Public Safety

Suggeted State Legislation: This Uniform Act generally relating to interstate depositions and discovery:
• establishes procedures for requesting and issuing certain subpoenas;
• provides for the service of certain subpoenas;
• establishing that certain rules apply to certain subpoenas;
• requires an application for a protective order or to enforce, quash, or modify certain subpoenas comply with certain rules and statutes and be filed in a certain court; and
• requires certain consideration to be given in applying and construing this Uniform Act.

Suggested State Legislation: This Act makes it a felony for inmates to obtain money by defrauding people. The bill permits corrections staff to freeze all or a portion of an inmate’s account while investigating whether the inmate has committed inmate fraud or while a criminal case involving inmate fraud is pending against the inmate. It requires corrections staff to return money in the inmate’s account to the rightful owner if the inmate is convicted, and specifies that such money must be deposited in a Violent Crime Victims’ Compensation Fund if the rightful owner cannot be located.

Suggested State Legislation: This Act establishes a process to release inmates with certain medical conditions. The Act directs the state parole and probation commission to set reasonable conditions on medical release that will apply for any length of time determined by the commission through the date the inmate's sentence would have expired.

Suggested State Legislation: This Act is based on Michigan law. This Act:
• allows a judge or district court magistrate to order a defendant charged with a crime involving domestic violence, to carry or wear a global positioning system (GPS) device as a condition of release;

Suggested State Legislation: NetChoice is “A coalition of trade associations, ecommerce businesses, and online consumers, all of whom share the goal of promoting convenience, choice and commerce on the Net.” (see NetChoice developed a model law in 2008 based upon compilation of sections from legislation that has been passed in Colorado, Georgia, Indiana, Louisiana, Missouri and Virginia to empower parents, educate children and catch and control sexual predators on the Internet. The model Act is designed to create a comprehensive approach for empowering parents, protecting children and pursuing and controlling child predators on the Internet.

Suggested State Legislation: This SSL draft was originally based on legislation proposed by the National Institute of Justice. The bill outlines protocols law enforcement can adopt to handle missing person cases, identify human remains, and provide timely information to families of missing persons about the progress of their family members’ cases.

Suggested State Legislatoin: This Act prohibits a public or private employer from prohibiting a customer, employee, or invitee from possessing any legally owned firearm that is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot.

The growing number of death row inmates exonerated is prompting several states to reconsider capital punishment.New Jersey has abolished the death penalty completely. Commissions in other states have stopped short of recommending the death penalty be abolished and instead recommended a series of actions to prevent the possible conviction and execution of innocent people.

CSG South

In response to dwindling federal homeland security funds, states have been forced to devise and implement a range of innovative programs to enhance their security and response capabilities. Except for some anecdotal information, to date, there is little comprehensive data on these programs. Therefore, an examination of certain innovative state programs is instructive to other states as they seek to maximize use of the federal homeland security grants awarded to them.

The first part of this report is an examination of the federal funding for state projects through the Homeland Security Grant Program from fiscal years 2002 to 2007. The second part examines the particular public safety repercussions resulting from diminished federal homeland security funding. The final section of this report is an analysis of the information received from states regarding innovative homeland security and emergency management programs enacted in recent years to contend with the cutbacks in federal funding levels.

BE IT THEREFORE RESOLVED, that The Council of State Governments strongly urges Congress to restore funding to the Byrne Justice Assistance Grant program to the Fiscal Year 2007 level of $520 million, at a minimum; and
BE IT THEREFORE FURTHER RESOLVED, that The Council of State Governments supports full funding in future years for this critical anti-crime program at its authorized level of $1.095 billion.