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WHEREAS, the Juvenile Justice and Delinquency Prevention Act of 1974 (P.L. 93-415, hereinafter referred to as "the Act"), as revised by the Juvenile Justice Amendments of 1980 (P.L. 96-509, hereinafter referred to as the "Juvenile Justice Amendments") requires that each state designate its state criminal justice planning agency as the sole agency to receive formula grants under said statutes; and
WHEREAS, the Act and the Juvenile Justice Amendments thereto require that the Governor of the Commonwealth establish an advisory group to execute certain specified functions and participate in the development and review of the juvenile justice plan for the Commonwealth; and
WHEREAS, the Juvenile Justice Amendments (see in particular, 42 U.S.C. § 5601 (8) declare that the juvenile justice system should give particular attention to the problem of juveniles who commit serious crimes such as murder, rape, mayhem, kidnapping, aggravated assault, robbery, motor vehicle theft, burglary, extortion by way of violent threats, and felonious larceny and arson; and
WHEREAS, the Act and the Juvenile Justice Amendments provide that five (5) percent of the minimum allotment of funds awarded to any state under the Act shall be available to assist the advisory group established to carry out certain functions and participate in the development and review of the juvenile justice plan for the Commonwealth;
NOW, THEREFORE, I, Edward J. King, Governor of the Commonwealth of Massachusetts, by virtue of the authority vested in me by the Constitution and the statutes of this Commonwealth, do hereby order and direct the following:
(1) Massachusetts Committee on Criminal Justice - Supervisory Agency for Juvenile Justice Plan. The Massachusetts Committee on Criminal Justice, established as the state criminal justice planning agency pursuant to G.L. c. 6, § 156, is hereby designated as the sole agency within the Commonwealth for supervising the preparation and administration of the Massachusetts juvenile justice plan.
(2) Massachusetts Juvenile Justice Advisory Committee. The Massachusetts Juvenile Justice Advisory Committee (hereinafter referred to as the "Committee") is hereby established. The Committee shall consist of not less than the sixteen members appointed by the Governor. Members shall be appointed for a term of one year, and shall be eligible for reappointment at the discretion of the Governor. Members shall serve at the pleasure of the Governor and without compensation.
In accordance with the Juvenile Justice Amendments, the Committee shall operate as the supervisory board for the Massachusetts Committee on Criminal Justice for all planning and administration functions of the Act in Massachusetts.
(a) Membership of the Juvenile Justice Advisory Committee. The membership of the Committee shall consist of persons who have training, experience, or special knowledge concerning the prevention and treatment of juvenile delinquency or the administration of juvenile justice.
The Committee shall include locally- elected officials, representation of units of local government, law enforcement and juvenile justice agencies such as law enforcement, corrections or probation personnel, juvenile court judges, and public agencies concerned with delinquency prevention or treatment such as welfare, social services, mental health, education, special education, or youth services departments. The Committee shall also include representation of private organizations concerned with delinquency prevention or treatment; concerned with neglected or dependent children; concerned with the quality of juvenile justice, education or social services for children; which use volunteers to work with delinquents or potential delinquents; community-based delinquency prevention or treatment programs; business groups and business employing youth, youth workers involved with alternative youth programs, and persons with special experience and competence in addressing the problem of school violence and vandalism and the problem of learning disabilities; and organizations which represent employees affected by the Act.
A majority of the members of the Committee (including the Chairman) shall not be full-time employees of the federal, state, or local government. At least one- fifth of the members shall be under the age of twenty-four (24) at the time of appointment, and at least three of whose members shall have been or shall currently be under the jurisdiction of the juvenile justice system.
(b) Purpose of the Juvenile Justice Advisory Committee. The Massachusetts Juvenile Advisory Committee, being duly established and appointed shall, consistent with the above-cited statutes, advise the Executive Director of the Massachusetts Committee on Criminal Justice; shall submit to the Governor and the Legislature at least annually recommendations with respect to matters related to its functions, including state compliance with the requirements of the Act concerning the deinstitutionalization of status offenders and the separation of juvenile offenders from adult offenders; shall have an opportunity for review, comment, and final approval on all juvenile justice and delinquency prevention grant applications submitted to the Massachusetts Committee on Criminal Justice and shall comment thereon no later than thirty days after the submission of any such application to the Committee; and may be given a role in monitoring state compliance with the requirements of 42 U.S.C. § 5633, §§ 12A and 13 in advising on the state's maintenance of effort under section 261 (b) and section 520 (b) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, and in review of the progress and accomplishments of juvenile justice and delinquency prevention projects funded under the comprehensive state plan; and shall contact and seek regular input from juveniles currently under the jurisdiction of the juvenile justice system.
Executive Order No. 166 is hereby rescinded.
Given at the Executive chamber in Boston this 13th day of October in the year of Our Lord one thousand nine hundred and eighty-one and of the Independence of the United States of America, two hundred and six.
EDWARD J. KING GOVERNOR
Commonwealth of Massachusetts
MICHAEL JOSEPH CONNOLLY
Secretary of the Commonwealth