1998 Regular Session
To: Finance; Juvenile Justice
By: Senator(s) Burton
Senate Bill 2166
AN ACT RELATING TO JUVENILE JUSTICE AND CHILD ABUSE; TO AMEND SECTION 43-21-109, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FROM AND AFTER JANUARY 1, 1999, THERE SHALL BE ESTABLISHED NOT LESS THAN ONE JUVENILE DETENTION FACILITY IN EACH CHANCERY COURT DISTRICT WITHIN THIS STATE; TO PROVIDE THAT THE COUNTY OR COUNTIES IN EACH CHANCERY COURT DISTRICT SHALL SEPARATELY OR JOINTLY ESTABLISH AND MAINTAIN SUCH DETENTION FACILITY OR FACILITIES WITHIN SUCH CHANCERY COURT DISTRICT; TO PROVIDE THAT SUCH COUNTY OR COUNTIES MAY ACQUIRE LAND FOR THE PURPOSE OF CONSTRUCTING THE DETENTION FACILITY OR FACILITIES AND MAY ISSUE BONDS AND/OR EXPEND MONEY FROM THE COUNTY TREASURY FOR THE PURPOSE OF FINANCING SUCH FACILITY OR FACILITIES; TO ESTABLISH A MISSISSIPPI JUVENILE DETENTION FACILITIES AUTHORITY TO ISSUE GENERAL OBLIGATION BONDS FOR THE PURPOSE OF MAKING LOANS TO COUNTIES FOR THE CONSTRUCTION AND EQUIPPING OF SUCH DETENTION FACILITIES; TO PROVIDE PROCEDURES FOR THE ISSUANCE OF SUCH BONDS AND LOAN AGREEMENTS; TO PROVIDE THAT THE COURT SHALL EXPEDITE ANY CRIMINAL PROCEEDING IN WHICH A CHILD IS CALLED TO GIVE TESTIMONY; TO ESTABLISH A CHILD ABUSE INVESTIGATION AND PROSECUTION TEAM WITHIN THE OFFICE OF ATTORNEY GENERAL; TO AMEND SECTION 41-29-145, MISSISSIPPI CODE OF 1972, TO PRESCRIBE ENHANCED PENALTIES FOR CERTAIN VIOLATIONS OF THE CONTROLLED SUBSTANCES LAW IN THE PRESENCE OF A CHILD FOR WHICH SUCH PERSON IS RESPONSIBLE; TO AMEND SECTION 43-27-2, MISSISSIPPI CODE OF 1972, TO TRANSFER THE POWERS AND RESPONSIBILITIES OF THE OFFICE OF YOUTH SERVICES OF THE DEPARTMENT OF HUMAN SERVICES TO A NEWLY CREATED MISSISSIPPI DEPARTMENT OF YOUTH DEVELOPMENT; TO CODIFY SECTION 43-27-4, MISSISSIPPI CODE OF 1972, TO CREATE AND EMPOWER A BOARD OF YOUTH DEVELOPMENT; TO CODIFY SECTION 43-27-6, MISSISSIPPI CODE OF 1972, TO CREATE THE POSITION OF EXECUTIVE DIRECTOR OF THE DEPARTMENT OF YOUTH DEVELOPMENT AND PRESCRIBE HIS DUTIES AND RESPONSIBILITIES; TO AMEND SECTIONS 43-27-8, 43-27-10, 43-27-11, 43-27-12, 43-27-14, 43-27-16, 43-27-17, 43-27-18, 43-27-19, 43-27-20, 43-27-22, 43-27-23, 43-27-25, 43-27-27, 43-27-29 AND 43-21-159, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-21-109, Mississippi Code of 1972, is amended as follows:
43-21-109. (1) There shall be established not less than one (1) juvenile detention facility in each chancery court district within this state from and after January 1, 1999. The county or counties in each chancery court district shall separately or jointly establish and maintain such detention facility or
facilities within such chancery court district. If two (2) or more counties within any chancery court district agree to jointly establish and maintain a detention facility or facilities within such chancery court district, such agreement shall be in compliance with the provisions of Sections 19-3-101 through 19-3-115, which pertain to the creation of county cooperative service districts.
(2) Any county or municipality may separately or jointly
establish and maintain * * * shelter facilities, foster homes, or any other facility necessary to carry on the work of the youth court.
(3) In order to carry out the purposes of this section, any county, counties or municipality may acquire necessary land by condemnation, by purchase or donation, may issue bonds as now provided by law for the purpose of purchasing, constructing, remodeling or maintaining such facility or facilities; may expend necessary funds from the general fund to construct and maintain such facility or facilities, and may employ architects to design or remodel such facility or facilities; and may execute loans from the Juvenile Detention Facility Authority for such purposes, as provided under Sections 2 through 25 of this act. Such facility or facilities may include a place for housing youth court facilities and personnel.
SECTION 2. Sections 2 through 25 of this act may be cited as the "Mississippi Juvenile Detention Facilities Authority Act."
