MISSISSIPPI LEGISLATURE
2002 Regular Session
To: Juvenile Justice
By: Representative Flaggs
AN ACT TO PROVIDE MINIMUM STANDARDS FOR THE JUVENILE DETENTION CENTERS IN THE STATE; TO PROVIDE FOR HEALTH SCREENING FOR ALL JUVENILES UPON ADMISSION TO JUVENILE DETENTION CENTERS; TO REQUIRE JUVENILE DETENTION CENTERS TO DEVELOP CERTAIN WRITTEN PROCEDURES FOR JUVENILES THAT ARE NEW TO THE SYSTEM; TO REQUIRE THAT CERTAIN PROGRAMS SHALL BE PROVIDED AT ALL JUVENILE DETENTION CENTERS; TO CREATE A JUVENILE DETENTION FACILITIES TASK FORCE TO DEVELOP UNIFORM STANDARDS FOR JUVENILE DETENTION FACILITIES IN THE STATE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) All juveniles shall undergo a health screening within one (1) hour of admission to any juvenile detention center, or as soon thereafter as reasonably possible. Information obtained during the screening shall include, but shall not be limited to, the juvenile's:
(a) Mental health;
(b) Suicide risk;
(c) Alcohol and other drug use and abuse;
(d) Physical health;
(e) Aggressive behavior;
(f) Family relations;
(g) Peer relations;
(h) Social skills;
(i) Educational status; and
(j) Vocational status.
(2) If the screening instrument indicates that a juvenile is in need of emergency medical care or mental health intervention services, the detention staff shall refer those juveniles to the proper health care facility or mental health service provider for further evaluation, as soon as reasonably possible.
(3) All juveniles shall receive a thorough orientation to the center's procedures, rules, programs and services. The intake process shall operate twenty-four (24) hours per day.
(4) The directors of all of the juvenile detention centers shall amend or develop written procedures for admission of juveniles who are new to the system. These shall include, but are not limited to, the following:
(a) Determine that the juvenile is legally committed to the facility;
(b) Make a complete search of the juvenile and his possessions;
(c) Dispose of personal property;
(d) Require shower and hair care, if necessary;
(e) Issue clean, laundered clothing, as needed;
(f) Issue personal hygiene articles;
(g) Perform medical, dental and mental health screening;
(h) Assign a housing unit for the juvenile;
(i) Record basic personal data and information to be used for mail and visiting lists;
(j) Assist juveniles in notifying their families of their admission and procedures for mail and visiting;
(k) Assign a registered number to the juvenile; and
(l) Provide written orientation materials to the juvenile.
(5) All juvenile detention centers shall provide or make available the following minimum services and programs:
(a) An educational program;
(b) A visitation program with parents and guardians;
(c) Private communications with visitors and staff;
(d) Counseling;
(e) Continuous supervision of living units;
(f) Medical service;
(g) Food service;
(h) Recreation and exercise program; and
(i) Reading materials.
(6) Programs and services shall be initiated for all juveniles once they have completed the admissions process.
(7) Programs and professional services may be provided by the detention staff, youth court staff or the staff of the local or state agencies, or those programs and professional services may be provided through contractual arrangements with community agencies.
(8) Persons providing the services required in this section must be qualified or trained in their respective fields.
(9) All directors of juvenile detention centers shall amend or develop written procedures to fit the programs and services described in this section.
SECTION 2. (1) There is established a Juvenile Detention Facilities Task Force, the duties of which shall be to develop uniform standards for juvenile detention facilities in the state. The uniform standards shall address the following areas, at a minimum:
(a) Operations of juvenile detention facilities;
(b) Programs and services provided by juvenile detention facilities; and
(c) Training of juvenile detention facility staff.
The task force shall utilize the Standards for Juvenile Detention Facilities, 3rd Edition, developed by the American Correctional Association in cooperation with the Commission on Accreditation for Corrections, as a guide for developing the uniform standards.
(2) The task force shall consist of fifteen (15) members as follows:
(a) Two (2) administrators of juvenile detention centers, appointed by the Executive Director of the Division of Public Safety Planning of the Department of Public Safety;
(b) One (1) representative of the Office of Youth Services of the Department of Human Services;
(c) One (1) representative of the Division of Public Safety Planning of the Department of Public Safety;
(d) One (1) representative of the State Department of Health;
(e) One (1) representative of the Mississippi Association of Supervisors;
(f) One (1) representative of education, appointed by the State Superintendent of Public Education;
(g) One (1) county sheriff who is a representative of the Mississippi Sheriff's Association;
(h) One (1) representative of a youth advocacy organization or group, appointed by the Director of the Office of Youth Services of the Department of Human Services;
(i) One (1) youth court judge who is a representative of the Mississippi Council of Youth Court Judges;
(j) Two (2) members of the Juvenile Justice Committee of the Mississippi House of Representatives, appointed by the Speaker of the House;
(k) Two (2) members of the Juvenile Justice Committee of the Mississippi Senate, appointed by the Lieutenant Governor; and
(l) One (1) attorney who has experience in youth court matters, appointed by the Executive Director of the Division of Public Safety Planning of the Department of Public Safety.
(3) At its first meeting, the task force shall elect a chairman and vice chairman from its membership, and shall adopt rules for transacting its business and keeping records. If sufficient funds are available to the task force for that purpose, members of the task force may receive a per diem in the amount provided in Section 25-3-69 for each day engaged in the business of the task force, and members of the task force other than the legislative members may receive reimbursement for travel expenses incurred while engaged in official business of the task force in accordance with Section 25-3-41.
(4) Before December 1, 2002, the task force shall make a report of its work and recommendations, and it shall submit a copy of the report to the Legislature and the Governor.
(5) The task force shall be assigned to the Division of Public Safety Planning of the Department of Public Safety for administrative purposes only, and the Division of Public Safety Planning shall designate staff to assist the task force. The task force may solicit grants, donations and other funds, and may accept and expend any funds that are made available to the task force to carry out its purpose. However, no state general funds may be used to pay any expenses of the task force.
(6) All agencies, departments, offices and institutions of the state, including the state universities and the community and junior colleges, shall cooperate with the task force with such assistance as requested by the task force.
(7) After the presentation of its report to the Legislature and the Governor, the task force shall be dissolved.
SECTION 3. This act shall take effect and be in force from and after July 1, 2002.