MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary; Juvenile Justice

By: Senator(s) Johnson (19th)

AN ACT TO AMEND SECTION 9-9-1, MISSISSIPPI CODE OF 1972, TO REVISE THE COUNTY COURTS IN CERTAIN COUNTIES; TO AMEND SECTION 9-9-5, MISSISSIPPI CODE OF 1972, TO REVISE THE QUALIFICATION, ELECTION, TERM OF OFFICE AND FILLING OF VACANCIES OF THE OFFICE OF COUNTY COURT JUDGE; TO AMEND SECTION 9-9-11, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPENSATION OF THE OFFICE OF COUNTY COURT JUDGE; TO AMEND SECTIONS 23-15-975, 23-15-977 AND 25-3-25, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO AMEND SECTION 9-1-19, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY OF JUDGES TO GRANT REMEDIAL WRITS; TO AMEND SECTION 9-1-25, MISSISSIPPI CODE OF 1972, TO INCLUDE COUNTY COURT JUDGES AMONG THOSE WHO ARE NOT TO PRACTICE LAW; TO AMEND SECTION 9-1-35, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COUNTY COURT TO OBTAIN A SEAL; TO AMEND SECTION 9-1-36, MISSISSIPPI CODE OF 1972, TO INCLUDE COUNTY COURT JUDGES AMONG THOSE FOR WHOM AN OFFICE ALLOWANCE IS APPROPRIATED; TO AMEND SECTION 9-9-19, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE HOLDING OF COUNTY COURT IN CERTAIN COUNTIES; TO AMEND SECTIONS 9-9-21, 43-21-107, 43-21-117, 43-21-123, 9-13-17 AND 9-13-61, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO AMEND SECTION 43-21-111, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CERTAIN STATE FUNDING OF YOUTH COURT REFEREES IN COUNTIES NOT HAVING A COUNTY COURT; TO PROVIDE FOR THE ABOLITION OF ALL FAMILY COURTS AND MUNICIPAL YOUTH COURTS AND PROVIDE FOR THE AUTOMATIC TRANSFER OF CASES THEREFROM; TO REPEAL SECTION 9-9-3, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ESTABLISHMENT OF A COUNTY COURT BY AGREEMENT BETWEEN TWO OR MORE COUNTIES; TO REPEAL SECTION 9-9-13, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES CERTAIN MUNICIPALITIES TO SUPPLEMENT THE SALARIES OF COUNTY JUDGES; TO REPEAL SECTION 9-9-14, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES TWO COUNTY JUDGESHIPS FOR HARRISON COUNTY; TO REPEAL SECTION 9-9-15, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THREE COUNTY JUDGESHIPS FOR HINDS COUNTY; TO REPEAL SECTION 9-9-16, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES TWO COUNTY JUDGESHIPS FOR WASHINGTON COUNTY; TO REPEAL SECTION 9-9-17, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES TWO COUNTY JUDGESHIPS FOR JACKSON COUNTY; TO REPEAL SECTION 9-9-9, MISSISSIPPI CODE OF 1972, WHICH RESTRICTS THE PRACTICE OF LAW BY A COUNTY COURT JUDGE; TO REPEAL SECTION 9-9-37, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ESTABLISHMENT OR ABOLITION OF COUNTY COURTS; TO REPEAL SECTION 9-9-39, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR TRANSFER OF PENDING MATTERS IN ANY COUNTY COURT THAT MAY BE ABOLISHED; TO REPEAL SECTION 9-9-41, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ABOLITION OF COUNTY COURTS IN CERTAIN COUNTIES; TO REPEAL SECTION 9-9-43, MISSISSIPPI CODE OF 1972, WHICH REQUIRES LEGISLATIVE ACTION OR ELECTION FOR ABOLITION OF COUNTY COURTS IN CERTAIN COUNTIES; TO REPEAL SECTION 9-9-45, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE ESTABLISHMENT OR ABOLITION OF COUNTY COURTS UNDER CERTAIN CIRCUMSTANCES; TO REPEAL SECTIONS 43-23-1 THROUGH 43-23-55, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE ESTABLISHMENT AND OPERATION OF FAMILY COURTS; TO AMEND SECTION 43-21-157, MISSISSIPPI CODE OF 1972, TO CORRECT AN ERROR IN THE INTERNAL CODAL REFERENCES; TO AMEND SECTION 43-21-159, MISSISSIPPI CODE OF 1972, TO REVISE YOUTH COURT JURISDICTION; TO AMEND SECTION 43-27-20, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT YOUTH COURT COUNSELORS SHALL RESIDE IN THEIR RESPECTIVE DISTRICTS EXCEPT UPON THE APPROVAL OF THE DIRECTOR OF THE DIVISION OF COMMUNITY SERVICES; TO AMEND SECTION 43-21-257, MISSISSIPPI CODE OF 1972, TO TRANSFER THE RESPONSIBILITY FOR COMPILING THE ANNUAL YOUTH COURT STATISTICAL REPORT FROM THE DIVISION OF YOUTH SERVICES TO THE ADMINISTRATIVE OFFICE OF COURTS; TO AMEND SECTION 43-27-22, MISSISSIPPI CODE OF 1972, TO CLARIFY THE ADMINISTRATIVE RESPONSIBILITY OF THE DIRECTOR OF THE DIVISION OF YOUTH SERVICES REGARDING THE OFFICE OF JUVENILE CORRECTIONAL INSTITUTIONS; TO ESTABLISH THE POSITION OF INSTITUTIONAL ADMINISTRATOR; TO AMEND SECTION 43-27-201, MISSISSIPPI CODE OF 1972, TO INCREASE THE NUMBER OF ADOLESCENT OFFENDER PROGRAM (AOP) SITES AND REGIONAL AFTER-CASE FACILITIES MAINTAINED AND OPERATED THROUGHOUT THE STATE BY THE DIVISION OF YOUTH SERVICES OF THE DEPARTMENT OF HUMAN SERVICES; TO CREATE THE JUVENILE REGIMENTED INMATE DISCIPLINE PROGRAM; TO DEFINE THE WORDS "JUVENILE" AND "CHILD"; TO PROHIBIT CHILDREN FROM BEING HOUSED WITH ADULT OFFENDERS; TO PROVIDE THAT ANY COUNTY IN WHICH A CHILD IS SENTENCED TO THE PROGRAM SHALL PAY FIFTY PERCENT OF THE COST OF THE CHILD'S PARTICIPATION IN THE PROGRAM; TO AMEND SECTIONS 37-19-29 AND 37-19-45, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF EDUCATION TO DIVERT, TO THE DEPARTMENT OF CORRECTIONS FOR THE JUVENILE REGIMENTED INMATE DISCIPLINE PROGRAM, THE AMOUNT OF THE AVERAGE DAILY ATTENDANCE DOLLARS ALLOTTED TO A SCHOOL DISTRICT FOR ANY CHILD SENTENCED TO THE PROGRAM; TO AMEND SECTION 43-21-605, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE YOUTH COURT TO SENTENCE ANY CHILD ADJUDICATED DELINQUENT TO THE JUVENILE REGIMENTED INMATE PROGRAM; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 9-9-1, Mississippi Code of 1972, is amended as follows:

9-9-1. (1) There shall be an inferior court to be known as the county court in and for each of the following counties:

Adams County;

Bolivar County;

DeSoto County;

Forrest County;

Hancock County;

Harrison County;

Hinds County;

Jackson County;

Jones County;

Lauderdale County;

Lee County;

Leflore County;

Lowndes County;

Madison County;

Pike County;

Rankin County;

Warren County;

Washington County; and

Yazoo County.

(2)(a) Except as provided in paragraph (b) of this subsection, there shall be one (1) county court judge for each county court district.

(b) There shall be two (2) county court judges for the county court of Jackson County, two (2) county court judges for the county court of Rankin County, two (2) county court judges for the county court of Washington County, three (3) county court judges for the county court of Harrison County, and three (3) county court judges for the county court of Hinds County.