SECTION 3. As used in this act, the following words and terms shall have the following meanings:
(a) "Authority" means the members of the State Bond Commission, which is composed of the Governor, the Attorney General and the State Treasurer, under Section 31-17-1, Mississippi Code of 1972, acting as the Juvenile Detention Facilities Authority.
(b) "Juvenile detention facility" means any facility or structure, including, but not limited to, a housing or dormitory facility, academic building, library, health care facility, maintenance, storage or utility facility, administration building, and parking facility, and any other facility or structure related thereto, which is essential, useful or convenient for the detention of juveniles of the county as required under Section 43-21-109, and the land underlying said facility or structure.
(c) "Cost of the juvenile detention facility project" means the cost of construction, enlargement, repair, improvement, alteration, remodeling, reconstruction, equipping or acquisition of a juvenile detention facility; the cost of all lands, properties, rights-of-way, easements, franchises and interests acquired, used for or in connection with the juvenile detention facility; the cost of demolishing or removing buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved; the cost of all machinery and equipment; financing charges, interest prior to and during construction, enlargement, repair, improvement, alteration, remodeling, reconstruction, or equipping of the said facility and for one (1) year after completion of said construction, enlargement, repair, improvement, alteration, remodeling, reconstruction, equipping or acquisition; the cost of engineering, architectural, financial and legal services; the cost of all plans, surveys and specifications; studies, estimates of cost and of revenues, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; the cost of such other expenses as may be necessary or incident to the financing herein authorized of the construction, enlargement, repair, improvement, alteration, remodeling, reconstruction, equipping or acquisition of any juvenile detention facility and the placing of said project in operation. Any obligations or expenses incurred for any of the foregoing purposes shall be regarded as a cost of the juvenile detention facility project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of Sections 2 through 25 of this act for such juvenile detention facility project.
(d) "Bonds" mean general obligation bonds issued by the Authority, under the provisions of Sections 2 through 25 of this act, to finance or refinance a juvenile detention facility project in a participating county and payable from monies received by the Authority from the participating county pursuant to the bond loan agreement as defined herein.
(e) "Bond loan agreement" means an agreement between the participating county and the Authority for the purposes of:
(i) Establishing the terms for the payment of the bonds by the participating county;
(ii) Establishing the collateral of the participating county, which the parties determine to be necessary to secure the payment of the bonds;
(iii) Establishing the terms for the payment by the Authority to the participating county of the proceeds from the sale of the bonds for the payment of the costs of the juvenile detention facilities project by the participating county; and
(iv) Setting forth all other matters relating to the bonds.
SECTION 4. There is hereby created a body politic and corporate to be known as the "Mississippi Juvenile Detention Facilities Authority," hereinafter referred to as the "Authority." The Authority is constituted a public agency and instrumentality of the State of Mississippi and the exercise by the Authority of the powers conferred by this act shall be deemed and held to be the performance of an essential public function of the State of Mississippi. The administration of the powers and functions of the Authority shall be conducted by the State Bond Advisory Division, Office of the Governor, subject to the direction and approval of the members of the Authority.
SECTION 5. The purpose of the Authority shall be to assist counties in the financing and refinancing of juvenile detention facility projects, and for this purpose the Authority is authorized and empowered:
(a) To adopt rules and regulations for the conduct of its affairs and business;
(b) To adopt an official seal and alter the same at its pleasure;
(c) To maintain an office at such place or places as it may designate;
(d) To sue and be sued in its own name;
(e) To borrow money for any of the purposes of this act, and to issue bonds therefor, and to provide for the rights of the holders of such bonds, all as hereinafter more particularly provided;
(f) To enter into bond loan agreements with participating counties;
(g) To receive and accept loans, grants, aid or contributions from any source of either money, property, labor or other things of value to be held, used and applied only for the purposes for which such loans, grants, aid and contributions are made, provided that the purposes of such loans, grants, aid and contributions are not in conflict with any of the provisions of this act;
(h) To charge to and apportion among participating counties its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this act;
(i) To do all things necessary or convenient to carry out the purposes of this act; and
(j) To physically inspect the juvenile detention facilities which are financed or refinanced under the provisions of this act.
SECTION 6. All expenses incurred in carrying out the provisions of this act shall be payable solely from funds provided under the Authority of this act, and no liability shall be incurred by the Authority hereunder beyond the extent to which monies shall have been provided under the provisions of this act.
SECTION 7. The board of supervisors of any county is hereby authorized and empowered, in its discretion, to declare by resolution to the Authority the need for a juvenile detention facility project in said county and for the issuance of bonds to finance or refinance said juvenile detention facility project.
SECTION 8. The Authority is hereby authorized and directed, upon receipt from the board of supervisors of any county of said resolution, to proceed forthwith to make such investigation as it shall deem necessary and proper in order to determine that the
county reasonably shall be expected to produce sufficient revenue over a period not exceeding twenty-five (25) years to retire the bonds issued for the financing or refinancing of the juvenile detention facility project as herein authorized, as well as the interest thereon and a reasonable sum for the maintenance, renewal and replacement of such educational facility or facilities or parts thereof, so long as said bonds are outstanding.
