretary rather than require the circuit clerk to
act as secretary.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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