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EXECUTIVE ORDER No.2003 - 9 COMMITTEE ON JUVENILE JUSTICE FAMILY INDEPENDENCE AGENCY
AMENDMENT OF EXECUTIVE ORDER No. 1993 – 14
WHEREAS, on July 27, 1993, the Committee on Juvenile Justice was established by Executive Order 1993-4, which was subsequently amended by Executive Orders 1994-8 and 1997-11;
WHEREAS, it is necessary to further amend Executive Order 1993-14 so that the composition of the Committee on Juvenile Justice conforms to the requirements of federal law and reflects both the size and diversity that enables the most effective fulfillment of the Committee’s mission;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, pursuant of the powers vested in me by the Michigan Constitution of 1963 and Michigan law, order that Executive Order 1993-14 be amended to read as follows:
WHEREAS, on May 7, 1976, the Advisory Committee on Juvenile Justice was established by Executive Order 1976-6;
WHEREAS, on February 6, 1990, the Committee on Juvenile Justice was re-established within the Department of Management and Budget by Executive Order 1990-4;
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which the Governor considers necessary for efficient administration;
WHEREAS, Congress enacted the Juvenile Justice and Delinquency Prevention Act of 1974, 42 USC 5601 to 5785 (“Act”), to provide a comprehensive and coordinated approach to the problems of juvenile delinquency and a funding mechanism for projects and programs intended to reduce and prevent delinquency;
WHEREAS, the Act makes funds available to participating states to assist in planning, establishing, operating, coordinating and evaluating, either directly or through grants to or contracts with public or private agencies, projects to improve education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile justice;
WHEREAS, 42 USC 5633(a)(3) requires that any state receiving money create an advisory group, appointed by the chief executive officer of the state, in order to advise the state planning agency
on juvenile justice and delinquency prevention matters and to advise the state planning agency on the award of grants to state and local government and private non-profit agencies and colleges and universities;
WHEREAS, it is in the best interests of the State of Michigan to have the advice of a committee constituted to review and recommend policy in the area of reducing juvenile delinquency and improving the state's system of juvenile justice;
NOW THEREFORE, pursuant to the Michigan Constitution of 1963, Michigan law, and the Act, it is ordered:
I. CREATION OF COMMITTEE ON JUVENILE JUSTICE
A. The Committee on Juvenile Justice (“Committee”) is created as an advisory body within the Family Independence Agency (“Department”). The Department is designated as the state agency responsible for the supervision, preparation, and administration of the comprehensive Juvenile Justice and Delinquency Prevention Plan required by the Act (“Plan”). The Director of the Department shall provide appropriate staff support for the Committee.
II. RECISSION OF EXECUTIVE ORDERS
A. Executive Orders 1976-6 and 1990-4 are rescinded. The rescissions are effective as of the date of this Order. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Department of Management and Budget Grant Management Division, “The State Planning Agency,” are transferred to the Family Independence Agency. Appropriate staff and equipment are transferred from the Department of Management and Budget to the Family Independence Agency.
III. COMMITTEE MEMBERSHIP
A. The Governor shall appoint a Committee on Juvenile Justice consisting of 23 members. Members appointed shall have training, experience, or special knowledge concerning the prevention and treatment of juvenile delinquency, the administration of juvenile justice, or the reduction of juvenile delinquency. The members of the Committee shall be appointed for terms of 3 years. Members appointed shall include representatives of all of the following:
1. At least 1 local elected official representing general purpose local government.
2. At least 2 representatives of law enforcement and juvenile justice agencies, including juvenile and family court judges, prosecutors, counsel for children and youth, and probation workers.
3. At least 2 representatives of public agencies concerned with delinquency prevention or treatment, such as welfare, social services, mental health, education, special education, recreation, and youth services.
4. At least 2 representatives of nonprofit organizations, including persons with a special focus on preserving and strengthening families, parent groups and parent self-help groups, youth development, delinquency prevention and treatment, neglected or dependent children, the quality of juvenile justice, education, and social services for children.
5. At least 2 volunteers who work with delinquents or potential delinquents.
6. At least 2 youth workers involved with programs that are alternatives to incarceration, including programs providing organized recreation activities.
7. At least 2 persons with special experience and competence in addressing problems related to school violence and vandalism and alternatives to suspension and expulsion.
8. At least 2 persons with special experience and competence in addressing problems related to learning disabilities, emotional difficulties, child abuse and neglect, and youth violence.
B. Of the members appointed, a majority of the members may not be full-time employees of federal, state, or local government. At least one-fifth of the members appointed shall be under the age of 24 at the time of appointment. At least 3 of the members appointed must have been or must be at the time of appointment under the jurisdiction of the juvenile justice system. A vacancy on the Committee shall be filled in the same manner as the original appointment.
C. The Governor shall designate a chairperson of the Committee. A quorum shall consist of a majority of the members serving.
D. Members of the Committee shall receive no compensation for their services as members and may be reimbursed only for those actual expenses incurred which are reimbursable under the laws, rules, and practices of the state, subject to available appropriations.
IV. CHARGE TO THE COMMITTEE
A. The Committee shall do all of the following:
1. Participate in the development and review of the federally-required Juvenile Justice and Delinquency Prevention Plan.
2. Advise the Department, its Director, and the Governor on matters relating to the juvenile justice system in this state.
3. Submit at least annually to the Governor and the Legislature recommendations regarding state compliance with federal program requirements under the Act.
4. Contact and seek regular input from juveniles currently under the jurisdiction of the juvenile justice system.
B. The Committee shall be afforded an opportunity to review and comment, not later than 30 days after submission, on all juvenile justice and delinquency prevention grant applications submitted to the Department.
C. The Committee may:
1. Participate in monitoring state compliance with federal program requirements as requested by the Department.
2. Advise on local criminal justice advisory board composition.
3. Review progress and accomplishments of projects funded under the Plan.
This Order is effective upon filing.
Given under my hand and the Great Seal of the State of Michigan this 30th day of July, 2003.
Jennifer M. Granholm
GOVERNOR
BY THE GOVENROR:
SECRETARY OF STATE