SECTION 9. Having determined that the county reasonably can be expected to produce sufficient revenue over a period of twenty-five (25) years to pay the bonds issued for the financing or refinancing of the juvenile detention facility project, as well as the interest on the bonds and a reasonable sum for maintenance, renewal and replacement as aforesaid, the Authority shall have the power and is hereby authorized, at one time or from time to time, to provide by resolution for the issuance of general obligation bonds of the State of Mississippi, to provide funds for the purpose of financing or refinancing all or any part of the cost of the juvenile detention facility project, but in no event shall the amount of the bonds issued for the financing or refinancing of any juvenile detention facility project exceed the estimated cost of the juvenile detention facility project. The principal of and the interest on the bonds shall be payable from a special fund to be provided for that purpose in the manner hereinafter set forth. The bonds shall bear date or dates, be in such denomination or denominations, bear interest at such rate or rates (not to exceed the limits set forth in Section 75-17-101, Mississippi Code of 1972), be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times, not to exceed twenty-five (25) years from the date of issue, be redeemable prior to maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as shall be determined by the bond loan agreement and the resolution of the Authority. The bonds shall be signed by the president of the Authority, or by his facsimile signature, attested by the secretary of the Authority, and the official seal of the Authority shall be affixed thereto. The interest coupons, if any, to be attached to the bonds may be executed by the facsimile signature of the president of the Authority. Whenever any bonds shall have been signed by the president of the Authority who was in office at the time of such signing but who may have ceased to be president of the Authority prior to the sale and delivery of the bonds or who may have not been in office on the date the bonds may bear, the signatures of such president of the Authority upon the bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the president of the Authority so officially signing the bonds had remained in office until the delivery of the bonds to the purchaser or had been in office on the date the bonds may bear. However, notwithstanding anything herein to the contrary, such bonds may be issued as provided in the Registered Bond Act of the State of Mississippi.
SECTION 10. After the determination that the county shall reasonably be expected to produce sufficient revenue over a period of twenty-five (25) years to pay the bonds issued for the financing or refinancing of the juvenile detention facility project, as well as the interest on the bonds and a reasonable sum for maintenance, renewal and replacement, has been made by the Authority, and before the issuance of the bonds, the county shall enter into a bond loan agreement with the Authority for the purposes of: (a) establishing the terms for the payment of the bonds by the participating county; (b) establishing the collateral of the participating county which the parties determine to be necessary to secure the payment of the bonds; (c) establishing the terms for the payment by the Authority to the participating county of the proceeds from the sale of the bonds for the payment of the costs of the juvenile detention facilities project by the participating county; and (d) setting forth all other matters relating to the bonds.
The bond loan agreement shall set forth the legal description of the real property of the juvenile detention facility and the bond loan agreement shall be recorded by the participating county in the land records of the county (or the applicable judicial district of a county) in which the juvenile detention facility is located or is to be located. The bond loan agreement may be recorded in its full text or in a short form evidencing: (a) the names and addresses of the parties; (b) the date of the bond loan agreement; (c) the legal description of the juvenile detention facility; and (d) a brief summary of the subject matter of the bond loan agreement.
The participating county shall also execute to the Authority, for the benefit of the State of Mississippi, all instruments necessary to perfect in the State of Mississippi a lien or security interest or both, which are first in priority over all other liens and security interests, in the collateral property of the participating county identified in the bond loan agreement.
SECTION 11. All bonds and interest coupons issued under the provisions of this act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the Mississippi Uniform Commercial Code. The bonds and the income therefrom shall be exempt from all taxation within the State of Mississippi.
SECTION 12. The Authority shall act as the issuing agent for the bonds authorized under this act, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, pay all fees and costs incurred in such issuance and sale, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The Authority is authorized and empowered to pay the costs that are incident to the sale, issuance and delivery of the bonds authorized under this act from the proceeds derived from the sale of such bonds. The Authority shall sell such bonds on sealed bids at public sale, and for such price as it may determine to be for the best interest of the State of Mississippi, but no such sale shall be made at a price less than par plus accrued interest to the date of delivery of the bonds to the purchaser. All interest accruing on such bonds so issued shall be payable semiannually or annually; however, the first interest payment may be for any period of not more than one (1) year.
Notice of the sale of any such bond shall be published at least one (1) time, not less than ten (10) days before the date of sale, and shall be so published in one or more newspapers published or having a general circulation in the City of Jackson, Mississippi, and in one or more other newspapers or financial journals with a national circulation, to be selected by the commission.
The Authority, when issuing any bonds under the authority of this act, may provide that bonds, at the option of the State of Mississippi, may be called in for payment and redemption at the call price named therein and accrued interest on such date or dates named therein.
SECTION 13. The bonds issued under the provisions of this act are general obligations of the State of Mississippi, and for the payment thereof the full faith and credit of the State of Mississippi is irrevocably pledged. If the funds appropriated by the Legislature are insufficient to pay the principal of and the interest on such bonds as they become due, then the deficiency shall be paid by the State Treasurer from any funds in the State Treasury not otherwise appropriated. All such bonds shall contain recitals on their faces substantially covering the provisions of this section.