SECTION 2. Section 9-9-5, Mississippi Code of 1972, is amended as follows:

9-9-5. * * * The county judge shall possess all of the qualifications of a circuit judge as prescribed by the Mississippi Constitution. * * * The county judge shall be elected by the qualified electors of his county at the time and in the manner as circuit judges are elected and he shall hold office for the same term. Vacancies in the office of county judge shall be filled in the same manner as vacancies in the office of circuit judge.

SECTION 3. Section 9-9-11, Mississippi Code of 1972, is amended as follows:

9-9-11. * * * The county court judge shall receive an annual salary payable monthly out of the State General Fund in the amount of One Thousand Dollars ($1,000.00) less than the annual salary which is now or shall hereafter be provided for circuit and chancery judges of this state, * * * provided, however, that the salary of such judge shall not be reduced during his term of office. * * * The office of county court judge * * * shall be a full-time position, and the holder thereof shall not otherwise engage in the practice of law.

SECTION 4. Section 25-3-25, Mississippi Code of 1972, is amended as follows:

25-3-25. (1) Except as otherwise provided in subsections (2) and (3), the salaries of sheriffs of the various counties are hereby fixed as full compensation for their services.

The annual salary for each sheriff shall be based upon the total population of his county according to the latest federal decennial census in the following categories and for the following amounts; however, no sheriff shall be paid less than the salary authorized under this section to be paid the sheriff based upon the population of the county according to the 1980 federal decennial census:

(a) For counties with a total population of more than two hundred thousand (200,000), a salary of Fifty-three Thousand Two Hundred Dollars ($53,200.00).

(b) For counties with a total population of more than one hundred thousand (100,000) and not more than two hundred thousand (200,000), a salary of Fifty-two Thousand Dollars ($52,000.00).

(c) For counties with a total population of more than forty-five thousand (45,000) and not more than one hundred thousand (100,000), a salary of Fifty Thousand Eight Hundred Dollars ($50,800.00).

(d) For counties with a total population of more than thirty-four thousand (34,000) and not more than forty-five thousand (45,000), a salary of Forty-nine Thousand Six Hundred Dollars ($49,600.00).

(e) For counties with a total population of more than twenty-five thousand (25,000) and not more than thirty-four thousand (34,000), a salary of Forty-seven Thousand Two Hundred Dollars ($47,200.00).

(f) For counties with a total population of more than fifteen thousand (15,000) and not more than twenty-five thousand (25,000), a salary of Forty-four Thousand Eight Hundred Dollars ($44,800.00).

(g) For counties with a total population of more than nine thousand five hundred (9,500) and not more than fifteen thousand (15,000), a salary of Forty-two Thousand Four Hundred Dollars ($42,400.00).

(h) For counties with a total population of more than seven thousand five hundred (7,500) and not more than nine thousand five hundred (9,500), a salary of Forty Thousand Dollars ($40,000.00).

(i) For counties with a total population of not more than seven thousand five hundred (7,500), a salary of Thirty-seven Thousand Six Hundred Dollars ($37,600.00).

(2) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Leflore County may, in its discretion, pay an annual supplement to the sheriff of the county in an amount not to exceed Ten Thousand Dollars ($10,000.00). The Legislature finds and declares that the annual supplement authorized by this subsection is justified in such county for the following reasons:

(a) The Mississippi Department of Corrections operates and maintains a restitution center within the county;

(b) The Mississippi Department of Corrections operates and maintains a community work center within the county;

(c) There is a resident circuit court judge in the county whose office is located at the Leflore County Courthouse;

(d) There is a resident chancery court judge in the county whose office is located at the Leflore County Courthouse;

(e) The Magistrate for the Fourth Circuit Court District is located in the county and maintains his office at the Leflore County Courthouse;

(f) The Region VI Mental Health-Mental Retardation Center, which serves a multicounty area, calls upon the sheriff to provide security for out-of-town mental patients, as well as patients from within the county;

(g) The increased activity of the Child Support Division of the Department of Human Services in enforcing in the courts parental obligations has imposed additional duties on the sheriff; and

(h) The dispatchers of the enhanced E-911 system in place in Leflore County has been placed under the direction and control of the sheriff.

(3) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Rankin County may, in its discretion, pay an annual supplement to the sheriff of the county in an amount not to exceed Ten Thousand Dollars ($10,000.00). The Legislature finds and declares that the annual supplement authorized by this subsection is justified in such county for the following reasons:

(a) The Mississippi Department of Corrections operates and maintains the Central Mississippi Correctional Facility within the county;

(b) The State Hospital is operated and maintained within the county at Whitfield;

(c) Hudspeth Regional Center, a facility maintained for the care and treatment of the mentally retarded, is located within the county;

(d) The Mississippi Law Enforcement Officers Training Academy is operated and maintained within the county;

(e) The State Fire Academy is operated and maintained within the county;

(f) The Pearl River Valley Water Supply District, ordinarily known as the "Reservoir District," is located within the county;

(g) The Jackson International Airport is located within the county;

(h) The patrolling of the state properties located within the county has imposed additional duties on the sheriff; and

(i) The sheriff, in addition to providing security to the nearly one hundred thousand (100,000) residents of the county, has the duty to investigate, solve and assist in the prosecution of any misdemeanor or felony committed upon any state property located in Rankin County.

(4) The salaries herein provided shall be payable monthly on the first day of each calendar month by chancery clerk's warrant drawn on the general fund of the county.

(5) The salary of a sheriff shall not be reduced during his term of office as a result of a population decrease based upon the 1990 federal decennial census.

SECTION 5. Section 23-15-975, Mississippi Code of 1972, is amended as follows:

23-15-975. As used in Sections 23-15-974 through 23-15-985 of this subarticle, the term "judicial office" includes the office of justice of the Supreme Court, judge of the Court of Appeals, circuit judge, chancellor and county court judge * * *. All such justices and judges shall be full-time positions and such justices and judges shall not engage in the practice of law before any court, administrative agency or other judicial or quasi-judicial forum except as provided by law for finalizing pending cases after election to judicial office.

SECTION 6. Section 23-15-977, Mississippi Code of 1972, is amended as follows:

23-15-977. * * * All candidates for judicial office as defined in Section 23-15-975 of this subarticle shall file their intent to be a candidate with the State Board of Election Commissioners not later than the first Friday after the first Monday in May prior to the general election for judicial office and shall pay * * * the following amounts:

(a) Candidates for Supreme Court judge and Court of Appeals, the sum of Two Hundred Dollars ($200.00).

(b) Candidates for circuit judge, county judge and chancellor, the sum of One Hundred Dollars ($100.00).

SECTION 7. Section 9-1-19, Mississippi Code of 1972, is amended as follows:

9-1-19. The judges of the Supreme, * * * circuit and county courts, and chancellors and judges of the Court of Appeals, in termtime and in vacation, may severally order the issuance of writs of habeas corpus, mandamus, certiorari, supersedeas and attachments, and grant injunctions and all other remedial writs, in all cases where the same may properly be granted according to right and justice, returnable to any court, whether the suit or proceedings be pending in the district of the judge or chancellor granting the same or not. The fiat of such judge or chancellor shall authorize the issuance of the process for a writ returnable to the proper court or before the proper officer; and all such process or writs may be granted, issued and executed on Sunday.

SECTION 8. Section 9-1-25, Mississippi Code of 1972, is amended as follows:

9-1-25. It shall not be lawful for any judge of the Supreme Court, Court of Appeals or a judge of the circuit or county court, or a chancellor to exercise the profession or employment of an attorney or counsellor at law, or to be engaged in the practice of law; and any person offending against this prohibition shall be guilty of a high misdemeanor and be removed from office; but this shall not prohibit a chancellor, * * * circuit judge, county judge or a judge of the Court of Appeals from practicing in any of the courts for a period of six (6) months from the time such judges or chancellors assume office so far as to enable them to bring to a conclusion cases actually pending when they were appointed or elected in which such chancellor or judge was then employed, nor shall a judge of the Supreme Court be hindered from appearing in the courts of the United States in any case in which he was engaged when he was appointed or elected judge.

