For the purposes of this chapter:
(1) "Board" means the Criminal Justice Supervisory Board established under § 3-903(b).
(2) "Crime Control Act" means the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3701 et seq.).
(3) "JPC" means the Judicial Planning Committee established pursuant to § 203(c) of the Crime Control Act of 1976 (42 U.S.C. § 3723).
(4) "Juvenile Justice Act" means the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. § 5601 et seq.).
(5) "Mayor's Office of Policy and Program Evaluation" means the office, under the direction and control of the Mayor, established pursuant to Mayor's Order 83-22, issued January 3, 1983 (30 DCR 328).
(6) "Youth" means a person who has not reached the age of 21 years.
(7) "Senior citizen" means any person who has reached the age of 60 years.
(Sept. 13, 1978, D.C. Law 2-107, § 2, 25 DCR 1391; July 23, 1992, D.C. Law 9-134, § 301(b)(1), 39 DCR 4066; Sept. 10, 1992, D.C. Law 9-145, § 301(b)(1), 39 DCR 4895.)
HISTORICAL AND STATUTORY NOTES
Miscellaneous Notes
Designation of a Single State Agency to Administer the Juvenile Justice and Delinquency and Establishment of the Juvenile Justice Advisory Group, see Mayor's Order 2009-13, February 9, 2009 (56 DCR 2033).
Prior Codifications
1981 Ed., § 2-1101.
1973 Ed., § 2-2501.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 301(b)(1) of Omnibus Budget Support Temporary Act of 1992 (D.C. Law 9-134, July 23, 1992, law notification 39 DCR 5815).
Legislative History of Laws
Law 2-107, the "Criminal Justice Supervisory Board Act of 1978," was introduced in Council and assigned Bill No. 2-211, which was referred to the Committee on the Judiciary. The Bill was adopted on first, amended first, and second readings on May 16, 1978, May 30, 1978, and June 13, 1978, respectively. There being no action by the Mayor, it was assigned Act No. 2-222 and transmitted to both Houses of Congress for its review.
Law 9-145, the "Omnibus Budget Support Act of 1992," was introduced in Council and assigned Bill No. 9-222, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 12, 1992, and June 2, 1992, respectively. Approved without the signature of the Mayor on June 22, 1992, it was assigned Act No. 9-225 and transmitted to both Houses of Congress for its review. D.C. Law 9-145 became effective on September 10, 1992.
References in Text
The "Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3701)," referred to in paragraph (2), was repealed by Title II, § 602 of the Act of October 12, 1984, 98 Stat. 2077, Pub. L. 98-473.
"Section 203(c) of the Crime Control Act of 1976 (42 U.S.C. § 3723)," referred to in paragraph (3), was superseded by Pub. L. 90-351, Title I, § 203, as added December 27, 1979, 93 Stat. 1174, Pub. L. 96-157, § 2.
Miscellaneous Notes
Application of § 301 of Law 9-145: Section 501(c)(3) of D.C. Law 9-145 provided that § 301 shall apply as of October 1, 1992.
The Council of the District of Columbia finds and declares that:
(1) Crime and delinquency are complex social phenomena requiring the attention and efforts of the criminal justice system, local government, and private citizens alike;
(2) The establishment of appropriate goals, objectives, and standards for the reduction of crime and delinquency and for the administration of justice must be a priority concern;
(3) The functions of the criminal justice system must be coordinated more efficiently and effectively;
(4) The full and effective use of resources affecting local criminal justice systems requires the complete cooperation of local government agencies; and
(5) Training, research, evaluation, technical assistance, and public education activities must be encouraged and focused on the improvement of the criminal justice system and the generation of new methods for the prevention and reduction of crime and delinquency.
(Sept. 13, 1978, D.C. Law 2-107, § 3, 25 DCR 1391.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-1102.
1973 Ed., § 2-2502.
Legislative History of Laws
For legislative history of D.C. Law 2-107, see Historical and Statutory Notes following § 3-901.
(a) There is hereby established within the executive branch of the District of Columbia government a Criminal Justice Supervisory Board which shall serve as the law enforcement and criminal justice planning agency for the District of Columbia in accordance with the terms of the Crime Control Act. The Mayor's Office of Policy and Program Evaluation shall serve as the staff of the Board.