SECTION 14. Upon the issuance and sale of bonds under the provisions of this act, the Authority shall transfer the proceeds of the sale of bonds into the State Treasury to the credit of a special fund known as the Juvenile Detention Facilities Authority Fund; shall be used solely for financing or refinancing of the cost of the juvenile detention facility project, except as hereinafter provided, and shall be disbursed to the participating county upon order of the State Treasurer, pursuant to such restrictions, if any, as the bond loan agreement and the resolution authorizing the issuance of the bonds may provide. If the proceeds of the bonds, by error of calculation or otherwise, shall be less than the cost of the juvenile detention facility project, unless otherwise provided in the bond loan agreement and the resolution authorizing the issuance of the bonds, additional bonds may in like manner be issued to provide the amount of such deficit which, unless otherwise provided in the bond loan agreement and the resolution authorizing the issuance of the bonds, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which the bonds were issued, the surplus shall be paid into a sinking fund, hereinafter established for the payment of the principal of and the interest on such bonds.
SECTION 15. Bonds may be issued without any other proceeding or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required in this act. The bonds authorized under this act may, in the discretion of the Authority, be validated by the Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided in Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds. The notice to taxpayers required shall be published in a newspaper published or having a general circulation in the City of Jackson, Mississippi.
SECTION 16. The payments to be made by the participating counties, in payment and retirement of the bonds according to the terms of the bond loan agreement, may be pledged and allocated by the Authority to the payment of the principal of and interest on the bonds as the bond loan agreement and the resolution authorizing the issuance of the bonds may provide. Such pledge may include funds received from one or more or all sources and shall be set aside at regular intervals into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
(a) The interest upon such bonds as such interest shall accrue;
(b) The principal of the bonds as the same shall become due;
(c) The necessary charges of the paying agent or paying agents for paying principal and interest of and on such bonds; and
(d) Any premium on bonds retired by call or purchase as may be provided herein.
The use and disposition of such sinking fund shall be subject to such terms as may be provided in the bond loan agreement and the resolution authorizing any issue of bonds, but except as may otherwise be provided in said bond loan agreement and authorizing resolution, such sinking fund shall be a fund for the benefit of all bonds issued under such resolution, without distinction or priority of one over the other. Subject to the provisions of the bond loan agreement and the resolution authorizing the issuance of the bonds, surplus monies in the sinking fund may be applied to the purchase or redemption of any of such bonds, and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.
SECTION 17. Any holder of bonds issued under the provisions of this act, or of any of the interest coupons pertaining thereto, except to the extent that such rights are not restricted by the bond loan agreement and the resolution directing the issuance of such bonds, may, either at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights granted hereunder and under the bond loan agreement and the authorizing resolution; and may enforce and compel performance of all duties required by this act and by the bond loan agreement and the authorizing resolution.
SECTION 18. The Authority is authorized to provide by resolution for the issuance of refunding bonds for the purpose of refunding any bonds issued under the provisions of this act and then outstanding, together with interest thereon to the date of such refunding bonds, and redemption premium thereon, if any. The issuance of such refunding bonds, the maturity, and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect thereto shall be governed by the provisions of this act insofar as the same may be applicable.
SECTION 19. All bonds issued under the provisions of this act shall be legal investments for trustees, other fiduciaries, savings banks, trust companies, and insurance companies organized under the laws of the State of Mississippi, and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and public subdivisions for the purpose of securing the deposit of public funds.
SECTION 20. The Authority, in addition to the monies which may be received by it from the sale of bonds and from the receipt of payments by the participating counties for the payment of the bonds pursuant to the bond loan agreement, shall have the Authority to accept from any public or private agency, or from any individual, grants, loans, aid or contributions for or in aid of the juvenile detention facility project or for the payment of the bonds for said juvenile detention facility project, and to receive and accept grants, loans, aid or contributions, from any source, of money or property or other things of value to be held, used, and applied only for the purposes for which such grants, loans, aid or contributions may be made, provided the purposes of such loans, grants, aid or contributions are not in conflict with any of the provisions of this act.
SECTION 21. All monies received by the Authority pursuant to this act, from any source whatever, shall be deemed to be trust funds to be held and applied solely as provided herein.
SECTION 22. Bonds issued under the provisions of this act and income therefrom shall be exempt from all taxation in the State of Mississippi.
SECTION 23. The proceeds of the bonds issued under this act shall be used solely for the purposes herein provided, including the costs incident to the issuance and sale of such bonds.
SECTION 24. The funds which are transferred from the sale of bonds to the special fund in the State Treasury known as the Juvenile Detention Facilities Authority Fund may be withdrawn only in the following manner: Said funds shall be paid by the State Treasurer upon warrants issued by the State Fiscal Officer, which warrants shall be issued upon requisition by the Authority, signed by the Governor. All expenditures ordered by the Authority shall be evidenced by complete records maintained by the Authority of said expenditures, and the Authority shall submit a full report of its work and all the transactions carried on by it and a complete statement of all its expenditures at the next regular session of the Legislature.
