2004 Regular Session
To: Judiciary A
By: Representative Ellis
AN ACT TO AMEND SECTIONS 9-23-9, 9-23-13, 9-23-15, 9-23-17 AND 9-23-19, MISSISSIPPI CODE OF 1972, TO MAKE CERTAIN TECHNICAL REVISIONS TO THE DRUG COURT LAW; TO BRING FORWARD SECTION 9-23-11, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-23-9, Mississippi Code of 1972, is amended as follows:
9-23-9. (1) The State Drug Courts Advisory Committee is established to develop and periodically update proposed statewide evaluation plans and models for monitoring all critical aspects of drug courts. The committee must provide the proposed evaluation plans to the Chief Justice and the Mississippi Drug Courts Program Office. The committee shall be chaired by the Director of the Administrative Office of Courts and shall consist of * * * seven (7) members * * * appointed by the director and broadly representative of the courts, law enforcement, corrections, juvenile justice, child protective services and substance abuse treatment communities.
(2) The State Drug Courts Advisory Committee may also make recommendations to the Chief Justice, the Director of the Administrative Office of Courts and state officials concerning improvements to drug court policies and procedures. The committee may make suggestions as to the criteria for eligibility, and other procedural and substantive guidelines for drug court operation.
(3) The State Drug Courts Advisory Committee shall act as arbiter of disputes arising out of the operation of drug courts established under this chapter and make recommendations to improve the drug courts; it shall also make recommendations to the Supreme Court necessary and incident to compliance with established rules.
SECTION 2. Section 9-23-11, Mississippi Code of 1972, is brought forward as follows:
9-23-11. (1) A drug court may establish an alcohol and drug intervention component provided all the following requirements are met:
(a) The drug court established by the court is certified by the Administrative Office of Courts;
(b) The court that established the drug court determines that in order to fully implement the purposes of the drug court that the drug and alcohol intervention component is necessary; and
(c) The court must submit a petition for approval to the Administrative Office of Courts containing the following:
(i) A full description of a proposed intervention component.
(ii) A budget supported by statistics.
(iii) Details on the implementation of the intervention component.
(2) Each individual drug court judge may establish rules and may make special orders and rules as necessary that do not conflict with rules promulgated by the Supreme Court.
(3) A drug court may appoint such full- or part-time employees it deems necessary for the work of the drug court and shall fix the compensation of those employees. Such employees shall serve at the will and pleasure of the judge or the judge's designee.
(4) Drug court employees or contractors shall perform duties the court assigns.
(5) A drug court established under this article is subject to the regulatory powers of the Administrative Office of Courts as set forth in Section 9-23-15.
(6) Each individual drug court is responsible for the administration of the drug and alcohol intervention component of that court.
(7) (a) The costs of participation in an alcohol and drug services component required by the drug court established by this chapter may be paid by the participant or out of user fees or such other state, federal or private funds that may, from time to time, be made available.
(b) The court may assess such reasonable fees for participation and may impose sanctions that it deems appropriate.
SECTION 3. Section 9-23-13, Mississippi Code of 1972, is amended as follows:
9-23-13. (1) A drug court's alcohol and drug intervention component may provide for eligible individuals a range of necessary court intervention services, including, but not limited to, the following:
(a) Screening for eligibility and other appropriate services;
(b) Clinical assessment;
(e) Service coordination and case management; and
(f) Counseling and rehabilitative care.
(2) Any inpatient treatment or inpatient detoxification program ordered by the court shall be certified by the Department of Mental Health * * * or the equivalent agency of another state.
SECTION 4. Section 9-23-15, Mississippi Code of 1972, is amended as follows:
9-23-15. (1) In order to be eligible for alternative sentencing through a local drug court, the participant must satisfy each of the following criteria:
(a) The participant cannot have any felony convictions for any offenses which are crimes of violence.
(b) The crime before the court cannot be a crime of violence.
(c) Other criminal proceedings alleging commission of a crime of violence cannot be pending against the participant.
(d) The participant cannot have been currently charged with or previously convicted of burglary of an occupied dwelling.
(e) The crime before the court cannot be a charge of driving under the influence of alcohol or any other drug or drugs that resulted in the death of a person.
(f) The crime charged cannot be one of distribution, sale, possession with intent to distribute, production, manufacture or cultivation of controlled substances, nor can the participant have a prior conviction for same.
(2) Participation in the services of an alcohol and drug intervention component shall be open only to the individuals over whom the court has jurisdiction, except that the court may agree to provide the services for individuals referred from another drug court. In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.
(3) (a) As a condition of participation in an alcohol and drug court program, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the drug court. A participant is liable for the costs of all chemical tests required under this section, regardless of whether the costs are paid to the drug court or the laboratory; provided, however, if testing is available from other sources or the program itself, the judge may waive any fees for testing.
(b) A laboratory that performs a chemical test under this section shall report the results of the test to the drug court.
(4) A person does not have a right to participate in drug court under this chapter.
SECTION 5. Section 9-23-17, Mississippi Code of 1972, is amended as follows:
9-23-17. With regard to any drug court established under this chapter, the Administrative Office of Courts may do the following:
(a) Ensure that the structure of the intervention component complies with rules adopted under this section and applicable federal regulations.
(b) Revoke the certification of a program upon a determination that the program does not comply with rules adopted under this section and applicable federal regulations.
(c) Make agreements and contracts to effectuate the purposes of this chapter with:
(i) Another department, authority or agency of the state;
(ii) Another state;
(iii) The federal government;
(iv) A state-supported or private university; or
(v) A public or private agency, foundation, corporation or individual.
(d) Directly, or by contract, approve and certify any intervention component established under this chapter.
(e) Require, as a condition of operation, that each drug court created or funded under this chapter be certified by the Administrative Office of Courts.
(f) Adopt rules to implement this chapter.
SECTION 6. Section 9-23-19, Mississippi Code of 1972, is amended as follows:
9-23-19. (1) All monies received from any source by the drug court shall be accumulated in a fund to be used only for drug court purposes. Any funds remaining in this fund at the end of a fiscal year and any interest accruing to such fund shall not lapse into any general fund, but shall be retained in the drug court fund for the funding of further activities by the drug court.
(2) A drug court may apply for and receive the following:
(a) Gifts, bequests and donations from private sources.
(b) Grant and contract money from governmental sources.
(c) Other forms of financial assistance approved by the court to supplement the budget of the drug court.
SECTION 7. This act shall take effect and be in force from and after July 1, 2004.