MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary

By: Senator(s) Johnson (38th)

AN ACT TO BE CALLED THE "COPS HELPING IN PREVENTION ACT"; TO ESTABLISH A PROGRAM OF GRANTS FOR HIRING, REHIRING AND REDEPLOYMENT OF ADDITIONAL CAREER LAW ENFORCEMENT OFFICERS ON A LOCAL LEVEL; TO DELEGATE TO THE ATTORNEY GENERAL THE RESPONSIBILITY TO RECEIVE AND APPROVE OR DISAPPROVE APPLICATIONS FOR GRANTS THEREUNDER; TO ENACT CONDITIONS AND REQUIREMENTS; TO AUTHORIZE THE ATTORNEY GENERAL TO PROVIDE TECHNICAL ASSISTANCE TO LOCAL GOVERNMENT UNITS AND OTHERS IN FURTHERANCE OF THE PURPOSES OF THE ACT; TO PROVIDE DEFINITIONS; TO AUTHORIZE THE ATTORNEY GENERAL TO PRESCRIBE REGULATIONS AND GUIDELINES FOR THE ADMINISTRATION OF THE ACT; TO REQUIRE THAT FUNDS MADE AVAILABLE UNDER THE ACT SHALL BE IN ADDITION TO AND NOT IN LIEU OF LOCAL FUNDS; TO REQUIRE MONITORING FOR EACH PROGRAM, PROJECT OR ACTIVITY FUNDED UNDER THE ACT; TO GRANT THE ATTORNEY GENERAL THE AUTHORITY TO REVOKE OR SUSPEND FUNDING OF GRANTS UNDER CERTAIN CIRCUMSTANCES; TO GRANT TO THE ATTORNEY GENERAL AND THE STATE AUDITOR AUDIT POWERS; AND FOR RELATED PURPOSES. 

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

SECTION 1. This act may be referred to as the "Cops Helping in Prevention Act." The purpose of this act is to establish a program of grants and assistance for the hiring, rehiring and redeployment of additional career law enforcement officers in furtherance of the following objectives, which are to:

(a) Substantially increase the number of law enforcement officers interacting directly with members of the community;

(b) Provide additional and more effective training to law enforcement officers to enhance their problem solving, service, and other skills needed in interacting with members of the community;

(c) Encourage the development and implementation of innovative programs to permit members of the community to assist local law enforcement agencies in the prevention of crime in the community; and

(d) Encourage the development of new technologies to assist local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime.

SECTION 2. (1) The Attorney General may make grants to units of local government, other public and private entities, and multi-jurisdictional or regional consortia thereof to increase

police presence, to expand and improve cooperative efforts between law enforcement agencies and members of the community to address crime and disorder problems, and otherwise to enhance public safety.

(2) Grants made under this section may be used for programs, projects, and other activities to:

(a) Rehire law enforcement officers who have been laid off as a result of budget reductions for deployment in community-oriented policing;

(b) Hire and train new, additional career law enforcement officers for deployment in community-oriented policing;

(c) Redeploy full time to community-oriented policing duties law enforcement officers who have been assigned duties outside community-oriented policing; and

(d) Procure equipment, technology, or support systems, or pay overtime, if the applicant for such a grant demonstrates to the satisfaction of the Attorney General that expenditures for such purposes would result in an increase in the number of officers deployed in community-oriented policing equal to or greater than the increase in the number of officers that would result from a grant for a like amount for the purposes specified in paragraph (a), (b) or (c) of this subsection.

(3) Grants pursuant to paragraph (2)(d) of this Section may not exceed twenty percent (20%) of the total funds available for grants pursuant to this section and may not be awarded after the 1999 fiscal year unless the Attorney General has certified that grants awarded in fiscal years 1997, 1998 and 1999 pursuant to paragraph (2)(d) of this section have resulted in an increase in the number of officers deployed in community-oriented policing equal to or greater than the increase in the number of officers that have resulted from the grants in like amounts awarded in fiscal years 1997, 1998 and 1999 pursuant to paragraph (2)(a), (2)(b) or (2)(c).