SECTION 25. This act shall be deemed to provide a complete, additional and alternative method for the doing of things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws; provided, the issuance of bonds and refunding bonds under the provisions of this act need not comply with the requirements of any other law applicable to the issuance of bonds. Except as otherwise expressly provided herein, none of the powers granted to the Authority under the provisions of this act shall be subject to the supervision or regulation or require the approval or consent of any municipality or political subdivision or any department, division, commission, board, body, bureau, official or agency thereof, or of any other state agency, department, division, commission, board, body, bureau, or official.
The powers and duties conferred upon the State Bond Commission, and its members, the Governor, the Attorney General and the State Treasurer, acting as the Authority, are supplemental to and not to conflict with the duties and powers conferred upon the State Bond Commission, the Governor, the Attorney General, and State Treasurer by law.
SECTION 26. In any criminal court proceeding in which a child under the age of thirteen (13) is called to give testimony, on motion by the district attorney or a guardian ad litem, or on its own motion, the court may designate that case as being of special public importance. In cases so designated, the court shall, consistent with these rules, expedite the proceeding and ensure that it takes precedence over any other. The court shall ensure a speedy trial in order to minimize the length of time the child must endure the stress of involvement with the criminal process. When deciding whether to grant a continuance, the court shall take into consideration the age of the child and the potential adverse impact the delay may have on the child's well-being. The court shall make written findings of fact and conclusion of law when granting a continuance in cases involving a child.
SECTION 27. (1) The purpose of this section is to establish within the Office of the Attorney General a child abuse investigation and prosecution team to aid local law enforcement agencies with the investigation of child abuse cases and to assist district and county attorneys with the prosecution of child abuse cases.
(2) The child abuse investigation and prosecution team established pursuant to this section shall consist of a prosecuting attorney, a criminal investigator and a clinical social worker certified by the Mississippi Department of Health. Upon the request of any district or county attorney, the team
shall be available to assist with the investigation and/or prosecution of child abuse cases.
(3) The Attorney General is hereby authorized to employ three (3) members of the child abuse investigation and prosecution team. These positions shall be in addition to those already authorized for the office. The prosecuting attorney shall be a special assistant attorney general with a minimum of three (3) years' experience in the prosecution of criminal cases in the trial courts of the state. The criminal investigator shall have a minimum of three (3) years' experience in local or state level law enforcement. The clinical social worker shall have a minimum of three (3) years' experience in working with abused children in a therapeutic setting and a minimum of fifty (50) hours in postgraduate study, which may include conferences, seminars and other continuing education in the field of child abuse.
(4) Funding for the child abuse investigation and prosecution team shall consist of monies appropriated by the Legislature and monies received from the federal government. In addition, the Attorney General is authorized to accept donations from any public or private source for the purpose of investigating and prosecuting child abuse cases.
(5) The Office of the Attorney General shall be responsible for implementing this section only to the extent that monies are appropriated by the Legislature or made available through grants from the federal government or other sources.
SECTION 28. Section 41-29-145, Mississippi Code of 1972, is
amended as follows:
41-29-145. (1) Any person twenty-one (21) years of age or
over who violates subsections (a) and (b) of Section 41-29-139 with reference to a controlled substance listed in Schedules I, II, III, IV and V as set out in Sections 41-29-113 through 41-29-121, inclusive, to a person under twenty-one (21) years of age may be punished by the fine authorized by Section 41-29-139, or by a term of imprisonment or confinement up to twice that authorized by said Section 41-29-139, or both, or he may be punished as provided in Section 41-29-142.
(2) Any person responsible for the care or support of a child, as defined by Section 43-21-105(u), who in the presence of that child violates subsections (a) and (b) of Section 41-29-139 with reference to a controlled substance listed in Schedules I, II, III, IV and V as set out in Sections 41-29-113 through 41-29-121, inclusive, shall be punished by the fine authorized by Section 41-29-139, or by a term of imprisonment or confinement up to twice that authorized by said Section 41-29-139, or both, or he may be punished as provided in Section 41-29-142.
SECTION 29. Section 43-27-2, Mississippi Code of 1972, is amended as follows:
43-27-2. (1) There is hereby created the Mississippi Department of Youth Development with powers, duties and functions provided in this chapter.
(2) Effective July 1, 1998, all employees of the Office of Youth Services of the Department of Human Services shall be transferred to the Mississippi Department of Youth Development. All such transfers shall be in accordance with the rules and regulations of the State Personnel Board.
(3) It is the intent of the Legislature that no employee shall be dismissed as the result of the agency reorganization required by this act, and that any reduction in the number of persons employed by the state shall result from attrition of employees and not dismissal.
(4) All records, real and personal property and unexpended balances of appropriations, allocations or other funds of the Office of Youth Services of the Department of Human Services shall be transferred to the Mississippi Department of Youth Development.
