Subdivision I. In General.

Sec. 2-59. Domestic Violence Coordinating Council.

   (a)   Definition. In this section “Coordinating Council” means the Domestic Violence Coordinating Council.

   (b)   Established. There is a Domestic Violence Coordinating Council.

   (c)   Composition and terms of members.

      (1)   The Coordinating Council has 19 members.

      (2)   The County Council requests the following individuals to serve as ex officio members of the Coordinating Council:

         (A)   The Administrative Judge for District 6 of the Maryland District Court or designee of the Administrative Judge;

         (B)   The Administrative Judge for the Montgomery County Circuit Court or designee of the Administrative Judge;

         (C)   The State’s Attorney for Montgomery County or designee of the State’s Attorney;

         (D)   The Regional Director of the Division of Parole and Probation, Maryland Department of Public Safety and Corrections or designee of the Regional Director;

         (E)   The County Sheriff or designee of the County Sheriff; and

         (F)   The President of the County Board of Education or designee of the President.

      (3)   Subject to confirmation by the County Council, the County Executive should appoint the following individuals to serve as ex officio members of the Coordinating Council:

         (A)   A member or designee of the County Council, selected by the Council President;

         (B)   The Chief of Police or designee of the Chief of Police;

         (C)   The Director of the Department of Health and Human Services or designee of the Director;

         (D)   The Executive Director of the Commission for Women or designee of the Executive Director; and

         (E)   The Director of the Department of Correction and Rehabilitation or designee of the Director.

      (4)   Subject to confirmation by the County Council, the County Executive must appoint the following individuals to serve 3-year terms on the Coordinating Council:

         (A)   1 attorney with experience representing victims of domestic violence;

         (B)   4 members of the public with a demonstrated interest in domestic violence issues, including at least one individual who is a former victim of domestic violence; and

         (C)   2 representatives from a non-governmental domestic violence service or advocacy organization serving County residents.

      (5)   Subject to confirmation by the County Council, the County Executive must appoint a student member to serve a 1-year term on the Coordinating Council. The student member’s term may be renewed for 1 additional year. The student member must be a high school student who resides in the County when initially appointed.

   (d)   Voting, officers, meetings, and compensation.

      (1)   All members of the Coordinating Council are voting members.

      (2)   The Coordinating Council must elect a chair and vice-chair from among its members to serve 2-year terms.

      (3)   The Coordinating Council must meet at least 4 times each year.

      (4)   Section 2-148 does not apply to members appointed under subsection (c)(2) and (3).

      (5)   Except as provided in paragraph (6), a member must serve without compensation.

      (6)   A member may request reimbursement for mileage and dependent care costs at rates established by the County.

   (e)   Duties. The Coordinating Council must:

      (1)   Advise the County Executive, County Council, and Criminal Justice Coordinating Commission and its members on policies, programs, and legislation necessary to prevent domestic violence and help victims and their families;

      (2)   Promote and facilitate an effective community-wide response to domestic violence, including a well-coordinated, multi-disciplinary approach to all programs serving victims of domestic violence and their families;

      (3)   Coordinate with the Maryland Network Against Domestic Violence and all other County, State, federal, and non-governmental agencies, committees, boards, commissions, and organizations that operate, monitor, or coordinate domestic violence programs or services in the County to maximize the effectiveness of these programs and services;

      (4)   Develop recommendations to improve the coordination and effectiveness of County, State, federal, and non-governmental efforts regarding domestic violence, including prevention, intervention, treatment, law enforcement, prosecution, correctional, and advocacy efforts;

      (5)   Cooperate with the Abused Persons Program administered by the Department of Health and Human Services and any other relevant departments, agencies, committees, boards, commissions, and organizations to periodically review the quality and sufficiency of programs and facilities available to domestic violence victims, offenders, and their children throughout the County.

      (6)   Obtain and evaluate the findings and recommendations of the County’s Domestic Violence Fatality Review Team established under Title 4, Subtitle 7 of the Family Law Article;

      (7)   Obtain and evaluate statistical data, reports, and other information related to domestic violence, including information regarding innovative efforts by other governmental and non-governmental entities, as necessary to implement the requirements of this section; and

      (8)   Subject to subsection (f), advocate for policies or legislation at the County, State, and federal levels that would improve efforts to address domestic violence issues, including prevention, intervention, treatment, law enforcement, prosecution, correctional, and advocacy efforts.

   (f)   Advocacy. The Coordinating Council may not engage in any advocacy efforts at the State or federal levels unless these efforts are approved by the Office of Intergovernmental Relations.