(b) The Criminal Justice Supervisory Board shall consist of 33 members, as follows:
(1) The Mayor;
(2) The Chairman of the Council of the District of Columbia;
(3) The Chief Judge of the District of Columbia Court of Appeals;
(4) The Chief Judge of the Superior Court of the District of Columbia;
(5) The Corporation Counsel of the District of Columbia;
(6) The Chairperson of the Committee on the Judiciary of the Council of the District of Columbia;
(7) The Executive Officer of the District of Columbia Courts;
(8) Three persons appointed by the Mayor from a list of no less than 9 nominees submitted by the Chief Judge of the District of Columbia Court of Appeals;
(9) The United States Attorney for the District of Columbia (if he desires to serve);
(10) The City Administrator;
(11) A judge of the Superior Court of the District of Columbia selected by the Chief Judge of the District of Columbia Court of Appeals;
(12) The Director of the District of Columbia Public Defender Service;
(13) The Director of the District of Columbia Pre-Trial Services Agency;
(14) The Chairperson of the state advisory group of the District of Columbia established pursuant to § 223 of the Juvenile Justice Act;
(15) Two members of the state advisory group of the District of Columbia established pursuant to § 223 of the Juvenile Justice Act; provided, that the 2 members, other than the Chairperson of such state advisory group, shall not be employees of the District of Columbia government, and shall be chosen by the Mayor from among the membership of the state advisory group;
(16) Eight persons appointed by the Mayor, 1 of whom shall be a youth and 2 of whom shall be senior citizens;
(17) Four persons appointed by the Chairman of the Council of the District of Columbia with the consent of the Council; provided, that such persons shall not be employed by the District of Columbia government, 1 of whom shall be a youth and 1 of whom shall be a senior citizen; and
(18) Three persons appointed by the Chairperson of the Committee on the Judiciary of the Council of the District of Columbia with the consent of the Committee; provided, that such persons shall not be employed by the District of Columbia government, 1 of whom shall be a youth and 1 of whom shall be a senior citizen.
(c) An alternate of a member of the Board may be designated by each member; provided, that such designation shall be in writing. In the event that a nongovernment member, appointed pursuant to paragraphs (15) through (18) of subsection (b) of this section, is absent from 3 consecutive meetings of the Board or any of its committees or subcommittees, the Chairperson of the Board shall request that the Mayor of the District of Columbia (hereinafter referred to as the "Mayor"), the Chairman of the Council, the Chairperson of the Committee on the Judiciary of the Council or the state advisory group established pursuant to § 223 of the Juvenile Justice Act, as the case may be, replace such appointed member.
(d) Members serving pursuant to paragraphs (15) through (18) of subsection (b) of this section shall serve for 2-year terms and may be reappointed for no more than 1 additional consecutive term. Members serving pursuant to paragraph (8) of subsection (b) of this section shall serve at the pleasure of the Chief Judge of the District of Columbia Court of Appeals. The terms of all other members shall be concurrent with their service in the office from which they derive their membership.
(e) Should any member cease to be an officer of the unit or agency of government which he is appointed to represent, his membership on the Criminal Justice Supervisory Board shall terminate immediately and a new member shall be appointed in the same manner as his predecessor to fill the unexpired term. Vacancies occurring in memberships created by paragraphs (8), (11), and (15) through (18) of subsection (b) of this section, except those by the expiration of a term, shall be filled for the balance of the unexpired term in the same manner as the original appointment within 30 days of the vacancy.
(f) The Mayor shall appoint a Chairperson of the Criminal Justice Supervisory Board. A Vice-Chairperson shall be selected by the Board from among its members.
(g) A member of the Board is not entitled to a salary for duties performed as a member of the Board. Each member is entitled to reimbursement for travel and other necessary expenses incurred in the performance of official Board duties.
(h) Repealed.
