NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 914

HOUSE BILL 834

 

 

AN ACT TO AMEND THE GENERAL STATUTES RESPECTING THE APPOINTMENT AND REMOVAL OF THE DIRECTOR OF PROBATION; TO VEST IN THE DIRECTOR OF PROBATION ADMINISTRATIVE AND EXECUTIVE POWERS AND DUTIES RESPECTING THE STATE PROBATION SYSTEM AND THE AUTHORITY TO APPOINT AND DISCHARGE PROBATION PERSONNEL; TO CHANGE THE TITLES OF THE STATE BOARD OF CORRECTION AND TRAINING AND THE COMMISSIONER OF CORRECTION TO THAT OF STATE BOARD OF JUVENILE CORRECTION AND COMMISSIONER OF JUVENILE CORRECTION; TO VEST IN THE COMMISSIONER OF JUVENILE CORRECTION ADMINISTRATIVE AND EXECUTIVE POWERS AND DUTIES RESPECTING THE STATE INSTITUTIONS FOR THE CORRECTION OF DELINQUENT MINORS AND THE AUTHORITY TO APPOINT AND DISCHARGE PERSONNEL EMPLOYED BY THE STATE BOARD OF JUVENILE CORRECTION.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 15-202, paragraph two, as the same appears in the 1961 Cumulative Supplement to Recompiled Volume 1C of the General Statutes, is rewritten to read as follows: "The executive head of the State probation system shall be a Director of Probation appointed by the State Probation Commission, subject to the approval of the Governor. A Director shall be appointed on July 1, 1963, or as soon thereafter as practicable, for a term expiring July 1, 1966. Subsequent appointments to this office shall be made for a term of four (4) years, except those made to fill out an unexpired term in case of the death, resignation, or removal of a Director. The Director shall administer the affairs of the State probation system in accordance with controlling law under rules and regulations proposed by him and approved by the State Probation Commission. The Commission may remove the Director, with the consent and approval of the Governor, at any time after notice and hearing for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office. The salary of the Director of Probation shall be set by the Governor subject to the approval of the Advisory Budget Commission."

Sec. 2.  G.S. 15-203, paragraph one, as the same appears in the 1961 Cumulative Supplement to Recompiled Volume 1C of the General Statutes, is rewritten to read as follows: "The Director of Probation shall be responsible for the appointment, promotion, demotion, and discharge of other probation system personnel. The compensation and duties of other probation system personnel shall be determined by the Director of Probation in conformity with the provisions of the Executive Budget Act and the State Personnel Act."

Sec. 3.  Article 9 of Chapter 134 of the General Statutes is amended by striking out the name of the Article which appears as: "State Board of Correction and Training." and by inserting in lieu thereof the following: "State Board of Juvenile Correction."

Sec. 4.  In all instances where the words "State Board of Correction and Training" appear in Article 9 of Chapter 134 and elsewhere in the General Statutes, said words are striken out, and the words "State Board of Juvenile Correction" are inserted in lieu thereof, and in all instances in said Article 9 of Chapter 134 of the General Statutes where the words "Commissioner of Correction" appear, the same are stricken out, and the words "Commissioner of Juvenile Correction" are inserted in lieu thereof.

Sec. 5.  G.S. 134-96 is amended by adding the following sentence at the end of the first paragraph: "The administrative and executive powers and duties vested in the State Board of Juvenile Correction, including the authority to appoint, promote, demote, and discharge other personnel employed by the Board, shall be delegated to the Commissioner of Juvenile Correction, to be administered by him in accordance with controlling law under rules and regulations proposed by him and approved by the State Board of Juvenile Correction."

Sec. 6.  G.S. 15-203.1 and all other laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 7.  This Act shall become effective July 1, 1963.

In the General Assembly read three times and ratified, this the 13th day of June, 1963.