SECTION 30. The following provision shall be codified as
Section 43-27-4, Mississippi Code of 1972:
43-27-4. (1) There shall be established a Board of Youth Development composed of seven (7) members who are qualified
electors appointed by the Governor and the State Superintendent of Education as an ex officio non-voting member. The appointed members shall be composed of one (1) person who is an active, experienced educator; one (1) person who is an active, licensed psychiatrist or psychologist; one (1) person who is an active member of the National Association of Social Workers; one (1) person who is experienced in business; one (1) person who is a practicing attorney; and two (2) persons who are concerned citizens interested in the youth of the state. Provided, however, there shall be at least one (1) member of said board from each of
the congressional districts of the State of Mississippi as existing on January 1, 1991, and two (2) appointed at large, with all appointments to be confirmed by the Senate. Terms of office
of the appointed members shall be as follows:
(a) The term of the member serving from the First Congressional District shall expire on June 30, 1999.
(b) The term of the member serving from the Second Congressional District shall expire on June 30, 2000.
(c) The term of the member serving from the Third
Congressional District shall expire on June 30, 2001.
(d) The term of the member serving from the Fourth Congressional District shall expire on June 30, 2002.
(e) The term of the member serving from the Fifth Congressional District shall expire on June 30, 2003.
(f) The terms of the two (2) members serving from the state at large shall expire on June 30, 2000, and June 30, 2002, respectively.
All subsequent appointments shall be for a term of six (6) years.
The Governor shall have the power to fill any vacancy which shall occur on said Board of Youth Development, provided that said
vacancy shall be filled in the manner in which a trustee is selected for a full term, and that an appointment to fill such vacancy shall be for the unexpired term only.
(2) The Board of Youth Development shall meet and organize by electing one (1) of their number as chairman, whose term of office shall be one (1) year or until his successor shall be elected by the board; and it shall transact such other business as may come before the board. The board shall have authority to elect any other officer from their number as they shall deem necessary to perform their duties, the term of such officer to be for one (1) year or until a successor shall be elected by the trustees.
(3) The Board of Youth Development shall meet once each month and such monthly meeting shall be known as a regular meeting, and at such regular meeting any business allowed or provided for by law may be transacted; and said Board of Youth Development shall meet at any other time at the call of the chairman, within his discretion, or at the request of three (3) members of the board. In the case of a called meeting, the call shall be in writing and shall be mailed by certified mail with return receipt requested to each and every member at least five (5) days prior to the date of such called meeting; at any such called meeting only such business as may be specifically stated in the notice thereof may be transacted. At any regular or called meeting, three (3) members of the Board of Youth Development shall constitute a quorum for the transaction of business. When any member of the Board of Youth Development fails to attend three (3) consecutive meetings, he shall be deemed to have automatically vacated his term of office, unless the Governor shall elect to retain said member, or the Governor may appoint another person in his place and stead for the remainder of the unexpired term.
(4) The board members shall serve without salary or compensation, but shall receive the per diem allowed public employees under Section 25-3-69, Mississippi Code of 1972, for meetings of said board, together with actual travel expenses authorized by law. The expenses and per diem of the members of the board shall be paid on an itemized statement, approved by the chairman of the board, from funds appropriated to the Department of Youth Development.
SECTION 31. The following provision shall be codified as Section 43-27-6, Mississippi Code of 1972:
43-27-6. (1) The Board of Youth Development shall appoint an Executive Director of the Mississippi Department of Youth Development who shall be the chief executive, administrative and fiscal officer of the department.
(2) The executive director shall receive an annual salary fixed by the board, not to exceed the maximum authorized by law, in addition to all actual, necessary expenses incurred in the discharge of official duties, including mileage as authorized by law.
(3) The executive director shall possess the following minimum qualifications:
(a) A master's degree in corrections, criminal justice, guidance, social work, or some related field, and at least six (6) years' full-time experience in youth corrections, including at least three (3) years of youth correctional management experience; or
(b) A bachelor's degree in a field described in subparagraph (a) of this subsection and at least ten (10) years' full-time work in youth corrections, five (5) years of which shall have been in youth correctional management; or
(c) Shall possess at least a bachelor's degree and relevant experience in fiscal management in the private or public sector; or
(d) Shall possess a law degree and at least five (5) years' full-time experience in youth corrections; or
(e) Shall have served as a youth court judge.
(4) The executive director shall be required, upon assuming the duties of his office, to execute a good and sufficient bond payable to the State of Mississippi in the sum of Two Hundred Fifty Thousand Dollars ($250,000.00), conditioned upon an accurate accounting for all monies and property coming into his hands. The bond shall be approved by the Governor and filed with the
Secretary of State, and shall be executed by a surety company
authorized to do business under the laws of this state. The premium on any such bond shall be paid by the state out of the
support and maintenance fund of the department.
(5) The Executive Director of the Department of Youth Development, with the approval of the Board of Youth Development,
may assign to appropriate divisions such powers and duties as deemed appropriate to carry out the functions of the department.
SECTION 32. Section 43-27-8, Mississippi Code of 1972, is amended as follows:
43-27-8. The Mississippi Department of Youth Development shall administer the following duties and responsibilities:
(a) To implement and administer laws and policy relating to youth services and coordinate the efforts of the department with those of the federal government and other state departments and agencies, county governments, municipal governments and private agencies concerned with providing youth services.