SECTION 9. Section 9-1-35, Mississippi Code of 1972, is amended as follows:

9-1-35. The clerk of the Supreme Court and of the Court of Appeals, at the expense of the state, and the clerk of every circuit, county and chancery court, at the expense of the county, shall keep a seal, with the style of the court around the margin and the image of an eagle in the center.

SECTION 10. Section 9-1-36, Mississippi Code of 1972, is amended as follows:

9-1-36. (1) Each circuit judge, county judge and chancellor shall receive an office operating allowance for the expenses of operating the office of such judge, including retaining a law clerk, legal research, stenographic help, stationery, stamps, furniture, office equipment, telephone, office rent and other items and expenditures necessary and incident to maintaining the office of judge. Such allowance shall be paid only to the extent of actual expenses incurred by any such judge as itemized and certified by such judge to the Supreme Court and then in an amount of not more than Four Thousand Dollars ($4,000.00) per annum; however, such judge may expend sums in excess thereof from the compensation otherwise provided for his office. No part of this expense or allowance shall be used to pay an official court reporter for services rendered to said court.

(2) In addition to the amounts provided for in subsection (1), there is hereby created a separate office allowance fund for the purpose of providing support staff to judges. This fund shall be managed by the Administrative Office of Courts.

(3) Each judge who desires to employ or continue to employ support staff after July 1, 1994, shall make application to the Administrative Office of Courts by submitting to the Administrative Office of Courts a proposed personnel plan setting forth what support staff is deemed necessary. Such plan may be submitted by a single judge or by any combination of judges desiring to share support staff. In the process of the preparation of the plan, the judges, at their request, may receive advice, suggestions, recommendations and other assistance from the Administrative Office of Courts. The Administrative Office of Courts must approve the positions, job descriptions and salaries before the positions may be filled. The Administrative Office of Courts shall not approve any plan which does not first require the expenditure of the funds in the support staff fund for compensation of any of the support staff before expenditure is authorized of county funds for that purpose. Upon approval by the Administrative Office of Courts, the judge or judges may appoint the employees to the position or positions, and each employee so appointed will work at the will and pleasure of the judge or judges who appointed him but will be employees of the Administrative Office of Courts. Upon approval by the Administrative Office of Courts, the appointment of any support staff shall be evidenced by the entry of an order on the minutes of the court. When support staff is appointed jointly by two (2) or more judges, the order setting forth any appointment shall be entered on the minutes of each participating court.

(4) The Administrative Office of Courts shall develop and promulgate minimum qualifications for the certification of court administrators. Any court administrator appointed on or after October 1, 1996, shall be required to be certified by the Administrative Office of Courts.

(5) Support staff shall receive compensation pursuant to personnel policies established by the Administrative Office of Courts; however, from and after July 1, 1994, the Administrative Office of Courts shall allocate from the support staff fund an amount not to exceed Forty Thousand Dollars ($40,000.00) per fiscal year (July 1 through June 30) per judge for whom support staff is approved for the funding of support staff assigned to a judge or judges. Any employment pursuant to this subsection shall be subject to the provisions of Section 25-1-53.

The Administrative Office of Courts may approve expenditure from the fund for additional equipment for support staff appointed pursuant to this section in any year in which the allocation per judge is sufficient to meet the equipment expense after provision for the compensation of the support staff.

(6) For the purposes of this section, the following terms shall have the meaning ascribed herein unless the context clearly requires otherwise:

(a) "Judges" means circuit judges, county judges and chancellors, or any combination thereof;

(b) "Support staff" means court administrators, law clerks, legal research assistants or secretaries, youth court intake personnel, or any combination thereof, but shall not mean school attendance officers;

(c) "Compensation" means the gross salary plus all amounts paid for benefits or otherwise as a result of employment or as required by employment; provided, however, that only salary earned for services rendered shall be reported and credited for Public Employees' Retirement System purposes. Amounts paid for benefits or otherwise, including reimbursement for travel expenses, shall not be reported or credited for retirement purposes.

(7) Title to all tangible property, excepting stamps, stationery and minor expendable office supplies, procured with funds authorized by this section, shall be and forever remain in the State of Mississippi to be used by the * * * judge * * * during the term of his office and thereafter by his successors.

(8) Any * * * judge * * * who did not have a primary office provided by the county on March 1, 1988, shall be allowed an additional Four Thousand Dollars ($4,000.00) per annum to defray the actual expenses incurred by such judge * * * in maintaining an office; however, any * * * judge * * * who had a primary office provided by the county on March 1, 1988, and who vacated the office space after such date for a legitimate reason, as determined by the Department of Finance and Administration, shall be allowed the additional office expense allowance provided under this subsection.

(9) The Supreme Court, through the Administrative Office of Courts, shall submit to the Department of Finance and Administration the itemized and certified expenses for office operating allowances that are directed to the court pursuant to this section.

(10) The Supreme Court, through the Administrative Office of Courts, shall have the power to adopt rules and regulations regarding the administration of the office operating allowance authorized pursuant to this section.

SECTION 11. Section 9-9-19, Mississippi Code of 1972, is amended as follows:

9-9-19. * * * A term of court shall be held in the county courthouse of the county, beginning on the second Monday of each month and continuing so long as may be necessary; but in counties where there are two (2) circuit court districts the county court shall meet alternately in the two (2) districts in the county courthouse in the same month and in the same district as the board of supervisors of said county holds its meetings. Provided that in the County of Jones, a county having two (2) judicial districts, that a term shall be held in the second judicial district of said county on the second Monday of each month; and provided that in the first judicial district a term shall be held on the fourth Monday of January, the fourth Monday of March, the fourth Monday of April, the fourth Monday of June and the fourth Monday of October. Provided that in the County of Hinds, a county having two (2) judicial districts, a term shall be held in the first judicial district on the second Monday of each month and in the second judicial district on the second Monday of March, June, September and December, and provided further that, when such terms are held concurrently, either of the county judges of Hinds County may be assigned to hold all or any part of such terms in either of the two (2) judicial districts. Provided, further, that in the County of Bolivar, a county having two (2) judicial districts, a term shall be held in the first judicial district on the second Monday of April, August and December, and in the second judicial district on the second Monday of January, February, March, May, June, July, September, October and November. Provided, however, that in the County of Harrison, a county having two (2) county judges and two (2) judicial districts, that a term shall be held in each judicial district concurrently each month. Provided, however, that the judge of the county court for good cause shown may, by order spread on the minutes of the county court, designate some place other than the county courthouse for the holding of such term of the county court as may be designated in said order. The county judge may call a special term of the county court upon giving ten (10) days' notice, and such notice shall be given by posting the same at the front door of the courthouse in said county and by the publication of said notice for one insertion in some newspaper of general circulation in the county.

SECTION 12. Section 9-9-21, Mississippi Code of 1972, is amended as follows:

9-9-21. * * * The jurisdiction of the county court shall be as follows: It shall have jurisdiction concurrent with the justice court in all matters, civil and criminal of which the justice court has jurisdiction; and it shall have jurisdiction concurrent with the circuit and chancery courts in all matters of law and equity wherein the amount of value of the thing in controversy shall not exceed, exclusive of costs and interest, the sum of Fifty Thousand Dollars ($50,000.00), and the jurisdiction of the county court shall not be affected by any setoff, counterclaim or cross-bill in such actions where the amount sought to be recovered in such setoff, counterclaim or cross-bill exceeds Fifty Thousand Dollars ($50,000.00). Provided, however, the party filing such setoff, counterclaim or cross-bill which exceeds Fifty Thousand Dollars ($50,000.00) shall give notice to the opposite party or parties as provided in Section 13-3-83, and on motion of all parties filed within twenty (20) days after the filing of such setoff, counterclaim or cross-bill, the county court shall transfer the case to the circuit or chancery court wherein the county court is situated and which would otherwise have jurisdiction. It shall have exclusively the jurisdiction heretofore exercised by the justice court in the following matters and causes: namely, eminent domain, the partition of personal property, and actions of unlawful entry and detainer, provided that the actions of eminent domain and unlawful entry and detainer may be returnable and triable before the judge of said court in vacation. The county court shall exercise the jurisdiction of the youth court.

