STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 557	By:	Anderson

AS INTRODUCED

An Act relating to juvenile justice; creating the Oklahoma Juvenile Justice Reform Committee; requiring certain cooperation; specifying membership of Committee; directing notification of membership; permitting Committee to divide into subcommittees; authorizing the Committee to enter into certain contracts; providing for vacancies on the Committee; specifying duties of committee; directing the Committee to prepare and submit certain report; providing for termination of committee; directing appointment of co-chairs and other officers; permitting certain travel reimbursement; providing for staff support; providing for noncodification; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
A.  The Legislature hereby establishes the Oklahoma Juvenile Justice Reform Committee and directs the Committee to undertake a full, good-faith and thorough study of Oklahoma’s juvenile justice system and to make recommended revisions to the Oklahoma Juvenile Justice Code in Title 10 of the Oklahoma Statutes and any other statutes necessary to accomplish its purpose.
B.  All departments, officers, agencies and employees of this state shall cooperate with the Oklahoma Juvenile Justice Reform Committee in carrying out its duties and responsibilities, including providing any information, records and reports as may be requested by the co-chairs of the Committee.
SECTION 2.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
A.  The Committee shall consist of twenty (20) members appointed as follows:
1.  Two members who are presiding judges of a court having juvenile law jurisdiction to be appointed by the President of the Oklahoma Judicial Conference.  One of the judges shall be in a county having a juvenile bureau;
2.  Two members who are District Attorneys or Assistant District Attorneys having experience in cases involving juveniles to be appointed by the President of the Oklahoma District Attorneys Council;
3.  One member who is a public defender who regularly represents juveniles charged with crimes or delinquent acts to be appointed by the Director of the Oklahoma Indigent Defense System;
4.  One member who is a practicing attorney who regularly represents juveniles charged with crimes or delinquent acts to be appointed by the President of the Oklahoma Bar Association;
5.  Two members who are employees of the Department of Mental Health and Substance Abuse Services to be appointed by the Commissioner of Mental Health and Substance Abuse Services, one of whom shall be an attorney;
6.  Two members who are employees of the Office of Juvenile Affairs to be appointed by the Executive Director of the Office of Juvenile Affairs, one of whom shall be an attorney;
7.  One member to be appointed by the Director of the Oklahoma Commission on Children and Youth;
8.  Three members to be appointed by the Speaker of the House of Representatives;
9.  Three members to be appointed by the President Pro Tempore of the Senate;
10.  One member who is an executive director of a Youth Services Agency to be appointed by the Oklahoma Association of Youth Services;
11.  One member who is a child advocate to be appointed by the Oklahoma Institute for Child Advocacy; and
12.  One member who is an executive director of an alcohol and drug abuse treatment facility that serves juveniles to be appointed by the Oklahoma Substance Abuse Services Alliance.
B.  Each member of the Oklahoma Juvenile Justice Reform Committee initially appointed shall make the appointment known to the Speaker of the House of Representatives and the President Pro Tempore of the Senate by June 30, 2009.  Appointed members shall serve until December 31, 2010.  The Oklahoma Juvenile Justice Reform Committee may divide into subcommittees in furtherance of its purposes.
C.  The Oklahoma Juvenile Justice Reform Committee may contract with such consultant or consultants as it deems necessary to accomplish its purposes as funds are available.
D.  Any vacancies in the appointive membership of the Oklahoma Juvenile Justice Reform Committee shall be filled for the unexpired term in the same manner as the original appointment.
SECTION 3.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
A.  The Oklahoma Juvenile Justice Reform Committee shall conduct a systematic review and study of:
1.  Oklahoma's juvenile justice system, including its efficiency and effectiveness in protecting the public and habilitating and rehabilitating juveniles; and
2.  All laws and procedures in Title 10 of the Oklahoma Statutes or other laws affecting the juvenile justice system, including the laws relating to youthful offenders, certification and reverse certification of juveniles.
B.  The Juvenile Justice Reform Committee shall prepare a report of its recommendations and a recommended draft to reclassify, update, reform and re-codify the statutes pertaining to juveniles.  The duties of the Committee in preparing recommendations shall be as follows:
1.  To study, report and recommend the most efficient organization and effective programs to accomplish the public safety, treatment and prevention goals of the juvenile justice system;
2.  To study, report and recommend the most effective system for transitioning persons aging out of the juvenile justice system;
3.  To organize the juvenile code to effectively implement the goals of the juvenile justice system including persons aging out the juvenile justice system;
4.  To incorporate into the Juvenile Code as many existing statutes relating to juvenile law and procedure found throughout the Oklahoma Statutes as is practicable;
5.  To clarify and update existing statutory language; and
6.  To perform any other act necessary to complete the purposes of the Committee.
C.  The Oklahoma Juvenile Justice Reform Committee shall be responsible for drafting recommended legislation in accordance with the current legislative drafting procedures.
D.  1.  The Oklahoma Juvenile Justice Reform Committee shall prepare a final draft of its report and recommendations together with its recommended changes in the Juvenile Code, and shall submit them to the Speaker of the House of Representatives and the President Pro Tempore of the Senate by December 1, 2010.
2.  The Oklahoma Juvenile Justice Reform Committee shall submit a summary of every recommended change and addition to existing laws at the time the recommended Children’s Code Article and any amendments are presented to the Speaker of the House of Representatives and the President Pro Tempore of the Senate.
E.  The Oklahoma Juvenile Justice Reform Committee shall cease to function December 31, 2010.
SECTION 4.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
A.  Within fifteen (15) days from the initial appointment of membership on the Oklahoma Juvenile Justice Reform Committee, the Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each appoint one member of the Committee to serve as co-chairs.  If a vacancy occurs in such office, a new co-chair shall be appointed from the Committee in the same manner as the original appointment, who shall serve until December 31, 2010.
B.  Other officers may be elected to serve on the Committee for terms of office as may be designated by the Committee members.  The co-chairs of the Committee or their designees shall preside at meetings.
C.  The Committee may meet at least one time per month and at such other times as may be set by the co-chairs of the Committee.
D.  Members of the Committee shall receive no salary; however, all members of the Committee shall be reimbursed for their actual and necessary travel expenses as follows:
1.  Legislative members of the Committee shall receive reimbursement from the house in which they serve as provided in Section 456 of Title 74 of the Oklahoma Statutes, except when the Legislature is in session and the meeting is held in Oklahoma City;
2.  Non-legislative Committee members employed by the state shall be reimbursed by their respective employing agency pursuant to the State Travel Reimbursement Act; and
3.  Any other Committee member shall receive reimbursement pursuant to the State Travel Reimbursement Act.
E.  A majority of the members appointed to the Committee shall constitute a quorum and a majority present may act for the Committee.
SECTION 5.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
The House of Representatives and the Senate may provide staff assistance to the Oklahoma Juvenile Justice Reform Committee as necessary to assist the Committee in the performance of its duties.
SECTION 6.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

52-1-1265	JM	1/12/2009 2:03:09 PM