   (g)   Annual Report. By September 15 each year, the Coordinating Council must submit to the County Executive and the County Council an annual report on its activities, findings, and recommendations.

   (h)   Staff.

      (1)   (A)   If the County Sheriff agrees, the County Sheriff must provide the primary staff for the Coordinating Council.

         (B)   At the request of the County Sheriff, the State courts and agencies listed in subsection (c)(2) and the County agencies listed in subsection (c)(3) may provide additional staff assistance to the Coordinating Council.

      (2)   (A)   If the County Sheriff does not agree to provide the primary staff for the Coordinating Council, the Chief Administrative Officer must provide appropriate staff to the Coordinating Council.

         (B)   The Chief Administrative Officer must consult with the individuals identified in subsection (c)(2) and (3) to determine the staffing needs of the Coordinating Council.

         (C)   The Chief Administrative Officer may authorize an individual identified in subsection (c)(2) to provide staff to the Coordinating Council. (2005 L.M.C., ch. 31, § 1; 2009 L.M.C., ch. 20, § 1; 2010 L.M.C., ch. 41, § 1; 2018 L.M.C., ch. 33, § 1.)

   Editor’s note—2005 L.M.C., ch. 31, § 2, states: Transition. The County Executive may stagger the initial terms of the members appointed under Section 2-59(c)(4) so that approximately one-third of the terms of these members expire each year.

   Former Section 2-59, relating to the civil defense advisory board, was repealed by § 1 of FY 1991 L.M.C., ch. 9. The section had been derived from Mont. Co. Code 1965, §§ 2-82, 2-86; 1969 L.M.C., ch. 34, § 20; 1973 L.M.C., ch. 2, § 2; and 1977 L.M.C., ch. 28, § 2.

Sec. 2-60. Criminal Justice Coordinating Commission.

   (a)    Established. There is a Criminal Justice Coordinating Commission.

   (b)    Composition; officers; terms of members; meetings; staff.

      (1)   The Commission has 32 members.

      (2)   The County requests the following individuals to serve as ex-officio members of the Commission:

         (A)   Administrative Judge of the Circuit Court for Montgomery County;

         (B)   Administrative Judge of the District Court for Montgomery County;

         (C)   State’s Attorney for Montgomery County;

         (D)   County Sheriff;

         (E)   Clerk of the Circuit Court for Montgomery County;

         (F)   Public Defender for Montgomery County;

         (G)   Chief of the City of Rockville Police Department;

         (H)   Chief of the City of Gaithersburg Police Department;

         (I)   Chief of the City of Takoma Park Police Department;

         (J)   Chief of the Village of Chevy Chase Police Department;

         (K)   Chief of the Montgomery County Maryland-National Capital Park and Planning Commission Police Department; and

         (L)   Director of the Department of School Safety and Security of the Montgomery County Public Schools.

      (3)   The following individuals are ex-officio members of the Commission:

         (A)   Chair of the County Council’s Public Safety Committee, or another member of the Public Safety Committee;

         (B)   Chief Administrative Officer;

         (C)   Chief of the County Police Department;

         (D)   Director of the Department of Correction and Rehabilitation;

         (E)   Chief of Behavioral Health and Crisis Services of the Department of Health and Human Services;

         (F)   Chief of Children, Youth, and Family Services of the Department of Health and Human Services;

         (G)   Director of the Department of Technology and Enterprise Business Solutions; and

         (H)   Assistant Chief of the Fire Code Enforcement and Fire Explosive Investigations Sections of the Montgomery County Fire and Rescue Service.

      (4)   The County Executive should appoint, subject to Council confirmation, the following individual to serve a 3 year term as a member of the Commission: A member of the County Legislative Delegation selected jointly by the Chairs of the House and Senate Delegations.

      (5)   The Executive must appoint, subject to Council confirmation, to 3-year terms:

         (A)   7 members of the public, one of whom must be a member of the Maryland bar who practices law in the County;

         (B)   An employee of the Division of Parole and Probation in the State Department of Public Safety and Correctional Services, after giving the Director of the Division an opportunity to make a recommendation;

         (C)   An employee of the State Department of Juvenile Justice, after giving the Secretary of the Department an opportunity to make a recommendation;

         (D)   A member of the Commission on Juvenile Justice, after giving the Commission an opportunity to make a recommendation; and

         (E)   A member of the Advisory Board on Victims and their Families, after giving the Board and opportunity to make a recommendation.