(Sept. 13, 1978, D.C. Law 2-107, § 4, 25 DCR 1391; Sept. 28, 1979, D.C. Law 3-24, § 2, 3, 26 DCR 405; July 23, 1992, D.C. Law 9-134, § 301(b)(2), (3), 39 DCR 4066; Sept. 10, 1992, D.C. Law 9-145, § 301(b)(2), (3), 39 DCR 4895.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-1103.
1973 Ed., § 2-2503.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 301(b)(2), (3) of Omnibus Budget Support Temporary Act of 1992 (D.C. Law 9-134, July 23, 1992, law notification 39 DCR 5815).
Emergency Act Amendments
For temporary amendment of section, see § 301(b)(2) and (3) of the Omnibus Budget Support Emergency Act of 1992 (D.C. Act 9-203, April 29, 1992, 39 DCR 3219).
Legislative History of Laws
For legislative history of D.C. Law 2-107, see Historical and Statutory Notes following § 3-901.
Law 3-24, the "Criminal Justice Supervisory Board Amendments Act of 1979," was introduced in Council and assigned Bill No. 3-155, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 19, 1979, and July 3, 1979, respectively. Signed by the Mayor on July 12, 1979, it was assigned Act No. 3-68 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 9-145, see Historical and Statutory Notes following § 3-901.
References in Text
"Section 223 of the Juvenile Justice Act" referred to in subsections (b)(14), (b)(15) and (c), is classified as 42 U.S.C. § 5633.
Transfer of Functions
For temporary transfer of functions of the Office of Criminal Justice Plans and Analysis, established pursuant to subsection (a) of this section, and all positions, property, records, and unexpended balances of appropriations, allocations, and other funds available to or to be made available relating to the functions of the Office of Criminal Justice Plans and Analysis to the Mayor's Office of Policy and Programs Evaluation, see § 301(a) of the Omnibus Budget Support Emergency Act of 1992 (D.C. Act 9-203, April 29, 1992, 39 DCR 3219).
Section 301(a) of D.C. Law 9-134 provided that the functions of the Office of Criminal Justice Plans and Analysis, and all positions, property, records, and unexpended balances of appropriations, allocations, and other funds available to or to be made available relating to the functions of the Office of Criminal Justice Plans and Analysis are transferred to the Mayor's Office of Policy and Program Evaluation.
Section 501(c)(3) of D.C. Law 9-134 provided that § 301 shall apply as of October 1, 1992.
Section 601(b) of D.C. Law 9-134 provided that the act shall expire on the 225th day of its having taken effect.
Section 301(a) of D.C. Law 9-145 provided that the functions of the Office of Criminal Justice Plans and Analysis, and all positions, property, records, and unexpended balances of appropriations, allocations, and other funds available to or to be made available relating to the functions of the Office of Criminal Justice Plans and Analysis are transferred to the Mayor's Office of Policy and Program Evaluation.
Miscellaneous Notes
Application of § 301 of Law 9-145: Section 501(c)(3) of D.C. Law 9-145 provided that § 301 shall apply as of October 1, 1992.
Funding authorized: Section 824 of the Act of December 27, 1979, 93 Stat. 1167, Pub. L. 96-157, authorized funding for the District's state planning agency according to a special formula.
Designation of an Agency to Administer the Juvenile Justice and Delinquency Prevention Act, see Mayor's Order 2000-149, October 3, 2000 (47 DCR 8262).
(a) The Criminal Justice Supervisory Board shall meet at least once every 90 days and at such other times designated by the Chairperson or a majority of the Board.
(b) A simple majority of the membership shall constitute a quorum for the Criminal Justice Supervisory Board and for its committees or subcommittees.
(c) In developing and administering an annual comprehensive criminal justice plan for the District of Columbia, the Chairperson of the Board, with the advice and consent of a majority of the Board shall establish committees or subcommittees comprised of members of the Board and such other persons as the Chairperson of the Board deems advisable and feasible. The Chairperson of the Board, with the advice and consent of a majority of the Board, shall also determine the chairperson for each committee. The committee structure of the Board shall include, but not be limited to:
(1) A committee on the courts comprised of the JPC and designed to carry out the purposes of § 203 of the Crime Control Act;
(2) A committee on juvenile justice comprised of the state advisory group of the District of Columbia established pursuant to § 223 of the Juvenile Justice Act and designed to develop the juvenile justice component of the annual comprehensive criminal justice plan in accordance with the Juvenile Justice Act; and
(3) An appeals committee designed to consider appeals from any action of the Board denying all or part of any funds requested in any subgrant application to conduct a project for which funds are available.