SECTION 13. Section 43-21-107, Mississippi Code of 1972, is amended as follows:

43-21-107. (1) * * * A youth court division is hereby created as a division of the county court of each county now or hereafter having a county court * * *, and the county judge shall be the judge of the youth court unless another judge is named by the county judge as provided by this chapter.

(2) A youth court division is hereby created as a division of the chancery court of each county in which no county court * * * is maintained and any chancellor within a chancery court district shall be the judge of the youth court of that county within such chancery court district unless another judge is named by the senior chancellor of the county or chancery court district as provided by this chapter.

SECTION 14. Section 43-21-111, Mississippi Code of 1972, is amended as follows:

43-21-111. (1) In any county not having a county court, * * * the chancellor may appoint as provided in Section 43-21-123 youth court referees who shall be attorneys at law and members of the bar in good standing to act in cases concerning children within the jurisdiction of the youth court, and a youth court referee shall serve at the will and pleasure of the chancellor and shall hold office until removed by the chancellor. The requirement that youth court referees appointed pursuant to this subsection be attorneys shall apply only to youth court referees who were not first appointed youth court referees prior to July 1, 1991. The youth court referees shall be employees of the Administrative Office of Courts.

(2) Any referee appointed pursuant to subsection (1) of this section shall be required to receive judicial training from the Mississippi Judicial College and shall be required to receive regular annual continuing education in the field of juvenile justice. The Mississippi Judicial College shall determine the amount of judicial training and continuing education which shall be satisfactory to fulfill the requirements of this section, and shall report attendance to the Administrative Office of Courts. The Administrative Office of Courts shall maintain records of compliance with the continuing education requirements and shall not disburse funds to any youth court referee nor to any county for the budget of a youth court referee who is not in compliance with the judicial training requirements.

(3) The judge may direct that hearings in any case or class of cases be conducted in the first instance by the referee. The judge may also delegate his own administrative responsibilities to the referee.

(4) All hearings authorized to be heard by a referee shall proceed in the same manner as hearings before the youth court judge. A referee shall possess all powers and perform all the duties of the youth court judge in the hearings authorized to be heard by the referee.

(5) An order entered by the referee shall be mailed immediately to all parties and their counsel. A rehearing by the judge shall be allowed if any party files a written motion for a rehearing or on the court's own motion within three (3) days after notice of referee's order. The youth court may enlarge the time for filing a motion for a rehearing for good cause shown. Any rehearing shall be upon the record of the hearing before the referee, but additional evidence may be admitted in the discretion of the judge. A motion for a rehearing shall not act as a supersedeas of the referee's order, unless the judge shall so order.

(6) The salary for the referee shall be based on a formula established by the Administrative Office of Courts which shall take into account the youth court's caseload. The salary for a referee serving in one (1) county shall not exceed the salary of a member of the board of supervisors of that county. The salary of a referee serving two (2) or more counties shall not exceed an amount equal to the combined salaries of one (1) member of the board of supervisors of the two (2) highest paid boards of supervisors of the counties served by that referee.

(7) * * * The judge of the chancery court may appoint a suitable person as referee to two (2) or more counties within his district * * *.

(8) Each chancellor or youth court referee annually shall make application to the Administrative Office of Courts for available referee support funds by submitting to the Administrative Office of Courts a budget for the operation of the youth court. The youth court referee's salary shall be one (1) item of the budget. The Administrative Office of Courts shall review the applications and shall fund the youth court budget in accordance with its caseload formula and subject to the salary cap set forth in subsection (6).

SECTION 15. Section 43-21-117, Mississippi Code of 1972, is amended as follows:

43-21-117. (1) The youth court prosecutor shall represent the petitioner in all proceedings in the youth court.

(2) The county prosecuting attorney shall serve as the youth court prosecutor; however, if funds are available pursuant to Section 43-21-123, the court may designate, as provided in subsection (3) of this section, a prosecutor or prosecutors in lieu of or in addition to the county prosecuting attorney. * * * The district attorney may participate in transfer proceedings.

(3) The judge may designate as provided in Section 43-21-123 some suitable attorney or attorneys to serve as youth court prosecutor or prosecutors in lieu of or in conjunction with the youth court prosecutor provided in subsection (2) of this section. The designated youth court prosecutor or prosecutors shall be paid a fee or salary fixed on order of the judge as provided in Section 43-21-123 and shall be paid by the county out of any available funds budgeted for the youth court by the board of supervisors * * *.

SECTION 16. Section 43-21-123, Mississippi Code of 1972, is amended as follows:

43-21-123. Except for expenses provided by state funds and/or other monies, the board of supervisors * * * shall adequately provide funds for the operation of the youth court division of the chancery court in conjunction with the regular chancery court budget, or the county * * * courts where said courts are constituted. In preparation for said funding, on an annual basis at the time requested, the youth court judge or administrator shall prepare and submit to the board of supervisors * * * an annual budget which will identify the number, staff position, title and amount of annual or monthly compensation of each position as well as provide for other expenditures necessary to the functioning and operation of the youth court. When the budget of the youth court or youth court judge is approved by the board of supervisors * * *, then the youth court or youth court judge may employ such persons as provided in the budget from time to time.

The board of supervisors of any county in which there is located a youth court * * * is authorized to reimburse the youth court judges and other youth court employees or personnel for reasonable travel and expenses incurred in the performance of their duties and in attending educational meetings offering professional training to such persons as budgeted.

SECTION 17. Section 9-13-17, Mississippi Code of 1972, is amended as follows:

9-13-17. The circuit judge, chancellor * * * or county judge may, by an order spread upon the minutes and made a part of the records of the court, appoint an additional court reporter for a term or part of a term whose duties, qualifications and compensation shall be the same as is now provided by law for official court reporters. The additional court reporter shall be subject to the control of the judge or chancellor, as is now provided by law for official court reporters, and the judge or chancellor shall have the additional power to terminate the appointment of such additional court reporter, whenever in his opinion the necessity for such an additional court reporter ceases to exist, by placing upon the minutes of the court an order to that effect. The regular court reporter shall not draw any compensation while the assistant court reporter alone is serving; however, in the event the assistant court reporter is serving because of the illness of the regular court reporter, the court may authorize payment of said assistant court reporter from the Administrative Office of Courts without diminution of the salary of the regular court reporter, for a period not to exceed forty-five (45) days in any one (1) calendar year. However, in any circuit, chancery or county * * * court district within the State of Mississippi, if the judge or chancellor shall determine that in order to relieve the continuously crowded docket in such district, or for other good cause shown, the appointment of an additional court reporter is necessary for the proper administration of justice, he may, with the advice and consent of the board of supervisors if the court district is composed of a single county and with the advice and consent of at least one-half (1/2) of the boards of supervisors if the court district is composed of more than one (1) county, by an order spread upon the minutes and made a part of the records of the court, appoint an additional court reporter. The additional court reporter shall serve at the will and pleasure of the judge or chancellor, may be a resident of any county of the state, and shall be paid a salary designated by the judge or chancellor not to exceed the salary authorized by Section 9-13-19. The salary of the additional court reporter shall be paid by the Administrative Office of Courts, as provided in Section 9-13-19; and mileage shall be paid to the additional court reporter by the county as provided in the same section. The office of such additional court reporter appointed under this section shall not be abolished or compensation reduced during the term of office of the appointing judge or chancellor without the consent and approval of the appointing judge or chancellor.

SECTION 18. Section 9-13-61, Mississippi Code of 1972, is amended as follows:

9-13-61. There shall be an official court reporter for each county * * * court judge in the State of Mississippi, to be appointed by such judge, for the purpose of performing the necessary and required stenographic work of the court or division thereof over which the appointing judge is presiding, said work to be performed under the direction of such judge and in the same manner and to the same effect as is provided in the chapter on court reporting.

 * * * The reporters of said courts may, at the discretion of the board or boards of supervisors, receive a monthly salary equal to that of the reporter of the circuit court district wherein the county lies, the same to be paid monthly by the county out of its general fund.

