2004 Regular Session
To: Judiciary, Division B
By: Senator(s) Burton
AN ACT TO AMEND SECTIONS 43-53-3 AND 43-53-5, MISSISSIPPI CODE OF 1972, TO TRANSFER THE POWERS AND RESPONSIBILITIES OF THE MISSISSIPPI LEADERSHIP COUNCIL ON AGING FROM THE DEPARTMENT OF PUBLIC SAFETY TO THE OFFICE OF ATTORNEY GENERAL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-53-3, Mississippi Code of 1972, is amended as follows:
43-53-3. (1) Establishment of the council. On July 1, 2004, the powers and responsibilities of the Mississippi Leadership Council on Aging shall be transferred to the Office of the Attorney General. The Attorney General may assign to the appropriate offices such responsibilities deemed necessary to carry out the functions of the council. There is hereby established within the Office of the Attorney General the Mississippi Leadership Council on Aging, hereafter in this chapter the "council."
(2) Membership of the council:
(a) The council shall consist of a representative of the Department of Public Safety to be appointed by the Commissioner of Public Safety;
(b) Two (2) representatives of the Mississippi Sheriff's Association, to be elected by the Sheriff's Association;
(c) Two (2) representatives of the Mississippi Association of Chiefs of Police, to be elected by the Association of Chiefs of Police;
(d) One (1) representative of the Mississippi Department of Human Services, Division of Aging and Adult Services, to be appointed by the Executive Director of the Department of Human Services;
(e) Two (2) representatives of the American Association of Retired Persons, to be elected by Mississippi AARP Executive Committee;
(f) Two (2) representatives from community volunteer councils on aging, to be appointed by the Office of the Governor;
(g) One (1) representative from the Office of the Attorney General, Crime Prevention Unit, to be appointed by the Attorney General; and
(h) Two (2) representatives from the aging advocate network, to be appointed by the Lieutenant Governor.
(3) In the performance of its functions, the council shall, to the extent possible, solicit the participation and involvement of retired law enforcement personnel.
(4) The council shall elect a chairperson by a majority vote of the membership.
(5) Members of the council shall serve until the appropriately designated person in each representative organization selects another representative, and all persons on the council shall be subject to the advice and consent of the Senate.
(6) Membership on the council shall not constitute the holding of a public office, and members of the council shall not be required to take and file oaths of office before serving on the council.
(7) The members of the council shall receive no compensation for their services as members.
(8) No member of the council shall be disqualified from holding any public office or employment nor shall any member forfeit any employment or office by reason of his membership on the council.
(9) The council shall meet as often as deemed necessary, but in no event less than four (4) times annually. The chairman shall call the first meeting of the council no later than October 1996. A majority of the membership shall constitute a quorum for conducting business.
SECTION 2. Section 43-53-5, Mississippi Code of 1972, is amended as follows:
43-53-5. (1) The council shall advise the Attorney General, the Department of Public Safety, sheriffs and other local law enforcement agencies, senior advocates chosen in consultation with the Area Agencies on Aging, and American Association of Retired Persons representatives in the study and evaluation of "TRIAD Programs" as an effective response to the problems of crime against elderly persons.
(2) The council may consult with experts, service providers, and representative organizations engaged in the protection of the elderly and may recommend the development of "TRIAD Programs" in the State of Mississippi to assist the elderly to avoid criminal victimization through the coordinated efforts of state, county and local law enforcement agencies and organizations which provide services for the elderly.
(3) The council may recommend policies and programs to assist law enforcement agencies to implement "TRIAD Programs," including training and crime prevention standards and technical assistance. Such recommendations may include the following:
(a) The establishment of a statewide central clearinghouse for information and education materials.
(b) The development of innovative community police programs for the elderly.
(c) The provision of assistance by the council in the development and delivery of training for law enforcement professionals involved in the "TRIAD Programs," including, but not limited to, the following subjects:
(i) Crimes against the elderly and the protection of elderly persons.
(ii) Police sensitivity to the needs of elderly persons as victims, witnesses or victims of "vicarious victimization," which impairs the quality of life.
(iii) Availability of social and human services.
(d) The provision of assistance to state and local law enforcement officials and to nonprofit corporations and organizations with respect to effective policies and responses to crime against elderly persons.
(e) The promotion and facilitation of cooperation among state agencies and local government.
(f) The promotion of effective advocacy services to protect and assist elderly persons and elderly victims of crime.
(g) The evaluation of the relationship between crimes against elderly persons and other problems confronting elderly persons and the making of recommendations for effective policy responses.
(h) The collection of statistical data and research.
(i) The establishment of rules and regulations necessary to carry out the above.
For purposes of this chapter, "TRIAD Program" means the triad cooperative model developed by the American Association of Retired Persons, the National Sheriff's Association and the International Association of Chiefs of Police, which calls for the participation of the sheriff, at least one (1) police chief, at least one (1) member of the American Association of Retired Persons and a representative of at least one (1) senior citizens' organization within a county and may include participation by coalitions of law enforcement, victims' services and senior citizen advocate organizations. If there is not both a sheriff and a police chief in a county or if the sheriff or a police chief does not participate, a TRIAD may include in the place of the sheriff or police chief other members of the criminal justice system, such as a district attorney.
SECTION 3. This act shall take effect and be in force from and after July 1, 2004.