      (6)   After considering the recommendation of the Commission, if any, the Executive must designate the Chair and Vice-Chair of the Commission. The Chair and Vice-Chair serve one-year terms.

      (7)   The Commission must meet at least 4 times each year.

      (8)   Section 2-148 does not apply to ex-officio members or members appointed under subsection (4).

      (9)   (A)   The Chief Administrative Officer must designate an individual to serve as a Director of the Commission.

         (B)   The Director is not a voting member of the Commission.

         (C)   The Director must help the Commission achieve its objectives by:

            (i)   facilitating the coordination of Commission meetings;

            (ii)   facilitating the coordination and communication of Commission members;

            (iii)   assisting the Commission in obtaining information and assistance from other County agencies and programs as needed; and

            (iv)   assuring that the Commission has the staff and other resources it needs.

      (10)   The Chief Administrative Officer must provide staff support to the Commission subject to appropriation.

   (c)    Duties. The Commission must:

      (1)   evaluate the organization and adequacy of law enforcement and the administration of justice in the County;

      (2)   review and comment, at the request of the County Executive or the County Council, on programs concerning criminal justice for:

         (A)    long-term impacts;

         (B)   feasibility; and

         (C)   implementation issues.

      (3)   respond to requests from the Executive, Council, and the judicial system for any analysis concerning criminal justice programs;

      (4)   educate the community about law enforcement, crime prevention, reentry of individuals to the community, and other criminal justice issues, promote respect for law, and encourage community involvement in law enforcement and other appropriate components of the criminal justice system;

      (5)   facilitate coordination of the programs and activities of County law enforcement and criminal justice agencies;

      (6)   facilitate coordination of County law enforcement and criminal justice agencies with those of the State and neighboring state and local governments;

      (7)   promote efficient processing of criminal cases at every stage from arrest to completion of trial and correctional programs; and

      (8)   advise the County on how to achieve fair and effective law enforcement, crime prevention, and juvenile justice.

   (d)    Information and assistance. Each agency of County Government must give the Commission any information and assistance, not inconsistent with law, that the Commission requests to perform its duties.

   (e)    Reports and recommendations. The Commission may make reports and recommendations to the Executive and Council from time to time as the Commission finds appropriate. The Commission must report to the Council and the Executive on request. (1970 L.M.C., ch. 22, § 1; 1974 L.M.C., ch. 46, § 1; 1992 L.M.C., ch. 36, § 1; L.M.C. 1993, ch. 51, § 1; 1995 L.M.C., ch. 13, § 1; 2004 L.M.C., ch. 13, § 1; 2007 L.M.C, ch. 5, § 1; 2007 L.M.C., ch. 15, § 1; 2015 L.M.C., ch. 12, § 1; 2021 L.M.C., ch. 10, §1; 2021 L.M.C., ch. 11, §1.)

   Editor's note—2007 L.M.C., ch. 5, § 2, states: Affect on incumbents. If on the effective date of this Act [May 28, 2007] a merit system employee occupies a position which this Act converts to a non-merit position:

(a) that employee retains all merit system rights; and

(b) the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.

   2004 L.M.C., ch. 13, § 2, states: Transition. Appointed members of the Criminal Justice Coordinating Commission on the effective date of this Act [September 24, 2004] continue to serve on the Commission until the end of their terms. The County Executive may stagger the initial terms of appointed members so that approximately one-third of the terms expire each year.

   Section 5 of 1995 L.M.C., ch. 13, reads as follows: “Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services.”

   Cross reference-Boards and commissions generally, § 2-141 et seq.

Sec. 2-61. Assistance to boards.

   The chief administrative officer is authorized to make available to these advisory boards services and facilities of the county government to aid the boards in their work. (Mont. Co. Code 1965, § 2-85; 1969 L.M.C., ch. 34, § 21.)

Subdivision II. Reserved. [Note]

 

Notes

[Note]

Editor's note—Subdivision II, “Youth Service Commission,” §§ 2-62—2-64, was repealed by 1980 L.M.C., ch. 1, § 1.

Secs. 2-62-2-64. Reserved.

Subdivision III. Reserved. [Note]

 

Notes

[Note]

**Editor's note-Subdivision III, "Historical Review Committee," consisted of §§ 2-64A-2-64F when it was repealed by FY 1991 L.M.C., ch. 9, § 1. The subdivision had been derived from Res. No. 7-1259, §§ 1-6, and 1977 L.M.C., ch. 28, § 2.