SECTION 19. Section 9-9-3, Mississippi Code of 1972, which provides for the establishment of a county court by agreement between two (2) or more counties, is repealed.

SECTION 20. Section 9-9-9, Mississippi Code of 1972, which restricts the practice of law by a county court judge, is repealed.

SECTION 21. Section 9-9-13, Mississippi Code of 1972, which authorizes the governing body of certain municipalities to supplement the salaries of county judicial officers, is repealed.

SECTION 22. Section 9-9-14, Mississippi Code of 1972, which authorizes two (2) county judgeships for Harrison County, is repealed.

SECTION 23. Section 9-9-15, Mississippi Code of 1972, which authorizes three (3) county judgeships for Hinds County, is repealed.

SECTION 24. Section 9-9-16, Mississippi Code of 1972, which authorizes two (2) county judgeships for Washington County, is repealed.

SECTION 25. Section 9-9-17, Mississippi Code of 1972, which authorizes two (2) county judgeships for Jackson County, is repealed.

SECTION 26. Section 9-9-37, Mississippi Code of 1972, which provides for the establishment or abolition of county courts, is repealed.

SECTION 27. Section 9-9-39, Mississippi Code of 1972, which provides for transfer of pending matters in any county court that may be abolished, is repealed.

SECTION 28. Section 9-9-41, Mississippi Code of 1972, which provides for the abolition of county courts in certain counties, is repealed.

SECTION 29. Section 9-9-43, Mississippi Code of 1972, which requires legislation action or election for abolition of county courts in certain counties, is repealed.

SECTION 30. Section 9-9-45, Mississippi Code of 1972, which requires the establishment or abolition of county courts under certain circumstances, is repealed.

SECTION 31. All family courts are abolished from and after January 1, 1999. All matters pending in any family court abolished shall be transferred to the county court of the county wherein the family court was located without the necessity for any motion or order of court for such transfer.

All municipal youth courts are abolished from and after January 1, 1999. All matters pending in any municipal youth court abolished shall be transferred to the county court of the county wherein the municipal youth court was located without the necessity for any motion or order of court for such transfer.

SECTION 32. Sections 43-23-1, 43-23-3, 43-23-5, 43-23-7, 43-23-9, 43-23-11, 43-23-13, 43-23-15, 43-23-17, 43-23-19, 43-23-21, 43-23-23, 43-23-25, 43-23-27, 43-23-29, 43-23-31, 43-23-33, 43-23-35, 43-23-37, 43-23-39, 43-23-41, 43-23-43, 43-23-45, 43-23-47, 43-23-49, 43-23-51, 43-23-53 and 43-23-55, Mississippi Code of 1972, which provide for the establishment and operation of family courts, are repealed from and after January 1, 1999.

SECTION 33. Section 43-21-157, Mississippi Code of 1972, is amended as follows:

43-21-157. (1) If a child who has reached his thirteenth birthday is charged by petition to be a delinquent child, the youth court, either on motion of the youth court prosecutor or on the youth court's own motion, after a hearing as hereinafter provided, may, in its discretion, transfer jurisdiction of the alleged offense described in the petition or a lesser included offense to the criminal court which would have trial jurisdiction of such offense if committed by an adult. The child shall be represented by counsel in transfer proceedings.

(2) A motion to transfer shall be filed on a day prior to the date set for the adjudicatory hearing but not more than ten (10) days after the filing of the petition. The youth court may order a transfer study at any time after the motion to transfer is filed. The transfer study and any other social record which the youth court will consider at the transfer hearing shall be made available to the child's counsel prior to the hearing. Summons shall be served in the same manner as other summons under this chapter with a copy of the motion to transfer and the petition attached thereto.

(3) The transfer hearing shall be bifurcated. At the transfer hearing, the youth court shall first determine whether probable cause exists to believe that the child committed the alleged offense. For the purpose of the transfer hearing only, the child may, with the assistance of counsel, waive the determination of probable cause.

(4) Upon such a finding of probable cause, the youth court may transfer jurisdiction of the alleged offense and the youth if the youth court finds by clear and convincing evidence that there are no reasonable prospects of rehabilitation within the juvenile justice system.

(5) The factors which shall be considered by the youth court in determining the reasonable prospects of rehabilitation within the juvenile justice system are:

(a) Whether or not the alleged offense constituted a substantial danger to the public;

(b) The seriousness of the alleged offense;

(c) Whether or not the transfer is required to protect the community;

(d) Whether or not the alleged offense was committed in an aggressive, violent, premeditated or willful manner;

(e) Whether the alleged offense was against persons or against property, greater weight being given to the offense against persons, especially if personal injury resulted;

(f) The sophistication, maturity and educational background of the child;

(g) The child's home situation, emotional condition and life style;

(h) The history of the child, including experience with the juvenile justice system, other courts, probation, commitments to juvenile institutions or other placements;

(i) Whether or not the child can be retained in the juvenile justice system long enough for effective treatment or rehabilitation;

(j) The dispositional resources available to the juvenile justice system;

(k) Dispositional resources available to the adult correctional system for the child if treated as an adult;

(l) Whether the alleged offense was committed on school property, public or private, or at any school-sponsored event, and constituted a substantial danger to other students;

(m) Any other factors deemed relevant by the youth court; and

(n) Nothing in this subsection shall prohibit the transfer of jurisdiction of an alleged offense and a child if that child, at the time of the transfer hearing, previously has not been placed in a juvenile institution.

(6) If the youth court transfers jurisdiction of the alleged offense to a criminal court, the youth court shall enter a transfer order containing:

(a) Facts showing that the youth court had jurisdiction of the cause and of the parties;

(b) Facts showing that the child was represented by counsel;

(c) Facts showing that the hearing was held in the presence of the child and his counsel;

(d) A recital of the findings of probable cause and the facts and reasons underlying the youth court's decision to transfer jurisdiction of the alleged offense;

(e) The conditions of custody or release of the child pending criminal court proceedings, including bail or recognizance as the case may justify, as well as a designation of the custodian for the time being; and

(f) A designation of the alleged offense transferred and of the court to which the transfer is made and a direction to the clerk to forward for filing in such court a certified copy of the transfer order of the youth court.

(7) The testimony of the child respondent at a transfer hearing conducted pursuant to this chapter shall not be admissible against the child in any proceeding other than the transfer hearing.

(8) When jurisdiction of an offense is transferred to the circuit court, or when a youth has committed an act which is in original circuit court jurisdiction pursuant to Section 43-21-151 * * *, the jurisdiction of the youth court over the youth is forever terminated, except that such jurisdiction is not forever terminated if the circuit court transfers or remands the transferred case to the youth court or if a child who has been transferred to the circuit court or is in the original jurisdiction of the circuit court is not convicted. However, when jurisdiction of an offense is transferred to the circuit court pursuant to this section or when an offense committed by a youth is in original circuit court jurisdiction pursuant to Section 43-21-151 * * *, the circuit court shall thereafter assume and retain jurisdiction of any felony offenses committed by such youth without any additional transfer proceedings. Any misdemeanor offenses committed by youth who are in circuit court jurisdiction pursuant to this section or Section 43-21-151 * * * shall be prosecuted in the court which would have jurisdiction over that offense if committed by an adult without any additional transfer proceedings. The circuit court may review the transfer proceedings on motion of the transferred child. Such review shall be on the record of the hearing in the youth court. The circuit court shall remand the offense to the youth court if there is no substantial evidence to support the order of the youth court. The circuit court may also review the conditions of custody or release pending criminal court proceedings.

(9) When any youth has been the subject of a transfer to circuit court for an offense committed in any county of the state or has committed any act which is in the original jurisdiction of the circuit court pursuant to Section 43-21-151(1), that transfer or original jurisdiction shall be recognized by all other courts of the state and no subsequent offense committed by such youth in any county of the state shall be in the jurisdiction of the youth court unless transferred to the youth court pursuant to Section 43-21-159(3). Transfers from youth courts of other states shall be recognized by the courts of this state and no youth who has a pending charge or a conviction in the adult court system of any other state shall be in the jurisdiction of the youth courts of this state, but such youths shall be in the jurisdiction of the circuit court for any felony committed in this state or in the jurisdiction of the court of competent jurisdiction for any misdemeanor committed in this state.