(d) Except for a committee on the courts and a committee on juvenile justice, each committee of the Board shall contain: (1) At least 1 member from or appointed by the executive branch of the District of Columbia government; (2) at least 1 member from or appointed by the Council of the District of Columbia; (3) at least 1 member from the District of Columbia courts; and (4) a sufficient number of members who are not employed by the District of Columbia government to comprise at least one third of the total membership of the committee or subcommittee. In the event that an executive committee is established by the Board, such executive committee shall include in its membership the same proportion of members representing the judiciary and members representing the juvenile justice advisory group as the total number of each such class of members bears to the total membership of the Board.
(e) Subject to the provisions of paragraphs (1), (2) and (3) of subsection (c) of this section, the Board shall ensure that, prior to the adoption by the Board of an annual comprehensive criminal justice plan, it shall have received and considered recommendations from at least one of its committees or subcommittees with respect to what ought to be the contents of the plan concerning: (1) The administration of justice; (2) the prevention of crime; (3) detection of crime and apprehension of offenders; (4) prosecution and defense; and (5) sentencing and correctional treatment of offenders. In addition, the Board shall ensure that, prior to its making grant awards in accordance with an approved annual comprehensive criminal justice plan, the Board shall have received and considered recommendations from at least one of its committees or subcommittees with respect to all potential subgrant award recipients who qualify in accordance with the Board's rules and procedures governing subgrant awards.
(f) The Board shall promulgate rules of procedure governing its operations which comply with Chapter 5 of Title 2, and with §§ 1-309.01 through 1- 309.13.
(Sept. 13, 1978, D.C. Law 2-107, § 5, 25 DCR 1391; Sept. 28, 1979, D.C. Law 3-24, § 4, 26 DCR 405.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-1104.
1973 Ed., § 2-2504.
Legislative History of Laws
For legislative history of D.C. Law 2-107, see Historical and Statutory Notes following § 3-901.
For legislative history of D.C. Law 3-24, see Historical and Statutory Notes following § 3-903.
References in Text
"Section 203 of the Crime Control Act," referred to in subsection (c)(1), formerly codified in 42 U.S.C. § 3723, was superseded by Pub. L. 90-351, Title I, § 203, as added December 27, 1979, 93 Stat. 1174, Pub. L. 96-157, § 2.
"Section 223 of the Juvenile Justice Act," referred to in subsection (c)(2), is codified as 42 U.S.C. § 5633.
The Board shall:
(1) Advise and assist the Mayor, the District of Columbia courts and the Council of the District of Columbia in developing policies, plans, programs, and budgets for improving the coordination, administration and effectiveness of the criminal justice system in the District of Columbia;
(2) Approve all components of the annual comprehensive criminal justice plan prepared pursuant to the Crime Control Act and submit such plan to the Council of the District of Columbia for its advisory review of the goals, priorities, and policies contained therein prior to the ultimate submission of such plan to the Law Enforcement Assistance Administration, United States Department of Justice;
(3) Include in each annual comprehensive criminal justice plan a statement of the fiscal impact each component of such plan would likely have, if any, on the fiscal budget of the District of Columbia for the next 5 years;
(4) Assure the participation of citizens, community organizations, and juvenile justice advocates at all levels of the planning process;
(5) Recommend goals, priorities, and standards for the reduction of crime and the improvement of the administration of justice in the District of Columbia;
(6) Recommend criminal justice legislation to the Mayor, the Council of the District of Columbia, and the Congress, where appropriate;
(7) Ensure that the annual judicial plan developed by the JPC is implemented to the extent that it is in conformity with the comprehensive plan for the improvement of law enforcement and criminal justice in accordance with § 304(b) of the Crime Control Act;
(8) Encourage local and regional comprehensive criminal justice planning efforts;
(9) Monitor and evaluate programs and projects, funded in whole or in part by the District of Columbia government, aimed at reducing crime and delinquency and improving the administration of justice;
(10) Cooperate with and render technical assistance to agencies and units of the District of Columbia government, and public or private agencies relating to the criminal justice system;
(11) Have the authority to collect from any District of Columbia governmental entity information, data, reports, statistics or such other material which is necessary to carry out the functions of the Office of Criminal Justice Plans and Analysis consistent with the District of Columbia Home Rule Act; and
(12) Perform such other duties as may be necessary to carry out the purposes of this chapter.