(b) To establish standards, provide technical assistance and exercise the requisite supervision as it relates to youth service programs over all state-supported juvenile correctional facilities.
(c) To promulgate and publish such rules, regulations and policies of the department as are needed for the efficient government and maintenance of all facilities and programs in accord, insofar as possible, with currently accepted standards of juvenile care and treatment.
(d) To make an annual report to the Legislature reflecting the activities of the department and make recommendations for improvement of the services to be performed by the department.
SECTION 33. Section 43-27-10, Mississippi Code of 1972, is amended as follows:
43-27-10. (a) The Mississippi Department of Youth Development shall exercise executive and administrative supervision over all state-owned facilities used for the detention, training, care, treatment and aftercare supervision of delinquent children properly committed to or confined in said facilities by a court on account of such delinquency; provided, however, such executive and administrative supervision under state-owned facilities shall not extend to any institutions and facilities for which executive and administrative supervision has been provided otherwise by law through other agencies.
(b) Such facilities shall include, but not be limited to, the Columbia Training School created by Chapter 111, Laws of 1916, and the Oakley Training School created by Chapter 205, Laws of 1942, and those facilities authorized by Laws, 1994, Chapter 652.
(c) The department shall have the power as a corporate body to receive, hold and use personal, real and mixed property donated to them or property acquired under Section 43-27-35, and shall have such other corporate authority as shall now or hereafter be necessary for the operation of any such facility. The department shall be responsible for the planning, development and coordination of a statewide, comprehensive youth services program designed to train and rehabilitate children in order to prevent, control and retard juvenile delinquency.
(d) The department is authorized to develop and implement diversified programs and facilities to promote, enhance, provide and assure the opportunities for the successful care, training and treatment of delinquent children properly committed to or confined in any facility under its control. Such programs and facilities may include, but not be limited to, training schools, foster homes, halfway houses, forestry camps, regional diagnostic centers, detention centers and other state and local community-based programs and facilities.
(e) The department is authorized to acquire whatever hazard, casualty or workers' compensation insurance is necessary for any property, real or personal, owned, leased or rented by the department or for any employees or personnel hired by the department and may acquire professional liability insurance on all employees as deemed necessary and proper by the department. All premiums due and payable on account thereof shall be paid out of the funds of the department.
SECTION 34. Section 43-27-11, Mississippi Code of 1972, is amended as follows:
43-27-11. The Mississippi Department of Youth Development shall succeed to the exclusive control of all records, books, papers, equipment and supplies, and all lands, buildings and other real and personal property now or hereafter belonging to or assigned to the use and benefit or under the control of the Columbia Training School and the Oakley Training School, and shall have the exercise and control of the use, distribution and disbursement of all funds, appropriations and taxes now or hereafter in possession, levied, collected or received or appropriated for the use, benefit, support and maintenance of these two (2) institutions, and the department shall have general supervision of all the affairs of the two (2) institutions herein named, and the care and conduct of all buildings and grounds, business methods and arrangements of accounts and records, the organization of the administrative plans of each institution, and all other matters incident to the proper functioning of the institutions. The department shall have full authority over the operation of any and all farms at each of said institutions and over the distribution of agricultural, dairy, livestock and any and all other products therefrom and over all funds received from the sale of hogs and livestock. All sums realized from the sale of products manufactured and fabricated in the shops of the vocational departments of such institutions shall be placed in the revolving fund of the respective institutions in which said products were manufactured, fabricated and sold.
The department shall be authorized to lease the lands for oil, gas and mineral exploration, and for such other purposes as the department deems to be appropriate, on such terms and conditions as the department and lessee agree. The department may contract with the State Forestry Commission for the proper management of forest lands and the sale of timber, and the department is expressly authorized to sell timber and forestry products. The department is further authorized to expend the net proceeds from incomes from all leases and timber sales exclusively for the instructional purposes at the two (2) institutions under its jurisdiction in proportion to the revenues derived from each training school.
The granting of any leases for oil, gas and mineral exploration shall be on a public bid basis as prescribed by law.
SECTION 35. Section 43-27-12, Mississippi Code of 1972, is amended as follows:
43-27-12. The Department of Youth Development shall have exclusive supervisory care, custody and active control of all
children properly committed to or confined in its facilities and included in its programs and shall have control of the grounds, buildings and other facilities and properties of said facilities and programs.
SECTION 36. Section 43-27-14, Mississippi Code of 1972, is amended as follows:
43-27-14. The Department of Youth Development shall have the authority to accept any allotments of federal funds and commodities and shall manage and dispose of them in whatever manner may be required by federal law, and may take advantage of any federal programs, grants-in-aid, or other public or private assistance which may be offered or available which will accomplish or further the objectives of the department. The Attorney General shall be the legal representative of the department.