SECTION 34. Section 43-21-159, Mississippi Code of 1972, is amended as follows:

43-21-159. (1) When a person appears before a court other than the youth court, and it is determined that the person is a child under jurisdiction of the youth court, such court * * *, unless the jurisdiction of the offense has been transferred to such court as provided in this chapter, or unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted, shall immediately dismiss the proceeding without prejudice and forward all documents pertaining to the cause to the youth court; and all entries in permanent records shall be expunged. The youth court shall have the power to order and supervise the expunction or the destruction of such records in accordance with Section 43-21-265. The youth court is authorized to expunge the record of any case within its jurisdiction in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case. In cases where the child is charged with a hunting or fishing violation or a traffic violation, except for driving offenses under the Mississippi Implied Consent Law, whether it be any state or federal law, * * * or municipal ordinance or county resolution or where the child is charged with a violation of Section 67-3-70, the appropriate criminal court may proceed to dispose of the same in the same manner as for other * * * offenders and it shall not be necessary to transfer the case to the youth court of the county. The youth court, in addition to other action, may suspend the driver's license of any child charged with an offense under the Mississippi Implied Consent Law. Unless the cause has been transferred, or unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult * * * and was convicted, the youth court shall have power on its own motion to remove jurisdiction from any criminal court of any offense including a hunting or fishing violation, a traffic violation, or a violation of Section 67-3-70, committed by a child in a matter under the jurisdiction of the youth court and proceed therewith in accordance with the provisions of this chapter.

(2) After conviction and sentence of any child by any other court having original jurisdiction on a misdemeanor charge, and within the time allowed for an appeal of such conviction and sentence, the youth court of the county shall have the full power to stay the execution of the sentence and to release the child on good behavior or on other order as the youth court may see fit to make unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted. When a child is convicted of a misdemeanor and is committed to, incarcerated in or imprisoned in a jail or other place of detention by a criminal court having proper jurisdiction of such charge, such court shall notify the youth court judge or the judge's designee of the conviction and sentence prior to the commencement of such incarceration. The youth court shall have the power to order and supervise the destruction of any records involving children maintained by the criminal court in accordance with Section 43-21-265. However, the youth court shall have the power to set aside a judgment of any other court rendered in any matter over which the youth court has exclusive original jurisdiction, to expunge or destroy the records thereof in accordance with Section 43-21-265, and to order a refund of fines and costs.

(3) Nothing in subsection (1) or (2) shall apply to a youth who has a pending charge or a conviction for any crime over which circuit court has original jurisdiction.

(4) In any case wherein the defendant is a child as defined in this chapter and of which the circuit court has original jurisdiction, the circuit judge, upon a finding that it would be in the best interest of such child and in the interest of justice, may at any stage of the proceedings prior to the attachment of jeopardy transfer such proceedings to the youth court for further proceedings unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted or has previously been convicted of a crime which was in original circuit court jurisdiction, and the youth court shall, upon acquiring jurisdiction, proceed as provided in this chapter for the adjudication and disposition of delinquent child proceeding proceedings. If the case is not transferred to the youth court and the youth is convicted of a crime by any circuit court, the trial judge shall sentence the youth as though such youth was an adult. The circuit court shall not have the authority to commit such child to the custody of the Department of Youth Services for placement in a state-supported training school.

(5) In no event shall a court sentence an offender over the age of eighteen (18) to the custody of the Division of Youth Services for placement in a state-supported training school.

(6) When a child's driver's license is suspended by the youth court for any reason, the clerk of the youth court shall report the suspension, without a court order under Section 43-21-261, to the Commissioner of Public Safety in the same manner as such suspensions are reported in cases involving adults.

(7) No offense involving the use or possession of a firearm by a child who has reached his fifteenth birthday and which, if committed by an adult would be a felony, shall be transferred to the youth court.

SECTION 35. In order to enable the youth court judges and youth court referees to more effectively handle the youth court caseload and to properly serve the children who come into the jurisdiction of the youth courts, the Department of Human Services, Division of Youth Services shall have the following responsibilities and duties:

(a) To staff an additional forty (40) full-time youth services counselor positions with fully qualified individuals.

(b) To provide an additional two hundred twenty five (225) publicly or privately operated beds by means of contract or otherwise to be available for children committed by the youth courts.

(c) To provide an additional one hundred (100) wilderness program beds either by expanding the division's wilderness program or by contracting out the services to a private operator or by a combination of expansion and contract.

SECTION 36. Section 43-27-20, Mississippi Code of 1972, is amended as follows:

43-27-20. (a) Within the Department of Youth Services there shall be a Division of Community Services which shall be headed by a director appointed by and responsible to the Director of the Department of Youth Services. He shall hold a master's degree in social work or a related field and shall have no less than three (3) years' experience in social services, or in lieu of such degree and experience, he shall have a minimum of eight (8) years' experience in social work or a related field. He shall employ and assign the community workers to serve in the various areas in the state and any other supporting personnel necessary to carry out the duties of the Division of Community Services.

(b) The Director of the Division of Community Services shall assign probation and aftercare workers to the youth court or family court judges of the various court districts upon the request of the individual judge on the basis of caseload and need, when funds are available. The probation and aftercare workers shall live in their respective districts except upon approval of the Director of the Division of Community Services. Every placement shall be with the approval of the youth court or the family court judge, and a probation and aftercare worker may be removed for cause from a youth or family court district.

(c) Any counties or cities which, on July 1, 1973, have court counselors or similar personnel may continue using this personnel or may choose to come within the statewide framework.

(d) A probation and aftercare worker may be transferred by the division from one court to another after consultation with the judge or judges in the court to which the employee is currently assigned.

(e) The Division of Community Services shall have such duties as the Department of Youth Services shall assign to it which shall include, but not be limited to, the following:

(1) Preparing the social, educational and home-life history and other diagnostic reports on the child for the benefit of the court or the training school; provided, however, this provision shall not abridge the power of the court to require similar services from other agencies, according to law.

(2) Serving in counseling capacities with the youth or family courts.

(3) Serving as probation agents for the youth or family courts.

(4) Serving, advising and counseling of children in the various institutions under the control of the Division of Juvenile Correctional Institutions as may be necessary to the placement of the children in proper environment after release and the placement of children in suitable jobs where necessary and proper.

(5) Supervising and guiding of children released or conditionally released from institutions under the control of the Division of Juvenile Correctional Institutions.

(6) Counseling in an aftercare program.

(7) Coordinating the activities of supporting community agencies which aid in the social adjustment of children released from the institution and in an aftercare program.

(8) Providing or arranging for necessary services leading to the rehabilitation of delinquents, either within the division or through cooperative arrangements with other appropriate agencies.

(9) Providing counseling and supervision for any child under ten (10) years of age who has been brought to the attention of the court when other suitable personnel is not available and upon request of the court concerned.

(10) Supervising the aftercare program and making revocation investigations at the request of the court.

SECTION 37. Section 43-21-257, Mississippi Code of 1972, is amended as follows:

43-21-257. (1) Unless otherwise provided in this section, any record involving children, including valid and invalid complaints, and the contents thereof maintained by the Department of Human Services, or any other state agency, shall be kept confidential and shall not be disclosed except as provided in Section 43-21-261.

(2) The Administrative Office of Courts established in Section 9-21-1 shall maintain a state central registry containing the number and disposition of all cases together with such other useful information regarding such cases as may be requested and is obtainable from the records of the youth court. The Administrative Office of Courts shall annually publish a statistical record of the number and disposition of all cases, but the names or identity of any children shall not be disclosed in the reports or records. The Administrative Office of Courts shall adopt such rules as may be necessary to carry out this subsection. The central registry files and the contents thereof shall be confidential and shall not be open to public inspection. Any person who shall disclose or encourage the disclosure of any record involving children from the central registry shall be subject to the penalty in Section 43-21-267. The youth court shall furnish, upon forms provided by the Administrative Office of Courts, the necessary information, and these completed forms shall be forwarded to the Administrative Office of Courts.