(4) Grants made under this section may include programs, projects, and other activities to:

(a) Increase the number of law enforcement officers involved in activities that are focused on interaction with members of the community on proactive crime control and prevention by redeploying officers to such activities;

(b) Provide specialized training to law enforcement officers to enhance their conflict resolution, mediation, problem solving, service, and other skills needed to work in partnership with members of the community;

(c) Increase police participation in multi-disciplinary early intervention teams;

(d) Develop new technologies to assist local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime;

(e) Develop and implement innovative programs to permit members of the community to assist local law enforcement agencies in the prevention of crime in the community, such as a citizens' police academy, including programs designed to increase the level of access to the criminal justice system enjoyed by victims, witnesses, and ordinary citizens by establishing decentralized satellite offices, including video facilities, of principal criminal courts buildings;

(f) Establish and implement innovative programs to increase and enhance proactive crime control and prevention programs involving law enforcement officers and young persons in the community; (g) Develop and establish new administrative and managerial systems to facilitate the adoption of community-oriented policing as an organization-wide philosophy;

(h) Establish, implement, and coordinate crime prevention and control programs involving law enforcement officers working with community members with other federal programs that serve the community and community members to better address the comprehensive needs of the community and its members; and

(i) Support the purchase by a law enforcement agency of no more than one (1) service weapon per officer upon hiring for deployment in community-oriented policing or, if necessary, upon existing officers' initial redeployment to community-oriented policing.

(5) In awarding grants under this act, the Attorney General may give preferential consideration, where feasible, to applications for hiring and rehiring additional career law enforcement officers that involve a local contribution exceeding the twenty-five percent (25%) minimum.

(6) The Attorney General may provide technical assistance to units of local government and other public and private entities in furtherance of the purposes of this act.

(a) The technical assistance provided by the Attorney General may include the development of a flexible model that will define for local governments and other public and private entities definitions and strategies associated with community or problem-oriented policing and methodologies for its implementation.

(b) The technical assistance provided by the Attorney General may include the establishment and operation of training centers or facilities, either directly or by contracting or cooperative arrangements. The functions of the centers or facilities established under this paragraph may include instruction and seminars for police executives, managers, trainers, supervisors, and such others as the Attorney General considers to be appropriate concerning community or problem-oriented policing and improvements in police-community interaction and cooperation that further the purposes of this act. (7) The portion of the costs of a program, project, or activity provided by a grant under this act may not exceed seventy-five percent (75%). In relation to a grant for a period exceeding one (1) year for hiring, rehiring or redeployment of career law enforcement officers, the grant share shall decrease from year to year for up to five (5) years, looking toward the continuation of the increased hiring level using local sources of funding following the conclusion of grant support, as provided in an approved plan pursuant to the provisions of this act.

(8) The authority under this section to make grants for the hiring, rehiring and redeployment of additional career law enforcement officers shall lapse at the conclusion of six (6) years from the effective date of this act. Prior to the expiration of this grant authority, the Attorney General shall submit annually a report to the Legislature concerning the experience with and effects of such grants. The report may include any recommendations the Attorney General may have for amendments to this act and related provisions of law in light of the termination of the authority to make grants for the hiring, rehiring and redeployment of additional career law enforcement officers.

(9) For the purposes of this act, the following words and phrases shall have the meanings ascribed to them herein unless the context clearly requires otherwise:

(a) "Career law enforcement officer" means a person hired on a permanent basis who is authorized by law or by a state or local public agency to engage in or supervise the prevention, detection, or investigation of violations of criminal laws.

(b) "Citizens' police academy" means a program by local law enforcement agencies or private nonprofit organizations in which citizens, especially those who participate in neighborhood watch programs, are trained in ways of facilitating communication between the community and local law enforcement in the prevention of crime.

SECTION 3. (1) No grant may be made under this act unless an application has been submitted to, and approved by, the Attorney General.

(2) An application for a grant under this act shall be submitted in such form, and contain such information, as the Attorney General may prescribe by regulation or guidelines.