SECTION 37. Section 43-27-16, Mississippi Code of 1972, is amended as follows:
43-27-16. The Department of Youth Development is authorized to request from any and all existing agencies, departments, divisions, officers, employees, boards, bureaus, commissions and institutions of the State of Mississippi, or any political subdivision thereof, information, data and assistance as will enable the department to fulfill its duties hereunder, and all such agencies, departments, divisions, officers, employees, boards, bureaus, commissions and institutions of the State of Mississippi and its political subdivisions are hereby directed to cooperate with the department and render such information, data, aid and assistance as may be requested by the department.
SECTION 38. Section 43-27-17, Mississippi Code of 1972, is amended as follows:
43-27-17. The Department of Youth Development shall use the services and resources of the State Departments of Education and Health, and of all other appropriate state departments, agencies or institutions, as will aid in carrying out the purposes of this chapter. It shall be the duty of all such state departments, agencies and institutions to make available such services and resources to the department.
SECTION 39. Section 43-27-18, Mississippi Code of 1972, is amended as follows:
43-27-18. All positions in the Department of Youth Development shall be included in the state classification system, but the department is encouraged to establish an incentive program to motivate workers who deal directly with the children to obtain master's degrees in the field of sociology, psychology or some other related field.
SECTION 40. Section 43-27-19, Mississippi Code of 1972, is amended as follows:
43-27-19. The Department of Youth Development shall keep in a suitable book a full and complete record of all of its actions under this chapter, which shall be open at all times to the inspection of the Governor and all persons whom he or either house of the Legislature may designate, and any member of the Legislature, to examine same.
SECTION 41. Section 43-27-20, Mississippi Code of 1972, is amended as follows:
43-27-20. (a) Within the Department of Youth Development there shall be a Division of Community Services which shall be headed by a director appointed by and responsible to the Executive Director of the Department of Youth Development. 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 unless prior approval to live in a contiguous district is obtained from the Director of the Division of Community Services. * * *
(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 Development 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 42. Section 43-27-22, Mississippi Code of 1972, is amended as follows:
43-27-22. (1) Within the Department of Youth Development there shall be an Office of Juvenile Correctional Institutions. The superintendents of the juvenile correctional institutions shall be appointed by the Executive Director of the Department of Youth Development, and * * * shall be responsible to the executive director of the department. Each superintendent, in turn, shall have full power to select and employ personnel necessary to operate the facility he directs, subject to the approval of the executive director.
(2) The Office of Juvenile Correctional Institutions shall have such duties as the Department of Youth Development 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 43. Section 43-27-23, Mississippi Code of 1972, is amended as follows:
43-27-23. The superintendents of the Mississippi training schools may each receive free lodging in his respective institution for himself and his family, but not free board nor free supplies from the institution. Upon each superintendent's election to receive board for himself and family from the institution, the Department of Youth Development shall enter on the minutes in advance the names and ages of the members of the family and fix the charges for their board at the average cost of table board in that community, but in no event at an amount less than the cost of said board to said institution, and said board so fixed shall be paid by the superintendent into the State Treasury before his salary for the next succeeding month shall be paid. The department shall make a detailed and itemized statement thereof to the Legislature. The same restrictions shall apply to all members of the clerical force of the institutions.
SECTION 44. Section 43-27-25, Mississippi Code of 1972, is amended as follows:
43-27-25. No person shall be committed to an institution under the control of the Department of Youth Development who is seriously handicapped by mental illness or retardation. If after a person is referred to the training schools it shall be determined that he is mentally ill or mentally retarded to an extent that he could not be properly cared for in its custody, the director may institute necessary legal action to accomplish the transfer of such person to such other state institution as, in his judgment, is best qualified to care for him in accordance with the laws of this state. The department shall establish standards with regard to the physical and mental health of persons which it can accept for commitment.
SECTION 45. Section 43-27-27, Mississippi Code of 1972, is amended as follows:
43-27-27. Any child committed to an institution under the provisions of this chapter may be transferred by the Executive Director of the Department of Youth Development, in his discretion, to any of the schools or other facilities under his jurisdiction.
SECTION 46. Section 43-27-29, Mississippi Code of 1972, is amended as follows:
43-27-29. Academic and vocational training at all institutions under the Department of Youth Development shall meet standards prescribed by the State Department of Education based upon standards required for public schools. The department may prescribe such additional requirements as it may from time to time deem necessary. The State Superintendent of Education will administer the standards related to the high school and elementary school programs. Reports from the State Department of Education evaluating the juvenile detention program at all juvenile correctional institutions and indicating whether or not the program meets the standards as prescribed shall be made directly to the Director of the Division of Juvenile Correctional Institutions at regularly scheduled meetings. Such State Department of Education supervisory personnel as deemed appropriate shall be utilized for evaluating the programs and for reporting to the director of said division.
SECTION 47. 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 shall, 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, 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 whether it be any state or federal law, a violation of the Mississippi Implied Consent 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 shall proceed to dispose of the same in the same manner as for other adult offenders and it shall not be necessary to transfer the case to the youth court of the county. 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, except for violations under the Implied Consent Law, 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 Development 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 Development 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 48. This act shall take effect and be in force from and after July 1, 1998.