(3) The Department of Human Services shall maintain a state central registry on neglect and abuse cases containing (a) the name, address and age of each child, (b) the nature of the harm reported, (c) the name and address of the person responsible for the care of the child, and (d) the name and address of the substantiated perpetrator of the harm reported. The Department of Human Services shall adopt such rules and administrative procedures, especially those procedures to afford due process to individuals who have been named as substantiated perpetrators prior to the release of their name from the registry, as may be necessary to carry out this subsection. The central registry shall be confidential and shall not be open to public inspection. Any person who shall disclose or encourage the disclosure of any record involving children from the central registry without following the rules and administrative procedures of the department shall be subject to the penalty in Section 43-21-267. The Department of Human Services and its employees are hereby exempt from any civil liability as a result of any action taken pursuant to the compilation and/or release of information on the registry pursuant to this section and any other applicable section of the code. The Department of Human Services shall obtain an order of disclosure pursuant to Section 43-21-261 from the youth court of appropriate jurisdiction authorizing the release of information from the registry.

SECTION 38. Section 43-27-22, Mississippi Code of 1972, is amended as follows:

43-27-22. (1) Within the Department of Human Services there shall be an Office of Juvenile Correctional Institutions which shall be headed * * * by a Director of Juvenile Institutions, who shall be appointed by the * * * Director of the Division of Youth Services. The Director of Juvenile Institutions shall appoint the individual Division of Youth Services Institutional Administrators who, in turn, shall have full power to select and employ personnel necessary to operate the facility he directs, subject to the approval of the Director of the Division of Youth Services.

(2) The Office of Juvenile Correctional Institutions shall have such duties as the * * * Director of the Division of Youth Services shall assign to it including, but not limited to, the following:

(a) Operation and maintenance of training schools and other facilities as may be needed to properly diagnose, care for, train, educate and rehabilitate children and youths who have been committed to or confined in the facilities or who are included in the programs of the facilities.

(b) Fulfillment of the objectives of rehabilitation and reformation of the youths confined in the schools, being careful to employ no discipline, training or utilization of time and efforts of such youth that shall under any condition or in any way interfere with such objectives.

(c) Grouping of the youths in the schools according to age, sex and disciplinary needs with respect to their housing, schooling, training, recreation and work, being careful to prevent injury to the morals or interference with the training and rehabilitation of the younger or correctable youths by those considered to be less amenable to discipline and rehabilitation.

SECTION 39. Section 43-27-201, Mississippi Code of 1972, is amended as follows:

43-27-201. (1) The purpose of this section is to outline and structure a long-range proposal in addition to certain immediate objectives for improvements in the juvenile correctional facilities of the Division of Youth Services of the Mississippi Department of Human Services in order to provide modern and efficient correctional and rehabilitation facilities for juvenile offenders in Mississippi, who are committing an increasing percentage of serious and violent crimes.

(2) The Department of Finance and Administration, acting through the Bureau of Building, Grounds and Real Property Management, using funds from bonds issued under this chapter, monies appropriated by the Legislature for such purposes, federal matching or other federal funds, federal grants or other available funds from whatever source, shall provide for, by construction, lease, lease-purchase or otherwise, and equip the following juvenile correctional facilities under the jurisdiction and responsibility of the Division of Youth Services of the Department of Human Services:

(a) Construct an additional one-hundred-fifty-bed, stand-alone, medium security juvenile correctional facility for habitual violent male offenders, which complies with American Correctional Association Accreditation standards and applicable building and fire safety codes. The medium security, male juvenile facility location shall be on property owned by the Division of Youth Services, or its successor, or at a site selected by the Bureau of Building, Lands and Real Property Management on land which is hereafter donated to the state specifically for the location of such facility.

(b) Construct an additional one-hundred-bed minimum security juvenile correctional facility for female offenders, and an additional stand-alone, fifteen-bed maximum security juvenile correctional facility for female offenders, which complies with American Correctional Association Accreditation standards and applicable building and fire safety codes. The minimum security and maximum security female juvenile facilities location shall be on property owned by the Division of Youth Services, or its successor, or at a site selected by the Bureau of Building, Grounds and Real Property Management on land which is hereafter donated to the state specifically for the location of such facility.

(3) Upon the selection of a proposed site for a correctional facility for juveniles authorized under subsection (2), the Bureau of Building, Grounds and Real Property Management of the Department of Finance and Administration shall notify the board of supervisors of the county in which such facility is proposed to be located and shall publish a notice as hereinafter set forth in a newspaper having general circulation in such county. Such notice shall include a description of the tract of land in the county whereon the facility is proposed to be located, the nature and size of the facility and the date on which the determination of the Bureau of Building, Grounds and Real Property Management shall be final as to the location of such facility, which date shall not be less than forty-five (45) days following the first publication of such notice. Such notice shall include a brief summary of the provisions of this section pertaining to the petition for an election on the question of the location of the juvenile housing facility in such county. Such notice shall be published not less than one (1) time each week for at least three (3) consecutive weeks in at least one (1) newspaper published in such county.

If no petition requesting an election is filed before the date of final determination stated in such notice, then the bureau shall give final approval to the location of such facility.

If at any time before the aforesaid date a petition signed by twenty percent (20%), or fifteen hundred (1500), whichever is less, of the qualified electors of the county involved shall be filed with the board of supervisors requesting that an election be called on the question of locating such facility, then the board of supervisors shall adopt a resolution calling an election to be held within such county upon the question of the location of such facility. Such election shall be held, as far as practicable, in the same manner as other elections are held in counties. At such election, all qualified electors of the county may vote, and the ballots used at such election shall have printed thereon a brief statement of the facility to be constructed and the words "For the construction of the facility in (here insert county name) County" and "Against the construction of the facility in (here insert county name) County." The voter shall vote by placing a cross (x) or check mark (U) opposite his choice on the proposition. When the results of the election on the question of the construction of the facility shall have been canvassed by the election commissioners of the county and certified by them to the board of supervisors, it shall be the duty of the board of supervisors to determine and adjudicate whether or not a majority of the qualified electors who voted thereon in such election voted in favor of the construction of the facilities in such county. Unless a majority of the qualified electors who voted in such election shall have voted in favor of the construction of the facilities in such county, then such facility shall not be constructed in such county.

(4) The Division of Youth Services shall establish, maintain and operate an Adolescent Offender Program (AOP), which may include non-Medicaid assistance eligible juveniles. The division shall establish at least twelve (12) AOP * * * sites at various locations throughout the state based upon the needs of the population, as determined by the division. AOP professional services, salaries, facility offices, meeting rooms and related supplies and equipment may be provided through contract with local mental health or other nonprofit community organizations.

(5) The Division of Youth Services shall operate and maintain the Forestry Camp Number 43 at the Columbia Training School, originally authorized and constructed in 1973, to consist of a twenty-bed dormitory, four (4) offices, a classroom, kitchen, dining room, day room and apartment. The purpose of this camp shall be to train juvenile detention residents for community college and other forestry training programs.

(6) The Division of Youth Services shall establish a ten-bed transitional living facility for the temporary holding of training school adolescents who have reached their majority, have completed the GED requirement, and are willing to be rehabilitated until they are placed in jobs, job training or postsecondary programs. Such transitional living facility may be operated pursuant to contract with a nonprofit community support organization.

(7) The Division of Youth Services shall provide and operate eight (8) independent twenty-five-bed regional treatment facilities, to provide aftercare services to juveniles in a minimum restrictive environment as compared to the training school facilities.

SECTION 40. (1) For purposes of this act the following words shall have the meaning ascribed herein unless the context clearly otherwise requires:

"Juvenile" and "child" mean a person who has not reached his eighteenth birthday. A child who has not reached his eighteenth birthday and is on active duty for a branch of the armed services or is married is not considered a "juvenile" or "child" for the purposes of this act.