(3) In accordance with the regulations or guidelines established by the Attorney General, each application for a grant under this act shall:

(a) Include a long-term strategy and detailed implementation plan that reflects consultation with community groups and appropriate private and public agencies and reflects consideration of the statewide strategy under the provisions of this act;

(b) Demonstrate a specific public safety need;

(c) Explain the applicant's inability to address the need without this grant assistance;

(d) Identify related governmental and community initiatives which complement or will be coordinated with the proposal;

(e) Certify that there has been appropriate coordination with all affected agencies;

(f) Outline the initial and ongoing level of community support for implementing the proposal including financial and in-kind contributions or other tangible commitments;

(g) Specify plans for obtaining necessary support to continue the proposed program, project, or activity following the conclusion of grant support;

(h) If the application is for a grant for hiring or rehiring additional career law enforcement officers, specify plans for the assumption by the applicant of a progressively larger share of the cost over the course of time, looking toward the continuation of the increased hiring level using local sources of funding following the conclusion of grant support;

(i) Assess the impact, if any, of the increase in police resources on other components of the criminal justice system;

(j) Explain how the grant will be utilized to reorient the affected law enforcement agency's mission toward community-oriented policing or enhance its involvement in or commitment to community-oriented policing.

(4) Provide assurances that the applicant will, to the extent practicable, seek, recruit, and hire members of racial and ethnic minority groups and women in order to increase their ranks within the sworn positions in the law enforcement agency.

SECTION 4. (1) Except for grants made for hiring, rehiring or redeploying additional career law enforcement officers, a grant under this act may be renewed for up to two (2) additional years after the first fiscal year during which a recipient receives its initial grant, if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application.

(2) Grants made for hiring, rehiring or redeploying additional career law enforcement officers may be renewed for up to five (5) years if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application.

(3) A grant for a period exceeding one (1) year may be renewed as provided in this section, except that the total duration of such a grant including any renewals may not exceed three (3) years, or five (5) years if it is a grant made for hiring, rehiring or redeploying additional career law enforcement officers.

SECTION 5. (1) Funds made available under this act to units of local government shall not be used to supplant local funds, but shall be used to increase the amount of funds that would, in the absence of grant funds received under this act, be made available from local sources.

(2) Funding provided under this act for hiring, rehiring or redeploying a career law enforcement officer may not exceed Twenty-five Thousand Dollars ($25,000.00), unless the Attorney General grants a waiver from this limitation.

SECTION 6. (1) Each program, project, or activity funded under this act shall contain a monitoring component, developed pursuant to guidelines established by the Attorney General. The monitoring required by this section shall include systematic identification and collection of data about activities, accomplishments, and programs throughout the life of the program, project, or activity and presentation of such data in a usable form.

(2) Selected grant recipients shall be evaluated on the local level pursuant to guidelines established by the Attorney General. Such evaluations may include assessments of individual program implementations. In selected jurisdictions that are able to support outcome evaluations, the effectiveness of funded programs, projects, and activities may be required. Outcome measures may include crime and victimization indicators, quality of life measures, community perceptions, and police perceptions of their own work.

(3) The Attorney General may require a grant recipient to submit to the Attorney General the results of the monitoring and evaluations required under subsections (1) and (2) of this section and such other data and information as the Attorney General deems reasonably necessary.

SECTION 7. If the Attorney General determines that a grant recipient under this act is not in substantial compliance with the terms and requirements of an approved grant application, the Attorney General may revoke or suspend funding of that grant, in whole or in part.

SECTION 8. The Attorney General and the State Auditor shall have access for the purpose of audit and examination to any pertinent books, documents, papers, or records of a grant recipient under this act and to the pertinent books, documents, papers, or records of local governments, persons, businesses, and other entities that are involved in programs, projects, or activities for which assistance is provided under this act.

SECTION 9. The Attorney General may promulgate rules, regulations and guidelines to carry out the purposes of this act.

SECTION 10. There is hereby created in the State Treasury a special fund designated as the Tobacco Litigation Settlement Fund into which shall be deposited such money as may be received by the state as settlement of any litigation in which the State of Mississippi is a plaintiff or claimant for damages suffered by the state as a result of the use of tobacco or tobacco products by the residents of the State of Mississippi. Money in this fund shall be appropriated by the Legislature and solely limited to funding grants under the Cops Helping in Prevention Act.

SECTION 11. This act shall take effect and be in force from and after July 1, 1998.