New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 1 - Executive Orders (Nelson A. Rockefeller) › Section 1.49 - Executive order no. 49: amending and superseding the executive orders of december 17, 1968 [no. 31], february 23, 1970 [no. 35] and june 10, 1970 [no. 38], relating to the creation of the crime control planning board and office of crime control planning

Current through Register Vol. 46, No. 28, July 10, 2024
I, Nelson A. Rockefeller, Governor of the State of New
					 York, by virtue of the authority vested in me by the Constitution and the Laws
					 of the State of New York, do hereby direct by Executive Order that the
					 Executive Order Number 31, dated December 17, 1968, as amended, which
					 established the Crime Control Planning Board and Office of Crime Control
					 Planning, be amended to read as follows:
I, Nelson A. Rockefeller, by virtue of the authority vested
					 in me by the Constitution and the laws of the State of New York, and as
					 Governor of the State of New York, by Executive Order do hereby establish in
					 the Executive Department a board to be known as the Crime Control Planning
					 Board, to advise the Governor concerning planning for the improvement and
					 revitalization of State and local crime and juvenile delinquency prevention,
					 law enforcement, criminal justice and offender treatment systems and to act as
					 New York State's planning board pursuant to Title I of Public Law 90-351
					 ("Omnibus Crime Control and Safe Streets Act of 1968") and Public Law 90-445
					 ("Juvenile Delinquency Prevention and Control Act of 1968"), and any act or
					 acts amendatory or supplemental thereto.
The Crime Control Planning Board shall consist of
					 twenty-eight members broadly representative of State and local crime and
					 juvenile delinquency prevention and control agencies, units of general local
					 government, and community or citizen interests, to be appointed by, and serve
					 at the pleasure of, the Governor, who shall also designate one of them as
					 chairman. The director of the Division of the Budget shall serve as a
					 non-voting member.
I. General Powers
				  and Duties of the Board
The Crime Control Planning Board shall:
--advise the Governor with respect to law enforcement and
					 juvenile delinquency planning at all levels of government;
--:review, approve and maintain general oversight of all
					 policies, plans and regulations for distribution of grants from funds made
					 available to the State pursuant to Title I of Public Law 90-351 and Public Law
					 90-445, and any act or acts amendatory or supplemental thereto, and such other
					 laws or programs as the Governor may direct;
--determine, subject to jurisdiction of the Governor,
					 priorities for the use of such funds and allocations of such funds for
					 specified purposes;
--adopt procedures of operation and promulgate rules and
					 regulations governing administration of such funds.
II. General Powers and Duties of the Office
				  of Planning Services
The Director of the Office of Planning Services shall be
					 responsible to the Governor for:
--performance of all necessary and appropriate staff
					 services required by the Board utilizing to the extent possible the resources
					 of existing State agencies and without in any way duplicating the functions of
					 such agencies;
--preparation, evaluation and revision of proposed
					 comprehensive Statewide crime control and juvenile delinquency prevention and
					 control plans;
--receiving and disbursing funds, for and on behalf of the
					 Crime Control Planning Board, from the Federal Government granted for
					 comprehensive planning purposes under the provisions of Title I of Public Law
					 90-351, and Public Law 90-445;
--requesting from any department, division, board, bureau,
					 commission or other agency of the State or any of its political subdivisions,
					 such assistance, information and data as may be required;
--accepting, agreeing to accept, or contracting for as
					 agent of the State and for and on behalf of the Crime Control Planning Board,
					 with the approval of the Governor, any grant, including Federal grants, or any
					 gift for any of the purposes of this order.
III. Compensation of Board Members
The members of the Board shall be reimbursed for their
					 actual and necessary expenses, within the funds available therefor.
IV. Effective Date and Transfer
				  Provisions
Executive Order Number 31, dated December 17, 1968, and
					 Executive Orders Number 35, dated February 23, 1970, and Number 38, dated June
					 10, 1970, which amended such Order, are hereby amended and superseded by this
					 Executive Order effective April 1, 1971. On such date, all the functions,
					 powers and duties possessed by the Office of Crime Control Planning created
					 under such Orders shall be transferred and assigned to, assumed by and devolved
					 upon the Office of Planning Services, subject to any modifications and
					 revisions of such functions, powers and duties contained in this Order; and all
					 rights and obligations of the Office of Crime Control Planning under any
					 contract or agreement relating to such functions, powers and duties to which
					 the Office of Crime Control Planning is a party are hereby transferred and
					 assigned to, devolved upon and assumed by the Office of Planning Services. With
					 respect to the functions, powers, duties, rights and obligations so transferred
					 and assumed, the Office of Planning Services shall be deemed and held to
					 constitute the continuation of the Office of Crime Control Planning and not a
					 different agency or authority. Any proceeding or other business or matter
					 heretofore undertaken or commenced by or before such Office may be conducted
					 and completed by the Office of Planning Services in the same manner and under
					 the same terms and conditions and with the same effect as if conducted and
					 completed by such Office.
Provision may be made, within appropriations available
					 therefor and subject to the Civil Service Law, for the transfer to the Office
					 of Planning Services of such officers and employees of the Crime Control
					 Planning Board other than Board members and the Office of Crime Control
					 Planning as the Director of the Office of Planning Services may deem
					 necessary.
All appropriations and reappropriations, together with all
					 Federal funds under Title I of Public Law 90-351 and Public Law 90-445 advanced
					 to the Crime Control Planning Board or the Office of Crime Control Planning, to
					 the extent of remaining unexpended or unencumbered balances thereof whether
					 allocated or unallocated and whether obligated or unobligated, shall be
					 transferred to and made available for use by the Office of Planning Services
					 for the same purposes for which originally appropriated or advanced.
Signed: Nelson A. RockefellerDated: April 2, 1971
[FN*] [Amends Executive Order Nos. 31, 35 and 38,
					 supra.]
[FN[DAGGER]] [Revoked by Executive Order No. 74, infra.
					 ]