WHEREAS, the first regular session of the 53rd Idaho Legislature established the Idaho Department of Juvenile Corrections ("Department") and amended existing law to create a juvenile corrections system based on principles of accountability, community protection, and competency development;

      WHEREAS, the purposes and intent of Idaho's Juvenile Corrections Act of 1995 and the JJDPA was better served by transferring the Idaho Juvenile Justice Commission ("Commission") to the Department;

      WHEREAS, the Department was designated as the sole agency for supervising the preparation and administration of Idaho's plan under the JJDPA, and the Office for Juvenile Justice and Delinquency Prevention was abolished effective July 1, 1995; and

      WHEREAS, the Commission was transferred from the Office of the Governor to the Department effective July 1, 1995, and has functioned as the advisory group referenced in Title 42, Section 5633(a)(3), United States Code.

      NOW, THEREFORE, I, DIRK KEMPTHORNE, Governor of the State of Idaho, by the authority vested in me by Article IV, Section 5, of the Idaho Constitution, and Section 67-802, Idaho Code, do hereby order that:

1.  The composition of membership of the Commission shall be in conformity with the JJDPA. The chairman, vice-chairman, and members of the Commission shall be appointed by, and serve at the pleasure of the Governor. Members shall serve a term of three years, except for the youth members who shall serve a term of one year. The chairman and vice-chairman shall serve in such capacities for three years.

2. The Commission shall perform the following functions:

a.      Advise the Department on juvenile justice and delinquency prevention issues;

b.      Participate in the development and review of Idaho's plan under the JJDPA;

c.       Be afforded an opportunity to review and comment on all grant applications under the JJDPA submitted to the Department;

d.      Perform such other duties that the JJDPA requires to be performed by the advisory group referenced in Title 42, Section 5633(a)(3), United States Code;

e.       Perform such other duties that the JJDPA requires to be performed by the supervisory board referenced in Title 42, Section 5671(c)(1), United States Code, and Title 28, Section 31.102(b), Code of Federal Regulations, until such time as the director of the Department may establish another committee, commission, or board within the Department to perform those duties; and

f.        Perform such other duties as requested by the director of the Department, which may include submitting reports to the director of the Department and making decisions on grant applications under the JJDPA submitted to the Department.

This Executive Order repeals and replaces Executive Order No. 1999-09. This Executive Order shall cease to be effective four years after its entry into force.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Idaho at the Capitol in Boise on this 1st day of September in the year of our Lord two thousand and five, and of the Independence of the United States of America the two hundred thirtieth and of the Statehood of Idaho the one hundred sixteenth.

BEN YSURSA
SECRETARY OF STATE