(2) The Commissioner of Corrections shall establish a juvenile regimented inmate discipline program within the Department of Corrections. The program shall include juveniles who have been adjudicated delinquent under Section 43-21-561. However, male and female juveniles shall be housed in separate facilities and shall attend separate juvenile regimented inmate discipline programs. The program will consist of alcohol and drug testing and counseling, ninety (90) days of military style boot camp training, an evaluation of the juvenile's educational level and a daily work schedule. A juvenile's educational level shall be evaluated after he or she has served ninety (90) days. The commissioner shall designate the facilities at which the juvenile regimented inmate discipline programs will be administered.

(3) A juvenile shall not be placed in any jail or place of detention of adults unless the juvenile is physically segregated from the other persons not subject to the jurisdiction of the youth court, and the physical arrangement of the jail or place of detention of adults must prevent the juvenile from having substantial contact with and substantial view of the other persons; but in any event, the juvenile shall not be confined anywhere in the same cell with persons not subject to the jurisdiction of the youth court.

(4) Any county in which a juvenile is sentenced to the juvenile regimented inmate discipline program shall pay fifty percent (50%) of the cost of the juvenile's participation in the program, and the Department of Corrections shall pay for the remaining fifty percent (50%) of the cost of the program.

SECTION 41. Section 37-19-29, Mississippi Code of 1972, is amended as follows:

37-19-29. (1) Notwithstanding any provision of this chapter or any other law requiring the number of children in average daily attendance or the average daily attendance of transported children to be determined on the basis of the preceding year, the state board of education may make proper adjustments in allotments in cases where major changes in the number of children in average daily attendance or the average daily attendance of transported children occurs from one year to another as a result of changes or alterations in the boundaries of school districts, the sending of children from one county or district to another upon a contract basis, the termination or discontinuance of a contract for the sending of children from one county or district to another, a change in or relocation of attendance centers, or for any other reason which would result in a major decrease or increase in the number of children in average daily attendance or the average daily attendance of transported children during the current school year as compared with the preceding year.

(2) When any child is adjudicated delinquent under Section 43-21-561, and is sentenced to the juvenile regimented inmate discipline program, the school district in which the child is enrolled shall notify the State Department of Education that the child will no longer attend school in the school district. The State Department of Education shall divert, to the Department of Corrections for the juvenile regimented inmate discipline program, the amount of the average daily attendance dollars allotted to the school district for that child.

SECTION 42. Section 37-19-45, Mississippi Code of 1972, is amended as follows:

37-19-45. (1) It shall be the duty of the State Department of Education to file with the State Treasurer and the State Fiscal Management Board such data and information as may be required to enable the * * * State Treasurer and State Fiscal Management Board to distribute the common school funds and minimum education program funds by electronic funds transfer to the several school districts at the time required and provided under the provisions of this chapter. The data and information so filed shall show in detail the amount of funds to which each school district is entitled from the common school fund and minimum education program fund. The data and information so filed may be revised from time to time as necessitated by law. At the time provided by law, the State Treasurer and the State Fiscal Management Board shall distribute to the several school districts the amounts to which they are entitled from the common school fund and the minimum education program fund as provided by this chapter. The distribution shall be made by electronic funds transfer to the depositories of the several school districts designated in writing to the State Treasurer based upon the data and information supplied by the State Department of Education for the distribution. In such instances, the State Treasurer shall submit a request for an electronic funds transfer to the State Fiscal Management Board, which shall set forth the purpose, amount and payees, and shall be in a form as may be approved by the State Fiscal Management Board so as to provide the necessary information as would be required for a requisition and issuance of a warrant. A copy of the record of the electronic funds transfers shall be transmitted by the school district depositories to the Treasurer, who shall file duplicates with the State Fiscal Management Board. The Treasurer and State Fiscal Management Board shall jointly promulgate regulations for the utilization of electronic funds transfers to school districts.

(2) When any child is adjudicated delinquent under Section 43-21-561, and is sentenced to the juvenile regimented inmate discipline program, the school district in which the child is enrolled shall notify the State Department of Education that the child will no longer attend school in the school district. The State Department of Education shall divert, to the Department of Corrections for the juvenile regimented inmate discipline program, the amount of the average daily attendance dollars allotted to the school district for that child.

SECTION 43. Section 43-21-605, Mississippi Code of 1972, is amended as follows:

43-21-605. (1) In delinquency cases, the disposition order may include any of the following alternatives or combination of the following alternatives, giving precedence in the following sequence:

(a) Release the child without further action;

(b) Place the child in the custody of the parents, a relative or other persons subject to any conditions and limitations, including restitution, as the youth court may prescribe;

(c) Place the child on probation subject to any reasonable and appropriate conditions and limitations, including restitution, as the youth court may prescribe;

(d) Order terms of treatment calculated to assist the child and the child's parents or guardian which are within the ability of the parent or guardian to perform;

(e) Order terms of supervision which may include participation in a constructive program of service or education or civil fines not in excess of Five Hundred Dollars ($500.00), or restitution not in excess of actual damages caused by the child to be paid out of his own assets or by performance of services acceptable to the victims and approved by the youth court and reasonably capable of performance within one (1) year;

(f) Suspend the child's driver's license by taking and keeping it in custody of the court for not more than one (1) year;

(g) Give legal custody of the child to any of the following:

(i) The Department of Human Services for appropriate placement; or

(ii) Any public or private organization, preferably community-based, able to assume the education, care and maintenance of the child, which has been found suitable by the court; or

(iii) The Department of Human Services for placement in a wilderness training program or a state-supported training school, except that no child under the age of ten (10) years shall be committed to a state training school. The training school may retain custody of the child until the child's twentieth birthday but for no longer. The superintendent of a state training school may parole a child at any time he may deem it in the best interest and welfare of the child. Twenty (20) days before the parole, the training school shall notify the committing court of the pending release. The youth court may then arrange subsequent placement after a reconvened disposition hearing except that the youth court may not recommit the child to the training school or any other secure facility without an adjudication of a new offense or probation or parole violation. Before assigning the custody of any child to any private institution or agency, the youth court through its designee shall first inspect the physical facilities to determine that they provide a reasonable standard of health and safety for the child. The youth court shall not place a child in the custody of a state training school for truancy, unless the child has been adjudicated to have committed an act of delinquency in addition to truancy; or

(iv) The Department of Corrections for placement in the juvenile regimented inmate discipline program except that no child under the age of ten (10) years shall be committed to the juvenile regimented inmate discipline program. The Commissioner of Corrections may parole a child at any time he may deem it in the best interest and welfare of the child. Twenty (20) days before the parole, the commissioner shall notify the committing court of the pending release. The youth court may then arrange subsequent placement after a reconvened disposition hearing except that the youth court may not recommit the child to the juvenile regimented inmate discipline program without an adjudication of a new offense or probation or parole violation. Before assigning the custody of any child to the Department of Corrections, the youth court through its designee shall first inspect the physical facilities to determine that they provide a reasonable standard of health and safety for the child. The youth court shall not place a child in the custody of the Department of Corrections for truancy, unless the child has been adjudicated to have committed an act of delinquency in addition to truancy;

(h) Recommend to the child and the child's parents or guardian that the child attend and participate in the Youth Challenge Program under the Mississippi National Guard, as created in Section 43-27-203, subject to the selection of the child for the program by the National Guard; however, the child must volunteer to participate in the program. The youth court may not order any child to apply or attend the program.

(2) In addition to any of the disposition alternatives authorized under subsection (1) of this section, the disposition order in any case in which the child is adjudicated delinquent for an offense under Section 63-11-30 shall include an order denying the driver's license and driving privileges of the child as required under subsection (8) of Section 63-11-30.

(3) Fines levied under this chapter shall be paid into the general fund of the county but, in those counties wherein the youth court is a branch of the municipal government, it shall be paid into the municipal treasury.

(4) Any institution or agency to which a child has been committed shall give to the youth court any information concerning the child as the youth court may at any time require.

(5) The youth court shall not place a child in another school district who has been expelled from a school district for the commission of a violent act. For the purpose of this subsection, "violent act" means any action which results in death or physical harm to another or an attempt to cause death or physical harm to another.

SECTION 44. The Attorney General of the State of Mississippi is hereby directed to submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 45. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, or on January 1, 1999, whichever is later.