(Sept. 13, 1978, D.C. Law 2-107, § 6, 25 DCR 1391.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-1105.
1973 Ed., § 2-2505.
Legislative History of Laws
For legislative history of D.C. Law 2-107, see Historical and Statutory Notes following § 3-901.
References in Text
"Section 304(b) of the Crime Control Act," referred to in paragraph (7), formerly codified at 42 U.S.C. § 3734, was superseded by Pub. L. 90-351, Title I, § 304, as Pub. L. 98-473, added December 27, 1979, 93 Stat. 1178, Pub. L. 96-157, § 2, which was repealed by Title II, § 605(c) of the Act of October 12, 1984, 98 Stat. 2080, Pub. L. 98-473.
The "District of Columbia Home Rule Act," referred to in paragraph (11), is the Act of December 24, 1973, 87 Stat. 774, Pub. L. 93-198.
(a) Within 90 days of the close of each fiscal year, the Criminal Justice Supervisory Board shall submit an annual report to the Mayor and to the Council of the District of Columbia concerning its work during the preceding fiscal year.
(b) The Mayor's Office of Policy and Program Evaluation through the Board may submit other studies, evaluations, crime data analyses, and reports to the Mayor or the Council of the District of Columbia as deemed appropriate or as requested by the Mayor or the Council.
(Sept. 13, 1978, D.C. Law 2-107, § 7, 25 DCR 1391; July 23, 1992, D.C. Law 9-134, § 301(b)(4), 39 DCR 4066; Sept. 10, 1992, D.C. Law 9-145, § 301(b)(4), 39 DCR 4895.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-1106.
1973 Ed., § 2-2506.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 301(b)(4) of Omnibus Budget Support Temporary Act of 1992 (D.C. Law 9-134, July 23, 1992, law notification 39 DCR 5815).
Emergency Act Amendments
For temporary amendment of section, see § 301(b)(4) of the Omnibus Budget Support Emergency Act of 1992 (D.C. Act 9-203, April 29, 1992, 39 DCR 3219).
Legislative History of Laws
For legislative history of D.C. Law 2-107, see Historical and Statutory Notes following § 2-1101.
For legislative history of D.C. Law 9-145, see Historical and Statutory Notes following § 3-901.
Miscellaneous Notes
Application of § 301 of Law 9-145: Section 501(c)(3) of D.C. Law 9-145 provided that § 301 shall apply as of October 1, 1992.
There are hereby authorized to be appropriated such funds as may be necessary for the administration of this chapter.
(Sept. 13, 1978, D.C. Law 2-107, § 8, 25 DCR 1391; July 23, 1992, D.C. Law 9-134, § 301(b)(5), 39 DCR 4066; Sept. 10, 1992, D.C. Law 9-145, § 301(b)(5), 39 DCR 4895.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-1107.
1973 Ed., § 2-2507.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 301(b)(5) of Omnibus Budget Support Temporary Act of 1992 (D.C. Law 9-134, July 23, 1992, law notification 39 DCR 5815).
Emergency Act Amendments
For temporary amendment of section, see § 301(b)(5) of the Omnibus Budget Support Emergency Act of 1992 (D.C. Act 9-203, April 29, 1992, 39 DCR 3219).
Legislative History of Laws
For legislative history of D.C. Law 2-107, see Historical and Statutory Notes following § 3-901.
For legislative history of D.C. Law 9-145, see Historical and Statutory Notes following § 3-901.
Miscellaneous Notes
Application of § 301 of Law 9-145: Section 501(c)(3) of D.C. Law 9-145 provided that § 301 shall apply as of October 1, 1992.
