Chapter 01 - Criminal Justice Planning

Chapter 01 - Criminal Justice Planning

46.0101 Legislative declaration.


The Legislature finds and declares that:

(1) Crime and delinquency are complex social problems requiring the attention and efforts of the criminal justice system, and the people of American Samoa.

(2) The function of the criminal justice system must be coordinated more efficiently and effectively.

(3) Training, records, evaluation, technical assistance and public education must be en-couraged and focused on the improvement of the criminal justice system and the generation of new methods for the prevention and reduction of crime and delinquency.

46.0102 Creation-Composition-Staffing.


(a) There is within the executive branch the American Samoa Criminal Justice Planning Board which is under the jurisdiction of the Governor.

(b) The Board consists of 14 members appointed by the Governor. Members are selected from among residents of the Territory who are representative of the criminal justice system, including but not limited to: police agencies; the judiciary, prosecutorial and defense counsel; adult correctional and rehabilitative agencies, and juvenile justice agencies; elected officials; local government; public or private agencies related to the criminal justice system; and private citizens; and in compliance with the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, and other applicable federal acts. The chairman is selected by the Board from among its members. Members serve without compensation or other emoluments.

(c) Members shall serve for a 2-year term and may be reappointed; provided, that of the members first appointed, one-half serve a 2-year term and one-half serve a one-year term; and provided further, that the terms of those members who serve by virtue of the office they hold shall be concurrent with their service in the office from which they derive their membership.

(d) Should any member cease to be an officer or employee of the unit or agency he is appointed to represent, his membership on the board shall terminate immediately and a new member shall be appointed in the same manner as his predecessor to fill the unexpired term. Other vacancies occurring, except those by the expiration of a term, shall be filled for the balance of the unexpired term in the same manner as the original appointment within 30 days of the vacancy.

(e) The Governor appoints a Director, who serves at the pleasure of the Governor. Other staff personnel are employed in accordance with the career service and other applicable Territorial laws and regulations. The Director may contract for consulting services as may be necessary and authorized to carry out the purposes of this chapter.

46.0103 Meetings-Quorum-Committees-Rules.


(a) The Board shall meet quarterly, and at other times designated by the chairman.

(b) 7 members constitute a quorum.

(c) The Board may establish committees it considers advisable and proper.

(d) All meetings of the Board at which public business is discussed or final action is taken are open to the public.

(e) The Board shall adopt rules which govern its operations provided they are in accordance with 4.1001 et seq.

46.0104 Powers and duties.


The Board shall:

(1) serve as the Territorial Planning Agency under the Omnibus Crime Control and Safe Streets Act of 1968 and the Juvenile Justice and Delinquency Prevention Act of 1974 as amended, and other related federal acts;

(2) advise and assist the Governor in developing policies, plans, programs, and budgets for improving the coordination, administration and effectiveness of the criminal justice system in the Territory;

(3) prepare a Territorial Comprehensive Criminal Justice Plan on behalf of the Governor;

(4) establish goals, priorities, and standards for the reduction of crime and improvement of the administration of justice in the Territory;

(5) recommend legislation to the Governor and Legislature in the criminal justice field;

(6) monitor and evaluate programs and projects aimed at reducing crime and delinquency and improving the administration of justice;

(7) cooperate with and provide technical assistance to public and private agencies relating to the criminal justice system;

(8) apply for, contract for, receive, and expend for its purposes any appropriations or grant for the Territory, the Federal Government, or any other source public or private, in accordance with the appropriations process;

(9) have the authority to collect from any governmental entity information, data, reports, statistics, or other material which is necessary to carry out the board’s functions; and

(10) perform other duties as may be necessary to carry out the purposes of this chapter.